B-13 (C14-72-032(RCT) - 7113, 7115 Burnet Rd; District 7).pdf — original pdf

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RESTRICTIVE COVENANT TERMINATION REVIEW SHEET CASE: C14-72-032 (RCT) – 7113 Burnet DISTRICT: 7 EXISTING ZONING: LO-CO-NP ADDRESS: 7113, 7115 Burnet Road SITE AREA: 1.1166 acres (48,638 square feet) PROPERTY OWNER: CSW Cart, Inc., (Robert O’Farrell) AGENT: Armbrust & Brown PLLC (Michael J. Gaudini, Michael J. Whellan) CASE MANAGER: Mark Graham (512)-974-3574, mark.graham@austintexas.gov STAFF RECOMMENDATION: Staff recommends granting a Termination of the Restrictive Covenant. PLANNING COMMISSION ACTION / RECOMMENDATION: May 25, 2021 May 11, 2021: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO MAY 25, 2021, BY CONSENT [G. COX, A. AZHAR 2ND] (12-0) CHAIR SHAW - ABSENT CITY COUNCIL ACTION: June 10, 2021: RESTRICTIVE COVENANT TERMINATION RECORDING NUMBER: ISSUES There are three related land use cases: The Neighborhood Plan Amendment, case NPA-2021- 0017.01 to change the FLUM from Commercial to Multi-family residential land use; The B131 of 12Rezoning case C14-2021-0044 requesting MF-6-CO-NP zoning; and this case requesting termination of the Restrictive Covenant that established a 20 foot building setback on the LO- CO-NP zoned tract; CASE MANAGER COMMENTS: The subject Restrictive Covenant is less restrictive than current compatibility standards in the Austin Land Development Code. At the time that the subject property zoning was changed from residential to office in 1973, Restrictive Covenants were used to provide an increased setback between the office and the houses on Hardy Circle. The City has since changed to using a conditional overlay (CO) to make development standards more restrictive through the zoning ordinance instead of Restrictive Covenants. Applicant is requesting the termination of the Restrictive Covenant which established a twenty- foot building setback from the north property line of the 48,638 square foot tract of land that was rezoned from residential to office in 1973 (Ordinance No. 73 0628-D). The Restrictive Covenant is recorded in volume 4674, page 2281 of the Deed Records of Travis County, Texas. Paragraph number 1. “No Building or any part thereof shall be located within twenty (20) feet of the north property line of said property”. Please refer to Exhibit “C”. Compatibility Standards in Article 10 (LDC 25-2-1063) apply to the subject site because it is located next to SF-3-NP zoning and the development site is bigger than 20,000 square feet. The minimum setback is 25 feet from SF-5 or more restrictive zoned land and it applies to the new building, the drive aisle and parking lots. There are also requirements for landscape buffering and screening (LDC 25-2-1066) in the area between multi-family buildings and buildings in the SF-5 or more restrictive districts. BASIS OF RECOMMENDATION: Staff supports the Termination request. The Restrictive Covenant was created in 1973 before the City Code had adopted Compatibility Standards. The current Land Development Code, with Compatibility Standards for setbacks, building heights and screening requirements provides better transitions between detached residences and other uses including the proposed multi- family residential use. EXISTING ZONING AND LAND USES: Zoning Land Uses LO-CO-NP SF-3-NP MF-3-NP SF-3-NP vehicle storage detached residences Townhouse/Condo Residences: Allendale Condos, The Park at Crestview Detached residences Site North South East B132 of 12 West Zoning Land Uses CS-1-CO-NP, CS-CO-NP (across Burnet Road) CS, SF-2 Bar/Restaurant, coffee shop, personal services. (Across Burnet Rd) Car rental and sales, personal services, detached residences NEIGHBORHOOD PLANNING AREA: Crestview/Wooten Combined Neighborhood Plan Ordinance No. 040401-328 TIA: Deferred to site plan. WATERSHED: Shoal Creek - Urban 70% Impervious coverage maximum in MF-4 80% Impervious coverage maximum in MF-6 OVERLAYS: ADU Approximate Area Reduced Parking Neighborhood Planning Areas: CRESTVIEW Residential Design Standards: LDC/25-2-Subchapter F Brentwood Elementary Lamar Middle McCallum High SCHOOLS: NEIGHBORHOOD ORGANIZATIONS Allandale Neighborhood Association Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Crestview Neighborhood Assn. Crestview Neighborhood Plan Contact Team Friends of Austin Neighborhoods AREA CASE HISTORIES: Homeless Neighborhood Association NW Austin Neighbors Neighborhood Empowerment Foundation North Austin Neighborhood Alliance SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group Number Request Commission City Council To Grant Apvd. 04/01/2004 Ord. #040401-328 Add a NP to the base zoning districts on approximately 650.5 acres of land generally known as the Crestview Neighborhood Plan and to change the base zoning district on 43 tracts of land. C14-04-0004 The area bounded by Anderson Lane on the north, Lamar Blvd. on the east, Burnet Road on the west, Justin Lane on the south. C14-2009-0065 The area bounded by Anderson Lane/US Crestview Vertical Mixed Use Bldg (V) Zoning/ Opt-in / Opt- To Grant Apvd. 9/24/2009 B133 of 12Number Request Commission City Council Highway 183 on the north, Justin Lane on the south, North Lamar Boulevard on the east and Burnet Road on the west. out process. 62.70 Acres. (City Initiated) Ordinance 20090924-091 is for 29.70 acres. Part 4. Excludes Tract 8 that includes 7113 Burnet Rd. RELATED CASES: NPA-2021-0017-01 – Request for Neighborhood Plan Amendment from commercial land use to multifamily residential land use. Neighborhood meeting held March 18, 2021. C14-2021-0044 – Request to rezone from CS-1-CO-NP, CS-CO-NP, LO-CO-NP to MF-6- CO-NP for multi-family residences. Cases NPA-2020-0017.01, C14-2020-0016, & C14-72-032(RCT) were reviewed by Planning Commission and City Council in 2020 and withdrawn by Applicant on October 7, 2020. EXISTING STREET CHARACTERISTICS: Pavement ASMP Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) ~122’ 120’ 55’ Level 4 Yes Yes Yes Name Existing ROW ASMP Required ROW Burnet Rd. INDEX OF EXHIBITS TO FOLLOW Exhibit A: Zoning Map Exhibit B: Aerial Map Exhibit C: Restrictive Covenant B134 of 12( ( ( ( ( ( ( ( ( ( ( ( ( ( C14-2019-0067 GO-CO ( ( ( ( ( SF-2 ( ( ( ( ( ( ( C A S C A D ( ( ( SF-2 ( ( E D R ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( PIN E W ( ( ( ( O O ( D T ( E R ( ( SF-2 ( G R E E ( ( N LA W ( ( ( ( ( ( N P ( K W Y ( ( ( ( ( ALB ( ( SF-2 ( ( ( ATA A ( ( V E ( ( ( ( ( O T O H P ( ( ( STA. G O LF SP86-015 SP-02-0285C CS ( ( ( ( ( ( T Y S T R E H G U A D ( ( SF-2 ( C14-2008-0088 ( SF-2 ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( LR P E G R A ( ( SF-2 M A ( V E ( ( ( ( ( CS ( C14-2008-0088 ( 05-0166 ( C14-05-0166 ( D T R ( E ( N R U B 67-037 N L T E N R U B NPA-2009-0017.01 C14-2009-0065 CS-V-CO-NP C A R L O T ( ( SF-2 ( ( PAINT C14-2008-0088 CS APTS. NPA-2009-0017.01 CS-V-CO-NP CS-CO-NP C14-2009-0065 ( ( ( T LIA S ( ( ( ( ( ( T E BIN A C N TATIO S CS-1 R E S TA 81-171 U R A N T ( ( ( ( ( SF-3-NP E C ( E T C ( S ( ( ( ( CS-V-CO-NP NPA-2009-0017.01 O. Y G C R SP88-025 E L TIN L A RIN T G P R A C14-2009-0065 NPA-2009-0017.01 CS-V-CO-NP ( MF-3-NP ( ( 62-14 ( SF-2 CS C14-2008-0088 ( ( ( ( ( S E R V. S T A. U R ANT STA RE S TAILO PLIE R P U S B E D RETAIL CS-CO-NP GR-MU-CO-NP = ( CS-V-CO-NP = PASA LR-MU-CO-NP ( C14-04-0163 DE ( SP-06-0699C GR-CO-NP C14-2009-0065 ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( T UIS S ( ( ( ( ( O T L S ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( E S P T ( ( ST JO ( ( H BLV ( ( ( ( ( ( SF-3-NP ( ( ( ( ( M ( ( ( LIP S HIL T P S ( D O R R O ( ( ( R Y D D R A H ( ( ( ( ( ( ( ( A G ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( W ST ( ( SF-3-NP ( ( ( GIE LN ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( RIC ( ( H C R ( SF-3-NP ( ( ( ( ( ( ( ( E E ( ( K R D ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( O N ( ( V E T A ( ( ( PIE D M ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( M A DIS ( ( O N A ( ( ( ( ( ( SF-3-NP (( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( NA D ( ( R ( SF-3-NP ( ( ( ( ( ( ( ( RETAIL ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( C14-04-0004 ( ( ( ! ! ! ! ( ( ( HARDY CIR ( ( ( ! ! ! ! ! ! ! PA R ( KIN ! ! ! ! ! ! ! ! LO-CO-NP ! ! ! ! ! ! ! ! P83-58 ( ! = = G ! ! ! ! ! ! ! ! ! ! = MF-3-NP ( 5' BUFFER OF 'A' 88-064 PARKING FA ST ! !! ! ! ! ! ! ! ! ! ! ! ! 91-076 P81-046 CS-CO-NP ! ! C14-2009-0065 ! ! 81-012 ! ! ! ! 84-122 ! ! CLUB CS-1-CO-NP ! ! 82-43 ! ! ! ! CAR ( ! ! 99-2045 ! ! 77-59 ! ! GR-V-CO-NP T N A C VA 72-083 GR-MU-CO-NP ( 99-2045 T N A C VA 87-184 C U LL E S E R VIC E E V N A ( 94-126 S ( GO-CO-NP CHURCH ( ( ( ( ( ( ( ( ( ( 8 5 0-1 7 = = MF-3-NP = SF-3-NP NPA-2014-0017.01 ( ( ( ( ( ( ( 80-117 ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( W S ( ( T JO ( ( ( ( ( H N S A V E ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( MF-3-NP ( = ( ( = ( ( ( ( LO-MU-NP ( ( ( = H C R U H C R Y D D R A H ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( E V S A E YAT ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( LO-MU-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( VALLEJO S ( T ( ( ( ( MF-3-NP ( ( ( ( ( S ( N A ( TA CLA ( ( ( SF-3-NP ( ( ( ( R A S ( T ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R E D N ( LA ( SF-3-NP ( D T S S ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( Restrictive Covenant Termination ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( P-NP ( ( ( ( ( ( ( ( C14-04-0012 ( (( ( ( ( ( ( ( ( ( ( ( ( ( ( SUPERMARKET DRIVE CS-NP JUSTIN LN LO-NP G KIN R PA C14-04-0012 APTS. LR-NP C E N TE R M UR O CS-CO-MU-NP AUTO REPAIR ( C ST ( ( SF-3-NP ( ( FOOD STORE 72-11 CS-MU-V-CO-NP C14-2009-0055 REST CP14-72-011 CS-MU-CO-NP ( ( C14-2011-0031 FA R M E ( ( CS-MU-CO-NP ( T O S R'S M A R K E T O. T C E P R A C ( ( ( ( ( ( T S E D O M ( ( ( SF-3-NP ( ( ( ( ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± ZONING CASE#: C14-72-032(RCT) 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. Created: 3/5/2020 B135 of 12CS-V-CO-NP LR-MU-CO-NP CS D T R E N R U B CS SF-3-NP PASA D E N A D R SF-3-NP SF-3-NP CS-CO-NP SF-3-NP R Y D D R A H SF-3-NP M A DIS O N A V E SF-3-NP PIE D M O N T A V E SF-3-NP W S T JO H N S A V E SF-3-NP Copyright nearmap 2015 CS-1-CO-NP GR-V-CO-NP GR-MU-CO-NP HARDY CIR C14-72-032(RCT) LO-CO-NP J29 MF-3-NP GO-CO-NP C U LLE N A V E MF-3-NP LO-NP SF-3-NP MF-3-NP SF-3-NP R Y D D R A H LO-MU-NP 7113 Burnet Rd. CS-NP JUSTIN LN LR-NP ± 1'' = 200' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-72-032(RCT) 7113 Burnet Rd. ACRES J29 MARK GRAHAM 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. B136 of 12B137 of 12B138 of 12B139 of 12B1310 of 12B1311 of 12B1312 of 12