12 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 1 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-80-135(RCT) (Springdale Road and DISTRICT: 1 E. MLK Multifamily -Public RC Termination) ADDRESS: 4613 and 4615 Springdale Road ZONING FROM: SF-6-NP TO: SF-6-NP* (Restrictive Covenant Termination) *Note: there is a concurrent rezoning request (see related cases section below) however this case does not change the zoning, it only terminates the public restrictive covenant described. SITE AREA: approximately 1.28 acres (approximately 55,757 square feet) PROPERTY OWNER: David Chapel Missionary Baptist Church of Austin AGENT: DuBois, Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Jonathan Tomko, AICP (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting termination of the restrictive covenant associated with zoning case C14-80-135. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: August 25, 2026: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: N/A CASE MANAGER COMMENTS: As stated in the applicant’s summary letter, a public restrictive covenant was recorded on the subject tract on September 26, 1980 (associated with rezoning C14-80-135). That restrictive covenant: 1) limits development of the Property to bicycle shop purpose while zoned GR 2) specifies signage restrictions, and 3) authorizes a “rollback” zoning if bicycle shop use is discontinued 12 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 11 of 7This public restrictive covenant can only be modified, amended, or terminated only by joint action by the City Council and the owner of the Property. Staff support this request to terminate the public restrictive covenant because these restrictions are unreasonable by today’s standards. The property has never been utilized as a bicycle shop, signage regulations are codified and standardized in City Code, and rollback zoning through a restrictive covenant is no longer allowed. Granting this request would support the redevelopment of the subject tract with surrounding properties under one cohesive set of development regulations. EXISTING ZONING AND LAND USES: ZONING LAND USES Site North South East West (across Springdale Rd.) SF-6-NP SF-6-NP SF-6-NP SF-6-NP SF-3-NP Undeveloped Land Undeveloped Land Undeveloped Land Undeveloped Land Two single family homes NEIGHBORHOOD PLANNING AREA: East MLK Combined (Pecan Springs-Springdale) Neighborhood Planning Area WATERSHED: Fort Branch Watershed SCHOOLS: A.I.S.D. Pecan Springs Elementary School Kealing Middle School Northeast Early College High School COMMUNITY REGISTRY LIST: Austin Neighborhoods Council, Del Valle Community Coalition, East Austin Conservancy, East MLK Combined Neighborhood Plan Contact Team, Friends of Austin Neighborhoods, Friends of Northeast Austin, Homeless Neighborhood Association, Pecan Springs/Springdale Hills Neighborhood Association, Overton Family Committee, Preservation Austin AREA CASE HISTORIES: NUMBER C14-2020-0031.SH (E. MLK Rezoning) REQUEST The Applicant is proposing to rezone approximately 2.65 acres from SF-3-NP to MF-3-NP, as amended. COMMISSION 07.14.20: To grant MF-3-NP as recommended by Staff (7-3). [Shieh- 1st, Anderson- 2nd; Llanes-Pulido, Shaw, Seeger- Nay; Azar, Kenny- Abstain; Kazi- Recuse] CITY COUNCIL 10.01.20: To grant MF-3-CO-NP on Council Member Renteria’s motion and Council Member Harper-Madison’s second on an 11-0 vote. 12 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 12 of 7C14-2019-0164 (Pecan Springs Residential) The Applicant proposes to rezone 2.40 acres from SF- 3-NP to SF-6-NP. C14-2015-0001 (Marlo Heights Rezoning) The Applicant is requesting to rezone property from SF-3- NP to MF-2-NP. C14-2007-0248 (4601 Springdale Road) The applicant is requesting to rezone property from SF-6- NP to MF-3-NP. 04.28.20: To grant SF-6-NP as requested (10-1-1-1) [Anderson- 1st, Hempel- 2nd; Seegar- Nay; Llanes- Pulido- Abstain; Kazi- Off dais] 09.08.15: To grant MF-2-CO-NP on tract 1 and SF-6-CO on tract 2 on Commissioner Steven’s motion and Commissioner Schissler’s second on a 7-0 vote, Commissioner Wilson abstained, Commissioners Seeger, Shieh, Vela, and Zaragosa were absent. Withdrawn 10.15.20: To grant SF-6-CO-NP on Council Member Pool’s motion and Council Member Tovo’s second on a 10-1 vote, with Council Member Flannigan voting nay. 10.15.15: To grant MF-2-CO-NP on tract 1 and SF-6-CO- NP on tract 2 on Council Member Gallo’s motion and Council Member Renteria’s second on a 10-0 vote. Council Member Kitchen was off the dais. N/A RELATED CASES: C14-2026-0052 (Springdale Rd. & E. MLK Multifamily Zoning) Proposal to rezone approximately 17.076 acres from SF-6-NP to MF-4-NP – this includes the subject tract in this restrictive covenant termination case. ADDITIONAL STAFF COMMENTS: Comprehensive Planning The initiation, termination or amending of a Restrictive Covenant is not under the purview of the policies of the Imagine Austin Comprehensive Plan and therefore an Imagine Austin compliance report has not been provided for this case. Environmental No comments on rezoning Fire No comments on rezoning 12 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 13 of 7 PARD – Planning & Design Review PR1: Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. As of January 1, 2024, new commercial, non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. Site Plan Site Plan staff have no objections to the proposed removal of the restricted covenant. Transportation and Public Works (TPW) Department – Engineering Review TPW-TDS staff have no objections to the proposed removal of the restricted covenant Austin Water Utility AW1. No comment for restrictive covenant release. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter 12 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 14 of 7 12 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 15 of 712 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 16 of 7David Hartman (512) 685-3409 dhartman@dbcllp.com 303 Colorado, Suite 2300 Austin, TX 78701 www.dbcllp.com June 30, 2026 Andrea Bates Acting Director, Planning Department City of Austin 6310 Wilhelmina Delco Drive Austin, Texas 78752 Re: Springdale Road and E. MLK Multifamily – Public RC Termination -- Public Restrictive Covenant Termination Application for approximately 1.28 acres located at 4613 and 4615 Springdale Road, Austin, Texas 78723 (“Property”) Dear Ms. Bates: We respectfully submit the enclosed Public Restrictive Covenant Termination application for approximately 1.28 acres located at 4613 and 4615 Springdale Road (“RC Termination Application”) as representatives of the owner of the above stated Property. The RC Termination Application is submitted to terminate the Public Restrictive Covenant covering 1.28 acres recorded on September 26, 1980, in Volume 7112, Page 2127 of the Deed Records of Travis County, Texas in connection with zoning case #C14-80-135 (“RC”). The RC includes the entire Property and sets forth the following restrictions: 1) limits development of the Property to bicycle shop purpose while zoned “GR”, 2) specifies signage restrictions, and 3) authorizes a “rollback” zoning if bicycle shop use is discontinued. Section 7 of the RC states that it can be modified, amended, or terminated only by joint action by the City Council and the owner of the Property. The Property is currently vacant, and we are proposing to terminate the RC so that the Property will no longer be subject to the RC to allow for development of a multifamily project on the Property. A related rezoning application covering land that encompasses the Property has been submitted to authorize the development of a multifamily project. If you have any questions about this application or need additional information, please do not hesitate to contact me. Very truly yours, David Hartman cc: Joi Harden, Planning Department (via electronic delivery) 6115822.2 12 C14-80-135(RCT) - Springdale Road and East MLK Multifamily - Public RC Termination; District 17 of 7