15 C14-86-069(RCT) - 7910 Burleson Road Staff Report — original pdf

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RESTRICTIVE COVENANT TERMINATION REVIEW SHEET CASE: C14-86-069(RCT) – 7910 Burleson Road DISTRICT: 2 ADDRESS: 7910,7920, 7914, 7914 ½ Burleson Road EXISTING ZONING: LI-CO-NP; RR-CO-NP SITE AREA: 30.18 acres PROPERTY OWNER: Felter Investments LTD (Brenda Horton) AGENT: Metcalfe Wolf Stuart & Williams (Michele Rogerson Lynch) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: Staff recommends granting a Termination of the Restrictive Covenant. ZONING & PLATTING COMMISSION ACTION / RECOMMENDATION: RESTRICTIVE COVENANT TERMINATION RECORDING NUMBER: January 14, 2025: CITY COUNCIL ACTION: ISSUES: None at this time. CASE MANAGER COMMENTS: The proposed Restrictive Covenant Termination area is comprised of approximately 30.18 acres and located north of Burleson Road, nearly half a mile west of US Highway 183. It is currently developed with two warehouse buildings that serve as office and warehouse uses but is otherwise undeveloped. The subject area was rezoned from development reserve (DR) district zoning to rural residence (RR) district zoning and industrial park (IP) district zoning in 1986. The property is currently zoned as limited industrial service – conditional overlay – neighborhood plan (LI-CO-NP) combining district zoning and rural residence – conditional overlay – neighborhood plan (RR-CO-NP) combining district zoning. 15 C14-86-069(RCT) - 7910 Burleson Road; District 21 of 18C14-86-069(RCT) Page 2 The site is surrounded by undeveloped land to the north (LI-CO-NP; CS-CO-NP). There are warehouses and an auto service use to the west (LI-CO-NP; GR-MU-NP); a warehouse and construction office to the east (IP-CO-NP; CS-CO-NP); and an industrial park to the south (LI-CO). Single family residences and mobile homes are nearby to the east within the Blue Bonnet Gardens subdivision. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View). The 1986 rezoning case included a public Restrictive Covenant that specified that the square footage of buildings located on the property could not exceed 119,000 square feet. Please refer to Exhibit B (1986 Rezoning Ordinance and Restrictive Covenant). Since 1986, the surrounding area has experienced significant growth, including the development of large warehouse buildings and an industrial park. The Applicant proposes to terminate the Restrictive Covenant to facilitate the expansion of the existing business, which currently includes two warehouse buildings totaling 41,838 square feet. The northwest portion of the property, zoned (RR-CO-NP), will not be developed due to its location within the floodplain; however, the (LI-CO-NP) portion of the property will allow for expansion. BASIS OF RECOMMENDATION: Staff supports the Restrictive Covenant Termination request. The existing office and warehouse uses are consistent and compatible with the surrounding zoning pattern since there is (LI-CO-NP) combining district zoning immediately to the west and (LI-CO) combining district zoning to the south across Burleson Road. Future expansion would be subject to current site development standards and transportation requirements; therefore, a density limit is no longer necessary. The existing conditional overlay also limits the vehicle trips to 2,000 per day. Additionally, the portion of the property zoned (RR-CO-NP) will help preserve and maintain the area’s natural environment. EXISTING ZONING AND LAND USES: Site ZONING RR-CO-NP; LI-CO-NP North LI-CO-NP; CS-CO-NP South County; LI-CO IP-CO-NP; CS-CO-NP LI-CO-NP; GR-MU-NP East West LAND USES Office-warehouse; Auto repair & warehouse; Undeveloped Undeveloped Industrial park; Undeveloped; Three single family residences Office-warehouse; Construction office; Undeveloped; Single family residences and mobile homes within the Bluebonnet Gardens subdivision Warehouse; Auto Service; Single family residence; Undeveloped 15 C14-86-069(RCT) - 7910 Burleson Road; District 22 of 18C14-86-069(RCT) Page 3 NEIGHBORHOOD PLANNING AREA: Southeast Combined (Southeast) WATERSHEDS: Onion Creek - Suburban CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: No SCHOOLS: Del Valle Independent School District COMMUNITY REGISTRY LIST: Del Valle Independent School District Del Valle Community Coalition Austin Lost and Found Pets Austin Neighborhoods Council Homeless Neighborhood Association Neighborhood Empowerment Foundation Onion Creek Homeowners Association Imperial Neighborhood Association Southeast Combined Neighborhood Plan Contact Team AREA CASE HISTORIES: Friends of Austin Neighborhoods Go Austin Vamos Austin (78744) Save Our Springs Alliance SELTexas Sierra Club, Austin Regional Group Dove Springs Proud Overton Family Committee NUMBER C14-2017-0030 – 8008 Burleson Road C14-86-141(RCT) – 8008 Burleson Road REQUEST DR-NP; W/LO-NP; IP-CO-NP to CS-NP Terminate Restrictive Covenant C14-2016-0015 – 8219 Burleson Road I-RR to LI C14-2007-0152 – 7910 Burleson Road RR-CO-NP; IP-NP; IP-CO-NP to RR-CO-NP for Tract 1 and LI-CO-NP for Tract 2 CITY COUNCIL Approved as Commission recommended (08/03/2017) Approved as Commission recommended (08/03/2017) Approved as Commission recommended (06/16/2016) Approved as Commission recommended (12/13/2007) COMMISSION To Grant CS-CO-NP w/CO for prohibited uses. (06/13/2017) To Grant termination of restrictive covenant. (06/13/2017) To Grant LI-CO w/CO for prohibited uses and a vehicle trip limit of 2,000 trips/day. To Grant RR-CO-NP for Tract 1 & LI-CO-NP for Tract 2 w/COs that establish a setback prohibiting development for 50 feet in both directions from the centerline of an open waterway and a vehicle trip limit of 2,000 trips/day. (11/13/2007) 15 C14-86-069(RCT) - 7910 Burleson Road; District 23 of 18C14-86-069(RCT) Page 4 RELATED CASES: C14-86-069 – The subject Restrictive Covenant Termination area received rural residence (RR) district zoning and industrial park (IP) district zoning on September 4, 1986. (Ord. No. 86 0904-A). ADDITIONAL STAFF COMMENTS: Site Plan Review: Site plan comments will be issued at time of site plan submittal for proposed building expansions. Depending on the nature of the expansion, the site may need to comply with Commercial Design Standards. Austin Transportation Department – Engineering Review: No comments on restrictive covenant termination. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Applicant’s Summary Letter Exhibit B: 1986 Rezoning Ordinance and Restrictive Covenant Correspondence 15 C14-86-069(RCT) - 7910 Burleson Road; District 24 of 18UNDEV SPC-02-0027C P-CO-NP C14-01-0008 SP96-0222C IP-CO-NP SP-03-0142C C14-03-0040 UNDEV 03-0039 LI-CO-NP ! ! ! ! ! ! ! ! ! ! UNDEV CS-CO-NP 03-0039 CS-NP AUTO\SALES B S Y W H 3 8 1 S U S ( 03-0012 ( ( ( ( 03-0013 ( ( ( ( ( ( B N Y W H 3 8 1 S U S AV C14-03-0039 ! ! ! ! RR-CO-NP ! ! ! ! ! ! ! ! ! ! ! ! 03-0039 86-69 2007-0152 ! ! ! ! ! ! ! 86-141 ! SP94-68C 94-24 ! ! 03-0039 ! C14-2017-0030 C14-86-141 C14-86-141(RCT) NPA-2017-0014.01 ! ! ! ! ! ! ! ! SP97-0011C O F F I C E CS-CO-NP CS-MU-CO-NP C14-03-0012 ( ( ( ( ( ( ( ( ( ( M H M H ( ( M H ( 03-0012 ( O O D L N ( N O R W ( ( ( ( ( CS-CO-NP C14-2022-0131 ( C14-2022-0042 ( CS-CO-NP ( M H C14-03-0013 ( CS-MU-CO-NP ( 03-0013 ( 03-0013 ( CS-NP ( 03-0013 NPA-2020-0014.02 C14-2020-0101 UNDEV GR-MU-NP NPA-2007-0014.01 C14-2007-0152 ! ! ! 03-0039 ! ! (VA C) O F C- W H S E ! ! ! ! ! ( ( ! ! OFFICE-WAREHOUSE 03-0039 ! ! ! 86-69 ! B ! U R L ! E S O ! N R ! D OFFICE ! ! ! ! ! IP-CO-NP UNDEV !! OFC-WHSE ( ( ( ( ( UNDEV ( R CI Y IT N G DI C14-2016-0015 LI-CO C14-2016-0111 ( ( GR-CO-NP 99-0097 LI-CO ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY Restrictive Covenant Termination ZONING CASE#: C14-86-069(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: 12/3/2024 15 C14-86-069(RCT) - 7910 Burleson Road; District 25 of 18EXHIBIT A-1 15 C14-86-069(RCT) - 7910 Burleson Road; District 26 of 18 MICHELE ROGERSON LYNCH Director of Land Use & Entitlements mlynch@mwswtexas.com 512-404-2251 Via Online Submittal November 8, 2024 Mrs. Lauren Middleton-Pratt, Director of Planning City of Austin Planning Department 6310 Wilhelmina Delco Drive Austin, Texas 78752 Re: Application for Restrictive Covenant Termination (RCT) filed as Volume 10416, Page 850 associated with Zoning Case C14-86-069 for property known as 7914 Burleson Road, Austin, Texas 78744 (the “Property”). Dear Mrs. Pratt: As representatives of the owner of the above stated Property we respectfully submit an application for Restrictive Covenant Termination. The restrictive covenant covers 30.18 acres of a Property consisting of existing office and warehouse use (see Aerial and Zoning Exhibit attached). The Property is currently zoned Limited Industrial Services Conditional Overlay Neighborhood Plan (LI-CO-NP) and rural Residential Conditional Overlay Neighborhood Plan (RR-CO-NP) and is shown as Industry in the Southeast Combined Neighborhood Plan Future Land Use Map. The restrictive covenant limits the square footage of buildings on the Property to 119,000 square feet. Since the restriction was put in place in 1986, the area has grown significantly with development including larger office/warehouse uses. The Property consists of 41,838 square feet of office/warehouse and the owner intends to expand the business. Additionally, the portion of the Property within the floodplain is covered in the RR-CO-NP portion of the Property and will not include development. The remainder of the Property zoned LI-CO-NP allows for the expansion. As there does not appear to be a current need to restrict additional density in this area and the existing zoning conditional overlay limits vehicle trips to 2,000 per day, we respectfully request the restrictive covenant be terminated. If you have any questions about this Application for Restrictive Covenant Termination or need additional information, please do not hesitate to contact me at your convenience. Thank you for your time and attention to this project. Very truly yours, Michele Rogerson Lynch 221 W. 6th Street, Suite 1300, Austin, TX 78701 • 512.404.2200 • fax 512.404.2245 • www.mwswtexas.com 15 C14-86-069(RCT) - 7910 Burleson Road; District 27 of 18 Page 2 AERIAL EXHIBIT 15 C14-86-069(RCT) - 7910 Burleson Road; District 28 of 18 ZONING EXHIBIT 15 C14-86-069(RCT) - 7910 Burleson Road; District 29 of 18sClTY OF AUSTIN, TEXAS= EXHIBIT B ORDINANCE NO. 86 Q904-A AN ORDINANCE ORDERING A REZONING AND CHANGING THE ZONING MAP ACCOMPANYING CHAPTER 13-2A OF THE AUSTIN CITY CODE OF 1981 AS FOLLOWS: TRACT 1. 25.18 ACRES OF LAND, MORE OR LESS, OUT OF THE SANTIAGO DEL VALLE GRANT, FRCM "DR" DEVELOPMENT RESERVE TO "IP" INDUSTRIAL PARK; AND, TRACT 2. 6.406 ACRES OF LAND, MORE OR LESS, OUT OF THE SANTIAGO DEL VALLE GRANT, FROM "DR" DEVELOPMENT RESERVE TO "RR" RURAL RESIDENCE DISTRICT, LOCALLY KNOWN AS 7914 HJRLESON ROAD; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. CHAPTER 13-2A of the Austin City Code of 1981 is hereby amended to change the base zoning district on the property described in File C14-86-069, to-wit: TRACT 1. Fran "DR" Development Reserve to "IP" Industrial Park. 25.18 acres of land, more or less, out of the Santiago Del Valle Grant, a portion of the 48.20 acre tract of land described in Volume 931, Page 59, Deed Records of Travis county, Texas, said 25.18 acre tract of land being a portion of the tract of land conveyed to B.M. Waters in Volume 931, Page 59 and the tract conveyed to B.M. Waters in Volume 2809, Page 114, Deed Records of Travis County, Texas, being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes; and, TRACT 2. Fran "DR" Development Reserve to "RR" Rural Residence District. 6.406 acres of land, more or less, situated in the Santiago Del Valle grant, and being out of and a part of a 30.18 acare tract (save and except 5.00 acres of land), recorded in Volune 8513, Page 105 of the Deed Records of Travis County, Texas, said 6.406 acres of land being more particularly described by metes and bounds in Exhibit "B", attached hereto and incorporated herein for all purposes, locally known as 7914 Burleson Road in the City of Austin, Travis County, Texas. PART 2. It is hereby ordered that the Zoning Map accompanying Chapter 13-2A of the Austin City Code of 1981 and made a part thereof shall be changed so as to record the change ordered in this ordinance. 15 C14-86-069(RCT) - 7910 Burleson Road; District 210 of 18=CITY OF AUSTIN. TEXAS, PART 3. The rule requiring that ordinances shall be read on three separate days is hereby suspended, and this ordinance shall become effective ten (10) days following the date of its passage. PASSED AND APPROVED § § § September 4 , 1986 § Frank C. Cooksey Mayor APPROVED: * ATTEST: * . \^&~r// ^J%2*- Paul C. Isham City Attorney // ^ James E. Aldridge- City Clerk SJS:saf 15 C14-86-069(RCT) - 7910 Burleson Road; District 211 of 18EXH/8IT FIELD NOTES FIELD NOTES foi 25.18,acres of land, more or less, out of the Santiago Del Vafre Grant, a portion of the 48.20 acre tract of land described in Volume 931. Page 59. Dead Record* of Travia County. Texas, said 25.18 acre tract of land being a portion of the tract of land conveyed to B. M. Waters in Volume 931, Page 59, and the tract conveyed to B. M. Waters in Volume 2809. Page 114, Deed Records of Travis County, Texas, being more particularly described by metes and bounds as follows; Beginning for reference at an iron pin, found,.in the Northeast Right-of-Way line of Burleson Road, at the Northwesterly corner of a tract of land conveyed to John L. Adams in Volume 6362, Page 1302, Deed Records of Travis County, Texas, and the Southwesterly corner of the tract of land conveyed to B. M. Waters in Volume 931, Page 59, Deed Records of Travis County, Texas, THENCE along the Northeast Right-of-Way line of Burleson Road, N 43* 20' W, 360.00 feet to an Iron pin, set, for the Southwest corner of subject tract;and PLACE OF BEGINNING: THENCE continuing along Burleson Road, N 43* 20' W,179.29 feet to an iron pin, found, for the Northwest corner of subject tract; THENCE two courses along the Northern boundary; 1. N 47* 05' E, 388.73 feet to an iron pin, found; 2. N 47* 13' E, 1720.56 feet to a pipe, found, for the Northeast corner of subject tract; THENCE two courses along the Eastern boundary line; 1. S 42' 59' E, 539.16 feet to an iron pin, found; 2. S 43* 13* E. 126.13 feet to a pipe found, for the Southeast corner of subject tract; THENCE five courses along the Southern boundary line; 1. S 47* II1 W, 1417.14 feet to an iron pin, found; W, 127.91 feet to an iron pin, set; 13l 05* W, 94.98 feet to an iron pin, set; " .00 feet to an iron pin, set; feet to the PLACE OF BEGINNING fores of land, more or less. N 38' S 47' N 43* 20' W S 47* 05'. contalnii I, L. Gordon Steauis, Registered Public Surveyor, do certify that the course, distances and area shown herein were deter- mines by a survey on the ground and are true and correct. No encroachments were found. Given under my HAND AND SEAL, this the 14th day of December, 1983 ordon Stearns Registered Public Surveyor No. 2467 11303 Tedford Street Austin, Texas 78753 15 C14-86-069(RCT) - 7910 Burleson Road; District 212 of 18C14-86-069 RURAL RESIDENTIAL H 0 W E L L ENGINEERS/SURVEYORS P. 0- Box 6726 1221 University Avenue Huntsvilie, Texas 7734O (409) 291-8295 THt£ STATE OH 'ItXAS: Tht COUNTY OF; TRAVIS: I, ON IN COUNTY, TEXAS. TRACT: 6.406 ACRES OF LAND RONALD E. HGWELL, RE6ISTERED PUBLIC SURVEYOR NO. 2392 QF THE STATE OF DU HEREBY CERTIFY THAT THE FOLLOWING NOTES REPRESENT A SURVEY MADE THE GROUND OF THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED BEING 6.406 acres of land, more or less, situated in the SANTIAGO iJEL VALLE GRANT, TRAVIS COUNTY, TEXAS and being out of and a part of a 30.18 acre tract (save and except 5.00 acres of land), recorded in Volume b5l3, Paqe 105 in the Deed Records of Travis County, Texas, and the said 6.406 acres of land being more particularly described as follows: BEGINNING at a point in the east line of said 30.18 acre tract from wnich an iron rod found for the northeast corner of said 30.IB acre tract dears N-42-59-00-W — 235.OO feet, said point being the lower northeast corner of this tract; ThENCE S-42-59-OO*E — 304.16 feet along and with the east line of said 30.18 acre tract to! a point., said point being an angle point in the east lme of said 30.IB acre tract and an angle point in the east 1ine of this tract; THENCE S-43-13-00-E — 45.84 feet along and with the east line of said 30.18 acre tract to a point in the east 1ine of said 3O.18 acre tract, said point being the southeast corner of this tract; THENCE across said 30.18 acre tract as follows: 1. S-70-22-39-W — 163,95 feet; 2. N-42-49-00-W — 100.OO feet; 3. S-47-11-00-W — 850.OO feet; 4. N-42-49-00-W — 27O.OO feet; tj. S-47-11-OO-W — 40.OO feet; N-42-49-00-W — 50.OO feet; 6. N-77-42-21-W — 123.22 feet to a point in the north line of 7. said 3O.18 acre tract, said point being the northwest corner of this 30. 18 tract; 15 C14-86-069(RCT) - 7910 Burleson Road; District 213 of 18THENCE N-47-13-00-E — 53O.OO -feet along and with the north line of said 3O.18 acre tract to a point, said point toeing the upper* northeast corner o-f this tract; THENCE across said S-10-44-06-W S-42-49-00-E S-47-11-00-W S-42-49-00-E N-47-11-00-E N-42-59-00-W N-76-33-20-E — 172.41 feet to the POINT OF BEGINNING. >Q. 18 acre tract as follows: 186.45 feet; 40.00 feet; 50.00 feet; 100.00 feet; 63O.OO feet; 100.00 feet; 1 D. 6. 7. SURVEYED JULY, 1986 NALDE HOW^LL, P. E: REGISTERED PUBLIC SURVEYOR 15 C14-86-069(RCT) - 7910 Burleson Road; District 214 of 1815 C14-86-069(RCT) - 7910 Burleson Road; District 215 of 1815 C14-86-069(RCT) - 7910 Burleson Road; District 216 of 1815 C14-86-069(RCT) - 7910 Burleson Road; District 217 of 1815 C14-86-069(RCT) - 7910 Burleson Road; District 218 of 18