B-08 (C8-2019-0056.0A - Westlake Heights; District 8) — original pdf

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SUBDIVISION REVIEW SHEET CASE NO.: C8-2019-0056.0A Z.A.P. DATE: July 7, 2020 SUBDIVISION NAME: Westlake Heights AREA: 2.259 acres LOTS: 3 APPLICANT: Hutson Interest, LLC AGENT: Stantec Consulting Services, Inc. (Duane Hutson) (Jennifer Leonard, P.E.) ADDRESS OF SUBDIVISION: 1608 Barclay Dr. WATERSHED: Eanes Creek / Barton Creek COUNTY: Travis County EXISTING ZONING: SF-2 JURISDICTION: Full Purpose PROPOSED LAND USE: Residential VARIANCE: A variance to L.D.C Section 25-4-33 for a Balance of Tract is requested for a neighboring unplatted property not included in the proposed subdivision. Section 25-4-33(B) requires that an applicant include all land from an original tract in a Subdivision application. Section 25-4-33(C) states that the Land Use Commission can waive this code section if the requirement is impractical. The property that is the Balance of Tract is west of the proposed subdivision, labeled as AR & JR Radio Tower #1 LP consisting of .229 acres with a cell tower use, refer to Exhibit #1 for the location of the tract. The .229 acre Balance of Tract is owned by a separate owner and the owner has knowledge of the proposed subdivision. The applicant has provided notice to the adjacent owner of the proposed subdivision and received a response to the notice. The adjacent property owner acknowledges the subdivision application, and that the .229 acre Balance of Tract should not be included in the subdivision, see Exhibit #2. Staff recommends the variance since the adjacent property owner provided acknowledgement that the .229 acre tract should not be included in the proposed subdivision, and the Balance of Tract has access to public-right-of way through a Non-Exclusive Easement Agreement, refer to Exhibit #3. The Non-Exclusive Easement Agreement which serves the entire property included in the subdivision is annotated on the plat along Barclay Drive. The applicant will also provide a Joint Use Access Easement with this plat to serve the lots included in the plat, this easement is also annotated on the plat with a note. STAFF RECOMMENDATION: If the variance is approved, staff recommends approval of the subdivision. With the variance approval, this plat would meets all other applicable State and City of Austin Land Development Code requirements. 1 of 14B-8DEPARTMENT COMMENTS: The request is for the approval of the Westlake Heights subdivision composed of 3 lots on 2.259 acres. The applicant proposes to subdivide the property for residential uses. The developer will be responsible for all cost associated with required improvements. CASE MANAGER: Cesar Zavala E-mail: cesar.zavala@austintexas.gov PHONE: 512-974-3404 2 of 14B-83 of 14B-8_________ __________________ ________ __ _________ _________________ ________ __ ____________________ _________ _________________ __________________________________________________________ ________ __ ___________ __________________ ____________________________________________________________ 1905 Aldrich Street, Suite 300 Austin, Texas 78723 Tel. (512) 328-0011 Fax (512) 328-0325 TBPE # F-6324 TBPLS # 10194230 Copyright © 2019 N LINE TABLE LINE TABLE LINE TABLE CURVE TABLE 1905 Aldrich Street, Suite 300 Austin, Texas 78723 Tel. (512) 328-0011 Fax (512) 328-0325 TBPE # F-6324 TBPLS # 10194230 Copyright © 2019 4 of 14B-8_________ __________________ ________ __ _________ _________________ ________ __ ____________________ _________ _________________ __________________________________________________________ ________ __ ___________ __________________ ____________________________________________________________ 1905 Aldrich Street, Suite 300 Austin, Texas 78723 Tel. (512) 328-0011 Fax (512) 328-0325 TBPE # F-6324 TBPLS # 10194230 Copyright © 2019 N LINE TABLE LINE TABLE LINE TABLE CURVE TABLE 1905 Aldrich Street, Suite 300 Austin, Texas 78723 Tel. (512) 328-0011 Fax (512) 328-0325 TBPE # F-6324 TBPLS # 10194230 Copyright © 2019 5 of 14B-8Stantec Consulting Services Inc. 1905 Aldrich Street, Suite 300, Austin TX 78723 October 25, 2019 File: 222011617 Attention: Mr. Cesar Zavala City of Austin -- Development Services Department 505 Barton Springs Road Austin, Texas 78704 Dear Mr. Zavala, Reference: Westlake Heights Subdivision (C8-2019-0056.0A) Variance for Balance of Tract We are requesting a variance from Subsection B of the City of Austin Land Development Code 25- 4-33, which states that “an applicant shall include all land in the original tract in an application for… plat approval.” The Westlake Heights subdivision application proposes to resubdivide an existing legal tract into three (3) single family residential flag lots by incorporating additional unplatted land. As a result of the Anita Subdivision and as described in the attached deed, a single tract from the original tract remains remain. This parcel is described in this letter as ‘AR Tract’ parcel number 0109230123. See Exhibit A attached to this letter. The director may grant a variance to Subsection (B) if the director determines the following, stated in Subsection (D): 1. Subdividing only a portion of the original tract will not substantially impair the orderly planning of roads, utilities, drainage, and other public facilities; All roads, utilities, drainage, etc. are accounted for with the sequential subdivision construction plans for Westlake Heights, submitted under Case Number C8-2019-0056.0B that is currently under review by City staff. 2. The portion of the original tract contiguous to the area to be subdivided has direct access to a public street, or the applicant has provided access to a public street by dedicating right-of-way at least 50 feet wide; Access to the AR Tract (parcel #0109230123) is currently provided as a blanket easement in Attachment A of Travis County document recorded as volume 4547 page 807. An additional access easement for the new flag lots created in this subdivision will also provide ingress/egress to the AR Tract. 3. A reasonable use of the balance of the original tract is possible; and The tract is currently used as a radio and communications tower and reasonable use is not impeded by the proposed subdivision. 4. The applicant has mailed, by certified mail, to all owner of land that is a portion of the original tract and contiguous to the land included in the application a request that each owner provide written confirmation to the director that: a. The owner’s land is not a legal lot or tract; and 6 of 14B-8October 25, 2019 Mr. Cesar Zavala Page 2 of 2 Reference: Westlake Heights Subdivision (C8-2019-0056.0A) Variance for Balance of Tract b. The owner must plat the land before the City may approve a development permit or a utility company may provide initial or additional service. A letter sent by certified mail stating the information above has been returned to the applicant stating that the owner(s) of the AR Tract do not wish to participate in the platting application. A copy of this letter has been provided to City of Austin staff, and is also provided with this request. In summary, we are requesting a variance from LDC 25-4-33(B) on the grounds that there is an existing legal lot created from the original tract, effectively deleting parcel #0109230123 from the balance of tract in its current state. The AR Tract was created by the deed TR Vol. 4547 Pg. 807 which also grants an existing blanket easement for access across the property to be platted. These existing conditions provide required access for reasonable use of the land. Additionally, the proposed access easement for the shared drive will provide defined access and easement frontage to the AR Tract. If you have any questions, please do not hesitate to contact our office. Regards, STANTEC CONSULTING SERVICES INC. Jennifer Leonard, P.E. Civil Engineer Phone: 512-328-0011 Fax: 512-328-0325 Jennifer.Leonard@stantec.com Attachments: Exhibit A: Site Location Map, Travis County Document Vol. 4547 Pg. 807, certified mail letter to AR Tract owners V:\2220\active\222011617\civil\phase_01\submittal_documents\Final Plat\4.00 U1\20191021_zavala_variance request.docx/ 7 of 14B-8EXHIBIT #1 N p a m n o i t a c o l e t i s 1 0 h x e 7 1 6 1 1 0 2 2 2 \ t i i i r b h x e \ g n w a d \ 1 0 _ e s a h p \ l i i v c \ 7 1 6 1 1 0 2 2 2 \ e v i t c a \ 0 2 2 2 \ v : M P 3 0 : 3 3 : 2 SITE LOCATION MAP N.T.S. Client/Project Title HUTSON INTEREST, LLC SITE LOCATION MAP WESTLAKE HEIGHTS Stantec Consulting Services Inc. 1905 Aldrich Street Suite 300 Austin TX 78723-3544 Tel: (512) 328-0011 www.stantec.com TBPE # F-6324 TBPLS # 10194230 Project No. 222011617 Revision 0 Reference Sheet Date 2019-03-12 Figure No. EXH 8 of 14B-8EXHIBIT #2 9 of 14B-8EXHIBIT #3 10 of 14B-811 of 14B-812 of 14B-813 of 14B-814 of 14B-8