B-06 (C14-2021-0096 - Rezoning of 8500 Bluegrass Drive - City Initiated; District 10).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0096 (Rezoning of 8500 Bluegrass Dr) DISTRICT: 10 ADDRESS: 8500 Bluegrass Drive ZONING FROM: LR TO: SF-2 SITE AREA: 2.0447 acres PROPERTY OWNERS: Ken Schiller and Steve and Ivete Stowers AGENT: City of Austin - Housing and Planning Department CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends SF-2, Single Family-Standard Lot District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: July 20, 2021 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 18B-6C14-2021-0096 2 ISSUES: The property owners currently have one house on Lot 1-A and a second house on Lot 2- A. They do not plan to add any more houses to the property. Because of the location of the original Lot 8, that abutted both of their lots (please see Exhibit C), the owners re-subdivided the lots incorporating the property at 8500 Bluegrass Drive (the 2.0447 acre LR zoned portion) into Lot 1-A and Lot 2-A through subdivision case C8-2019-0196.0A. Therefore, this property is now part of Lot 1-A and part of Lot 2-A Block A, Great Hills Phase B according to Document No. 202000083 (please see Exhibit D). On March 17, 2020, the owners filed a rezoning case to downzone the 2.0447 acre area from LR to SF-2 as this area was now part of their single-family residential lots. The case was heard by the Zoning and Platting Commission on June 16, 2020 and the Commission approved the staff's recommendation of SF-2 zoning by consent (10-0, Commissioner A. Denkler-absent). The case proceeded to the City Council on August 27, 2020 and the Council approved SF-2 zoning on 1st reading only (6-5, Councilmembers P. Ellis, N. Harper-Madison, G. Casar, J. Flannigan and P. Renteria-No). After first reading, Councilmember Flannigan expressed that he wished that the rezoning request had been for LR-MU, instead of SF-2. Many of the Council members were not supportive of SF-2 zoning at this location and indicated that they were looking for a higher residential district or a mixed-use district to allow for more units in this area. On September 17, 2020, the case was heard at City Council for 2nd/3rd readings. The City Council denied the rezoning request by a vote of (5-6, with Council Members Garza, Flannigan, Casar, Ellis, Renteria and Harper-Madison - voting ‘No”). Therefore, the case failed and the property remains zoned as the LR, Neighborhood Commercial, district. Per LDC Sec. 25-2-247 - RESTRICTIONS ON NEW APPLICATIONS, because the rezoning request was denied at City Council, the owners could not file a rezoning application for the same or more intensive zoning on the property for 18 months. However, as the mayor said at the end of the discussion of this item, there was the possibility of the City Council initiating a new rezoning case for the property. The applicants contacted the staff and stated their concern that they now each have a replated lot that their personal homes sit on that remains zoned with SF-2-CO zoning and LR zoning. They reduced the number of platted lots by amending the lot for 8600 Bluegrass Drive with a portion of 8500 Bluegrass Drive and with 8508 Bluegrass Drive and the intent of their rezoning application was to align the zoning for the new lot with their existing residences. However, now because of the shape of the lot and the large retaining wall, Mr. Stowers has no access from Bluffstone Drive to his lot. The staff encouraged the owners to discuss these issues with the City Council representative for District 10, Council Member Alison Alter, to discuss their options. 2 of 18B-6C14-2021-0096 3 On April 8, 2021, the City Council initiated a rezoning for this property per Resolution No. 20210408-027 (please see Exhibit E). CASE MANAGER COMMENTS: The site under consideration is undeveloped. The properties to the north are zoned SF-2-CO and are developed with single-family residences. To the south and east, there are PUD and LO zoned tracts that contain office buildings. To the west, there is undeveloped land that was originally right-of-way area for the construction of Arterial 8. The applicant’s request to change in the intensity of land use at this site is consistent with the deletion of Arterial 8 (Forsythia Drive), a ninety-foot arterial roadway that was to connect Loop 360 to Yaupon Drive. The City of Austin’s plans to construct Arterial 8 changed, due in part to BCCP issues and with the City’s purchase of the adjoining Stennis Tract. In this request, the property owners would like to down zone this tract of land to be consistent with the SF-2-CO on the other portion of the newly re-subdivided residential lots, Lot 1-A and Lot 2-A. The owners do not plan to add any new residential structures at this location. The staff recommends SF-2 zoning as the property meets the intent of the Single-Family Residence-Standard Lot district designation and is consistent with the SF-2-CO zoning the north and west. SF-2 zoning will allow for the single-family house on this property that is compatible with the residential uses adjacent to the site. The applicant agrees with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Single-Family Residence (Standard Lot) district is intended as an area for moderate density single-family residential use, with a minimum lot size of 5,750 square feet. This district is appropriate for existing single-family neighborhoods having moderate sized lot patterns, as well as for development of additional single-family housing areas with minimum land requirements. 2. The proposed zoning should promote consistency and orderly planning. The proposed SF-2 zoning is consistent with the existing SF-2-CO zoning to the north and west. The applicant’s request to change in the intensity of land use at this site is consistent with the deletion of Arterial 8, a ninety-foot arterial roadway that was to connect Loop 360 to Yaupon Drive. 3 of 18B-6C14-2021-0096 4 3. The proposed zoning should allow for a reasonable use of the property. SF-2 zoning will allow the applicants to have consistent zoning over their platted lots. The existing single-family residences are compatible with the residential uses adjacent to site. EXISTING ZONING AND LAND USES: ZONING LAND USES Site North South East West LR SF-2-CO PUD LO SF-2-CO Undeveloped Area Single Family Residences Office (Prominent Pointe) Office (Great Hills) Single Family Residences, Undeveloped NEIGHBORHOOD PLANNING AREA: N/A TIA: Not Required WATERSHED: Bull Creek SCHOOLS: Austin I.S.D. Hill Elementary School Murchison Middle School Anderson High School NEIGHBORHOOD ORGANIZATIONS: Austin Great Hills Homeowners Association, Inc. Austin Independent School District Bike Austin Bull Creek Foundation Friends of Austin Neighborhoods Great Hills VII HOA Long Canyon Homeowners Association Mountain Neighborhood Association (MNA) Neighborhood Empowerment Foundation North Oaks Neighborhood Association SELTEXAS Sierra Club, Austin Regional Group TNR BCP-Travis County Natural Resources 4 of 18B-6C14-2021-0096 5 AREA CASE HISTORIES: REQUEST LR to SF-2 NUMBER C14-2020-0041 (Stowers and Schiller: 8500 Bluegrass Drive) COMMISSION 6/16/20: Approved the staff's recommendation of SF-2 zoning by consent (10-0, A. Denkler-absent); H. Smith-1st, D. King-2nd. CITY COUNCIL 8/27/20: Approve SF-2 zoning on 1st reading only (6-5, P. Ellis, N. Harper-Madison, G. Casar, J. Flannigan and P. Renteria-No); A. Alter-1st, D. Garza-2nd. 9/17/20: A motion was made by Council Member Alter to approve SF-2 zoning and seconded by Council Member Tovo. However, the vote was (5-6, with Council Members Garza, Flannigan, Casar, Ellis, Renteria and Harper-Madison No. Therefore, the case failed and the property remains zoned LR. 9/22/11: Approved GR-CO and RR zoning on consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison-2nd. 7/27/06: Approved PUD zoning by consent, with the following conditions: 1) Parking requirements are temporarily adjusted to the extent necessary during demolition of the existing surface parking and demolition of the existing surface parking and construction of the parking garage to allow continued occupancy of the existing building; 2) Requirements for construction sequencing are temporarily adjusted to allow construction of the parking garage and utilities to utilize the existing pond and allow construction of the new pond to occur after the garage 9/06/11: Approved the staff’s recommendation of GR-CO and RR district zoning on consent, adding Bail Bond Services to the conditional overlay as a prohibited use (5-0, S. Baldridge-absent); P. Seager-1st, C. Banks-2nd. 6/20/06: Approved staff recommendation of PUD zoning by consent (7-0, S. Hale, J. Gohil-absent); J. Martinez-1st, M. Hawthorne- 2nd. GR-CO, RR to GR-CO, RR C14-2011-0062 (Junior League Office: 8501 Bluffstone Cove) I-RR, SF-2-CO, LO, GR, PUD to PUD C814-06-0054 (Prominent Pointe II PUD: 5401, 5405, 5505 Bluffstone Lane; 8310 N. Capital of Texas Highway; Bluffstone at Bluegrass Drive 5 of 18B-6C14-2021-0096 6 utilities are completed (7-0); 1st reading 8/09/06: Approved 2nd/3rd readings for planned unit development (PUD) district zoning, including the following language in the Restrictive Covenant: Restrictive Covenant Language, Page 2, Number 8 will read, “Requirements for construction sequencing are temporarily modified to allow construction of the building, parking garage and utilities to utilize the existing pond and additional erosion and sedimentation controls to allow the construction of the new pond to occur after the garage and utilities are completed.” Vote: (7-0); B. McCracken-1st, B. Dunkerley-2nd. 1/17/02: Approved PUD on 3 readings (6-0, Wynn out of room) 10/23/97: Approved GR-CO & RR for floodplain w/conditions (7-0), subject to 25% maximum impervious cover; 1st reading 1/15/98: Approved GR-CO & RR w/ conditions (7-0); 2nd/3rd readings C814-01-0096 GR, LR to PUD C14-97-0100 SF-2 to GR 12/04/01: Approved staff’s recommendation of PUD zoning by consent (8-0, M. Casias-absent) 9/16/97: Approved GR-CO, prohibiting the following uses: Lodginghouse Residential, Administrative and Business Offices, Art and Craft Studio (Limited), Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing, Business or Trade School, Business Support Services, Commercial Off-Street Parking, Communications Services, Consumer Convenience Services, Consumer Repair Services, Drop-Off Recycling Collection Facility, Exterminating Services, Food Sales, Funeral Services, General Retail Sales (Convenience, 6 of 18B-6C14-2021-0096 7 General), Hotel-Motel, Indoor Entertainment, Indoor Sports and Recreation, Off-Site Accessory Parking, Outdoor Entertainment, Outdoor Sports & Recreation, Pawn Shop Services, Personal Improvement Services, Personal Services, Pet Services, Research Services, Restaurant (Drive-In, Fast Food), Restaurant (Limited), Service Station, Special Use Historic, Small Plant Nursery, Theater, Club or Lodge, College or University Facilities, Communication Service Facilities, Community Recreation (Private, Public), Counseling Services, Cultural Services, Day Care Services (Limited, General, Commercial), Guidance Services, Hospital Services (Limited, General), Local Utility Facilities, Safety Services, Private Primary Educational Facilities, Private Secondary Educational Facilities, Public Primary Educational Facilities, Public Secondary Educational Facilities, Residential Treatment, Telecommunication Tower, and Congregate Living (7-0) 9/16/97: Approved staff rec. of SF-2 (7-0) C14-97-0098 SF-6 to SF-2 C14r-86-193 LO to GR 9/23/86: Approved GR zoning subject to conditions (8-0) 10/23/97: Approved SF-2-CO w/ conditions (7-0), subject to 25% maximum impervious cover; 1st reading 1/15/98: Approved SF-2-CO w/conditions (7-0); 2nd/3rd readings 10/08/86: Approved GR subject to conditions (6-0); all 3 readings 7 of 18B-6C14-2021-0096 C14r-86-045 TR1: SF-2, DR to LR TR2: SF-2, DR to GR 7/01/86: Approved LR (TR1) and GR (TR2), subject to conditions (9-0) C14r-86-044 SF-2, DR to LO 7/01/86: Approved LO (7-2) RELATED CASES: C14-2020-0040, C14-97-0098 - Previous Rezoning Cases C8-2019-0196.0A, C8-81-022.08.21A - Subdivision Cases EXISTING STREET CHARACTERISTICS: 8 8/28/86: Approved LR, GR (6-0); 1st reading 1/15/87: Approved LR and GR; 2nd/ 3rd readings 10/30/86: Approved LO Name Existing ROW ASMP Required ROW Pavement ASMP Sidewalks Bicycle Classification Route Bluegrass Drive Bluffstone Lane ~58’-63’ 70’ 89’ 92’ 42’ 60’ 2 2 Yes – one side No Yes No Capital Metro (within ¼ mile) No No OTHER STAFF COMMENTS: Comprehensive Planning Resolution No. 20210408-027, explains how roadway, identified as Arterial 8 was once planned to connect Loop 360 to Yaupon Drive. However, the City of Austin and Travis County reached an agreement with the U.S. Department of the Interior' s Fish and Wildlife Service to protect two endangered species, the golden cheeked warbler and black-capped vireo, through the creation of the Balcones Canyonland Conservation Plan. The City of Austin purchased the preserve properties that resulted in the abandonment of the plans to construct Arterial 8, which includes the 2.05 acre property located at 8500 Bluegrass Drive, which is zoned commercial (LR) in anticipation of the property being located at the intersection of a major roadway, Arterial 8, and a collector street, Bluegrass Drive. The commercial zoning at this location is no longer appropriate due to the abandonment of Arterial 8. Rezoning the property to SF-2 would provide for additional housing and be in line with the prevailing zoning in the area. The property is located on the northeast corner of Bluffstone and Blueridge Drives and consists of an undeveloped 2.05-acre parcel. The property is not located within a small area plan or along an Activity Corridor or Center. Surrounding uses include large lot singe family houses to the north; to the south is a three story large office building; to the east is a medical office, vacant land, and an apartment building; and to the west is land set aside for the preserve. The request is for SF-2 zoning. 8 of 18B-6C14-2021-0096 9 Connectivity Bluffstone Drive, which dead ends at the subject property, has public sidewalks located on both sides of the street, while Blueridge Drive only has a public sidewalk in front of the medical office building. Blueridge Drive slopes sharply upward and is hilly. Blueridge Drive appears to have unprotected and unmarked bikes lanes located along both sides of the street. There is no public transit in the area. Connectivity and mobility options in the area are below average. Commercial and retail options are located over a mile away and only accessible via a car, along Loop 360 and SH 183. Imagine Austin The property is not located along or near an Activity Center or Corridor. Based on the comparative scale of this site relative to mix of uses in the area, including residential but below average mobility and connectivity options in the area, this project only partially supports the Imagine Austin Comprehensive Plan. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Bull 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. The site is in the Desired Development Zone. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: Development Classification % of Gross Site Area % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 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. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2-year storm on site. 9 of 18B-6C14-2021-0096 10 At this time, no information has been provided as to whether this property has any ls that preempt current water quality or Code requirements. Parks and Recreation Parkland dedication will be required for any new residential units proposed from this rezoning, single family with SF-2, at the time of subdivision or site plan, per City Code § 25- 1-601. Any fees in-lieu paid to satisfy parkland dedication 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 parkland dedication requirements. Site Plan Site plans are required for any new development other than single-family or duplex residential. INFO. Note subject property is within the Wildland Urban Interface (WUI); additional comments from Austin Fire Department should be expected for any proposed development. Transportation The Austin Strategic Mobility Plan (ASMP) adopted 04/11/2019, calls for 70 feet of right- of-way for Bluegrass Drive and 92 feet of right-of-way for Bluffstone Lane. It is recommended that 35 feet of right-of-way from the existing centerline should be dedicated for Bluegrass Road and 46 feet of feet of right-of-way from the existing centerline should be dedicated for Bluffstone Lane according to the Transportation Plan at the time of subdivision and/or site plan application, whichever comes first. Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan/subdivision application. A traffic impact analysis shall be required at the time of site plan if trigger per LDC 25-6-113. Water Utility 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 10 of 18B-6C14-2021-0096 11 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 Map C. Previous Subdivision Layout – Case C8-81-022.08.21A: Document 20000035 D. Current Subdivision Case C8-2019-0196.0A: Document No. 202000083 E. Resolution No. 20210408-027 F. Correspondence from Interested Parties 11 of 18B-6DR S P I C E W O O D S P R I N G S R D MF-3 SF-2 93-0113 ANNEX 911219-U CYRILLA DR DR S P U R F L O W E R C V ( ( SF-2 ( ( ( EXHIBIT A PUD ( SP U R FL O W E R D R 99 0 97-0 85-028 C814-06-0054 97-0098 PUD C814-06-0054 C814-06-0054 97-0098 C814-06-0054 4 5 0 6 - 0 4 - 0 1 8 C 9 7 - 0 0 9 8 SF-2 DR A L A T A C V 97-0099 SF-2-CO C14-97-0099 B L U E G R A S S D R SF-2-CO C14-97-0098 97-0098 C 8 1 4 - 0 6 - 0 0 5 4 SF-6 C14-85-028 85-028 I-RR UNDEV SF-3 AG LO C14-02-0096 SPC-02-0038A ! ! ! ! ! ! ! ! ! ! ! ! ! LR ! B L U ! F F S T ! ! ! ! ! ! O N ! E L N ! ! ! C814-01-0096 R86-045 R86-044 LO 79-133 PUD V E C N B L U F F S T O 97-0100 GR-CO C14-2011-0062 C14-97-0100 RR 97-0100 97-0100 C814-06-0054 PUD GR-CO SP-06-0452D C814-06-0054 86-193 PUD OFFICE SPC-06-0026C 84-170 SF-2 S H A X B W Y S W S H A X B Y N PIT A L O F T E PIT A L O F T E A N C A N C MF-3 71-115 S P I C E W O O D S P R I N G S R D P ( A D I R ( O N ( D A C K C V SF-2 MF-2 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2021-0096 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: 5/26/2021 12 of 18B-6G33 PUD H33 SF-2 SF-2 EXHIBIT B DR SF-2-CO B L U E G R A S S D R SF-2-CO SF-6 C14-2020-0041 LR H32 B L U F F S T O N E L N G32 I-RR LO V E C N B L U F F S T O GR-CO PUD RR PUD GR-CO Copyright nearmap 2015 ± 1'' = 200' REZONING OF 8500 BLUEGRASS DRIVE SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0096 8500 BLUEGRASS DR. 2.05 ACRES H32 Sherri Sirwaitis This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 13 of 18B-6EXHIBIT C 14 of 18B-615 of 18B-6EXHIBIT D 16 of 18B-6EXHIBIT E RESOLUTION NO. 20210408-027 WHEREAS, a roadway known as Arterial 8 was once planned to connect Loop 360 to Yaupon Drive; and WHEREAS, the City ofAustin and Travis County reached an agreement with the U. S. Department of the Interior' s Fish and Wildlife Service to protect two endangered species, the golden cheeked warbler and black-capped vireo, through the creation of the Balcones Canyonland Conservation Plan (BCCP); and WHEREAS, the City and County purchased property to provide endangered species habitat to mitigate the effects of existing and future development; and WHEREAS, the purchased preserve properties resulted in the abandonment of the plans to construct Arterial 8; and WHEREAS, the property located at 8500 Bluegrass Drive was zoned commercial (LR) in anticipation of the property being located at the intersection of a major roadway, Arterial 8, and a collector street, Bluegrass Drive; and WHEREAS, commercial zoning at this location is no longer appropriate due to the abandonment of Arterial 8; and WHEREAS, rezoning the property to SF-2 would provide for additional housing and be in line with the prevailing zoning in the area; NOW, THEREFORE, Page 1 of 2 17 of 18B-6BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: The City Manager is directed to initiate the rezoning of the property located at 8500 Bluegrass Drive from LR (Community Commercial) to SF-2 (Single Family Standard Lot) zoning. ADOPTED: April 8 , 2021 ATTEST: 1<.4 (54 Flv J*nette S. Goodall City Clerk Page 2 of 2 18 of 18B-6