15 SP-2014-0262C(XT3) - Lantana Block P, Lot 3 (Revision 1) (Site Plan Extension #2 of Phase 5 Only) Staff Presentation — original pdf

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PLANNING COMMISSION SITE PLAN EXTENSION REVIEW SHEET CASE NUMBER: SP-2014-0262C(XT3) PC MEETING DATE: December 10, 2024 PROJECT NAME: Lantana Block P, Lot 3 (Revision 1) (Site Plan Extension #2 of Phase 5 Only) ADDRESS: 7415 Southwest Pkwy AREA: 35.671 acres WATERSHED: Williamson Creek, Barton Creek (Barton Springs Zone) AREA STUDY: Lantana Neighborhood Park COUNCIL DISTRICT: 8 JURISDICTION: Full Purpose APPLICANT: Erin Pickens Lantana Place LLC 212 Lavaca St # 300 Austin, Texas 78701 AGENT: Richard Suttle Armbrust & Brown, PLLC 100 Congress Ave, Ste 1300 Austin, TX 78701 EXISTING ZONING: GR-MU-NP PROPOSED DEVELOPMENT: The applicant requests a three-year extension for a previously approved site plan. The approved site plan includes the existing development of phases 1-4, which contains access drives, utilities, water quality pond, retail and associated improvements, and the proposed development of phase 5, which contains (2) multi-family buildings totaling 125,801 square feet of gross floor area. The site plan was originally approved with SP-2014- 0262C and modified by the Project Consent Agreement (Ordinance No. 20200521-050). STAFF RECOMMENDATION: Staff recommends the requested three-year extension. PLANNING COMMISSION ACTION: The Planning Commission approved a three-year extension, to April 30, 2022, at the June 25, 2019 hearing. CASE MANAGER: Gabriel Guerrero Jr. Telephone: (512) 978-4658 gabriel.guerrero@austintexas.gov  PREVIOUS APPROVALS: The site plan was granted a one year administratively approved extension from April 30, 2018 to April 30, 2019 (SP-2014-0262C(XT)). The site plan was then granted a three-year Commission-approved extension to 2022 (SP-2014-0262C(XT2)). The Project Consent Agreement (Ordinance No. 20200521-050) modified the expiration date so that the site plan expired on April 30, 2024. Then a one year administratively approved extension was granted from April 30, 2024 to April 30, 2025 (SP-2014-0262C(XT1)(B)) per the Project Consent Agreement (Ord. No. 20200521-050) Part 2(C) and City Code Sec. 25-5- 62 (Extension of Released Site Plan by Director). PROJECT INFORMATION: SITE AREA: 35.671 acres MAX. BLDG. COVERAGE: 75% MAX. IMPERV. CVRG: 90% MAX. HEIGHT: 60 Ft EXIST. ZONING: GR-MU-NP PROP. BLDG CVRG: 6.37 ac. (17.85%) PROP. IMP. CVRG: 17.34 acres (48.6%) PROP. HEIGHT: 60 Ft A COMPARISON OF THE APPROVED PROJECT WITH CURRENT REGULATIONS WATERSHED ORDINANCE: This project complies with applicable watershed regulations. LAND USE: The site plan complies with all applicable zoning regulations. ENVIRONMENTAL: All environmental comments have been cleared. The design has been updated to reflect changes due to Atlas 14. TRANSPORTATION: All transportation comments have been cleared. SURROUNDING CONDITIONS: Zoning/ Land Use North: ROW, then DR (undeveloped) East: ROW, then GO (undeveloped) & GR-NP (Office) South: P-NP (Park / Lantana Neighborhood Park) West: CS-NP (Administrative / office) STREET: Southwest Pkwy W. William Cannon Dr R.O.W. varies (+/- 135’) varies (+/- 173’) SURFACING varies (+/- 112’) varies (+/- 122’) CLASSIFICATION Level 4 Level 4 NEIGHBORHOOD ORGANIZATION: Austin Independent School District Austin Lost and Found Pets Aviara HO, City of Rollingwood, Covered Bridge Property Owners Association, Inc. East Oak Hill Neighborhood Association Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Oak Hill Association of Neighborhoods (OHAN) Oak Hill Neighborhood Plan - COA Liaison Oak Hill Neighborhood Plan Contact Team Oak Hill Trails Association SELTexas Save Our Springs Alliance Sierra Club Austin Regional Group TNR BCP - Travis County Natural Resources ORDINANCE NO. 20200521-050 AN ORDINANCE ADOPTING A PROJECT CONSENT AGREEMENT WAIVING OR MODIFYING CITY CODE TITLE 25, INCLUDING CHAPTER 25-8, SUBCHAPTER A, ARTICLE 13 (SAVE OUR SPRINGS INITIATIVE), TO ALLOW CONSTRUCTION OF A MIXED USE- RESIDENTIAL PROJECT AT 7415 SOUTHWEST PARKWAY FOR A MULTIFAMILY RESIDENTIAL DEVELOPMENT IN THE EAST OAK HILL NEIGHBORHOOD PLANNING AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The City Council makes the following legislative findings: (A) Chapter 245 of the Texas Local Government Code provides that development projects are, with few exceptions, entitled to be completed under the rules and regulations in effect on the date that the first application for the project is filed. 1 (B) Project consent agreements are a tool, authorized by City Code Section 25-1-544 (Project Consent Agreements), that can be used to: (1) establish regulations for projects where vested rights are unclear; and (2) incentivize proj ects with clearly established vested rights to achieve greater compliance with current code. (C) The Development Services Department ("DSD"), in consultation with the Environmental Officer, has determined that the project consent agreement adopted by this ordinance meets threshold criteria in City Code Section 25-1-544 (Project Consent Agreements): based on contested issues regarding whether the project can develop multifamily residential under the regulations in effect at the time that the original plat was submitted. While DSD has asserted that development of multifamily residential would be considered a new project, the department finds the case to be appropriate for resolution through the project consent agreement process. (D) To address these competing claims, and achieve greater compliance with current regulations, the project consent agreement adopted by this ordinance relaxes certain provisions of current code to facilitate development of a multifamily residential project within the approved site Page 1 of 6 plan for Lantana Block P, Lot 3 (SP-2014-0262C)(the "Site Plan"), but provides greater environmental protections than would apply if a multifamily project were approved under 1984 regulations. (E) To offset the impact of development on the properties covered under this project consent agreement and achieve greater environmental protections, the agreement provides for preservation o f additional natural areas as open space and parkland, regardless of whether multifamily residential is constructed. PART 2. Based on the foregoing findings, and on recommendation of DSD and the City's Environmental Officer, the City Council approves the following Lantana Block P, Lot 3 Project Consent Agreement, referred to in this ordinance as "PCA". (A) General Conditions & Limitations. The regulatory modifications authorized under the PCA apply to development shown within the Site Plan and Lot 8 as described in Part 2 Subsection B (the "Project") and the Project shall be subject to all other restrictions set forth in the PCA. Any site plan corrections for the Project submitted in conformance with the applicable procedures at the time may develop under the terms of the PCA. Following completion of the improvements for the Project under the terms of the PCA, any further development or redevelopment is subj ect to regulations in effect on the date the development application is submitted and may not use the regulatory modifications authorized by the PCA. (B) Properties Covered by Lantana Phase 1 Section 2 PCA. The PCA includes only the following properties: (1) Lots 3, 5, and 8, Block P, LANTANA PHASE 1, SECTION 2, a subdivision in Travis county, Texas, according to the map or plat thereof recorded as Document No. 200000150 in the Official Public Records of Travis County, Texas. (C) Regulatory Modifications for the Project. Except as otherwise provided in this PCA, the Project is subject to the development regulations in effect on the date a revised Site Plan for the Page 2 of 6 property is submitted. A correction for Phases 1-4 of the Site Plan may add impervious cover up to the limitation established below. 0) Impervious Cover. Impervious cover for all development shown on the revised Site Plan shall be limited to a maximum of 17.6 acres on Lot 3 and Lot 5. 1 (2) Site Plan Expiration. City Code Section 25-5-81 (Site Plan Expiration) is modified so that the Site Plan expires April 30,2024. (3) Tree Survey. The tree survey submitted in connection with the Site Plan shall serve as the applicable tree survey for the Project, and no further tree survey will be required in connection with any Site Plan revision or correction. (D) Regulatory Modifications for Mixed-Use Development. A portion of the Project, as shown on Exhibit 1, may be developed as mixed use with multifamily residential units ("Phase 5 Development") and is not subject to any limitations on the number of multifamily units imposed by the Patton Ranch Preliminary Plan. Phase 5 Development will be developed in accordance with the following regulatory modifications. (1) Construction on Slopes: Compliance with City Code Sections 25-8-301 (Construction ofa Roadway or Driveway) and 25-8-302 (Construction of a Building or Parking Area) will notberequired. Instead, the Phase 5 Development will be allowed to construct on slopes as follows: (a) No commercial development shall exceed 65 percent cover on slopes of 10 percent to 20 percent gradient, nor 25 percent on slopes greater than 20 percent gradient provided, however, that no multi-family residential development shall exceed 65 percent impervious cover on slopes of 0 percent to 20 percent gradient, nor 25 percent impervious cover on slopes greater than 20 percent gradient. Page 3 of 6 (2) Cut Requirements. City Code Section 25-8-341 (Cut Requirements) shall be modified to allow cuts on a tract of land up to 12 feet of depth. (3) Fill Requirements. City Code Section 25-8-342 (Fit! Requirements) shall be modified to allow fill on a tract of land up to 12 feet of depth. (4) Pollution Requirements. Compliance with City Code Section 25-8-514(a) (Pollution Prevention Required) shall not be required for the Phase 5 Development. Instead, the Phase 5 Development will consist of the following: (a) Vegetated buffer areas, rain gardens, or grass-lined swales, with no calculated pollutant removal performance standards requirements associated with these buffer areas, rain gardens, and swales, may be utilized where possible at the applicant's discretion at the time of a revised site development permit application so long as natural areas are not disturbed. (b) Water quality controls have been satisfied and comply with the provisions outlined in 25-8-213 for suburban watershed classification. (5) Environmental Resource Inventory. Compliance with City Code Section 25-8-121 (Emironniental Resource Inventory Requirement) shall not be required for the Phase 5 Development. (6) Hill Country Roadway Natural Area Requirement. The Hill Country Roadway requirement that at least 40 percent of a site remain natural has been achieved through the dedication of the 3.098 acres described in Subsection (1 ) of Part E, below. However, because the 3.098 acres of City Property is not included in the Site Plan, City Code Section 25-2-1025 (Natural Area) is modified to require at least 31 percent of a site as natural area. Page 4 0f 6 Cl) Critical Environmental Features. The setbacks associated with the Critical Environmental Features identified on the Site Plan shall be applicable to the Phase 5 Development, and no additional Critical Environmental Features shall be identified or included in the Site Plan. (E) Additional Development Regulations. (1) Dedication ofLot 8. The following property, generally described in Exhibit 2 shall be deeded to the City of Austin within 180 days o f the effective date ofthis PCA: Lot 8, Block P, LANTANA PHASE 1, SECTION 2, a subdivision in Travis county, Texas, according to the map or plat thereof recorded as Document No. 200000150 in the Official Public Records of Travis County, Texas ("City Property"). The form of deed is attached as Exhibit 3 to this PCA. The City Property shall be divided as follows: (a) There will be 3.098 contiguous acres ofthe City Property that shall remain undisturbed natural area, with the exception of trails composed of crushed granite or other compacted natural material. (b) The remaining 3.228 acres of the City Property may be used for the development of park amenities and be limited to 16,600 square feet of impervious cover. (2) Parkland Dedication. Dedication of the City Property will be If the credited amount of parkland is insufficient to meet credited 4.68 acres towards the Project's future parkland dedication requirements under City Code Section 25-1-602 (Dedication of Parkland). the parkland dedication requirements for the Project, then the City will accept fees in-lieu of land and development for the remaining required parkland dedication per the fee schedule in effect at the time ofthe revised Site Plan approval. Dj Net Site Area. Prior to release of the revised Site Plan for the Project, the applicant shall dedicate additional land, as identified in Exhibit 4. The dedication of additional land, with the net site area Page 5 0f 6 available from Lot 8 and the Site Plan, will result in the Phase 5 Development and Lot 8 complying with a maximum impervious cover of 25 percent on a net site area basis. (F) Exhibits. If there is a conflict between the text of the PCA and any of the attached exhibits, the language of the PCA controls. (G) Expiration of the Lantana Phase 1 Section 2 PCA The terms of this PCA shall expire the earlier of: (1) the expiration of the Site Plan; or (2) when construction for all improvements included on the revised Site Plan for the Proj ect have been completed. (H) Project Complete For purposes of compliance with Chapter 245 0 f the Texas Local Government Code, the Project shall be deemed complete upon completion of the development described in the site development permit associated with the PCA. PART 3. This ordinance takes effect on June 1, 2020. PASSED AND APPROVED Mav 21 ,2020 § § § f%(eve dler l Mayor APPROVED: 4»?. --7 -3«lwr- ATTES?I?lAu.1.? -4. te,ch.19 <Anndt. Mordan / by City Attorney A6* ? Jannette S. Goodall U City Clerk Page 6 of 6