25 C14-96-0127(RCT) - 5209 S Pleasant Valley; District 2.pdf — original pdf

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RESTRICTIVE COVENANT TERMINATION REVIEW SHEET DISTRICT: 10 CASE: C14-96-0127(RCT) – 5209 S. Pleasant Valley ADDRESS: 5209, 5205, 5303 South Pleasant Valley Road and 5302 Woodland Oaks Court EXISTING ZONING: GO-NP SITE AREA: 2.3269 acres PROPERTY OWNER: Austin Travis County Youth Services, Inc. (Robert Martinez) AGENT: Drenner Group, PC (Leah M. Bojo) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: Staff recommends granting a Termination of the Restrictive Covenant. PLANNING COMMISSION ACTION / RECOMMENDATION: April 23, 2024: CITY COUNCIL ACTION: RESTRICTIVE COVENANT TERMINATION RECORDING NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The proposed Restrictive Covenant Termination area is comprised of approximately 2.33 acres and is located east of South Pleasant Valley Road between Terri Road and East Stassney Lane. The subject area was rezoned from the family residence (SF-3) district to the general office (GO) district in 1997. It is currently developed as a youth center. The rezoning case included a public Restrictive Covenant that specified that if use of the Property as “GO” General Office district is discontinued for 90 consecutive days, the Owner of the Property will not object to the City of Austin rezoning the property to “SF-3” Family Residence district as defined in Chapter 13-2 of the City Code. C14-96-0127(RCT) Page 2 Please refer to Exhibits A (Zoning Map), A-1 (Aerial View) and B (1997 Rezoning Ordinance and Restrictive Covenant). The Applicant proposes to terminate the Restrictive Covenant in order to allow for multifamily residential development under the Affordability Unlocked program. Currently, the applicant has both S.M.A.R.T. Housing and Affordability Unlocked applications in staff review with the Housing Department. BASIS OF RECOMMENDATION: Staff supports the Termination request. Currently there is multifamily residence-low density (MF-2) zoning adjacent to the south of this property as well as to the southeast. Multifamily residence-limited density (MF-1) zoning is also located directly to the west across South Pleasant Valley Road. This area is supported by public transit with Capital Metro bus routes/stops along South Pleasant Valley Road, East Stassney Lane and Terri Road. These are all major arterials that are a part of the ASMP Transit Priority Network. EXISTING ZONING AND LAND USES: ZONING GO-CO Site North SF-3-NP South MF-2-NP; LR-NP East SF-3-NP; MF-2-NP West MF-1-NP; SF-3-NP; LR-NP LAND USES Youth Center Single family residential Multifamily residential; Service station; Commercial uses Single family residential; Multifamily residential Multifamily residential; Single family residential; Restaurant; NEIGHBORHOOD PLANNING AREA: Southeast Combined (Franklin Park) WATERSHEDS: Williamson Creek (Suburban) CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: No SCHOOLS: Austin Independent School District Rodriguez Elementary School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Dove Springs Proud Friends Of Austin Neighborhoods Go Austin Vamos Austin 78744 Indian Hills Neighborhood Watch Homeless Neighborhood Association Kensington Park Homeowners Assn. Caracol Southeast SELTexas Sierra Club, Austin Regional Group Texas Reach Out Ministries Neighborhood Empowerment Foundation North Gate Neighborhood Association North Growth Corridor Alliance Mendez Middle School Travis High School C14-96-0127(RCT) Page 3 Onion Creek HOA Del Valle Community Coalition Non- Profit Paisano Mobile Home Park Neighborhood Assn. Southeast Combined Neighborhood Plan Contact Team AREA CASE HISTORIES: NUMBER C14-07-0021- 5308 Nuckols Crossing Road C14-02-0028 - 4604 - 4610 Terri Road C14-03-0028 - 5001 Nuckols Crossing Road CITY COUNCIL Approved GR-MU- CO-NP as Planning Commission Recommended (5/3/2007) Approved LR-CO-NP as Planning Commission Recommended with an additional CO to limit trips to 2,000 per day and to prohibit the following uses: service station and off-site accessory parking. (09/26/2002) Approved LR-CO-NP as Planning Commission Recommended (06/12/2002) REQUEST COMMISSION LO to LR LR-NP to GR-NP To Grant GR-MU-CO- NP w/COs permitting general retail sales (general) use, all LR uses and development standards, and 2,000 vehicle trips per day. (3/27/2007) To Grant LR-CO-NP w/COs that establishes a setback that prohibits development for 50 feet in both directions from the centerline of an open waterway. Exceptions to the no-development stipulation are: a) utility crossings, b) hike and bike trails, c) driveway crossings, and d) roadway crossings. (4/10/2002) To Grant LR-CO-NP w/CO that establishes a setback that prohibits development for 50 feet in both directions from the centerline of an open waterway. Exceptions to the no-development stipulation are; a) utility crossings, b) hike and bike trails, c) driveway crossings, and d) roadway crossings. (2/26/2003) LR-NP to LR- CO-NP C14-96-0127(RCT) C14-05-0117.SH SF-3-NP to SF-6-NP Page 4 To Grant SF-6-NP district zoning w/conditions of the neighborhood traffic analysis (11/8/2005) Approved SF-6-NP as Planning Commission Recommended (12-1-2005) RELATED CASES: The subject Restrictive Covenant Termination area received GO-CO zoning on February 6, 1997 (City File C14-96-0127, Ord. 970206-E). The Conditional Overlay limited traffic generation to 2,000 vehicle trips per day. ADDITIONAL STAFF COMMENTS: PARD – Planning & Design Review: Parkland dedication requirements may apply to any future site or subdivision applications following the termination of this Restrictive Covenant. Austin Transportation Department – Engineering Review: The Austin Strategic Mobility Plan (ASMP) calls for 116 feet of right-of-way for S. Pleasant Valley Rd. It is recommended that 58 feet of right-of-way from the existing centerline should be dedicated for > according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. A Neighborhood Traffic Analysis shall be required at the time of site plan, if triggered, when land uses and intensities will be known. if triggered per LDC 25-6-114. Existing Street Characteristics: Name ASMP Classification Existing ROW Existing Pavement Sidewalks Bicycle Route ASMP Required ROW Capital Metro (within ¼ mile) Level 3 116’ 90’ 64’ Yes Yes Yes South Pleasant Valley Road A Traffic Impact Analysis is not required at this time. C14-96-0127(RCT) Page 5 INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Applicant’s Summary Letter Exhibit B: 1997 Rezoning Ordinance and Restrictive Covenant ELEMENTARY\SCHOOL SP-05-1383CX P-NP C14-02-0128 95-0198 = ( SF-3-NP ( = = = = = = ( ( ( ( ( ( = = = SF-3-NP ( ( ( ( P I N ( E P L ( ( ( SF-3-NP ( ( ( ( C O C A = = ( ( ( = = ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( O LN ( ( ( O LN ( ( ( C N A L ( ( LO B PA SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( T E C ( ( L L E H MIC ( ( ( ( ( ( ( ( ( ( ( ( ( ( T ( N C O S LY ( L A ( ( ( = = ( ( ( ( ( ( ( LK A E W G A ( ( ( ( ( ( ( ( VILL ( ( ( ( G A L VIL = = = ( ( SF-3-NP ( ( H E PAT ( ( ( ( ( PLAY GROUND ( ( ( ( ( ( TERI RD = = = = = ( ( ( ( ( ( ( = = = = = = = = ( ( ( C14-95-0198 LO-CO-NP ( SF-3-NP ( ( ( ( ( ( R E D L A D ( S R A C S ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( UNION CIR ( ( ( ( ( ( E ( ( RIC CIR ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( 2 4 0-1 6 ( SF-6-NP ( ( ( T A C U H S JO ( ( = = = 75-12 = 750417-B ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( = = F R A N ( ( ( = = = = = = LR-NP STORE LR-CO-NP C14-02-0028 = = = = = V R C PA = = = = SF-3-NP = = = L R P T = O E T L B TA = = = = = = ( ( SF-3-NP ( ( SF-2-NP ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( R E D ( ( ( ( SID ( SF-3-NP ( Y A B ( ( ( ( ( ( ( ( ( ( ( N R L E T W E P ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( KLIN PA ( ( ( K D ( SF-3-NP = ( ( R R = R O = = C = KIN = = = G C ( ( ( ( ( ( P-NP FRANKLIN PARK ( C E D ( ( ( ( A R G R ( O V ( ( E D R ( ( ( ( ( ( ( ( D LV D B N E B R E P P O C ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( = H = AIR R = = D = = = = ( ( = ( ( ( ( = ( SF-3-NP = ( = ( ( = = = = MF-1-NP = = 80-172 = = SF-3-NP = = = = = = = = = = = = = = = = = = = = ( ( ( ( ( ( ( V I L L A G E ( C V ( ( ( ( ( ( ( C H A P A R PIN E P L R A L T R L SF-3-NP S A P O T E C T SF-3-NP ( ( ( ( = ! ! R E C ! R E = = ! A TIO N AL A = ! ! R E A C14-96-0127 GO-NP ! ! ! ! ! A P T S . MF-2-NP !! ! ! ! T S C ! K A D O N A DL O O W APTS. MF-2-NP AP TS . ( ( ( ( ( V I L L A G E T R L ( ( ( ( ( ( = ( ( ( ( ( ( ( SF-3-NP ( ( = = MF-1-NP = = = SP 86-069 88-04 RE TAI L LR-NP CO NV. S TORE ( ( ( = = = T N S O O IR W T = SF-3-NP = = = = = = PU TTE R S C V SF-3-NP MF-2-NP ( ( ( ( ( ( ( ( ( ( ( ( APTS. 83-192 LR-NP LR-NP UNDEV CS-1-NP SPC-06-0654CS SHOPPING\CENTER ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( S O UTH W ( EST D R ( ( ( W VILLA G E CT ( ( ( ( ( E VILLAGE CT ( ( LR-MU-NP ( ( ( VILLAGE LN ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( D R Y E L L A V T N A S A E L P S ( ( ( ( ( ( ( ( ( T S N O C I CABOB ST ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( H T A P T E R R E F ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( SF-3-NP P-NP T Y C E G O B SF-3-NP V N C R O C A LR-NP E STASSNEY LN = = LR-NP = = = 83-187RC GR-NP = = = = R D A S O C S A T A = = = = = = = ( = ( = ( MF-2-NP = ( = ( ( = = = SF-3-NP = = == = UNDEV D G R SIN C14-07-0021 S GR-MU-CO-NP O = R S C = LR-NP = 86-081 = = = = ( MF-2-NP ( ( ( = = = = = = ( ( PA ( ( R ( ( ( ELL PATH ( ( AIL S ( T ( ( G A L E ( ( ( N C T ( ( SF-3-NP ( S S A W ( = = L O K C U N N N L TIO C N U R J E NIP JU 82-202 UNDEV SF-6-NP C14-05-0117.SH ( SF-3-NP ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY Restrictive Covenant Termination ZONING CASE#: C14-96-0127(RCT) EXHIBIT A 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 the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 2/6/2024 SF-3-NP P A L O B L A N C O C T PAL O BLA O LN PIN SF-3-NP N C O LN N U L R MIL R E M M A H SF-3-NP ± EXHIBIT A-1 !!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=J16J15C14-96-0127(RCT)C14-02-0128C14-96-0127C14-02-0028C14-07-0021C14-95-0198C14-05-0117.SHC14-03-0026TERIRDPALOBLANCO LNCOPPERBENDBLVDVILLAGE LNFRANKLINPARKDRICON STVILLAGE TRLPARELL PATHPEWTERLNATASCOSADRVILLAGEWALKPINEPLCABOB STCHAPARRALTRLCEDARGROVEDRPINOLNBAYSIDEDRTWOIRONSTESTASSNEYLNNUCKOLSCROSSINGRDROCKINGCHAIRRDGALENCTSCARSDALEDRS PLEASANT VALLEY RDFERRETPATHPARCVVILLAGEPATHCOCAOLNACORNCVWOODLANDOAKSCTJOSHUACTTABLETOPTRLWASSAILSTJUNIPERJUNCTIONLNALLYSONCTGOODWOODDRHAMMERMILLRUNMICHELLECTEVILLAGECTBOGEYCTFALLINGLEAFLNSPRUCELNWVILLAGECTERICCIRPUTTERSCVSOUTHWESTDRCOBBLERCVSAPOTECTUNIONCIRVILLAGECVAGUACALIENTECVVILLAGETRAILCIRPALOBLANCOLNPINEPLSF-3-NPP-NPSF-3-NPSF-3-NPSF-3-NPP-NPSF-3-NPSF-3-NPSF-3-NPLR-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-6-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-2-NPGO-NPSF-3-NPSF-3-NPSF-3-NPLR-NPSF-3-NPLR-NPSF-2-NPMF-2-NPGR-NPMF-1-NPSF-3-NPLR-CO-NPMF-1-NPMF-2-NPP-NPLR-MU-NPLR-NPSF-3-NPLR-NPLR-NPSF-3-NPSF-3-NPSF-3-NPSF-3-NPSF-6-NPSF-3-NPGR-MU-CO-NPLO-CO-NPSF-3-NPMF-2-NPMF-2-NPMF-2-NPCS-1-NPLR-NPSF-3-NPLI-CO-NPMF-2-NPSF-3-NP5209 S Pleasant Valley±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-96-0127(RCT)5209 S Pleasant Valley Rd2.3269 AcresJ16Nancy EstradaCreated: 4/3/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100FeetLeah M. Bojo lbojo@drennergroup.com 512-807-2900 Ms. Lauren Middleton-Pratt Planning Department City of Austin 1000 E 11th Street, Suite 200 Austin, TX 78702 January 24, 2024 Via Electronic Delivery Re: 5209 S. Pleasant Valley – Restrictive Covenant Termination application for the 2.3269- acre piece of property located at 5205, 5209, 5303 S. Pleasant Valley, 5302 Woodland Oaks Ct. in the City of Austin, Travis County, Texas (“the Property”) Dear Ms. Middleton-Pratt: As representatives of the owner of the Property, we respectfully submit the enclosed Restrictive Covenant Termination application package. The project is titled 5209 S. Pleasant Valley Road and is approximately 2.3269-acres of land, located on the south side of Pleasant Valley Road between Terri Road E. Stassney Lane. The Property is in the Full Purpose Jurisdiction of the City of Austin. The Property is currently zoned GO-NP (General Office – Neighborhood Plan). The Property is in the Lincoln Park Neighborhood Planning Area (NPA) of the larger Southeast Combined NPA, and it is currently developed as a Youth Center. The existing restrictive covenant (Volume 12870, Page 0547 of the Deed Record of Travis County) states that if the use of the Property as “GO” General Office is discontinued for 90 consecutive days, the owner of the property will not object to the City of Austin rezoning the Property to SF-3 (Family Residence District). The purpose of this application is to terminate the existing restrictive covenant to allow multifamily development via Affordability Unlocked Program. The SMART and Affordability Unlocked applications are in review. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Sincerely, Leah M. Bojo Director of Land Development & Entitlements cc: Joi Harden, Planning Department (via electronic delivery) 2705 Bee Caves Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com EXHIBIT B