B-09 (C8-2020-0160.0A - Sand Beach Overlook Subdivision; District 9).pdf — original pdf

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SUBDIVISION REVIEW SHEET CASE NO.: C8-2020-0160.0A COMMISSION DATE: April 27, 2021 SUBDIVISION NAME: Sand Beach Overlook Subdivision ADDRESS: 1505 W 3rd Street APPLICANT: Steve Ogden AGENT: LandDev (Nick Brown) ZONING: LI-CO-NP NEIGHBORHOOD PLAN: Old West Austin AREA: 0.947 acres (41,251 sf) LOTS: 1 COUNTY: Travis DISTRICT: 9 WATERSHED: Lady Bird Lake JURISDICTION: Full Purpose SIDEWALKS: Sidewalks will be constructed on site. VARIANCES: A variance from LDC § 25-4-171, which requires each lot in a subdivision abut a dedicated public street. DEPARTMENT COMMENTS: The request is for the approval of Sand Beach Overlook Subdivision, consisting of one lot on 0.947 acres, and a variance from LDC § 25-4-171, which requires each lot in a subdivision abut a dedicated public street. Staff supports approval of the variance; however, additional information is required for the plat. Because of this, staff recommends both items be disapproved for the reasons listed in the staff report. The applicant’s variance request is attached as Exhibit D. Austin Transportation Department’s (ATD) support for the variance request is attached as Exhibit E. The plat does not comply with the criteria for approval in LDC 25-4-84(B) and staff recommends disapproval for the reasons listed in the attached comment report. An application that has been disapproved with reasons may be updated to address those reasons until the application expires. If the applicant submits an update to address the reasons for disapproval, that update will be presented to the Land Use Commission within fifteen days of submittal. STAFF RECOMMENDATION: Staff recommends disapproval of the plat and variance for the reasons listed in the comment report dated April 22, 2021, and attached as Exhibit C. CASE MANAGER: Jennifer Bennett-Reumuth PHONE: 512-974-9002 E-mail: jennifer.bennett-reumuth@austintexas.gov ATTACHMENTS Exhibit A: Vicinity map Exhibit B: Proposed plat Exhibit C: Comment report dated April 22, 2021 Exhibit D: LDC § 25-4-171 variance request from applicant Exhibit E: ATD staff support for LDC § 25-4-171 variance request 1 of 43B-9N56°24'31"W 1.32' (N54°44'W 1.30') BM #2 L30 L19 8 2 L 4.73' W. 5TH STREET S65°42'15"E 98.10' 93.37' L29 1908 7 2 L R E T N E K C E E R C N 7 7 ° 0 0 ' 4 7 " E 1 4 2 . 9 6 ' ( N 7 9 ° 3 5 ' E 1 4 2 . 7 5 ' ) S65°44'13"E 62.34' (S63°10'E 62.25') 3/8" L13 5/8" MWM S66°15'13"E 192.18' (S63°41'E 191.90') L12 C2 S65°12'13"E 48.27' (S62°38'E 48.20') N65°35'15"W 409.53' (N63°13'W) 6' E T I E 3 .5 C 2 N 1 " W 3 E R 8'2 E F 4 ° 4 E 5 R S 4 1 L 1 1 L T E E R T L S U A P N65°35'15"W 394.93' 1 2 L BM #3 3/8" L9 3 L L2 L17 S22°23'08"W 112.00' (S25°01'W 116.20') 1"E 3'5 5' 0.4 1 ° 2 1 2 1 N 5/8" N22°13'51"E 2.11' SITE LOCATION FEMA ZONE AE BASE FLO ELEVATION 443' (PER FEMA MAP 48453C0445J) (100 YEAR FLO DPLAIN) O OD W . C E S A R C H FEMA ZONE AE BASE FLO ELEVATIO (PER FEMA MAP 48453C0445J) (100 YEAR FLO N 443' ODPLAIN) OD A V E Z S T R E E T L18 X X BM #1 L26 T E E R T R S E L S S E R P 6 1 L 5 1 L L4 L5 N65°35'15"W 1875.04' TOTAL SAND BEACH RESERVE LINE (N63°13'W 1875') N65°35'15"W 350.80' 5/8" L23 L1 2 2 L TF 4 2 L L25 6 L 7 L L32 RESERVE ROAD FEMA ZONE AE BASE FLO ELEVATIO (PER FEMA MAP 48453C0445J) N 443' (100 YEAR FLO ODPLAIN) OD N.T.S A L C O N N D D E V GN N I S U L T C3 S08°38'18"W 46.34' S35°18'14"W 40.33' S22°24'58"W 45.30' FEMA ZONE AE BASE FLO ELEVATION 443' (PER FEMA MAP 48453C0445J) (100 YEAR FLO DPLAIN) O OD FEMA ZONE AE BASE FLO ELEVATIO (PER FEMA MAP 48453C0445J) N 443' (100 YEAR FLO ODPLAIN) OD llc consulting, 4201 WEST PARMER LN., SUITE C-100 AUSTIN, TX 78727 ∙ OFFICE: 512.872.6696 FIRM NO. 16384 SAND BEACH OVERLOOK SUBDIVISON SITE LOCATION MAP y a k c m r , M P 6 5 : 1 , 0 2 0 2 , 1 0 r e b o t c O l l , g w d . t a p - n e d g o _ p a m _ n o i t a c o _ e t i s \ s t i b h x E D A C A _ 3 0 \ r e s s e r P 0 0 3 6 0 0 \ i l . 2 0 3 4 0 2 \ s 0 0 0 0 2 \ : Q 2 of 43B-93 of 43B-94 of 43B-9CITY OF AUSTIN –DEVELOPMENT SERVICES DEPARTMENT SUBDIVISION APPLICATION – MASTER COMMENT REPORT CASE NUMBER: UPDATE: CASE MANAGER: C8-2020-0160.0A U0 Jennifer Bennett-Reumuth PHONE #: 512-974-9002 PROJECT NAME: LOCATION: Sand Beach Overlook Subdivision 1505 W 3RD ST SUBMITTAL DATE: March 29, 2021 FINAL REPORT DATE: April 22, 2021 STAFF REPORT: This report includes all staff comments received to date concerning your most recent subdivision application submittal. The comments may include requirements, recommendations, or information. The requirements in this report must be addressed by an updated submittal. The subdivision application will be approved when all requirements from each review discipline have been addressed. If you have any questions, concerns or if you require additional information about this report, please contact your case manager at the phone number listed above or by using the contact information listed for each reviewer in this report. Any change to the plan/plat shall not cause noncompliance with any applicable code or criteria. In addition, any change to the plat may trigger new comments. UPDATE DEADLINE INFORMATION (LDC 25-4-56; 25-4-82): All comments must be addressed by filing an updated submittal prior to the update deadline of June 28, 2021 (all deadlines have been extended by mayoral order to December 31, 2021). Otherwise, the application will expire. If this date falls on a weekend or City of Austin holiday, the next City of Austin workday will be the deadline. Extension of Review Period, Extension of Update Deadline and Tolling of Application Period do not apply to applications for preliminary plan, plat or subdivision construction plans (LDC 25-1-88; 25-1-89; 25-1- 90). UPDATE SUBMITTAL INSTRUCTIONS (LDC 25-1-83): 1. Applicants must make an appointment with Intake Staff (974-1770) in order to submit an update. 2. Your update must include the following items: a. This report b. The revised plat/plan in pdf format c. A letter that addresses each comment in the master comment report 3. Updates must be submitted on an approved submittal date, between the hours of 8:30 am and 4:00 pm. Refer to the submittal calendar for a list of approved submittal dates. REVIEWERS: Planner 1: Cindy Edmond ATD Engineering: Bryan Golden PARD / Planning & Design: Scott Grantham Drainage Engineering: Jay Baker Hydro Geologist: Eric Brown Subdivision: Jennifer Bennett-Reumuth Water Quality: Jay Baker 5 of 43B-9 APPROVED Approved §25-4-155 Site Plan Plumbing - Cory Harmon - 512-974-2882 The proposed final plat (C8-2020-0160.0APA) is approved from a plumbing code perspective. Electric Review - Andrea Katz - 512-322-6957 911 Addressing Review - Jorge Perdomo - 512-974-1620 AD1: This plat review is cleared; however, any changes to street names, street name labels, or street layouts will require a new review. ATD Engineering Review - Bryan Golden - 512-974-2426 ATD 1. ATD recommends approval for a commission granted variance request from LDC 25-4-171. Please note that a variance review fee has been assessed. Drainage Engineering Review - Jay Baker - 512-974-2636 Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. DATE: 4/17/21 ORIGINAL COMMENTS GENERAL COMMENTS FLOODPLAIN ENGINEER’S REPORT Please provide a comment response letter with the update addressing each of the following comments. All engineering representations must be signed by the responsible engineer. Additional comments may be issued as additional information is received. DE 1. Engineer's seal, signature and date required [LDC 25-7-62]. DE 2. GIS indicates that this plat is in the 500 year floodplain. Update the report accordingly. DE 3. There is an off-site drainage area that is being conveyed through the subdivision from the north. Update the report to address this and provide additional hydrologic/hydraulic analysis with delineation of the 100 year WSEL to demonstrate that the proposed drainage easement will contain the 100 yr WSEL. 6 of 43B-9DE 4. This plat is in the Erosion Hazard Zone(EHZ) Boundary. Update the report to provide an EHZ analysis. PLAT NOTES DE 5. Update notes #5 and 7 to not be redundant an to be gender neutral. DE 6. Group notes #5, 7 and 8 together since they all pertain to drainage easements. Environmental Review - Hank Marley - 512-974-2067 No EV Review comments – Hank Marley 4/20/2021 Flood Plain Review - Katina Bohrer - 512-974-3558 Reviewer notes: site is located at far west part of W 3rd St (i.e. railroad tracks). Lot is adjacent to an unstudied tributary to Lady Bird Lake which has more than 64 acres of drainage to it. Concurrent Site Plan: SP-2020-0362C (Name: 300 & 301 Pressler AND 1505 W 3rd St). All floodplain related items will be reviewed with the site plan; be aware that Plat will not be able to be recorded until floodplain location has been determined and appropriate easement has been dedicated by separate instrument or is shown to be dedicated with the plat. Floodplain modeling was reviewed and approved 2/4/2020 as part of the site plan review. NOTE TO FLOODPLAIN REVIEWER and APPLICANT: applicant’s engineer has requested and been granted the ability to determine the location of the floodplain and subsequently the required easement via the site plan application. At Platting process, if the floodplain extents and subsequent easement have still not been determined, the plat will not be in compliance with LDC 25-7-33 & 152 nor will it be compliant with DCM 1.2.6 and therefore will not be able to be approved and released until the correct floodplain/easement has been determined and delineated. UPDATE 3/16/2020 – Applicant has provided floodplain modeling which has been reviewed and approved. Easement shown on this plat contains the fully developed Atlas 14 floodplain on the site. See email from Katina Bohrer to Ryan McKay and Nick Brown dated 2/4/2020, titled “Re: Pressler – floodplain” (saved in WPD network drive) Hydro Geologist Review - Eric Brown - Eric.Brown@austintexas.gov If an update is rejected, reviewers are not able to clear comments based on phone calls, emails, or meetings, but must receive formal updates. HG1U_0 Please add a note stating “This project is located within the Edwards Aquifer Recharge Zone as defined by The City of Austin Land Development Code 25.8-2 (D)(5).” PARD / Planning & Design Review - Scott Grantham - 512-974-9457 PR1. Per the application, this appears to be a Commercial-only subdivision, with no residential units or hotel rooms. Please confirm. PR2. Please confirm that there is no proposed vehicular access through parkland. 7 of 43B-9Subdivision Review - Jennifer Bennett-Reumuth - 512-974-9002 SR 1. The administrative waiver from LDC § 25-4-34, Original Tract Requirement has been approved. Please pay the fee associated with this. SR 2. This property does not have frontage to a public road. Per LDC § 25-4-171, each lot in a subdivision must abut a dedicated public street. Applicant is seeking a variance from this requirement. Transportation Planning - Martin Laws - 512-974-6351 TR1. Transportation planning has no comments. Approved AW Utility Development Services - Bradley Barron - 512-972-0078 AW1. Per Utility Criteria Manual Section 2, §15-9, §25-4, §25-5, §25-9, and the Uniform Plumbing Code: The landowner intends to serve each lot with City of Austin water and wastewater utilities. Each lot must have a separate water and wastewater utility connection and no existing or proposed plumbing may cross lot lines. 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 to serve each lot. FYI. 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. Water Quality Review - Jay Baker - 512-974-2636 Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. Please provide a comment response letter with the update addressing each of the following comments. All engineering representations must be signed by the responsible engineer. Additional comments may be issued as additional information is received. DATE: 4/17/21 ORIGINAL COMMENTS LANDFILL End of report WQ 1. Provide landfill certification [ LDC 25-1-83.] 8 of 43B-9Alecia M. Mosadomi Attorney Direct: 512.479.1143 Fax: 512.479.1101 alecia.mosadomi@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, TX 78701 February 4, 2021 VIA E-MAIL (Martin.Laws@austintexas.gov) Martin Laws Senior Planner Development Services Department Land Development Planning & Engineering Division 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Re: Sand Beach Overlook Subdivision (C8-2020-0160.0APA) of 1505 W. 3rd Street, Austin, TX (the “Property”); Request for Variance from Public Roadway Frontage Requirement Dear Martin: The owner of the Property (the “Owner”) is seeking a variance from §25-4-171 of the Land Development Code, which requires that the Property abut a dedicated public street. Owner is seeking a variance to this requirement because Owner will provide an alternative means of access to the Property in lieu of providing public roadway frontage. Much of the apparent roadway fronting the Property (3rd Street) was purchased for right of way that was never constructed and now appears to be encumbered with Union Pacific Railroad (fka International and Great Northern Railroad) easements. As a result, Owner has entered into a joint use access agreement with the neighboring property owners (enforceable by the City), which will provide direct access from the Property to the nearest public road (Paul Street). A copy of the agreement is attached here. *We are waiting to receive Sprint’s signature in the mail. Per § 5.1.0 of the Transportation Criteria Manual (“TCM”), driveways are intended to assure that access is provided to abutting private property with a minimum of interference with the free and safe movement of vehicular and pedestrian traffic and to prevent traffic congestion arising from vehicular entry to or exit from abutting private property. We believe such a variance is reasonable, will have no detrimental impact to the City or surrounding uses, and will leave the site with comparable access to a public road that furthers the objectives set forth in the TCM. Thank you for considering this variance request and please let me know if you have any questions or require anything further. HB: 4843-6500-8089.3 Husch Blackwell LLP 9 of 43B-9 February 4, 2021 Page 2 Kindest regards, Alecia M. Mosadomi Encl.: Joint Use Access Area Sketch and Joint Use Access Easement cc: Jennifer.Bennett-Reumuth@austintexas.gov HB: 4843-6500-8089.3 Husch Blackwell LLP 10 of 43B-9 February 4, 2021 Page 3 SKETCH OF JOINT USE ACCESS AREA HB: 4843-6500-8089.3 Husch Blackwell LLP 11 of 43B-912 of 43B-913 of 43B-914 of 43B-915 of 43B-916 of 43B-917 of 43B-918 of 43B-919 of 43B-920 of 43B-921 of 43B-922 of 43B-923 of 43B-924 of 43B-925 of 43B-926 of 43B-927 of 43B-928 of 43B-929 of 43B-930 of 43B-931 of 43B-932 of 43B-933 of 43B-934 of 43B-935 of 43B-936 of 43B-937 of 43B-938 of 43B-939 of 43B-940 of 43B-941 of 43B-9 TO: CC: FROM: DATE: M E M O R A N D U M Members of the Planning Commission Jennifer Bennett-Reumuth, Case Manager, DSD Bryan Golden, Program Manager (Central), Austin Transportation Department April 20, 2021 Sand Beach Overlook Subdivision (C8-2020-0160.0A) Variance of Title 25, Section 24-4-171 SUBJECT: RECOMMENDATION: Approval The applicant for the above referenced subdivision is requesting a variance to Title 25 of the Land Development Code (LDC) Section 25-4-171 which requires each lot in a subdivision abut a dedicated public street. Per LDC 25-4-171, (A) Each lot in a subdivision shall abut a dedicated public street.(B) Chapter 25-6, Article 6 (Access to Major Roadways And In Certain Watersheds) governs access to a lot:(1)on a roadway designated as a major arterial, freeway, parkway, or expressway in the transportation plan or in a roadway plan approved by the appropriate county; or(2)on a Hill Country Roadway. In consideration of this request; (A)The Land Use Commission shall grant a variance from a requirement of Article 3 if the Land Use Commission determines that enforcement of the requirement will make subdivision of a tract of land impractical and deny the owner all reasonable use of the land. The proposed tract is located within the City of Austin’s full purpose jurisdiction along the south side of the Missouri Pacific Railroad and east of the terminus of Paul Street. The tract is comprised of one commercial lot on .947 acres. A site plan for a mixed-commercial development at this location is currently under review by City of Austin staff. Staff recommends approval of the variance for the following reasons: • The proposed Joint Use Access Easement with two adjacent tracts will provide access to a public roadway (Paul Street) for Lot 1. • The site has operated historically without public roadway frontage. • Alternative access is not viable due to existing parkland to the south and railroad encumbrances along the northern boundary of the property. • Paul Street is a low volume Level 1 street and it is anticipated that it will be able to accommodate additional trips generated by development of these lots. • Denial of this variance request may place an undue hardship on the subject commercial property as it may be rendered undevelopable and would require a redesign of the site. 42 of 43B-9• ATD Transportation Development Services staff has not received any expressed concerns from the neighborhood group nor any opposition to the applicant’s request for this variance. If you should have any questions or require additional information, please feel free to contact me at (512) 974-2426 Respectfully, Bryan Golden Program Manager, Transportation Development Services Austin Transportation Department 43 of 43B-9