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1 RESTRICTIVE COVENANT TERMINATION REVIEW SHEET CASE: C14-88-0137(RCT) -- Johnny Morris Multi-Family DISTRICT: 1 ADDRESS: 6402 Johnny Morris Road SITE AREA: 22.114 Acres PROPERTY OWNER/APPLICANT: LSIR (Carey Legett III) AGENT: Mahoney Engineering (Daniel Mahoney) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request to terminate the restrictive covenant. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. ZONING AND PLATTING COMMISSION ACTION/ RECOMMENDATION: July 6, 2021: CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: 1 of 18B-5C14-88-0137(RCT) 2 ISSUES: A rezoning request has been filed in conjunction with the restrictive covenant amendment (City File # C14-2021-0087). CASE MANAGER COMMENTS: The subject property is located on the east side of Ed Bluestein Boulevard between Loyola Lane and Manor Road, slightly south of Purple Sage Drive. Most of the undeveloped property is zoned GR (8.27 acres), while a small strip along the northern boundary is zoned SF-3 (0.99 acres). To the north is a residential neighborhood that is zoned SF-3 and will trigger compatibility standards. This neighborhood is primarily developed with duplex residences and LBJ High School. Immediately to the south and east is undeveloped land zoned GR-MU. A small tributary to Walnut Creek is located adjacent to the southern tract boundary; no floodplain or creek buffers are associated with this tributary. Further west are undeveloped properties zoned SF-2-CO. Immediately west of the property is Ed Bluestein Boulevard; across Ed Bluestein Boulevard are properties zoned GR-V-NP, GR-NP, and GR-MU-CO-NP. These properties include retail uses (including a grocery store), undeveloped property, and civic land uses (Boys and Girls Club). Immediately to the east is a small tributary to Walnut Creek that has 100-year floodplain and a 200' wide creek buffer centered on the tributary. East of the tributary is undeveloped land zoned SF-2-CO. Please see Exhibits A and B—Zoning Map and Aerial Exhibit. In 1988-1989, a restrictive covenant (RC) was placed on the property in conjunction with a rezoning from GR to LI-CO. The RC references SF-3 zoning across Johnny Morris Road, however there is no longer any SF-3 zoning across the street (now zoned MH). The RC requires that access to the subject tract be designed to minimize traffic conflicts with the SF-3 tract; current Code requires that all driveways be designed to minimize traffic conflicts. The RC also references a future “MoKan Expressway” alignment that was anticipated adjacent to the subject property and required right-of-way (ROW) dedication. The road was never constructed as anticipated in the 1988-1989 RC and was eventually was replaced by SH 130 further to the east. Please see Exhibits C and D- Applicant Letter and Restrictive Covenant. Staff supports the restrictive covenant termination. The termination would remove outdated conditions and make any development of the site consistent with existing Code requirements. Current Code requirements regarding driveway alignments and traffic conflicts are more detailed and restrictive than in the 1980s. It would also remove references to a roadway that is no longer planned to be constructed. BASIS FOR RECOMMENDATION 1. 2. Zoning should allow for reasonable use of the property. Granting of the request should result in an equal treatment of similarly situated properties. The proposed termination of this restrictive covenant would allow this property to be developed in a manner consistent with current Code requirements. The termination would remove requirements tied to land uses (single family, MoKan Expressway) that no longer exist in the area. 2 of 18B-5C14-88-0137(RCT) EXISTING ZONING AND LAND USES: ZONING LAND USES Site LI-CO North SF-3 South IP Single family residence Undeveloped Outdoor storage and sales East LR, MH, GR-MU-CO Undeveloped, Mobile home residential, Undeveloped West Rail ROW, P Proposed CapMetro Green Line, Civic (park) STREET CHARACTERISTICS: 3 TIA: Deferred to time of site plan, if triggered WATERSHED: Walnut Creek (Suburban) NEIGHBORHOOD ORGANIZATIONS: Agave Neighborhood Association Austin Lost and Found Pets Bike Austin Del Valle Community Coalition Friends of Northeast Austin Neighborhood Empowerment Foundation Neighbors United for Progress SELTEXAS AREA CASE HISTORIES: Austin Independent School District Austin Neighborhoods Council Colony Park Neighborhood Association Friends of Austin Neighborhoods Homeless Neighborhood Association Sierra Club, Austin Regional Group COMMISSION Staff recommendation of LI-CO (prior to amended request) COUNCIL 3/25/2021: to grant GR- MU-CO, as amended. NUMBER REQUEST LI-CO and C14- W/LO-CO to 2020- LI *amended 0091 Johnny to GR-MU- Morris CO Road Light Industrial) C14- 2018- 0117 LR, SF-3 to GR-MU-CO 12/18/18: To grant staff’s rec. of GR- MU-CO on consent, with a CO to prohibit Alt financial svs, Auto 1/31/2019: Approved GR-MU-CO as rec by 3 of 18B-5C14-88-0137(RCT) 4 (Loyola Lofts: 6420 Loyola Lane) C14-06- 0156.SH (6200 Loyola Lane) MF-3-CO, GR- MU- CO to MF-3-CO rentals/repair svs, washing (any type), Bail bond svs, Drop-off recycling collection facility, Exterminating svs, Funeral svs, Pawn shop svs, Pedicab storage and dispatch, Service station, and Custom Manufacturing & <2,000 vpd. 09/19/2006: MF-3-CO w/ max 2,000 v.p.d., max 254 d.u. ZAP, Ord # 20190131- 057 10/19/2006: Approved MF-3-CO as rec by ZAP, Ord # 20061019-062 OTHER STAFF COMMENTS: COMPREHENSIVE PLANNING Connectivity: Public sidewalks are sparse and intermittent along this portion of Johnny Morris Road, while a public transit stop is located directly in front of and across the street from the subject property. There are no bike lanes located along this portion of the street. The property is adjacent to the Walnut Creek Hike and Bike Trail system to the west. Mobility options are fair in the area due to the lack of a connecting public sidewalk system. The property is located within the Colony Park Station Neighborhood Activity Center and 1,000 linear feet from an Activity Corridor. A Neighborhood Center, the smallest center in the Imagine Austin Comprehensive Plan, has a more local focus, and is intended for doctors and dentist offices, retail shops, branch libraries, dry cleaners, hair salons, coffee shops, restaurants, and other small and local businesses to generally serve the center and surrounding neighborhoods. Imagine Austin Centers are represented by a circle or globular shape that reflects the general location where a ‘center’ should be located in the future. The center’s actual boundaries would need to be refined and clarified through a small area planning process. Regional, town, and neighborhood centers are supposed to be walkable, bikable, and supported by transit. Activity corridors are characterized by a variety of activities and types of buildings located along the roadway, and are intended to allow people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances. The following IACP policies are also relevant to this case:  LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs.  LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides community gathering spaces, parks and safe outdoor play areas for children.  HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to schools, retail, employment, community services, and parks and recreation options. The project is located within the Colony Park Station Neighborhood Center and near an Activity Corridor, which supports mixed use and multifamily uses. The property is also located near civic uses (park and hike/bike trail, a park and public elementary school) and has fair mobility options 4 of 18B-55 C14-88-0137(RCT) (a hike and bike trail and a public transit stop) and lacks a public sidewalks system to access nearby civic uses and retail and commercial uses in the vicinity. Based upon a Neighborhood Center supporting mixed use and multifamily uses, the mixed-use rezoning partially supports the policies of the Imagine Austin Comprehensive Plan. ENVIRONMENTAL 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Walnut Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: 3. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 4. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 5. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2 year storm on site. SITE PLAN SP1. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. SP2. The site is subject to compatibility standards. Along the north property line, the following standards apply: a. No structure may be built within 25 feet of the property line. b. No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line. c. No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. d. No parking or driveways are allowed within 25 feet of the property line. e. A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. SP3. Additional design regulations will be enforced at the time a site plan is submitted. SP4. This site is located within 150 feet of a wildland area, in the Wildland Urban Interface (WUI). Please see this website for more information about construction in the WUI: http://www.austintexas.gov/department/wildland-urban-interface-code 5 of 18B-5C14-88-0137(RCT) 6 TRANSPORTATION The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies a need for 120’ of right-of-way for Johnny Morris Road. A traffic impact analysis is waived, the determination is deferred to site plan application, when land use and intensity will be finalized. Existing Street Characteristics: PARKS AND RECREATION PR1: Parkland dedication will be required for the new residential units proposed by this development, condominiums with GR-MU-CO-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. WATER UTILITY AW1. The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Exhibit C. Applicant Letter D. Restrictive Covenant 6 of 18B-5P MF-3-CO C14-06-0156.SH 05-0156SH LO Y OLA LN 74-174 74-171 GR-MU-CO C14-2018-0117 73-194 731101-B LR 74-111 02-01 42.002 GR-NP P-NP SF-3 LR 74-174 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 74-120 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! LI-CO ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! R O Y M ! ! N N H JO ! ! ! ! ! ! ! ! ! ! 88-136 84-46 3 IP SP96-0194C 74-12 0 ( GR-MU-CO C14-2020-0091 E Q UIP M E N T Y A R D SF-3 LR ! ! ! ! ! ! ! ! ! ! ! ! D RIS R ! ! MH PARK 02-0056 SP-02-0324C MH C14-02-0056 SP-02-0324C ( ( SF-2 ( ( C14-2007-0182 SF-4A LUCY CV SF-4A 86-062 SF-3 R F D O H S D N A S ( 88-135 SF-3 SP-99-0055C MH 98-0156 SP-06-0211C SP-01-0313C Restrictive Covenant Termination ZONING CASE#: C14-88-0137(RCT) SF-3 GR-CO-NP GR-NP 02-0142.002 LI JUNK YARD SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ± 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 Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 5/12/2021 7 of 18B-5Legend Street Labels Zoning Review Cases- IN REVIEW Fully Developed Floodplain COA Fully Developed 25-Year COA Fully Developed 100-Year COA Master Plan 25-Year COA Master Plan 100-Year 100-Year (Detailed-AE) 100-Year (Shallow-AO,AH) 100-Year (Approx-A) 0.3 0 0.15 0.3 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 9,600 Notes 8 of 18B-5Mahoney Engineering 8201 South Congress Avenue Austin, Texas 78745 Ms. Heather Chaffin Planning Development Center 6310 Wilhelmina Delco Drive Austin, TX 78752 Reference: Restrictive Covenant Termination Request Johnny Morris 22-Acre MF 6402 Johnny Morris Road Austin, Texas 78724 Dear Ms. Chaffin, We are writing to request that the following restrictive covenants in the attached RC document be vacated: 1. “PRIOR TO RELEASE OF A SITE PLAN FOR THE PROPERTY… DEVELOPMENT OF THE PROPERTY SHALL BE DESIGNED TO MINIMIZE TRAFFIC CONFLICTS WITH THE “SF-3” ZONED TRACT ACROSS JOHNNY MORRIS ROAD.” The RC states “SF-3 tract across Johnny Morris Road”, which no longer exists. The SF-3 tract has since been rezoned to MH as seen in Figure 1. Therefore, we see the RC as having no practical value to the property and can be vacated. 2. “OWNER SHALL RESERVE 125 FEET OF RIGHT-OF-WAY FOR FUTURE RIGHT-OF-WAY OF MOKAN EXPRESSWAY… NO STRUCTURE SHALL BE ERECTED, NOR SHALL IMPROVEMENTS BE MADE WITHIN THE RESERVED RIGHT OF WAY…” Before 1985, the Mokan Expressway was envisioned to pass through to the west side of 6402 Johnny Morris Road property (Figure 2). In 1985, the plan was abandoned, and Mokan Expy became SH 130, which still impacted the project site (Figure 3). However, in 1994, SH 130 had a major alignment change that relocated it east of US 183 (Figure 4). The Mokan Expy no longer appears in the transportation master plans. The restrictive covenant is no longer applicable, therefore, should be able to be vacated. 9 of 18B-5Sincerely, MAHONEY ENGINEERING Daniel M. Mahoney, P.E. President and CEO (512) 944-4525 or 2 10 of 18B-5 Figure 1 – RC 1 Zoning 3 11 of 18B-5 Figure 2 - 1985 Figure 3 - 1994 4 12 of 18B-5 Figure 4 - 2021 5 13 of 18B-514 of 18B-515 of 18B-516 of 18B-517 of 18B-518 of 18B-5