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Case Number: |
A-15-165 |
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Applicant: |
Leon Capital Group |
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Owner: |
1251 Austin Hwy LP |
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Council District: |
10 |
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Location: |
1251 Austin Hwy, 1253 Austin Hwy & 1255 Austin Hwy |
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Legal Description: |
Lots 21, 22 & 23, Block 34, NCB 9073 |
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Zoning: |
“C-2 MC-3 AHOD” Commercial Austin Highway / Harry Wurzbach (TAPS Memorial Boulevard) Metropolitan Corridor Overlay Airport Hazard Overlay District |
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Case Manager: |
Margaret Pahl AICP, Senior Planner |
Request
A request for 1) a 24 foot variance from the maximum 40 foot front setback to allow 3 buildings setback 64 feet; 2) a 2.5 foot variance from the minimum 20 foot side setback to allow a building 17.5 feet from the property line; and 3) a 10 foot variance from the minimum 10 foot bufferyard required along side property lines, each as described in 35-339.01 to allow shared internal circulation for three new buildings.
Executive Summary
The subject property is located in the City’s most recent design overlay, Austin Highway/Harry Wurzbach Metropolitan Corridor Overlay District, adopted in March of 2012. The primary goal of the overlay regulations is to encourage the continued revitalization that began with the Austin Highway Revitalization Project (AHRP) in 2002. AHRP was a non-profit board of directors who approved revitalization grants for proposed projects consistent with design requirements. The corridor is recognized as one of the City’s first commercial corridors and as such is experiencing a surge in renovation and re-investment.
The applicant is planning to demolish and redevelop the entire 3.7 acre parcel into a medical office, a drive-through restaurant and a mixed retail building. The property owner requested a variance earlier this year to allow the existing cell tower to be relocated from the front of the site. Since that time, they had the property rezoned to remove the restrictive alcohol sales and are working on a subdivision plat to create individual parcels. The proposed development plan requires variances to be built as planned.
Similar to the variance granted for the Taco Bell site a few blocks away, the applicant is seeking a variance to allow two-way circulation for vehicles in front of the building. The access into the restaurant pad site is shared and as such, vehicles have to decide immediately whether to turn right or left. This shared internal circulation causes the buildings to exceed the maximum front setback. In addition, the design overlay requires a 20 foot side building setback and a 10 foot landscaped side bufferyard. The applicant is requesting a variance to eliminate the landscaped side bufferyard; the site plan shows shared parking and driveways along these lots lines instead. Finally, one of the buildings encroach 2.5 feet into the minimum setback.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“C-2 MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Airport Hazard Overlay District |
Restaurant |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“MF-33 AHOD” Residential Multi-Family Airport Hazard Overlay District |
Single-Family Dwellings |
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South |
C-2 MC-3 AHOD” Commercial Austin Highway / Harry Wurzbach (TAPS Memorial Boulevard) Metropolitan Corridor Overlay Airport |
Car Wash |
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East |
C-2 MC-3 AHOD” Commercial Austin Highway / Harry Wurzbach (TAPS Memorial Boulevard) Metropolitan Corridor Overlay Airport |
Motel |
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West |
C-3 MC-3 AHOD” General Commercial Austin Highway / Harry Wurzbach (TAPS Memorial Boulevard) Metropolitan Corridor Overlay Airport |
Multi-Tenant Commercial Center |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Northeast Inner Loop Neighborhood Plan and currently designated as Community Commercial in the future land use component of the plan. The subject property is located within the boundaries of the Terrell Heights neighborhood association. As such, they were notified and asked to comment.
Criteria for Review
According to Section 35-482(e) of the UDC, in order for a variance to be granted, the applicant must demonstrate all of the following:
1. The variance is not contrary to the public interest.
The public interest is defined as the general health, safety, and welfare of the public. In this case, the requested variances will allow for orderly internal circulation as vehicles support one or more of the businesses in this combined center. Landscaping will be installed on the perimeter, as if the site were a single lot, making the variance not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special circumstance present on the subject property is that the shared driveway forces vehicles to enter the site between two buildings, requiring a two way internal driveway between the public right of way and the buildings. In addition, installing landscaping along each of the three shared internal property lines would prevent cross access. Therefore these circumstances make literal enforcement an unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The variance process was created to address those situations that are unique. The corridor design guidelines envisioned each lot functioning separately, rather than sharing entrance points and internal circulation. The proposed redevelopment of the site, and its landscaping will observe the spirit of the ordinance.
4. The variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.
The requested variance will not authorize the operation of a use on the subject property other than those specifically permitted in the “C-2 MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Airport Hazard Overlay District.
5. Such variance will not substantially injure the appropriate use of adjacent conforming property or alter the essential character of the district in which the property is located.
The district is in a state of redevelopment and the proposed site plan improvements will enhance the character of the area. Other than the enlarged setback, the buildings will comply with all other design overlay requirements. As proposed, the landscaping will surround the perimeter of the site, making the bufferyard variance unnoticeable.
6. The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.
According to the applicant, the site has existing utility easements which restrict design options and create challenges for satisfying the requirements of the overlay.
Alternative to Applicant’s Request
The applicant could redesign the site to accommodate the required design restrictions.
Staff Recommendation
Staff recommends a modified APPROVAL of A-15-165 based on the following findings of fact:
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1. |
The access restrictions limit the redevelopment options and create a property-related hardship not self-imposed and not financial. |