B-02 (C14-2019-0003 - Lantana Block P, Lot 3; District 8) — original pdf

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ZONING CHANGE / RESTRICTIVE COVENANT AMENDMENT REVIEW SHEET CASE: C14-2019-0003 / C14-85-288.8(RCA5) – ZONING FROM: GR-NP for Tract 1; CS-1-CO-NP for Tract 2 ZONING TO: GR-MU-NP for Tract 1 (35.371 acres); Lantana, Block P, Lot 3 DISTRICT: 8 CS-1-MU-CO-NP for Tract 2 (0.279 acres) ADDRESS: 7415 Southwest Parkway PROPERTY OWNER: Lantana Place, L.L.C. (Erin D. Pickens) TOTAL SITE AREA: 35.67 acres AGENT: LJA Engineering, Inc. (Paul J. Viktorin, P.E.) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to: grant community commercial – mixed use – neighborhood plan (GR-MU-NP) combining district zoning for Tract 1 and commercial-liquor sales – mixed use – conditional overlay – neighborhood plan (CS-1-MU-CO-NP) combining district zoning for Tract 2. On Tract 2, the Conditional Overlay is to limit the maximum floor-to-area ratio is 1 : 1 and prohibit the following uses on the Property: agricultural sales & services, commercial blood plasma center, custom manufacturing, electronic prototype assembly, exterminating services, plant nursery and veterinary services, and amend the Restrictive Covenant to remove the provision establishing the maximum net leasable square feet of buildable space or maximum floor-to-area ratio (FAR) that can be developed on the Property. For a summary of the basis of Staff’s recommendation, see case manager comments on Page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: May 12, 2020: April 28, 2020: CONTINUED TO MAY 12, 2020 [R. SCHNEIDER; P. HOWARD – 2ND] (12-0) C. LLANES PULIDO – LEFT EARLY April 14, 2020: APPROVED A POSTPONEMENT REQUEST BY STAFF TO APRIL 28, 2020 [R. SCHNEIDER; C. KENNY – 2ND] (12-0) C. LLANES PULIDO – ABSENT March 10, 2020: APPROVED A POSTPONEMENT REQUEST BY STAFF TO APRIL 14, 2020 [J. SHIEH; R. SCHNEIDER – 2ND] (11-0) A. AZHAR, P. HOWARD – ABSENT 1 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 2 February 25, 2020: APPROVED A POSTPONEMENT REQUEST BY STAFF TO MARCH 10, 2020 [R. SCHNEIDER; C. KENNY – 2ND] (12-0) J. SHIEH – ABSENT January 28, 2020: APPROVED A POSTPONEMENT REQUEST BY STAFF TO FEBRUARY 25, 2020 [J. THOMPSON; A. AZHAR – 2ND] (10-0) C. HEMPEL – RECUSED; C. LLANES PULIDO, P. SEEGER – ABSENT December 17, 2019: APPROVED A POSTPONEMENT REQUEST BY THE STAFF TO JANUARY 28, 2020, BY CONSENT [P. HOWARD; Y. FLORES – 2ND] (10-0) G. ANDERSON, C. LLANES PULIDO, T. SHAW – ABSENT [P. HOWARD; C. KENNY – 2ND] (11-0) P. SEEGER, J. SHIEH – ABSENT June 25, 2019: APPROVED AN INDEFINITE POSTPONEMENT REQUEST BY THE STAFF, BY CONSENT CITY COUNCIL ACTION: May 21, 2020: May 7, 2020: April 23, 2020: APPROVED A POSTPONEMENT REQUEST BY STAFF TO MAY 7, 2020. VOTE: 11-0 March 12, 2020: APPROVED A POSTPONEMENT REQUEST BY STAFF TO APRIL 23, 2020. VOTE: 9-0, MAYOR ADLER; COUNCIL MEMBER HARPER-MADISON – OFF THE DAIS February 6, 2020: APPROVED A POSTPONEMENT REQUEST BY STAFF TO MARCH 12, 2020. VOTE: 10-0, COUNCIL MEMBER CASAR – OFF THE DAIS ORDINANCE NUMBER: ISSUES: A related project consent agreement item has been placed on the agenda to address residential use for the property, and under what circumstances it could occur. On March 4, 2020, the project consent agreement completed review by the Environmental Commission. CASE MANAGER COMMENTS: The rezoning area consists of a platted lot that contains a commercial center with office, financial services, retail, restaurant uses and a movie theater, and is located at the southwest corner of Southwest Parkway and West William Cannon Drive. The property has 2 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 3 community commercial – neighborhood plan (GR-NP) combining district zoning with the exception of one 12,138 square foot single story building that has commercial-liquor sales – conditional overlay – neighborhood plan (CS-1-CO-NP) district zoning by a 2018 case. There is a landscaped median dividing the east and west lanes of Southwest Parkway, and the north and south lanes of William Cannon; median breaks allow for full turning movements on both roadways. There is undeveloped land on the north side of Southwest Parkway (DR; GO), undeveloped land and an AMD facility to the east (GR-NP), undeveloped land and apartments to the south (CS-NP; P-NP) and offices to the west (CS-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial Exhibit), B (Recorded Plat) and C (Approved Site Plan). The Applicant requests the addition of the mixed use (-MU) combining district to both tracts, as the first step in developing up to 400 multifamily residential units on the undeveloped southeast portion of the property. On Tract 2, the –CO for the list of prohibited uses is not proposed to change. The Applicant also requests an amendment of the 1986-87 Restrictive Covenant to remove the provision establishing the maximum net leasable square feet of buildable space or maximum floor-to-area ratio (FAR) that can be developed on the Property, because these terms apply to commercial rather than multifamily residence use. All other provisions of the Restrictive Covenant would remain intact. Please refer to Exhibit D (1986 Restrictive Covenant and 1987 Modification). BASIS OF RECOMMENDATION: The proposed zoning should be consistent with the purpose statement of the district sought. For Tract 1: The proposed community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major trafficways. For Tract 2: The commercial – liquor sales (CS-1) zoning district is intended for commercial and industrial activities of a service nature which typically have operating characteristics or traffic service requirements generally incompatible with residential environments, and specifically includes liquor sales as a permitted use. The Conditional Overlay (CO) combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. For Tracts 1 and 2: The mixed use (MU) district is intended to allow for office, retail, commercial and residential uses to be combined in a single development. The neighborhood plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. Zoning changes should promote the policy of locating retail and more intensive zoning near the intersections of arterial roadways or at the intersections of arterials and major collectors. 1. 2. 3 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 4 Staff supports the Applicant’s request based on the presence of supporting office and commercial developments within and in proximity to the property, and vehicular access to two arterial streets. If Austin is to grow and evolve as a compact and connected city, as envisioned in the adopted Imagine Austin Comprehensive Plan (IACP), then development that provides additional housing units is necessary. One of the primary mechanisms for achieving compact growth will be development, or redevelopment, of larger sized properties such as this into higher density residential. In the broader city-wide context, adding a –MU overlay to office and commercial base zoning districts is a reasonable option for multiple-acre parcels developed or redeveloped for office / commercial / residential purposes. In conclusion, Staff believes the proposed GR-MU-NP and CS-1-MU-NP zonings and multifamily development is compatible with adjacent and nearby commercial and apartment developments. The proposed amendment to the Restrictive Covenant is acceptable given that the proposed multifamily development on the Property will occur under the terms of the related Project Consent Agreement. EXISTING ZONING AND LAND USES: Site ZONING GR-NP; CS-1-NP North DR; RR LAND USES Offices, financial services, retail, restaurant, theater; Undeveloped Undeveloped; Single family residences on large lots South CS-NP; P-NP; MF-2-NP; GO-NP Offices; Undeveloped; Multifamily residences East West GR-NP CS-NP Offices Offices NEIGHBORHOOD PLANNING AREA: Oak Hill Combined (West Oak Hill) TIA: Is not required WATERSHED: Williamson Creek – Barton Springs Zone – Contributing Zone CAPITOL VIEW CORRIDOR: No SCHOOLS: Oak Hill Elementary School NEIGHBORHOOD ORGANIZATIONS: 298 – Oak Hill Association of Neighborhoods 742 – Austin Independent School District 605 – City of Rollingwood Small Middle School SCENIC ROADWAY: Yes, Southwest Parkway (Low Intensity) Austin High School 4 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 5 779 – Oak Hill Neighborhood Plan – COA Liaison 943 – Save Our Springs Alliance 1166 – Oak Hill Neighborhood Plan Contact Team 1228 – Sierra Group, Austin Regional Group 1318 – Covered Bridge Property Owners Association, Inc. 1470 – Aviara HOA 1530 – Friends of Austin Neighborhoods 1596 – TNR BCP – Travis County Natural Resources 1616 – Neighborhood Empowerment Foundation 1714 – East Oak Hill Neighborhood Association AREA CASE HISTORIES: 1363 – SEL Texas 1528 – Bike Austin COMMISSION CITY COUNCIL To Grant MF-2 Apvd MF-2 (08-16-1990). REQUEST MF-1 to MF-2 for Tract C (25.31 acres) NUMBER C14-87-145 – W William Cannon Dr at Southwest Pkwy – Lantana (10 residential tracts on 229.49 acres) RELATED CASES: On August 14, 1986, GR district zoning was approved for the subject property (C14-85- 288.8). The rezoning area is all of Lot 3, Block P, Lantana Phase 1, Section 1, a subdivision recorded on May 11, 2000 (C8-84-102.03.1A). An administrative site plan which coincides with the rezoning area boundary was approved on April 30, 2015 (SP-2014-0262C – Lantana Block P, Lot 3 – expiration April 30, 2022). The permit issued on April 30, 2015 is for a 4-story professional office building, a 3-story medical office building, a 70,000 square foot hotel, a 46,000 square foot theater, and five buildings containing financial services, retail, and restaurant uses. The Floor-to-Area ratio shown on the approved site plan for the overall property is 0.2 : 1. The area of the approved site plan proposed for multifamily residential is known as Phase 5 and identified for General Office and Medical Office uses. On June 28, 2018, Council approved CS-1-CO-NP zoning for a 0.279 acre) footprint within the property (12,138 square feet – Tract 2). The –CO limits the FAR to 1:1 and prohibits agricultural sales & services, commercial blood plasma center, custom manufacturing, electronic prototype assembly, exterminating services, plant nursery and veterinary services (C14-2018-0005). Please refer to Exhibit E (2018 Rezoning Ordinance – Tract 2). A previous rezoning case for GR-MU-NP was filed in late 2015, but withdrawn prior to Planning Commission consideration (C14-2015-0134). The rezoning area is within the West Oak Hill Neighborhood Planning Area. The property is designated as Mixed Use on the Future Land Use Map, and the proposed rezoning to add the MU overlay does not require a plan amendment. An –NP combining district was added as 5 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 6 part of the Neighborhood Plan Rezonings and was approved by Council in December 2008 (C14-2008-0125 – Ordinance No. 20081211-097). EXISTING STREET CHARACTERISTICS: Name Pavement Classification Sidewalks ROW Bicycle Route Capital Metro West William Cannon Drive Southwest Parkway 140 feet 115 feet Level 4 (Arterial) Level 4 (Arterial) (with median) (with median) 120 feet 95 feet Yes Yes (within ¼ mile) No Yes, Shared lane Yes, wide shoulder No According to the Austin 2014 Bicycle Plan approved by Austin City Council in November, 2014, a protected bike lane is required for Southwest Parkway and William Cannon Drive. The Corridor Planning Office (CPO) plans to build the above-referenced protected bike lane for all ages and abilities. OTHER STAFF COMMENTS: Comprehensive Planning This property is located on the southwest corner of Southwest Parkway and W. William Cannon Drive on a property that is approximately 35.67 acres in size but this case only concerns a portion of the property that is not planned for commercial and office development. The case is also located within the boundaries of the Oak Hill Combined Neighborhood Planning Area. Surrounding land uses includes undeveloped land to the north; undeveloped land and a large apartment complex to the south; undeveloped land and AMD to the east; and undeveloped land and a large office complex to the west. This project is part of Lantana Place, which is a planned retail and mixed use development. The proposed use is a 600 unit multifamily apartment complex on the undeveloped south portion of the site. The plans as per the developer: Connectivity and Mobility: Since last year, public sidewalks have been installed along this portion of Southwest Parkway, and public sidewalks and CapMetro transit stop are preexisting along William Cannon Drive. The Walkscore for this site is 3/100, Car Dependent, meaning most errands require a car. Southwest Parkway is a busy auto-centric roadway but this area is gradually adding in pedestrian infrastructure. This portion of William Cannon also acts as a minor highway and the mobility and connectivity options offered currently offer this area are above average compared to other properties along Southwest Parkway because of the new public sidewalks and nearby Cap Metro transit stop. Oak Hill Combined Neighborhood Plan (OHCNP) 6 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 7 The Oak Hill Combined Neighborhood Plan Future Land Use Map (FLUM) designates this portion of Southwest Parkway as ‘Mixed Use’ which is intended for a mix of office, retail, and residential uses. Zones GR-MU and CS-1 are permitted under this FLUM category. The following text, goals, objectives and recommendations are taken from the OHCNP and are relevant to this case: Goal 6.A. Provide opportunities for high-quality new development and redevelopment. (p 66) Objective 6A.1: Ensure quality of new construction and renovations. (p 66) Goal 6.C: Create a mix of uses in existing corridors of commercial development that will provide a diversity of local services convenient to neighborhoods and establish commercial “nodes” (concentrated) (p 67) OHCNP Text (p. 79) Southwest Parkway presents its own set of unique challenges when making land use recommendations. Within the planning area, a large portion of the road is already covered by restrictive covenants or conditional overlays or is outside of the City’s zoning jurisdiction. Most of the land use recommendations pertain to property located on the south side of the roadway. · William Cannon Drive at Southwest Parkway — Mixed Use is recommended for this area because it is surrounded by a mix of offices and multifamily buildings. With access to both Southwest Parkway and William Cannon, this area is appropriate for a mix of office, retail, and residential uses. Additionally, current residences and offices in the surrounding area could be served by community-level retail here. (p 79) Conclusion: The Oak Hill Combined Neighborhood Plan’s FLUM and policies and text appears to support a mix of office, commercial, and residential uses in this portion of the planning area. Imagine Austin While this portion of Southwest Parkway and William Cannon are not situated along an Activity Corridor or Center, this area is developing into a regional commercial/mixed use node, which includes multifamily, large office complexes and commercial uses that are situated along a highly traveled thoroughfare. The following Imagine Austin Comprehensive Plan policies are applicable to this case: • LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit, are designed to encourage walking and bicycling, and reduce healthcare, housing and transportation costs. • HN P1. Distribute a variety of housing types throughout the City to expand the choices able to meet the financial and lifestyle needs of Austin’s diverse population. Based on existing and developing commercial, multifamily, mixed use and office development being built in the area, and the project support the text and policies of the OHCNP, this project appears to support the Imagine Austin Comprehensive Plan. 7 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 8 8 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 9 Environmental This site is located over the Edwards Aquifer Contributing Zone. The site is in the Williamson Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. It is in the Drinking Water Protection Zone. According to floodplain maps there is no floodplain within the rezoning area. Stormwater flows to a water quality pond near the southeast property line. Impervious Cover Development of the property is subject to the terms of a Settlement Agreement between the City and Stratus Properties Inc. dated July 10, 2001 and allows for up to 60% net site area (32.234 acres). The amount of impervious cover shown on the approved site plan is 17.45 acres (54.14%), again, based on a net site area of 32.234 acres. Rezoning will not result in an increase in the amount of impervious cover. Site Plan and Compatibility Standards 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 located 540 feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. Any new development is subject to Subchapter E. Design Standards and Mixed Use. FYI – A conditional use permit for the cocktail lounge is required prior to establishing the use. For a site development permit the following rules may be applicable: This 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. 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 be left in a natural state. The allowable height is as follows: Within 200 feet of Southwest Parkway the maximum height is 28 feet, and beyond 200 feet the maximum height is the lesser of the height permitted by the zoning or the site plan approved for the property; or 60 feet. 9 of 51B-02C14-2019-0003 / C14-85-288.8(RCA5) Page 10 Transportation The site is subject to the approved traffic impact analysis (TIA) with site plan case SP-2014- 0262C. A TIA Waiver letter from a Certified Engineer (Traffic Engineer) was provided and shows the approved trips and land uses, how many trips have been used, how many trips are left, etc. The TIA will need to be amended with the update to the site plan application. Austin Water Utility FYI: 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, water or wastewater easements, utility relocations and or abandonments required by the proposed land use. Depending on the development plans submitted, water and or wastewater service extension requests may be required. Water and wastewater utility plans must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. 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 fees once the landowner makes an application for Austin Water utility tap permits. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map A-1: Aerial Map B: Recorded Plat C: Approved Site Plan D: 1986 Restrictive Covenant and 1987 Modification of Restrictive Covenant E: 2018 Rezoning Ordinance (Tract 2) Questions and Answers 10 of 51B-02DR RR 92-0116 DR SP92-246C SO UTHW EST PKWY ! ! ! ! ! ! I M R A D O R D R ! ! ! ! ! ! ! ! TRACT 2 ! ! ! ! ! ! ! ! 92-0142 ! ! ! ! ! CS-1-CO-NP ! ! ! ! ! C14-2018-0005 ! ! ! ! ! ! ! ! FAST FOOD FAST FOOD GO 92-0116 RESTURANT TEC O M A CIR GO 85-288 RC SP06-0757C 92-0142 SP-06-0061CS CS-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! R D N O N N A C M A I I L L W W ! ! ! ! ! ! ! ! ! ! TRACT 1 GR-NP UNDEV ! ! ! ! NPA-2016-0025.02 ! ! ! ! ! ! ! RIA LT O B L V D MF-2-NP UNDEV SF-2-NP 92-0142 ! ! ! ! ! ! 92-0142 P-NP UNDEV 94-0145 85-288.8 SPC-92-0286 92-0142 P-NP CMP88-0011 SP89-0045C GO-NP 87-145 R A D T VIS A R R E T GR-NP C14-2008-0129 M E N L E R D R SF-2-NP ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING Exhibit A ZONING CASE#: C14-2019-0003 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. GO-NP C14-85-288.8(RCT) C14-2016-0011 ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! Created: 1/9/2019 ! ! 11 of 51B-0218 19 20 DR 21 3 1 2 RR I M R A D O R D R SOUTHWEST PKWY 4 DR 1 6 CS-NP 2 RIA LT 9 O B LV D 10 MF-2-NP GO CS-1-CO-NP C14-2018-0005 TRACT 2 S O U T H W M A CIR TEC O GO E S T P K W Y C21 3 GR-NP TRACT 1 C14-2019-0003 M R N D LIA IL O W W N N A C 5 1 GR-NP 8 P-NP 4 19 20 21 10 22 23 32 31 24 25 M E N 30 36 29 L E 26 R D SF-2-NP 26 23 25 R 27 28 27 35 29 30 31 32 33 34 R TA D VIS A R R E T SF-6-NP SF-2-NP 10 P-NP GO-NP RIALTO BLVD GO-NP 6 Copyright nearmap 2015 9B 7 ± 1'' = 400' SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY CREEK BUFFER LANTANA BLOCK P, LOT 3 Exhibit A - 1 ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2019-0003 7415 SOUTHWEST PARKWAY. 35.67 ACRES C21 WENDY RHOADES This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 12 of 51B-0213 of 51B-0214 of 51B-0215 of 51B-0216 of 51B-0217 of 51B-0218 of 51B-0219 of 51B-0220 of 51B-02ORDINANCE NO. 20180628-105 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 7415 SOUTHWEST PARKWAY IN THE WEST OAK HILL NEIGHBORHOOD PLAN AREA FROM COMMUNITY COMMERCIAL- NEIGHBORHOOD PLAN (GR-NP) COMBINING DISTRICT TO COMMERCIAL LIQUOR SALES-CONDITIONAL OVERLAY-NEIGHBORHOOD PLAN (CS-1- CO-NP) COMBINING DISTRICT. BE IT ORDAINED 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 community commercial-neighborhood plan (GR-NP) combining district to commercial liquor sales-conditional overlay-neighborhood plan (CS- 1-CO-NP) combining district on the property described in Zoning Case No. C14-2018- 0005, on file at the Planning and Zoning Department, as follows: 0.279 of an acre (12,138 square feet) of land situated in the John D. McAllister Survey No. 71, Abstract No. 561, in Travis County, Texas, being out of Lot 3, Block P, Lantana Phase 1, Section 2, a subdivision whose plat is recorded in Document No. 200000150 of the Official Public Records of Travis County, Texas, and also out of Retail Unit A-2, Declaration of Condominium Regime for Lantana Place, as recorded in Document No. 2017067525 of the said Official Public Records, said 0.279 acre tract more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance (the "Property"), locally known as 7415 Southwest Parkway in the City of Austin, Travis County, Texas, generally identified in the map attached as Exhibit "B". PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: A. The following uses are prohibited uses for the Property: Agricultural sales and services Custom manufacturing Exterminating services Veterinary services Commercial blood plasma center Electronic prototype assembly Plant nursery Outdoor entertainment B. Maximum floor-to-area ratio (F.A.R.) shall be 1 to 1. Page 1 of 2 Exhibit E - 2018 Ordinance (Tract 2) 21 of 51B-02C. The maximum height of a building or structure on the Property shall be limited to one story and may not exceed 28 feet. PART 3. Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the commercial liquor sales (CS-1) district and other applicable requirements of the City Code. PART 4. The Property is subject to Ordinance No. 20081211-097 that established zoning for the West Oak Hill Neighborhood Plan. PART 5. This ordinance takes effect on July 9', 2018 PASSED AND APPROVED June 28 ., 2018 APPROVED: ATTES Anne L. Morgan City Attorney Jannette S. Goodall City Clerk Page 2 of 2 22 of 51B-02Zoning Zoning Case: G14-2018-0005 Exhibit B N l / X /l SUBJECT TRACT ^ ' I PENDING CASE ZONING BOUNDARY L - A 1 " = 200 This product Is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 23 of 51B-0224 of 51B-0225 of 51B-0226 of 51B-0227 of 51B-02 M E M O R A N D U M Fayez Kazi, Chair and Members of the Planning Commission           TO: FROM: Andrew Linseisen, Assistant Director Development Services Department DATE: April 27, 2020   SUBJECT: Project Consent Agreement Lantana Block P, Lot 3 (SP-2014-0262C) Backup and Staff Recommendation As provided in Section 25-1-544 of the City of Austin Land Development Code, the developer of the Lantana Development on Lot 3 and 5, Block P of the Lantana Phase 1, Section 2 Subdivision has requested consideration of a Project Consent Agreement (PCA). The proposed PCA will allow the development to add a residential use to the existing approved site development permit. A PCA is a voluntary mechanism for determining applicable regulations where the extent of a project’s vested development rights are unclear or for incentivizing projects with clearly established vested rights to achieve greater compliance with current regulations. In such cases, a PCA provides a means for the Council to modify development regulations applicable to a property. The Lantana Block P, Lot 3 project is located at 7415 Southwest Parkway which was approved for a commercial and office development under Site Development Permit No SP-2014-0262C. Phases 1, 2, and 3 of the existing development have been constructed and Phase 4 is currently under construction. The Planning Commission approved a request to extend the life of the application to April 30, 2022, on June 25, 2019. The proposed PCA will apply only to the currently unconstructed Phase 5 of the project modifying the project to include a residential use. A summary of the major tenants of the proposed PCA are outlined below:  No additional impervious will be added to Phase 5, the overall impervious cover in the entire development will be fixed at 17.6 acres.  6.326 acres known as Lot 8, Block P, of the Lantana Phase 1, Section 2 Subdivision will be dedicated to the City of Austin.  3.098 acres of Lot 8 will remain natural area with any development limited to pedestrian trails so that the entire site, all phases, maintain 40% natural area;  3.228 acres will be utilized for City of Austin Public Park amenities;  Lot 8 will be dedicated to the City within six months of the effective date of the PCA;  Extension of the life of Phase 5 of the Lantana Block P, Lot 3 Site Development Permit (SP-2014-0262C) by two years to April 30, 2024; 28 of 51B-02 To achieve 25% net site area impervious cover for Phase 5 of the existing plan as recommended by the Environmental Commission, the applicant has agreed to dedicate additional land to the City of Austin prior to release of a site development permit for the mixed use project. To achieve the required 25% net site area impervious cover, the applicant proposes to dedicate land that contains approximately 2 acres of additional net site area (as defined in the current site plan). The land will be located in the Barton Springs Zone and the City of Austin shall approve of the parcel prior to acceptance of the dedication.  The addition of the residential mixed use will not increase traffic based on the density information provided with the proposed zoning case (C14-2019-0003); Attached to this memorandum are copies of the Environmental Commission Recommendation (Motion 20200304 006a) approved at the March 4, 2020 meeting and a copy of the staff backup report from the Environmental Commission meeting on March 4, 2020, prepared by Atha Phillips with Watershed Protection Department. These exhibits provide additional specifics related to the overall environmental compliance proposed with the proposed PCA. The applicant has filed a zoning change request under case number C14-2019-0003 to add a Mixed Use (MU) overlay to the existing GR-NP zoning that will allow the addition of a multi-family residential use to the existing project. The applicant has also sought to amend a restrictive covenant that limits the amount of square footage, which staff also supports since the total impervious cover will be limited through the PCA. The zoning case and amendment to the restrictive covenant have been scheduled for Council consideration at the May 7, 2020, meeting which will allow Council consideration of the proposed PCA, the zoning, and the restrictive covenant amendment at the same meeting. After consideration of the proposed terms of the Project Consent Agreement, staff recommends that the Planning Commission make a recommendation to Council in support of approval of the PCA as presented. cc: Chris Herrington, Watershed Protection Department Erika Lopez, City of Austin Law Department 29 of 51B-02 ENVIRONMENTAL COMMISSION MOTION 20200304 006a Date: March 4, 2020 Subject: Lantana Project Consent Agreement Motion by: Kevin Ramberg Seconded by: Peggy Maceo RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting the Commission consider a Project Consent Agreement waiving provisions of City Code Chapters 25-7 (Drainage) and 25-8 (Environment), including Chapter 25-8, Article 13 (Save Our Springs Initiative), to allow construction of a mixed-use residential project at located at 7415 Southwest Parkway in the East Oak Hill Neighborhood Planning Area; WHEREAS, the Environmental Commission recognizes this action concerns land located in the Barton Springs Zone; and WHEREAS, the Environmental Commission recognizes that City of Austin staff recommend approval of the variance requests with conditions. Therefore, the Environmental Commission recommends approval of the requested project consent agreement (PCA) to allow for the construction of a mixed-use development with a residential component with the following; Staff Conditions: 1. applicant shall provide additional acreage of 3.098 acres to meet the Hill Country Roadway requirement of 40% undisturbed natural area per 25-2-1025 and development on this lot will be restricted to only allow trails; 2. impervious cover for the project will be capped at 17.5 acres (49% of current site plan SP-2014- 0262C(XT2)); and the following Environmental Commission Conditions: 1. Phase 5 will develop within 25% impervious cover on a net site area; 2. dedicate 6.32-acre Tract 1 as additional lands to meet impervious cover needs; 3. dedicate necessary acreage of Tract 2 as additional lands for the Phase 5 development to not exceed 25% impervious cover Net Site Area on; and 4. pursue use of rain garden in Phase 5 as allowable under TCEQ Edwards Rules. 1 30 of 51B-02 VOTE 6-0 Approved By: For: Bedford, Thompson, Ramberg, Guerrero, Coyne, and Maceo Against: None Abstain: None Recuse: None Absent: Creel, Smith, Nill, Neely, Gordon Linda Guerrero, Environmental Commission Chair 2 31 of 51B-02ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: NAME & NUMBER OF PROJECT: February 19, 2020 Lantana PCA NAME OF APPLICANT OR ORGANIZATION: Michael Whellan Armbrust & Brown, PLLC LOCATION: 7415 Southwest Parkway COUNCIL DISTRICT: 8 ENVIRONMENTAL REVIEW STAFF Atha Phillips, Environmental Officer’s Office (512)974-2132, atha.phillips@austintexas.gov WATERSHED: REQUEST: STAFF RECOMMENDATION: RECOMMENDED CONDITIONS: Williamson Creek Watershed, Barton Springs Zone, Drinking Water Protection Zone Consider a Project Consent Agreement waiving provisions of City Code Chapters 25-7 (Drainage) and 25-8 (Environment), including Chapter 25-8, Article 13 (Save Our Springs Initiative), to allow construction of a mixed-use residential project located at 7415 Southwest Parkway in the East Oak Hill Neighborhood Planning Area. This action concerns land located in the Barton Springs Zone. Staff recommended with conditions. 1. Applicant will provide additional acreage of 3.098 acres to meet the Hill Country Roadway requirement of 40% undisturbed natural area per 25-2-1025 and development on this lot will be restricted to only allow trails. 2. Impervious cover for the project will be capped at 17.5 acres (49% of current site plan SP-2014-0262C(XT2)). 32 of 51B-02Project Consent Agreement Lantana (PCA) Briefing to the Environmental Commission Atha Phillips Environmental Officer’s Office February 19, 2020 33 of 51B-02What is a PCA? • PCA = Project Consent Agreement • PCAs are part of the 245 process detailed in 25-1-544 • PCAs are considered when the extent of a project’s vested rights are unclear and for incentivizing projects with clearly established vested rights to achieve greater compliance with current regulations • The 245 process lives within the Development Services Department • DSD has determined that this project is a candidate for a PCA 34 of 51B-02Site Data: • Williamson Creek Watershed • Barton Springs Zone (SOS Applies) • Drinking Water Protection Zone • Contributing Zone of the Edwards Aquifer • Full-Purpose • Existing approved site plan (SP-2014-0262C(XT2)) • Existing project has vested rights under 245 • Existing site plan wants to change zoning from Office to Mixed Use • Mixed Use would allow for multi-family use • Existing Preliminary Plan referenced within the vesting documents limits multi-family 35 of 51B-02Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone 36 of 51B-02Hwy 290 West Site Location 37 of 51B-02Barton Creek Watershed Williamson Creek Watershed Watershed Boundary Site Location 38 of 51B-02Site Location 39 of 51B-02Site Location 40 of 51B-02Current Code Amendments: Modification to 25-8 Environmental: 1. 25-8-301 Restricts driveways of slopes greater than 15% • Project shall not exceed 65% impervious cover on slopes 10-20%, nor 25% on slopes greater than 20% 25-8-302 Restricts building on certain slopes • Project shall not exceed 65% impervious cover on slopes 10-20%, nor 25% on slopes greater than 20% 25-8-341 Cut requirements-Allows up to 4’ of cut • Project is allowed 12’ 25-8-342 Fill requirements-Allows up to 4’ of fill • Project is allowed 12’ 2. 3. 4. Save Our Springs(SOS) Amendment: 1. Impervious cover over the allowable amount of 25% NSA • Project is allowed up to 60% 2. SOS water quality • Project has existing sedimentation/filtration pond that does not meet the non-degradation requirement outlined in SOS 41 of 51B-02Tract 1 6.326 acres 42 of 51B-023.098 acres towards 40% Natural Area Development within this area will be restricted to trails 43 of 51B-02Staff Recommendation Recommendation: Recommended with conditions 1. Impervious cover will be capped at 17.5 acres (49% of current site plan SP-2014-0262C(XT2)) 2. Applicant will provide additional acreage of 3.098 acres to meet the Hill Country Roadway requirement of 40% undisturbed natural area per 25-2-1025 and development within this are will be restricted to only allow trails 44 of 51B-02Questions? Contact Information: Atha Phillips Environmental Officer’s Office (512) 974-2132 Atha.Phillips@austintexas.gov 45 of 51B-0246 of 51B-02 February 18, 2020 Melissa Neslund Development Manager Stratus Properties 212 Lavaca St, Ste. 300 Austin, TX 78701 Re: Project Consent Agreement & SOS Amendment for 7415 Southwest Parkway Ms. Neslund, Thank you very much for continuing to speak with us regarding your proposed project at 7415 Southwest Parkway, which is part of the overall development otherwise known as “Lantana.” As I’m sure you can imagine, given the history of this site and the request for an amendment to the Save Our Springs Initiative Ordinance (“SOS Ordinance”), it has generated quite a bit of conversation at the Save Our Springs (“SOS”). We appreciate that Stratus has continually demonstrated a willingness to engage in dialogue surrounding their projects and their willingness to incorporate community benefits into their projects. This letter is intended to continue that dialogue so that we can help reach a reasonable resolution to allow the project to occur, while still furthering the City of Austin’s and SOS’s missions to improve the overall water quality of the Barton Springs Zone and the Edwards Aquifer. History and Dialogue re: Lantana Project To help explain how we got to our current position, we thought it would be helpful to provide some context with a brief description of key facts. As you are aware, the Lantana Letter Agreement arose out of a dispute over vested rights alleged to be applicable to a 1986 preliminary plan. This Letter Agreement (which was never approved by the City Council) has been interpreted by the City to grandfather projects in the area to pre-SOS Ordinance regulations, which has enabled Stratus (and other landowners to which Stratus sold land) to develop much of the land without SOS-water quality ponds and well over the impervious cover limits established to protect water quality. SOS has continually questioned the validity of the Letter Agreement and has advocated for projects within the area to be developed under current environmental regulations. Last summer, the site plan approved for 7415 Southwest Parkway was set to expire by its own terms. As a result, Stratus requested an extension from the Planning Commission. SOS raised objections to this site plan extension, because we received notice that Stratus intended to change the proposed use of Phase 5 of the site plan from “office” to “multi-family”. A “change of use” such as the one envisioned would typically be an indication that there is a new project under normal circumstances for vested rights determinations, and thus, the new project would be subject to current code. SOS met with Stratus, and after some conversation about potential improvements that could be made for water quality and reductions in impervious cover, SOS withdrew its objection to the site plan extension. Because the “change of use” is indeed a new project, Stratus has now requested a project consent agreement, which is a tool adopted in the City Code for “determining applicable regulations where the extent of a project’s vested rights are unclear and for incentivizing projects with clearly 47 of 51B-02established vested rights to achieve greater compliance with current regulations.” In October of last year, SOS met with Stratus again. Stratus explained that it could not make improvements to the water quality pond and that it did not intend to reduce the impervious cover of the multi-family project itself. Because the proposal represented no real positive benefit for the environment, SOS explained that we could not support the proposal but were open to continued dialogue and would not outright oppose it from the start. We also explained that we had many questions regarding the overall status of the Letter Agreement and whether development limitations might apply to land Stratus considered adding to its site plan as mitigation. Problem: Lack of Tracking of Impervious Cover Entitlements After looking further into the Lantana Project, SOS raised a problem to Stratus and the City of Austin that neither entity is tracking the ongoing entitlements that have been used pursuant to the Letter Agreement. The Letter Agreement establishes aggregate development entitlements applicable to multiple properties with the subject area, intended to limit the impact of the overall development on water quality. However, unless these entitlements are actively tracked and reviewed, there is no way to know whether the aggregate caps have been exceeded. This is not meant to point fingers; rather, it is highlighting a serious concern that we have raised with several development agreements. In January 2020, SOS consulted with Susan Scallon, who recently retired from the City of Austin, as its Chapter 245 coordinator, to help look into status of the Lantana Project and assess the extent to which its impervious cover entitlements have been used under the Letter Agreement. Based on Susan’s research and our own legal review of the Letter Agreement, we still have some significant concerns. Impervious Cover Entitlements – Used up? The letter between the City of Austin and Stratus, dated July 10, 2001, which is the most recent and controlling document for the Letter Agreement, includes two important aggregated maximums for impervious cover entitlements applicable to the Lantana Project: “For commercial tracts, the calculated impervious cover shall not exceed forty (40) percent of net site area in the uplands zone, exclusive of adjacent right-of-way impervious cover within the Williamson Creek Watershed.”; and “For the portion of Lantana Southwest Preliminary Plan (C8-84-102.03) covered by this document, the calculated impervious cover shall not exceed twenty-five (25) percent of net site area in the uplands zone.” (emphasis added) Stratus has previously argued that these aggregate maximums are inapplicable to the subject property. We disagree. While we acknowledge that the letter is horribly written and should never have been treated as a controlling document for land development regulations, those decisions were made long ago. The subject line of the document and the introductory paragraph make it very clear that the 2001 letter is applicable to the entire Lantana project. It has also been suggested that exclusions provided in the first sentence of item 1 excluded the application of these impervious cover limits to certain sites, but such a reading would be illogical; under such an interpretation, the 40% NSA cap would only apply to a single property. More fundamentally, it is evident by the use of the phrase “covered by this document” (underlined above) that the aggregate impervious cover limit was meant to apply to entirety of the preliminary plan, not just a subset. 48 of 51B-02The subject property (7415 Southwest Parkway) was subdivided out of the referenced preliminary plan, C8-84-102.03. However, even if the subject property were excluded from analysis, the total amount of impervious cover laid in the area would already exceed the 25% NSA maximum. Below is a table listing the site plans and subdivisions that have been approved from the lots shown on C8-84- 102.03 (excluding the entirety of C8-84-102.03.1A, which is the applicable subdivision for the subject property), along with their respective impervious cover entitlements used. As you will see, the total impervious cover used totals an estimated 57.77 acres out of a possible ~186 acres of net site area. This amount of impervious cover represents, at a minimum, 30.97% net site area made impervious. Case Number SP-00-2484C C8-84-102.03.3A- GSA 13.4 NSA 13.4** Used 5.62 NSA IC% 41.94% 6A* 142.079 137 47.76 C8-84-102.03.2A SP-2014-0317 SP-2014-0071C SP-2015-0571C SP-2013-0111C 69.05 7.416 6.074 9.107 7.33 21.007 7 6.074** 8.47 7 0 0 2.96 4.15 2.9 241.056 186.551 57.77 34.86% 0.00% 0.00% 48.73% 49.00% 41.43% 30.97% GSA IC% 41.94% 33.62% 0.00% 0.00% 48.73% 45.57% 39.56% 23.97% *A full accounting of net site area transfers is provided on C8-84-102.03.6A. The impervious cover data came from the Watershed Department. ** Because two site plans (highlighted in yellow) were inexplicably approved using Gross Site Area calculations and do not detail the total Net Site Area, the more conservative Gross Site Area figure was used. This results in a more generous estimate of the total amount of net site area paved. If Net Site Area calculations were provided for these site plans, the 30.97% figure would be much higher. Even without including the subject property included, the impervious cover total exceeds what was allowed by 25% cap within the Letter Agreement by over 11 acres of pavement. If the subdivision for the subject property were included, as well, the overall impervious cover used skyrockets. Each of the site plans approved on land subdivide by C8-84-102.03-1A exceeds 25% NSA: (i) SP-06-0757C uses 25.92% NSA; (ii) SP-00-2416C uses 35.19% NSA; (iii) and SP-2014-0262C uses 54.12% NSA. We also believe the 40% NSA has been exceeded, as well. However, because the 40% NSA impervious cover cap applies only to the Williamson Creek watershed and some of the applicable site plans were approved under Gross Site Area calculations, not Net Site Area, it is much more difficult for us to provide an accurate assessment of the status the impervious cover used as it relates to that maximum. We would encourage the City of Austin to do a proper impervious cover survey for both impervious cover caps. 49 of 51B-02Concerns about PCA Proposal By raising the history of the Letter Agreement and the figures we have regarding the status of the impervious cover entitlements already used, we attempt to highlight our underlying concerns with the proposed Project Consent Agreement and related SOS Ordinance amendment. While we appreciate that Stratus has identified land to mitigate the increase in its impervious cover resulting from the proposed project, we are concerned that the land identified does not actually result in any impervious cover “savings”. Assuming, from our perspective, that the impervious cover aggregate caps apply to this land, the result would simply be shifting permissible impervious cover from one site to another within the applicable area. And, that may be impervious cover that already exceeds what has been agreed to. Furthermore, even if one ignores our concerns and the impervious cover maximums are inapplicable, the Comprehensive Watersheds Ordinance (CWO) would apply. Under the CWO, multi- family is restricted to 40% NSA, unlike the approved office use, which would have been permitted to use 60% NSA. By our calculations, the shift in use reduces the total allotted impervious cover on the site by approximately 2 acres to 17.66 acres of impervious cover permissible. This is essentially what is proposed by the Project Consent Agreement, and thus results in no “greater compliance with environmental regulations” as required by the PCA code. The City of Austin would gain nothing from the approval of this Project Consent Agreement that would not have already been required. SOS Recommendation In the spirit of compromise and to seek a resolution that would benefit both Stratus and water quality, SOS would like to make the following recommendations, and if agreed to by the application, would result in our support for the project: 1. Stratus has offered to dedicate ~3 acres of land (in addition to the 3 acres required for HCRO compliance) as parkland, near the southeastern edge of the development. Because this is land subject to the overall aggregate impervious cover maximums, we do not see an immediate benefit for water quality. Instead, we would propose that an equivalent amount of “net site area” (e.g. 3 acres) be preserved out of Lot 1, Block 1, which is located to the north of the project on Southwest Parkway and is also owned by Stratus. This land is located in the Barton Creek watershed and would be a higher priority (in our perspective) for land conservation. (Or, alternatively, Stratus could agree to develop the entirety of that lot subject to current environmental regulations/SOS Ordinance (e.g., SOS water quality ponds and 20% impervious cover NSA); AND 2. Prior to the approval of any more permits approved under the Letter Agreement, an impervious cover survey should be performed by the City of Austin to assess the status of the agreement and any remaining aggregate impervious cover amounts remaining. To the extent the impervious cover entitlements have been exceeded, appropriate mitigation methods should be pursued; AND 3. Any development of parkland within the area should be done in accordance with the SOS Ordinance. Again, we thank you tremendously for the continued dialogue, and we hope that these recommendations might provide a way forward that will allow you to continue to proceed with your 50 of 51B-02multi-family project. If you have any questions or want to meet in person to discuss further, please do not hesitate to give us a call. Best regards, /s/ Bobby Levinski Bobby Levinski Attorney, Save Our Springs Alliance 512-636-7649 (mobile) bobby@sosalliance.org CC: Michael Whellan, Attorney for Stratus Atha Phillips, Environmental Program Coordinator, City of Austin Susan Scallon, Environmental Officer, Save Our Springs Alliance Mark Littlefield, Littlefield Consulting 51 of 51B-02