ZONING CHANGE REVIEW SHEET  CASE: C142008-0214/Teklar Waterproofing ZAPDATE: January 6, 2009 ADDRESS: 11GOONIH3SSVRDSB OWNER: Richard Johnson, 512-491-0608 AGENTS: A.E.C., Inc. (Phil Moncada), 512-627-8815  Jackson Walker,L.L.P. (Katherinel Loayza), 236-2259  ZONING FROM: LR  TO: LI-CO AMENDEDTO: CS-CO  SITEAREA: 0.273 acres (11,900sq.ft.)  SUMMARY STAFF RECOMMENDATION: The staff recommendation is to deny the change from LR (Neighborhood Commercial) district zoning to LI-CO (Limited Industrial Services - Conditional Overlay) combining zoning district. The Conditional Overlay would limit vehicle trips to The staff recommendation is to deny the change from CS-CO (General Commercial Services = Conditional Overlay) combining zoning district, as described in the Issues section below. SUMMARY ZONING AND PLATTING COMMISSION RECOMMENDATION: January 6, 2009: Zoning and Platting Commission approved staff's recommendation to DENY LI zoning; was approved by Commissioner Donna Tiemann's motion, Commissioner Betty Baker second the motion ISSUES: On January 21, 2009, after the Zoning and Platting Commission hearing, the Applicant amended the request froml LI-CO to CS-CO. The applicant's! proposed Conditional Overlay would: Prohibit all permitted and conditional uses allowed in the General Commercial Services (CS) zoning district except: construction sales and services, plant nursery, limited warehousing and distribution, food preparation uses; and all other permitted and conditional uses allowed in Establish a 25' building and parking setback from the residential property west oft the site Please refer to correspondence and comments in favor and opposition attached at the back of the staff On May 23, 2008, the property owner was issued a Code Enforcement citation for the operation ofa prohibited use in LR zoning, in addition to the absence ofa Certificate of Occupancy. DEPARTMENT COMMENTS: The 0.273-acre site is currently zoned LR (Neighborhood Commercial) district zoning and is located on northwest corner of Interstate Highway 35 and E. Covington Drive. The property has driveway access from the southbound service road of Interstate Highway 35 and E. Covington Drive, to which both ingress and egress access is taken. The site is  less than 2,000 per day.  ona vote of 6-1; Commissioner Teresa Rabago voted against the motion.  the Neighborhood Commercial (LR)zoning district. Limit vehicle trips to less than 2,000 per day Limit building height to 401 feet or 3 stories and Screen the property from the adjacent residential uses.  packet.    surrounded by an Appliance Repair Business to the north, an undeveloped tract to the south, Interstate The subject property is currently developed with a one story brick building with a canopy that is occupied by Tex-Tar Waterproofing. The existing use is classified as construction sales and services which is not permitted in LR (Neighborhood Commercial) zoning district. This use is conditional in the W/LO (Warehouse Limited Office district) and first permitted in CS (General Commercial Services district). The applicant wishes to change the zoning so that the existing use becomes The staff recommendation is to deny the requested zoning change and maintain the existing LR zoning because it is adjacent to an established single residential neighborhood to the west. Additionally, similarly situated commercial tracts in the area are also zoned LR and granting more intensive zoning on this site would set aj precedent for every other one of these tracts.  Highway-35 to the east and single family residences to the west.  compliant with the zoning regulations.  EXISTING ZONING AND LAND USES:  ZONING  LAND USES  Site LR North LR South LR-CO East West SF-1  Construction Sales and Service Construction Sales and Service Undeveloped Tract Large lot Single Family residences  Interstate Highway - 35 Expressway  AREA STUDY: The property does not lie within a designated neighborhood planning area. TIA: A traffic impact analysis was waived for this case beçause 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 tol less than 2,000 vehicle trips per day. [LDC, 25-6-117]  WATERSHED: Walnut Creek CAPITOL VIEW CORRIDOR: No NEIGHBORHOOD ORGANIZATIONS: Scofield) Farms Residents Assn. Austin Northwest Association Austin Independent School District Home Builders Association of Greater. Austin Austin Neighborhoods Council Walnut Creek Neighborhood Assn., Inc. North Growth Corridor Alliance Yager Planning Area Homeless Neighborhood Organization River Oaks Lakes Estates Neighborhood Austin Parks Foundation League of Bicycling Voters  DESIRED DEVELOPMENT ZONE: Yes SCENIC ROADWAY: No  2    SCHOOLS  Austin Independent School District Walnut Creek Elementary School CASE HISTORIES: NUMBER Walnut Forest Motel 11506N. IH-35 SVRD Southbound  Dobie Middle School  Lanier High School  REQUEST  COMMISSION  CITY COUNCIL Pending. Scheduled  C14-2008-0229- GOtOGR-CO Jan. 6, 2009: ZAPapproved GR-  CO. The CO prohibits the following for Council hearing uses: A DRIVE-THROUGH USE 2/12/09. AS AN. ACCESSORY USE, AUTOMOTIVE RENTALS, AUTOMOTIVE REPAIR SERVICES, AUTOMOTIVE SALES, AUTOMOTIVE WASHING (OF ANYTYPE), BAILI BOND: SERVICES, COMMERCIAL BLOOD PLASMA CENTER, COMMERCIAL OFF- STREET PARKING, COMMUNITY RECREATION (PRIVATE), COMMUNITY RECREATION (PRIVATE), CONGREGATELIVING, CONSUMER CONVENIENCE SERVICES, FOOD: SALES, FUNERAL SERVICES, GENERAL RETAIL SALES (GENERAL), GUIDANCE SERVICES, INDOOR ENTERTAINMENT, OUTDOOR SPORTS AND RECREATION, PAWN SHOP SERVICES, RESIDENTIALTREATMENT AND SERVICE STATION; LIMITING HEIGHTTO351 FEET, ANDLIMITING VEHICLETRIPS TO: 2,0001 PER DAY.  C14-05-0085- GOtoCS Powers 20 11520N. IH-35 SVRD Southbound  Nov. 152005: ZAP approved LR- November 2, 2006: Consumer repair services, Off-site 2,000 Vehicle trips  CO with conditions of: 2,000 Vehicle trips limit, Prohibit accessory parking, Community recreation (public), Guidance services, Private secondary publishing, Service station, Financial services, Community recreation (private), Congregate  CCapprovedIR.CO with conditions of: limit, Prohibit Consumer repair services, Off-site Community recreation (public), Guidance services,  educational facilities, Printing and accessory parking,  3    CASE MANAGER: Joi Harden E-MAIL: oardenecasinsus  PHONE: 974-2212  5    RENTAL! SALES  MONTERRE B SF-2  00-o9  -2  RR  SANDP  F-1 E7Rbo-oosi  85-4 F-1  F5  CA-odo o o obos  EADOWL LARKAVE API LN ECOVINGTONDR 05-0085  BERRYWODSOR  C7A-00-093  DR  84-110  SF-2  DR  SP-01-0222CR RE3-288 GR  MF-2 R84-398  APARTMENTS  CEMETERY  DISCOUNT DOOR   SUBJECT TRACT ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS  ZONING  N  ZONING CASE#: C14-2008-0214 ADDRESS: 11600NIH35S SVRDS SB SUBJECTAREA: 0.273 ACRES GRID: M32 MANAGER: J.H HARDEN  1"=400'  Thisn maph hast beenp produced by GIS. Servicesk lort the solep purposed of geographicr reference. Now warrantvi is madel hv! tha Citvr nfAustinr ranardino snarifics arnracv ar mmoiAtnnass  D    SF-2  PEAAIOODDE  MEADOWLARKAVE  SF-1  ECOVINGTONDR  LR-CO  GO  C14-2008-0214 11600 N IH-35 SVRD SB  From Neighborhood Commercial District Zoning (LR) to Limited Industrial Services (LI) District Zoning    SUMMARY STAFF RECOMMENDATION  The staff recommendation is to deny the requested zoning change because it is adjacent to an established single family residential neighborhood to the west. Additionally, similarly situated commercial tracts in the area are also zoned LR and granting more intensive zoning on this site would  setap precedent for every other one oft these tracts.  BASIS FOR LAND USE RECOMMENDATION. (ZONING PRINCIPLES) 1. The proposed zoning should be consistent with the purpose statement oft the district  sought.  The applicant's request of CS, General Commercial Services 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. Staff's recommendation is to deny the requested zoning change and maintain the existing LR zoning because iti is adjacent to an established single residential neighborhood to the west. 2. Zoning changes should promote compatibility with adjacent and nearby uses and should not This zoning change would introduce a more intensive commercial zoning adjacent to an  result in detrimental impacts to the neighborhood character. established single family residential neighborhood.  EAISTING CONDITIONS Site Characteristics  The subject property is currently developed with a one story brick building with a canopy that is occupied by' Tex-Tar Waterproofing. There is ai fence that surrounds three sides of the site. The site is  relatively flat. Impervious Cover  The maximum impervious cover allowed by the LR zoning district is 80% which is a consistent The maximum impervious cover allowed by the CS zoning district is 95%. However, because the watershed impervious cover is more restrictive than zoning district's allowable impervious cover, the  figure between the zoning and watershed regulations.  impervious cover is limited by watershed regulations as shown in the table below.  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 Walnut Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of 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:  6    Development Classification Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial  %ofA Net Site Area 50% 55% 60% 80%  %with Transfers 60% 60% 70% 90%  According to flood plain maps, there ist no floodplain within, or adjacent to the project boundary. Standard landscaping and tree protection will be required in accordance with LDC25-2: and 25-8 for 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, spings.canyonrimmoek, caves, sinkholes, and wetlands. Under current watershed regulations, development or redevelopment on this site will be subject to the Structural controls: Sedimentation and filtration basins with increased capture volume and 2  all development and/or redevelopment.  following water quality control requirements:  year detention. Transportation  No additional right-of-way is needed at this time.  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 A Neighborhood Traffic Analysis may be required to be performed for this project by the Transportation Review staff. Please contact this reviewer at your earliest convenience. LDC, Sec.  conditional overlay to less than 2,000 vehicle trips per day. [LDC,25-6-117)  25-6-114.  Water and Wastewater  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 tap permit.  7    Site Plan Review  Any new development may be subject to Subchapter. E: Design Standards and Mixed Use fora project located on a Suburban Roadway. Additional comments willl be made when the site plani is The site is subject to compatibility standards. Along the western property line, the following  submitted. standards apply:  No structure may be built within 15 feet of the property line.  Nos structure in excess oft two stories or 301 feet in height may be constructed within 501 feet Nos structure ine excess of three stories or 401 feet in! height may be constructed within 100 Noj parking or driveways are allowed within 7 feet oft thej property line. Al landscape areai is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, Additional design regulations willl be enforced at the time a site plan is submitted.  oft the property line. feet of the property line.  mechanical equipment, storage, and refuse collection.    Katherinel P. Loayza (512): 236-2259 (Direct Dial) (512)236-2002 (Fax) kloayza@jw.com  w  JACKSON WALKER L.L.P. ATTORNEYS & COUNSELORS  February 17, 2009  Mayor Wynn and City Council Members  Re: Rezoning application C14200-0214Tex-Tar Waterproofing  11600N.IH35  Mayor Wynn and City Council Members,  This zoning case was postponed from February 12, 2009 to February 26, 2009 at the request of Wayne Tobias, president of the Walnut Creek Neighborhood Association. In order to ensure that the proposed "CS" zoning is compatible with the surrounding area, we offer the following as a conditional overlay for the proposed rezoning of the 0.273 acre site which is more restrictive  than what we had previously proposed:  Prohibit all permitted and conditional uses allowed in the General Commercial Services Construction sales and services, plant nursery, limited warehousing and distribution, food preparation uses; and all other permitted and conditional uses allowed in the  "CS"zoning district, except:  Neighborhood Commercial "LR"zoning district. Limit vehicle trips to less than 2,000 per day Building height 40 feet or 3 stories  25' building and parking setback from the residential property west ofthe site  Screening the property from the adjacent residential uses  Mr. Johnson has the support of the property owners immediately adjacent to his property and a majority of the surrounding property owners for this rezoning request. We believe that the requested zoning is appropriate for the site with the application of the proposed conditional overlay use restrictions and that the requested zoning reflects the existing land uses along the  frontage road ofIH35.  100 Congress Avenue, Suite 1100 Austin  Austin, Texas 78701 Houston  (512)236-2000 San Angelo  fax (512) 236-2002 San Antonio  www.jw.com  Dallas  Fort Worth  Member of GLOBALAW"    Mayor Wynn and City Council Members  C14-2008-0214 Page 2  Compatibility standards will prohibit any new buildings greater than 30 feet in height within 50 feet of property line and will require that any outdoor lighting be shielded and hooded to prevent glare onto neighboring properties. Mr. Johnson intends toi improve the existing screening oft the property and materials stored on-site subject to obtaining the zoning that he needs to be able to We appreciate your support of this rezoning request and the small business owners serving the  continue his business operations on the property.  construction industry in Austin.  Sincerely, Katherine Loayza,  Richard Johnson, Tex-Tar Waterproofing F  cc: Phil Moncada Richard Johnson  5425499v.2    Katherine P. Loayza (512) 236-2259 (Direct Dial) (512)236-2002 (Fax) kloayza@jw.com  JW  JACKSON WALKER L.L.P. AITORNEYS & COUNSELORS  February 4, 2009  Mayor Wynn and City Council Members  Re: Rezoning appliçation C14-2008-0214 Tex-Tar Waterprooling  11600N.IH35  Mayor Wynn and City Council Members,  Our firm. as well as Phil Moncada, agent, represent Richard Johnson, owner of the above referenced site. We respectfully request your favorable consideration of the rezoning of the subject property from "LR" Local Retail to "CS-CO" Commercial Services Conditional Overlay. The site is currently used as the office and incidental storage of equipment for Tex-Tar Waterproofing, which is classified as a construction sales and services use according to the Land Development Code. The property was originally developed as a service station, however the use was discontinued and the gasoline storage tanks have also been removed. The site has been vacant for some time until Mr. Johnson purchased the property over one year ago. The property does not have wastewater service and because of the site size, only 0.273 acres; site development constraints do not make it conducive to a large-scale commercial operation, and therefore will naturally will limit the intensity of the use. Currently, the operations ofTex- Tar Waterproofing involve less than 20 trips per day and no customer generated trips. All oft the construction services provided are off-site and no construction related activity is performed on- site. There is no noise, lighting or traffic impact with the use proposed for the site that would Based upon field verification of the existing uses immediately north and south of the subject property. (refer to attachment). it appears that there are at least nine existing uses between East Braker and Wren Avenue to the north which are uses permitted only in the "GR" or "CS" zoning districts, but they are zoned "GO", "LR" or "LO". Based upon thesc existing uses, it is apparent that the land use pattern along the frontage road of IH 35 supports the requested "CS"  The original request for rezoning was modified from "LI"to"CS".  affect the adjacent residential neighborhood.  zoning.  100 Congress Avenue, Suite 1100 Austin  Austin. Texas 78701 Houston  (512)236-2000 San Angelo  fax (512)236-2002 San Antonio  www.jw.com  Dallas  Fort Worth  Member of GLOBALAW"Y    Mayor Wynn and City Council Members  C14-2008-0214 Page 2  In order to ensure that the proposed "CS" zoning is compatible with the surrounding area. we offer the following as a conditional overlay for the proposed rezoning oft the 0.273 acre site:  Limit vehiçle trips to less than 2,000 per day  25' building and parking setback from the residential property west of the site Prohibit the following uses: automotive rental, automotive repair services, automotive sales, automotive washing, commercial off-street parking, drop-off recycling, and vehicle storage, bail bond services, exterminating services, pawn shop, congregate living, group  home class II and residential treatment Building height 40 feet or 3 stories  Screening the property from the adjacent residential uses  We have met with the Wayne Tobias, president of the Walnut Creek Neighborhood Association and other association members, but as yet do not have a formal position from the Association regarding the zoning request. We also indicated that we were receptive to including other uses allowed in the "CS" zoning district to be prohibited as well, but have not received any feedback Mr. Johnson has the support of all the adjacent property owners and surrounding property owners for the original "LI" request. By supporting this request for "CS" zoning you will be recognizing the need for small business owners to be able to conduct commercial scrvices uses along a high intensity traffic corridor. while at the same time not negatively affecting the We appreciate your support oft this rezoning request and the support of the small business owncrs servicing the construction industry in Austin. We believe that the requested zoning is appropriate for the site; with the application of the proposed conditional overlay use restrictions, and that the requestcd zoning reflects the existing land uses along the frontage road ofI IH35.  at this time.  residential neighborhood.  Sincerely, Katherine Loayza Land Use Consultant  Lahukdyo  5425499v.1    a saks Rda!  ua Sals  msha.s owsh.sal  pow  BERRYWOOSOR  VING  SF-2  nek pdwn sh  CA  Mmpns  OMCOUNT   N  SUBJECT TRACT ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS  ZONING ZONING CASE#: C14-2008-0214 ADDRESS: 11600NIH35 SVRD SB SUBJECTAREA: 0.273 ACRES GRID: M32 MANAGER: J.HARDEN  1"=400  The has been marte producedby GIS Servoee  purposs  vlerencs.    SF-1  a p L 6 3 I I N  MEADOW LARK AVE  SF-1  LR  INGTON DR  LR-CO  GO    Date:. 12-12-08  We are awaret that Tex-Tar Waterproofing located at 116001 Interstate Hwy 35 Northi is proposing a; zoning change from LRtoLLIdor not oppose the: zoning change for this  project.  Name_ Jayreu B Wi kingow  Higohuhser  Signature Sannk  Address_ 4700 nth I 35 Austin TX 78753 Are yous an adjacent property owner? YesorNo  within 300'  990/2000  8090185219 xV3 EV:L 8003/21/21    Date: 12-/2-09  We are aware that Tex-Tar Waterproofing located at 11600 Interstate Hwy 35 Northi is proposing a zoning change firom LR tol LI.I do not oppose the zoning change for this  project.  Name_ fagais WIKINSN ffamou Bukrieny AAIDark i 35 austin aRx 78753 Are you an adjacent property owner? Yes or No  wiHin S00'  290/8000  80S0L6PZL9 xVJ EPL 80    Date:. 12//2ot  We are aware that Tex-Tar' Waterproofing located at 11600 Interstate Hwy 35 North is proposing a: zoning change from LR to LI.Ido not oppose the zoning change for this  project.  NameEsmacil Rowsn-  Signatureb  - Ra  AdllhalaAIH35 Are you an adjacent property owner? Yes orl No  Meo  900/P00  809018V219 xYSPD:LL8    Date:. 17A2808  We are aware that Tex-Tar Waterproofing! located at 11600 Interstate Hwy 351 North is proposing a: zoning change from LR tol LI.Ido not oppose the zoning change for this  project.  Namelmb Bem Cus. Signature_ lm DONNA ESTES Adrs_lole E. COVENCTON DR  AUSTEN TV 78753 Are you an adjacent property owner? Yeso OfNO)  800/800  8090L6P2L9 XVi 6E:21 8003/21/21    Date: relalos  We are aware that Tex-Tar Waterproofing! located at 116001 Interstate Hwy 35Northi is proposing a zoning change from LRI toLLIdor not oppose the zoning change for this  project.  Name MARGARET N. BLISS Sipwagn Busv  Address Too e. CoviGToN De RosTIN 28453 Are you an adjacent property ownerlYesorNo  800/z00  809018D219 XVi 8€21 8002/24/2:    Date: 45/01  We are aware that Tex-Tar Waterproofing located at 11600 Interstate Hwy 35 North is proposing a zoning change from LR tol LLIdor not oppose the: zoning change for this  project.  Name JimDelca & Ban  Address W24N.TH35  Are you an adjacent property owner?ffes)or No  A09AIADZIC xV4 Rb:bl 6002/90/L0    Date: 4hbf .Afe We project. Name Signature_  that Tex-Tar Waterproofing located at 11600 Interstate Hwy 35 North is  proposing a zoning change from LR tol LI.Ido not oppose the zoning change for this  Suh RUHAr GERLD wHoew  Ausfwly 78753  Adaes.!155 Blauhc Are you an adjacent property fee    Date: 4/os/oz  We are aware that Tex-Tar Waterproofing located at 11600 Interstate Hwy 351 North is proposing a zoning change from LR tol LI.Id do not oppose the zoning change for this  project.  Name Pkthleey Fard Signature L74  Address_ lkaz WLEWS Ae. Are you an adjacent property owner? E)rNo    Date!-06-09  We are aware that Tex-Tar Waterproofing located at 11600 Interstate Hwy 35 North is proposing a zoning change from LRI toLI.Id do not oppose the zoning change for this  project.  NameJosH MTcte  Address  AASTIN TX 78253 Are you an adjacent property owner? Yes o  Fhr  55DPT    Date: F5-09  We are aware that Tex-Tar Waterproofing located at 11600 Interstate Hwy 35 North is proposing a: zoning change from LR toLI.Ido not oppose the zoning change for this  project.  Name_ Travis Wilkes Signature_ 1 Ab  Address_ 1012 NIH35  Are you an adjacent property owner? Yes OrNO  600 FT