B-02 C14-2021-0136 - 2609 and 2611 Davis Lane; District 5.pdf — original pdf

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ZONING CHANGE REVIEW SHEET TO: SF-3 DISTRICT: 5 Lots 1 and 2, Charles Hoffman Subdivision CASE: C14-2021-0136 – 2609 and 2611 Davis Lane, ZONING FROM: SF-2 ADDRESS: 2609 and 2611 Davis Lane SITE AREA: 0.73 acres (31,799 square feet) PROPERTY OWNER: Doors Development Gold LLC c/o Jeffery Davis (Prashant Vank) AGENT: Land Answers, Inc. (Jim Wittliff) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence (SF-3) district zoning. For a summary of the basis of Staff’s recommendation, see page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: October 5, 2021: CITY COUNCIL ACTION: November 4, 2021: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The subject rezoning area consists of two platted lots, is located on the south side of Davis Lane between Leo Street and Collingwood Drive, and zoned single family residence - standard lot (SF-2) district. There is one single family residence on the west lot and the east lot is undeveloped. This segment of Davis Lane contains an undeveloped tract and single family residences on lots annexed into the City limits in the mid-1980s. There are single family residences and an undeveloped tract to the north (SF-2), single family residences on large lots to the east (SF-1), single family residences and a two-family residence on large lots to the south (SF-2; SF-3-CO; DR), and single family residences and two manufactured homes on lots to the west (SF-2). Please refer to Exhibits A (Zoning Map) and A-1 (Aerial Exhibit). 1 of 11B-2C14-2021-0136 Page 2 The Applicant has requested family residence (SF-3) district zoning in order to build a two- family residence on each lot. This would allow for one single family residence, plus a second detached unit not to exceed 1,100 square feet or a floor-to-area ratio of 0.15 : 1, whichever is smaller on each lot. The detached unit is limited to 2 stories or 30 feet in height, and 550 square feet on the second story, if any. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation may be applied to a use in an existing single-family neighborhood with moderate sized lots or to new development of family housing on lots that are 5,750 square feet or more. A duplex use that is designated in an SF-3 district is subject to development standards that maintain single-family neighborhood characteristics. 2. The requested SF-3 zoning would allow for four residences on the two lots. Staff recommends the Applicant’s request because the tract meets the intent of the SF-3 district as it fronts on a residential section of Davis Lane and is located within an existing residential neighborhood. EXISTING ZONING AND LAND USES: Zoning changes should promote compatibility with adjacent and nearby uses. Site North South ZONING SF-2 SF-2 SF-2; SF-3-CO; DR East SF-1 West SF-2 LAND USES One single family residence; Undeveloped Single family residences; One undeveloped tract Single family residences; Undeveloped lot; Two-family residence Single family residences on large lots in the Castlewood Annex subdivision Single family residences; Two manufactured homes TIA: Is not required NEIGHBORHOOD PLANNING AREA: Not Applicable WATERSHED: South Boggy Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Cowan Elementary School Bailey Middle School SCENIC ROADWAY: No Akins High School 2 of 11B-2C14-2021-0136 Page 3 COMMUNITY REGISTRY LIST: 97 – Castlewood - Oak Valley Neighborhood Association 511 – Austin Neighborhoods Council 627 – Onion Creek Homeowners Association 742 – Austin Independent School District 1228 – Sierra Club, Austin Regional Group 1343 – Oak Hill Trails Association 1424 – Preservation Austin 1443 – Shiloh Oaks Neighborhood Association 1531 – South Austin Neighborhood Alliance 1550 – Homeless Neighborhood Association 1559 – Palomino Park HOA 1616 – Neighborhood Empowerment Foundation 1774 – Austin Lost and Found Pets AREA CASE HISTORIES: 1429 – GO! Austin/Vamos! Austin (GAVA)-78745 1596 – TNR BCP – Travis County Natural Resources 1363 – SEL Texas 1530 – Friends of Austin Neighborhoods REQUEST SF-2 to SF-3- CO, w/CO prohibiting duplex use SF-2 to SF-1 COMMISSION To Grant SF-3-CO w/an additional -CO to require a 25-foot rear setback To Grant CITY COUNCIL Apvd SF-3-CO as Commission recommended (10-9-2018). Apvd (8-21-1997). NUMBER C14-2018-0060 – Leo Street Residential – 8707 Leo Street C14-97-0066 – Castlewood-Oak Valley Neighborhood Association – 2211 - 2605 Toulouse Dr at Queenswood Dr RELATED CASES: The rezoning area is platted as Lots 1 and 2, Charles Hoffman Subdivision, a subdivision approved in June 1959 (C8S-59-076). EXISTING STREET CHARACTERISTICS: Name ROW Pavement Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) Yes Shared Lane Davis Lane 60 feet 20 feet Level 3 Yes 3 of 11B-2C14-2021-0136 Page 4 OTHER STAFF COMMENTS: Comprehensive Planning This rezoning case is located on the south side of Davis Lane, and consists of two lots, totaling 0.73 acres in size. One lot is undeveloped while the other has a single-family house on it. The property is not located within a small planning area or along or near an Activity Center or Corridor. However, West Gate Boulevard is a major arterial in this area of Austin and is located approximately a half-mile driving distance from the subject property. Surrounding land uses include single family housing in all four directions. The proposal is to change the zoning from SF-2 to SF-3 to permit two-family residential uses on the lots. Connectivity This section of Davis Lane is narrow and includes a public sidewalk located on one side of the street. A public transit stop is located approximately 200 feet from the subject property. There is an unprotected bike lane and complete sidewalks going west on Davis Lane, near Leo Street. The Ellen Higgins Pocket Park is located approximately 1,000 feet walking distance from the subject property. The mobility options in the area are average, while connectivity options are only fair because most uses beyond residential and the pocket park are located over a half-mile from the subject property, including a public school and a convenience store. Imagine Austin The Imagine Austin Comprehensive Plan (IACP) does not designate this area as being along or near an Activity Center or Activity Corridor. The following Imagine Austin policies are applicable to this case: • LUT P3 Promote development in compact centers, communities or along corridors that are connected by roads and transit, are designed to encourage walking and bicycling, and reduce healthcare, housing and transportation costs. • 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. Based upon other residential uses in the area; providing additional missing middle housing units; but average mobility but fair connectivity options in the area, this project partially supports the Imagine Austin Comprehensive Plan. Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development 4 of 11B-2C14-2021-0136 Page 5 Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the South Boggy 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. Impervious Cover The maximum impervious cover allowed by the SF-3 zoning district would be 45%, which is based on the more restrictive zoning regulations. PARD – Planning & Design Review Parkland dedication will be required for the new residential units proposed by this development, single family with SF-3 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 5 of 11B-2C14-2021-0136 Page 6 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. Site Plan and Compatibility Standards This project will be subject to Subchapter F and will be reviewed by the Residential Review division. Rezoning from SF-2 to SF-3 does not trigger the application of compatibility standards. For duplex residential site plans, the applicable building standards are outlined below: Breakdown by square footage for living area/garage/patio/porch is required on duplex. Setbacks for duplex residential: • Anything that juts more than 5 feet into a setback must be fireproofed. Standard side setback is 5 feet with a maximum allowable 2-foot overhang. The overhang cannot have any openings, soffit vents, windows, etc. • Setbacks between buildings is 10 feet (5 feet on each side). Any encroachment into this setback must be fireproofed. • Nothing can encroach into a 2-foot setback. Austin Transportation Department Comments ASMP Assessment The Austin Strategic Mobility Plan (ASMP) calls for 74 feet of right-of-way for Davis Lane. It is recommended that 37 feet of right-of-way from the existing centerline should be dedicated for Davis Lane according to the Transportation Criteria Manual with the first subdivision or site plan application [LDC 25-6-51 and 25-6-55]. Transportation Assessment A traffic impact analysis is not required for this site. Austin 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 approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. 6 of 11B-2C14-2021-0136 Page 7 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 A-1: Aerial Map Correspondence Received 7 of 11B-2S E A JA Y D R SF-6-CO C14-99-0033 MF-2-CO ( RR D N B IO P O C A 07-0014 ( P O P S W AY SF-6-CO C14-07-0014 ( SF-3 ( ( ( ( ( ( ( ( G ETTYSBU R G D R ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( AV O CET D R ( ( ( ( ( ( SF-3 ( ( ( ( IRIS H B E N ( ( ( ( ( ( ( SF-2 ( ( ( C A L A B A S ( H C V ( ( ( ( ( ( ( ( ( ( ( SF-2 79-228 ( ( ( ( ( ( ( ( C A M E R O ( N L O O P SF-2 ( ( MOBILE\HOM E\PARK = = = V RIE C = = R A E C L P P A = 97-0155 = = = = 97-0155 SF-3 = = C14-97-0155 ( ( R D D ( D R R E T M U T S R O F ( ( ( ( ( R N D O D IX ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( P 97-0155 82-27282-272 ( ( C14-2019-0017 MH = 97-0155 = PARK 97-0155 ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( 79-251 R E D G Y RID ( ( ( R A MIN E S ( ( ( ( ( ( ( SF-2 ( ( ( ( ( M O NITO ( R D R ( ( ( ( ( SF-2 ( ( ( ( ( ( ( SWEET CLOVER DR ( ( ( ( ( ( ( ( ( G E C V ( ( K E A R S A R ( ( 79-251 SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( R E D G R A S R A E K ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R A D M A B A L A ( ( ( ( ( ( Y W PUD P FIE L D P K M C A PUD ( SF-2 ( ( ( PUD 93-0147 PUD H A Z E N L N PUD P ( ( SF-2 ( ( ( SF-2 ZEKE BND SF-2 ( ( ( ( ( ( ( ( DAVIS LN ( ( ( ( ( ( ( ( ( ( ( ( ( G E E S T ( ( 97-0155 ( ( ( ( N Y L B B O B ( ( ( ( ( ( ( G UID ( ( SF-2 ( E P O S ( T T R L ( SF-2 ( ( C H E N E Y C V 97-0155 ( ( ( ( ( ( ( ( ( ( ( ( S S A R P E G BIN E U H ( ( 97-0155 ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( SF-2 ( ( ( ( R W D ( E L R U C ( ( ( ( ( ( ( SF-2 ( ( ( ( R TAIL D ( G A W ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( 83-272 ( ( ( C H E ( SF-2 RISE LN ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( V TAIL C ( ( H D R ( ( G A W TIS K E N ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( R H D S R A M ( ( ( ( ( ( ( ( ( ( ( SF-1 97-0066 R D D O O W S N E E U Q ( ( ( ( ( SF-2 ( ( C14-97-0066 ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ( ( ( ± ( ( T S O E L ( ( ( ( ( ( ( ( ( ( PUD C814-01-0113 PUD KEEPSAKE DR PUD WINTERSTEIN DR IR C K C O R B PUD ( ( MH ( MH ( ( ( ( ( SF-2 MH ( ( ( ( ! ! ! ( ! ! ! ! ! ! ! SF-2 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( 82-272 ( ( ( T O S E L ( ( C14-2018-0060 SF-3-CO SF-2 ( ( S CIR ( S A R R G A T S ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( 97-0066 ( ( ( ( ( ( ( ( ( ( ( ( DR ( ( SF-1 ( ( R D D O O W G LIN L O C ( ( ( ( ( ( ( 97-0066 ( ( SF-1 ( ( ( ( ( R E D G D E K L A O ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( VA S S AL D R ( SF-1 ( ( ( ( SF-1 ( ( 97-0066 ( ( ( S H ELB Y O AK LN ( ( ( ( ( ( TLE W A Y ( C O M B U R ( G C A S ( ( ( ( ( ( ZONING SF-1 ( ( ( ZONING CASE#: C14-2021-0136 ( ( ( ( 97-0066 ( ( D AVIS LN ( ( ( ( ( ( ( ( ( ( ( ( R U STIC O A K LN ( ( ( SF-1 97-0066 ( ( ( ( ( ( ( S H E RI O A K L N ( 97-0066 ( ( ( ( ( ( ( ( ( ( ( ( ( ( 97-0066 ( ( ( ( ( ( ( ( ( ( SF-2 Exhibit A ( SF-2 ( 90 -0 0 73 ( ( ( SF-2 ( ( ( MIN ( OT CIR SF-2 C14-97-0011 NO-CO O CIR R E U Q S O M SF-2 85-282 R A D S O B A C S E 93 - 0 1 09 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: 8/13/2021 8 of 11B-234 35 36 S CIR S A R R G A T S 4 3 10 2 SF-2 1 P 7 6 SF-2 5 D T A O V I S D N T A B S O V B I L T S L T R W E O B E E N R N O B 7 SF-2 4 T O S E L 3 37 D A VIS L N C14-2021-0136 SF-2 1 E15 10 3 4 5 6 7 SF-3-CO 3 SF-2 2 2 7 9 SF-1 8 R D D O O W G LIN L O C 13 11 1 12 SF-1 2 3 4 Copyright nearmap 2015 1 DR ± 1'' = 100' 6 14 2609 and 2611 Davis Lane, Lots 1 and 2, Charles Hoffman Subdivision Exhibit A - 1 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0136 2609 and 2611 Davis Lane .73 Acres E15 Wendy Rhoades 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. 9 of 11B-2Rhoades, Wendy RE: case number C14-2021-0136 Tuesday, September 28, 2021 2:21:00 PM From: To: Subject: Date: Ms. Wilson, The Applicant proposes to rezone these two lots from SF-2 to SF-3 in order to have the ability build an accessory dwelling unit on each lot. This would allow for a total of 2 dwelling units on each lot, for a total of 4 units across both lots. Based on your description, it sounds like the drainage infrastructure installed when the subdivision was built may have eroded over time. I contacted the City’s Residential Review section to find out if building an accessory dwelling unit on a property results in drainage or flooding review at the building permit stage. Their response is that drainage and flooding issues are not generally reviewed at the building permit stage unless a new driveway is being proposed that is 10’ or less from a storm sewer inlet. A floodplain review is only assigned if a regulated floodplain encroaches onto the property (I did not find a regulated floodplain). The maximum amount of impervious cover (hardscape area including buildings, paved driveways and sidewalks, etc.) is 45% for both SF-2 and SF-3 zoning, so additional construction under SF-2 or SF-3 zoning would have to remain within that limit. I believe your neighbor Mr. Bruce Willenzik who lives at 8701 Leo Street is coordinating a discussion with Mr. Wittliff (the agent for this rezoning application) about the requested change in zoning, and you may want to contact him to find out he plans to bring up drainage issues at that time. I will attach your correspondence to the backup that will be forwarded to the Zoning and Platting Commission this Friday. I will also send you a link to the finalized Commission agenda which includes a link to register to speak in-person at the meeting, information about parking validation for the meeting, and backup material. Sincerely, Wendy Rhoades From: Angelica Wilson Sent: Sunday, September 26, 2021 12:23 PM To: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Subject: case number C14-2021-0136 *** External Email - Exercise Caution *** Hello, 10 of 11B-2My name is Angelica Wilson. I own 8708 Leo Street. I am emailing in regards to the proposed change from SF2 to SF3 at 2609 and 2611 Davis Lane. I filled out the paper reply but did not see an address to send it in so I thought I would email everything I wrote. I've lived on Leo Street for over a decade. Flooding on the west side of Collingswood drive, from their backyards flowing toward the street, has always been a serious issue. The city has made plans to add drainage to Leo street then postponed for decades. My neighbors gave me all the letters from the city dating back for decades when they moved away. We just had a sidewalk put in on the east side of the street but it didn't include drainage improvements. When the property across the street from me was rezoned to SF 3 the builder built 2 homes with a long impervious concrete driveway. Since then the house next door, which happens to be my mother's house, has experienced ankle deep flooding along the North side, front half, of her property. That never happened before the new build next door in my 12+ years of living on this street. Water would flow from West to East but was managed by her landscaping choices and never ankle deep! The builders actually built a berm in her backyard to prevent her house from flooding because of their construction. We added dry creeks and other flood prevention walls as well. By hand. Because a retired nurse and current teacher don't really make a wage that allows for paying for that kind of work. So, I am object to allowing for more SF-2 to SF-3 changes without first addressing the real and present day flooding problems. Please do not willingly and intentionally set up my neighbors for further damage to their lives and their properties. Roads, like Westgate between William Cannon and Ben White, experience severe flooding that causes hydroplaning with very little rain. I don't want to see that kind of preventable consequence happen due to poor planning in my neighborhood. Thank you and I look forward to your reply. Angie Wilson “Unless someone like you cares a whole awful lot, Nothing is going to get better. It's not.” The Lorax- Dr. Seuss CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 11 of 11B-2