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PLANNING COMMISISON SITE PLAN – COMPATIBILITY WAIVER ONLY CASE NUMBER: SP-2022-0491C HEARING DATE: February 13, 2024 PROJECT NAME: 1170 Webberville ADDRESS: 1170 Webberville Road COUNCIL DISTRICT: 1 OWNER: ENGINEER: Lynn House, LP 2028 E Ben White Blvd., Ste. 240 Austin, TX 78741 (512) 992-8895 Civilitude LLC (Esteban Gonzalez) 5110 Lancaster Ct Austin, TX 78723 (512) 761-6161 CASE MANAGER: Heather Chaffin Heather.Chaffin@austintexas.gov (512) 974-2140 NEIGHBORHOOD PLAN: MLK-183 PROPOSED DEVELOPMENT: The applicant is proposing to develop a vacant tract of land zoned GR-MU-NP into a 5-unit, condominium residential land use. The gross floor areas of the units range from 1,985 square feet to 2,255 square feet. All units are three stories, under 35 feet in height, and contain private pools. The site will have a single driveway accessing Webberville Road and will provide on-site parking, community pool, landscaping, and public sidewalk improvements on 0.30 acres. Four waivers from compatibility setback requirements are being requested. DESCRIPTION OF WAIVERS: The applicant is requesting a waiver from § 25-2-1063(B)(2), which requires a structure setback of 25 feet from property on which a use permitted in a SF-5 or more restrictive zoning district is located. The southern, adjacent property triggering this requirement has a religious assembly use. Surface parking, a wooden deck, outdoor kitchen area, and community pool are located 5 feet away, but within the 25-foot compatibility setback, from the property line of the religious assembly use. The applicant is requesting a waiver from § 25-2-1064, which requires a front building line setback of at least 25 feet from a right-of-way if the tract on which the building is constructed adjoins property on which a use permitted in a SF-5 or more restrictive zoning district is located and fronts on the same street as the adjoining property. The adjoining property triggering this requirement has a religious assembly use. One of the condominium units and the unit’s pool and patio are setback 12 feet from Webberville Road’s right-of-way but are within the 25-foot front building line setback. The applicant is also requesting a waiver from § 25-2-1067(F)(2), which requires an intensive recreational use, including a pool, to be at least 50 feet from adjoining property on which a use 1 of 10B-17 SP-2022-0491C - 1170 Webberville permitted in an SF-5 or more restrictive zoning district is located. A community pool, a wooden deck, and outdoor kitchen area are located 5 feet away, but within the 50-foot setback requirement, from the property line of the religious assembly use. Lastly, the applicant is requesting a waiver from § 25-2-1067(H), which requires a site less than 125 feet wide, to have certain setbacks for parking in relation to properties triggering compatibility requirements (i.e. the adjacent religious assembly use). For the width of this site, the required setback for parking is 22 feet. The development proposes a setback of 5 feet away from the property line of the religious assembly use. SUMMARY STAFF RECOMMENDATION: While zoned as GR-MU-NP, the adjacent property immediately to the south is developed as religious assembly use. The adjacent properties to the west and north are also zoned GR-NP, but are developed as commercial and apartment uses, respectively. Of the remaining block bounded by E 12th Street, Webberville Road, and Springdale Road, all properties are zoned GR-MU-NP and consist of a mixture of uses ranging from single family, office, commercial, and multifamily uses. Nearby blocks also feature a mixture of land uses. For example, the block directly opposite the subject site contains both commercial and single family uses. The MLK-183 Neighborhood Planning Area Ordinance (Ord. 20021107-Z-12b) rezoned this property to GR-MU-NP and did not place any additional restrictions or conditional overlays on the site beyond what the LDC requires. As stated in the neighborhood plan, the priority for this area is to “promote compatible infill development that will help stabilize the residential areas.” The proposed development is also consistent with Imagine Austin’s goals of creating complete communities with compact and connected development that creates economically mixed and diverse neighborhoods with a range of housing options. Compatibility can be triggered by a zoning district or by a land use. For this site, compatibility setbacks are triggered by the adjacent religious assembly use. Based on these findings and proposed design of the project, staff recommends approval of the four requested compatibility variances. The site plan complies with all other compatibility standards, such as lighting, screening, and building heights. PROJECT INFORMATION TOTAL SITE AREA EXISTING ZONING WATERSHED TRAFFIC IMPACT ANALYSIS CAPITOL VIEW CORRIDOR PROPOSED ACCESS Webberville Road FLOOR-AREA RATIO 13,132 sq. ft. GR-MU-NP Tannehill Branch and Fort Branch Watersheds (urban) Not required 0.30 acres None Allowed/Required Existing 1:1 0 0 Proposed 0.82:1 26.9% BUILDING COVERAGE 75% 2 of 10B-17 SP-2022-0491C - 1170 Webberville IMPERVIOUS COVERAGE 90% 0 63.2% COMPATIBILITY: The site is subject to Compatibility Standards due to the religious assembly use to the south. § 25-2-1063 - HEIGHT LIMITATIONS AND SETBACKS FOR LARGE SITES. (A) This section applies to a site that has: (1) an area that exceeds 20,000 square feet; or (2) a street frontage that exceeds 100 feet. (B) In this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property: (1) in an urban family residence (SF-5) or more restrictive zoning district; or (2) on which a use permitted in an SF-5 or more restrictive zoning district is located. § 25-2-1064 - FRONT SETBACK. A building must have a front building line setback of at least 25 feet from a right-of-way if the tract on which the building is constructed: (1) adjoins property: (a) in an urban family residence (SF-5) or more restrictive zoning district; or (b) on which a use permitted in a SF-5 or more restrictive district is located; and (2) fronts on the same street as the adjoining property. § 25-2-1067 - DESIGN REGULATIONS. (F) An intensive recreational use, excluding a multi-use trail and including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from adjoining property: (1) in an SF-5 or more restrictive zoning district; or (2) on which a use permitted in an SF-5 or more restrictive zoning district is located. Avg. Parking Width 62′ (H) If a site on which a parking area or driveway is constructed is less than 125 feet wide, the width and setback for the parking area or driveway must comply with the following schedule: Total Site Width 101 to 103.99′ EXISTING ZONING AND LAND USES Site North South East West Vacant Apartments Religious Assembly Commercial and single-family residential Commercial GR-MU-NP GR-MU-NP GR-MU-NP GR-MU-NP GR-MU-NP Setback for Driveways Setback for Parking 22′ LAND USES ZONING 17′ ABUTTING STREETS Street Webberville Road NEIGHBORHOOD ORGANIZATIONS: Austin Lost and Found Pets Austin Neighborhoods Council Right-of-Way Width Pavement Width 60 feet 50 feet Classification Level 2 3 of 10B-17 SP-2022-0491C - 1170 Webberville Austin ISD Del Valle Community Coalition East Austin Conservancy E MLK Combined Neighborhood Plan Team Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin Reissig Group Residents of E 12th St SELTexas Sierra Club, Austin Regional Group Springdale-Airport Neighborhood Association Springdale Park Neighborhood Association 4 of 10B-17 SP-2022-0491C - 1170 WebbervilleJanuary 5, 2024 Jennifer Bennett City of Austin Development Service Department 6310 Wilhelmina Delco Dr. Austin, TX 78752 Re: Compatibility Waiver Request Letter 1170 Webberville (SP-2022-0491C) 1170 Webberville Road, Austin, Texas 78721 Dear Jennifer, On behalf of our client, Lynn House, LP, we are submitting a compatibility waiver request for the 1170 Webberville project (SP-2022-0491C) located at the above reference site address. We are requesting the following waivers to the Land Development Code: Request #1: Reduction of the 22-foot parking setback to 5 feet § 25-2-1067 - DESIGN REGULATIONS (H) If a site on which a parking area or driveway is constructed is less than 125 feet wide, the width and setback for the parking area and driveway must comply with the following schedule: Total Site Width Avg. Parking Width Setback for Parking Setback for Driveways 101’ to 103.99’ 62’ 22’ 17’ The 1170 Webberville project site is approximately 0.30 acres with a width of 103.3’. Since the site is less than 125 feet, this requires us to comply with the 22’ setback requirement for parking listed in the table above. Due to the limited site area on the property, we would like to request a waiver to reduce the setback for parking from the required 22’ to 5’ from the southwest property line. This waiver request would allow residents to park within the site boundary and not have to park within the public right of way. This reduction will allow the parking lot to be built for residents to access the property and keep vehicles out of the public right of way. Not only does this improve safety of residents by providing off street parking, but also reduces the amount of vehicles parking in the public right of way. 5 of 10B-17 SP-2022-0491C - 1170 WebbervilleRequest #2: Reduction the 25-foot front building line setback to 12 feet § 25-2-1064 A building must have a front building line setback of at least 25 feet from a right-of-way if the tract on which the building is constructed: (1) Adjoins property: (a) In an urban family residence (SF-5) or more restrictive zoning district; or (b) On which a use permitted in a SF-5 or more restrictive district is located; and (2) Fronts on the same street as the adjoining property The project site is currently proposing five townhome-style residential buildings and the first building is currently 12 feet away from the public right of way line. We are requesting the required 25 foot front building setback because it would eliminate the first unit almost entirely. This setback is triggered by the adjacent property occupied by the Pleasant Grove Baptist Church, which has waived their compatibility rights in support for this development. Allowing this setback reduction will allow more housing to be built, which is much needed within the City of Austin. Request #3: Reduction of the 25-foot No-Build setback to 5 feet. § 25-2-1063 (A) This section applies to a site that has: (1) An area that exceeds 20,000 square feet; or (2) A street frontage that exceeds 100 feet. (B) In this section, the term “structure” excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property: (1) In an urban family residence (SF-5) or more restrictive zoning district; or (2) On which a use permitted in an SF-5 or more restrictive zoning district is located. The site is composed of a 0.30 acre tract zoned GR-MU-NP with a proposed condominium land use. The property triggering compatibility is currently occupied by the Pleasant Grove Baptist Church, which has waived their compatibility rights in support for this development. The church building is approximately 165 feet away from the shared property line and the first hundred feet of the Pleasant Grove Buffer is informally used for parking purposes. We are requesting that the no-build setback be reduced to 5 feet from the property line and the height limits of the compatibility standards triggered by the adjacent tract. The compatibility setbacks will significantly reduce the building size, which makes this housing project unfeasible to develop. The property owner is requesting a reduction of this setback in order to build a reasonably sized condominium home which is a shared priority with the city of Austin to provide much needed housing within the city limits. In order to mitigate these improvements, the development also proposes to incorporate a fence and vegetative screening that will cover these improvements from the neighbors view. This reduction will allow the parking lot to be built for residents to access the property and keep vehicles out of the public right of way. Not only does this improve safety of residents by providing off street parking, but also reduces the amount of vehicles parking in the public right of way. 6 of 10B-17 SP-2022-0491C - 1170 WebbervilleRequest #4 : Reduction of the 50-foot Intensive Recreation use setback to 5 feet § 25-2-1067F (F) An intensive recreational use, excluding a multi‐use trail and including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from adjoining property: (1) in an SF‐5 or more restrictive zoning district; or (2) on which a use permitted in an SF‐5 or more restrictive zoning district is located. This development is asking for a reduction in the intensive recreational use setbacks triggered by the adjacent tract with a meeting and assembly land use. This request is being made in order to allow the amenity space and pool area for the proposed development. The intensive use setback is 50 feet and the existing church building is currently over 160 feet away from the 1170 Webberville property. Moreover, the developer is planning on proposing a fence with vegetative screening to allow more barriers between the church and the recreational space. The recreation use setback required by code is 50 feet from the property line which would require the proposed building to be reduced significantly in size. The access to recreational facilities and green spaces is limited within urban spaces. By granting the setback reduction, we can ensure that residents, including families and individuals of all ages, have a dedicated and safe area to relax, exercise, and socialize. This amenity fosters a sense of community, promotes a healthier lifestyle, and contributes positively to the overall livability of the neighborhood. As mentioned previously, the property triggering compatibility restrictions is currently occupied by the Pleasant Grove Baptist Church, which has waived their compatibility rights in support for this development. Closing Statement In conclusion, we firmly believe that the City's compatibility standards have a significant impact on our property, primarily due to the unique limitations posed by our limited space and lot configuration. Our comprehensive waiver requests are not driven by convenience but by the necessity to optimize the use of this property in a manner that aligns with the broader goals of addressing housing needs, enhancing community well-being, and contributing positively to the City of Austin's vision for a vibrant and sustainable future. We have taken careful consideration of the site's challenges and have crafted our requests with a commitment to responsible urban development. We kindly request the Land Use Commission's thoughtful review and consideration of our waiver applications to enable us to create a development that benefits both our residents and the neighborhood at large. Thank you for your time and consideration. Sincerely, Esteban Gonzalez, PE 7 of 10B-17 SP-2022-0491C - 1170 WebbervilleAuthentisign ID: 749D315C-1C2E-ED11-AE83-14CB655B2CA7 September ___ , 2022 City of Austin Development Services Department 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Re: Compatibility Waiver Support 1170 Webberville Road, Austin, TX 78721 I, ________________________ owner of _____________________, understand that the above reference development intends to seek a waiver of compatibility setbacks. I understand that LDC 25.2.1081 allows the Land Use Commission to approve a waiver that reduces to the no-build setback from 25 feet to 5 feet. This letter is to express my support for that request and any other waivers that can waive compatibility, including waiver that further reduces the no-build setback and approves waiver of height restriction imposed by Compatibility Standards. Should you have any questions about any of these items, please don’t hesitate to reach out to us at: Phone: ________________ Email: _________________ Sincerely, _____________  06Webberville Pleasant Grove Missionary Baptist Church - Andre Pinchback1170 Webberville Rd, E, Austin, TX 78721512-589-1250andrepinchback@gmail.comWebberville Pleasant Grove Missionary Baptist Church Andre Pinchback8 of 10B-17 SP-2022-0491C - 1170 WebbervilleProperty Profile 1170 Webberville Rd Legend Property Street Labels Jurisdiction FULL PURPOSE FULL PURPOSE Appraisal Districts TCAD Parcels Jurisdictions Fill Jurisdiction Zoning 1 Zoning GR MF P SF Zoning Text Notes SP-2022-0491C 0 350 700 ft 2/8/2024 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 9 of 10B-17 SP-2022-0491C - 1170 WebbervilleHOT TUB POOL OUTDOOR KITCHEN AREA P A R K I N G UNIT 5 PATIO UNIT 5 POOL P O O L E Q U I P M E N T UNIT 4 POOL UNIT 4 PATIO UNIT 3 POOL UNIT 3 PATIO UNIT 2 POOL UNIT 2 PATIO UNIT 1 POOL UNIT 1 PATIO N SP-2022-0491C 07 23 25-5 10/18/2022 112 JENNIFER BENNETT X GR-MU-NP Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a Building permit is not required), must also be approved prior to the Project Expiration Date. January 03, 2024Kevin Brooks Sr.Austin WaterFD101701/04/202410 of 10B-17 SP-2022-0491C - 1170 Webberville