B-10 (C8-2020-0160.0A - Sand Beach Overlook Subdivision; District 9).pdf — original pdf

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SUBDIVISION REVIEW SHEET CASE NO.: C8-2020-0160.0A COMMISSION DATE: May 18, 2021 SUBDIVISION NAME: Sand Beach Overlook Subdivision ADDRESS: 1505 W 3rd Street APPLICANT: Steve Ogden AGENT: LandDev (Nick Brown) ZONING: LI-CO-NP NEIGHBORHOOD PLAN: Old West Austin AREA: 0.947 acres (41,251 sf) LOTS: 1 COUNTY: Travis DISTRICT: 9 WATERSHED: Lady Bird Lake JURISDICTION: Full Purpose SIDEWALKS: Sidewalks will be constructed on site. VARIANCES: A variance from LDC § 25-4-171, which requires each lot in a subdivision abut a dedicated public street. DEPARTMENT COMMENTS: The request is for the approval of Sand Beach Overlook Subdivision, consisting of one lot on 0.947 acres, and a variance from LDC § 25-4-171, which requires each lot in a subdivision abut a dedicated public street. The applicant’s variance request is attached as Exhibit D. Austin Transportation Department’s (ATD) support for the variance request is attached as Exhibit E. Staff recommends approval of the plat and variance, subject to the condition listed in the attached comment report. After the condition is met, the plat and variance will comply with LDC 25-4-84(B). The condition includes recording the joint use access easement either prior to or concurrently with the plat. This is an administrative action that requires no discretionary review. An application that has been approved with conditions may be updated to address those conditions until the application expires and the plat and variance does not need to be heard before the Commission again. STAFF RECOMMENDATION: Staff recommends approval of the plat and variance, subject to the condition listed in the comment report dated May 12, 2021, and attached as Exhibit C. CASE MANAGER: Jennifer Bennett-Reumuth PHONE: 512-974-9002 E-mail: jennifer.bennett-reumuth@austintexas.gov ATTACHMENTS Exhibit A: Vicinity map Exhibit B: Proposed plat Exhibit C: Comment report dated May 12, 2021 Exhibit D: LDC § 25-4-171 variance request from applicant Exhibit E: ATD staff support for LDC § 25-4-171 variance request B-101 of 42N56°24'31"W 1.32' (N54°44'W 1.30') BM #2 L30 L19 8 2 L 4.73' W. 5TH STREET S65°42'15"E 98.10' 93.37' L29 1908 7 2 L R E T N E K C E E R C N 7 7 ° 0 0 ' 4 7 " E 1 4 2 . 9 6 ' ( N 7 9 ° 3 5 ' E 1 4 2 . 7 5 ' ) S65°44'13"E 62.34' (S63°10'E 62.25') 3/8" L13 5/8" MWM S66°15'13"E 192.18' (S63°41'E 191.90') L12 C2 S65°12'13"E 48.27' (S62°38'E 48.20') N65°35'15"W 409.53' (N63°13'W) 6' E T I E 3 .5 C 2 N 1 " W 3 E R 8'2 E F 4 ° 4 E 5 R S 4 1 L 1 1 L T E E R T L S U A P N65°35'15"W 394.93' 1 2 L BM #3 3/8" L9 3 L L2 L17 S22°23'08"W 112.00' (S25°01'W 116.20') 1"E 3'5 5' 0.4 1 ° 2 1 2 1 N 5/8" N22°13'51"E 2.11' SITE LOCATION FEMA ZONE AE BASE FLO ELEVATION 443' (PER FEMA MAP 48453C0445J) (100 YEAR FLO DPLAIN) O OD W . C E S A R C H FEMA ZONE AE BASE FLO ELEVATIO (PER FEMA MAP 48453C0445J) (100 YEAR FLO N 443' ODPLAIN) OD A V E Z S T R E E T L18 X X BM #1 L26 T E E R T R S E L S S E R P 6 1 L 5 1 L L4 L5 N65°35'15"W 1875.04' TOTAL SAND BEACH RESERVE LINE (N63°13'W 1875') N65°35'15"W 350.80' 5/8" L23 L1 2 2 L TF 4 2 L L25 6 L 7 L L32 RESERVE ROAD FEMA ZONE AE BASE FLO ELEVATIO (PER FEMA MAP 48453C0445J) N 443' (100 YEAR FLO ODPLAIN) OD N.T.S A L C O N N D D E V GN N I S U L T C3 S08°38'18"W 46.34' S35°18'14"W 40.33' S22°24'58"W 45.30' FEMA ZONE AE BASE FLO ELEVATION 443' (PER FEMA MAP 48453C0445J) (100 YEAR FLO DPLAIN) O OD FEMA ZONE AE BASE FLO ELEVATIO (PER FEMA MAP 48453C0445J) N 443' (100 YEAR FLO ODPLAIN) OD llc consulting, 4201 WEST PARMER LN., SUITE C-100 AUSTIN, TX 78727 ∙ OFFICE: 512.872.6696 FIRM NO. 16384 SAND BEACH OVERLOOK SUBDIVISON SITE LOCATION MAP y a k c m r , M P 6 5 : 1 , 0 2 0 2 , 1 0 r e b o t c O l l , g w d . t a p - n e d g o _ p a m _ n o i t a c o _ e t i s \ s t i b h x E D A C A _ 3 0 \ r e s s e r P 0 0 3 6 0 0 \ l i . 2 0 3 4 0 2 \ s 0 0 0 0 2 \ : Q B-102 of 42B-103 of 42B-104 of 42CITY OF AUSTIN –DEVELOPMENT SERVICES DEPARTMENT SUBDIVISION APPLICATION – MASTER COMMENT REPORT CASE NUMBER: UPDATE: CASE MANAGER: C8-2020-0160.0A U1 Jennifer Bennett-Reumuth PHONE #: 512-974-9002 PROJECT NAME: LOCATION: Sand Beach Overlook Subdivision 1505 W 3RD ST SUBMITTAL DATE: May 3, 2021 FINAL REPORT DATE: May 12, 2021 STAFF REPORT: This report includes all staff comments received to date concerning your most recent subdivision application submittal. The comments may include requirements, recommendations, or information. The requirements in this report must be addressed by an updated submittal. The subdivision application will be approved when all requirements from each review discipline have been addressed. If you have any questions, concerns or if you require additional information about this report, please contact your case manager at the phone number listed above or by using the contact information listed for each reviewer in this report. Any change to the plan/plat shall not cause noncompliance with any applicable code or criteria. In addition, any change to the plat may trigger new comments. UPDATE DEADLINE INFORMATION (LDC 25-4-56; 25-4-82): All comments must be addressed by filing an updated submittal prior to the update deadline of December 31, 2021. Otherwise, the application will expire. If this date falls on a weekend or City of Austin holiday, the next City of Austin workday will be the deadline. Extension of Review Period, Extension of Update Deadline and Tolling of Application Period do not apply to applications for preliminary plan, plat or subdivision construction plans (LDC 25-1-88; 25-1-89; 25-1- 90). UPDATE SUBMITTAL INSTRUCTIONS (LDC 25-1-83): 1. Applicants must make an appointment with Intake Staff (974-1770) in order to submit an update. 2. Your update must include the following items: a. This report b. The revised plat/plan in pdf format c. A letter that addresses each comment in the master comment report 3. Updates must be submitted on an approved submittal date, between the hours of 8:30 am and 4:00 pm. Refer to the submittal calendar for a list of approved submittal dates. REVIEWERS: Planner 1: Cindy Edmond Subdivision: Jennifer Bennett-Reumuth B-105 of 42ATD Engineering Review - Bryan Golden - 512-974-2426 ATD 1. ATD recommends approval for a commission granted variance request from LDC 25-4-171. Please note that a variance review fee has been assessed. U1: Comment cleared. Drainage Engineering Review - Jay Baker - 512-974-2636 Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. DATE: 5/3/21 UPDATE NO. 1 COMMENTS GENERAL COMMENTS DE 1. CLEARED FLOODPLAIN DE 2. CLEARED ENGINEER’S REPORT DE 3. CLEARED DE 4. CLEARED PLAT NOTES DE 5. CLEARED DE 6. CLEARED Signoff: 5/3/21 Hydro Geologist Review - Eric Brown - Eric.Brown@austintexas.gov HG1U_0 Please add a note stating “This project is located within the Edwards Aquifer Recharge Zone as defined by The City of Austin Land Development Code 25.8-2 (D)(5).” Update 1 – Comment Cleared PARD / Planning & Design Review - Scott Grantham - 512-974-9457 Update 1: PR1. Per the application, this appears to be a Commercial-only subdivision, with no residential units or hotel rooms. Please confirm. U1: The applicant’s plan for this subdivision is multifamily. Parkland requirements will be deferred to the time of site plan, and a note added to the coversheet to indicate this. Comment cleared. B-106 of 42PR2. Please confirm that there is no proposed vehicular access through parkland. U1: Comment cleared. Subdivision Review - Jennifer Bennett-Reumuth - 512-974-9002 SR 1. This property does not have frontage to a public road. Per LDC § 25-4-171, each lot in a subdivision must abut a dedicated public street. Applicant is seeking a variance from this requirement from the Land Use Commission. NOTE: The Joint Use Access Easement (JUAE), which provides access to the property from Paul Street, will need to be finalized and recorded either prior to or concurrently with the plat. Water Quality Review - Jay Baker - 512-974-2636 Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. DATE: 5/3/21 UPDATE NO. 1 COMMENTS WQ 1. CLEARED Signoff: 5/3/21 End of report B-107 of 42Alecia M. Mosadomi Attorney Direct: 512.479.1143 Fax: 512.479.1101 alecia.mosadomi@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, TX 78701 February 4, 2021 VIA E-MAIL (Martin.Laws@austintexas.gov) Martin Laws Senior Planner Development Services Department Land Development Planning & Engineering Division 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Re: Sand Beach Overlook Subdivision (C8-2020-0160.0APA) of 1505 W. 3rd Street, Austin, TX (the “Property”); Request for Variance from Public Roadway Frontage Requirement Dear Martin: The owner of the Property (the “Owner”) is seeking a variance from §25-4-171 of the Land Development Code, which requires that the Property abut a dedicated public street. Owner is seeking a variance to this requirement because Owner will provide an alternative means of access to the Property in lieu of providing public roadway frontage. Much of the apparent roadway fronting the Property (3rd Street) was purchased for right of way that was never constructed and now appears to be encumbered with Union Pacific Railroad (fka International and Great Northern Railroad) easements. As a result, Owner has entered into a joint use access agreement with the neighboring property owners (enforceable by the City), which will provide direct access from the Property to the nearest public road (Paul Street). A copy of the agreement is attached here. *We are waiting to receive Sprint’s signature in the mail. Per § 5.1.0 of the Transportation Criteria Manual (“TCM”), driveways are intended to assure that access is provided to abutting private property with a minimum of interference with the free and safe movement of vehicular and pedestrian traffic and to prevent traffic congestion arising from vehicular entry to or exit from abutting private property. We believe such a variance is reasonable, will have no detrimental impact to the City or surrounding uses, and will leave the site with comparable access to a public road that furthers the objectives set forth in the TCM. Thank you for considering this variance request and please let me know if you have any questions or require anything further. HB: 4843-6500-8089.3 Husch Blackwell LLP B-108 of 42 February 4, 2021 Page 2 Kindest regards, Alecia M. Mosadomi Encl.: Joint Use Access Area Sketch and Joint Use Access Easement cc: Jennifer.Bennett-Reumuth@austintexas.gov HB: 4843-6500-8089.3 Husch Blackwell LLP B-109 of 42 February 4, 2021 Page 3 SKETCH OF JOINT USE ACCESS AREA HB: 4843-6500-8089.3 Husch Blackwell LLP B-1010 of 42B-1011 of 42B-1012 of 42B-1013 of 42B-1014 of 42B-1015 of 42B-1016 of 42B-1017 of 42B-1018 of 42B-1019 of 42B-1020 of 42B-1021 of 42B-1022 of 42B-1023 of 42B-1024 of 42B-1025 of 42B-1026 of 42B-1027 of 42B-1028 of 42B-1029 of 42B-1030 of 42B-1031 of 42B-1032 of 42B-1033 of 42B-1034 of 42B-1035 of 42B-1036 of 42B-1037 of 42B-1038 of 42B-1039 of 42B-1040 of 42 TO: CC: FROM: DATE: M E M O R A N D U M Members of the Planning Commission Jennifer Bennett-Reumuth, Case Manager, DSD Bryan Golden, Program Manager (Central), Austin Transportation Department April 20, 2021 Sand Beach Overlook Subdivision (C8-2020-0160.0A) Variance of Title 25, Section 24-4-171 SUBJECT: RECOMMENDATION: Approval The applicant for the above referenced subdivision is requesting a variance to Title 25 of the Land Development Code (LDC) Section 25-4-171 which requires each lot in a subdivision abut a dedicated public street. Per LDC 25-4-171, (A) Each lot in a subdivision shall abut a dedicated public street.(B) Chapter 25-6, Article 6 (Access to Major Roadways And In Certain Watersheds) governs access to a lot:(1)on a roadway designated as a major arterial, freeway, parkway, or expressway in the transportation plan or in a roadway plan approved by the appropriate county; or(2)on a Hill Country Roadway. In consideration of this request; (A)The Land Use Commission shall grant a variance from a requirement of Article 3 if the Land Use Commission determines that enforcement of the requirement will make subdivision of a tract of land impractical and deny the owner all reasonable use of the land. The proposed tract is located within the City of Austin’s full purpose jurisdiction along the south side of the Missouri Pacific Railroad and east of the terminus of Paul Street. The tract is comprised of one commercial lot on .947 acres. A site plan for a mixed-commercial development at this location is currently under review by City of Austin staff. Staff recommends approval of the variance for the following reasons: • The proposed Joint Use Access Easement with two adjacent tracts will provide access to a public roadway (Paul Street) for Lot 1. • The site has operated historically without public roadway frontage. • Alternative access is not viable due to existing parkland to the south and railroad encumbrances along the northern boundary of the property. • Paul Street is a low volume Level 1 street and it is anticipated that it will be able to accommodate additional trips generated by development of these lots. • Denial of this variance request may place an undue hardship on the subject commercial property as it may be rendered undevelopable and would require a redesign of the site. B-1041 of 42• ATD Transportation Development Services staff has not received any expressed concerns from the neighborhood group nor any opposition to the applicant’s request for this variance. If you should have any questions or require additional information, please feel free to contact me at (512) 974-2426 Respectfully, Bryan Golden Program Manager, Transportation Development Services Austin Transportation Department B-1042 of 42