D-01 Greenberg and King - ZAP Milky Way Draft Recommendation.pdf — original pdf

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Zoning and Platting Commission Recommendation Concerning Milky Way at River Place WHEREAS on October 31, 2019 the City Council approved Zoning Ordinance 20191031-044 rezoning the property located at Milky Way Drive from DR to SF-6-CO; and WHEREAS the zoning ordinance limited development to 30 residential units unless there is 1) an additional emergency access point to an external street and 2) traffic is limited to 1,200 trips per day on Milky Way Drive as measured by the greater of the tube count taken at the time of site plan or the ITE Trip Generation Manual; and WHEREAS on October 31, 2019 the property owner signed a public restrictive covenant specifying that development on the Property is subject to the recommendations contained in the Neighborhood Traffic Analysis (NTA) memorandum dated March 13, 2019; and, WHEREAS the restrictive covenant requires a majority vote of the City Council to modify, amend, or terminate the agreement; and WHEREAS on August 11, 2020 a restrictive covenant correction affidavit was signed without City Council approval, substituting the originally-referenced NTA memorandum, dated March 13, 2019, to a different NTA memorandum, dated July 22, 2019, effectively increasing the maximum unit count on the development from 45 to 134; and WHEREAS the tube counts used to measure traffic on Milky Way Drive were collected in March of 2020, at least two years prior to site plan approval, and 8 months prior to the site plan application submission; and WHEREAS in accordance with the restrictive covenant signed on June 9, 2000, the emergency access granted by Austin Christian Fellowship lacks prior written consent from the River Place HOA required to allow driveway access to River Place Blvd. NOW, THEREFORE, BE IT RESOLVED that the Zoning and Platting Commission encourages the Austin City Council 1) to pause all clearing and development activity on the property, and 2) to publicly vote to accept or reject the changes to the restrictive covenant made by the staff, and 3) to instruct staff to deny any site plan in excess of 30 residential units until the developer proves compliance with all of the conditions of zoning. Date of Approval: _____________________________ Record of the vote: Attest: _____________________________________________ ORDINANCE NO. 20191031-044 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT MILKY WAY DRIVE FROM DEVELOPMENT RESERVE (DR) DISTRICT TO TOWNHOUSE AND CONDIMINIUM RESIDENCE-CONDITIONAL OVERLAY (SF-6-CO) COMB N NG DISTIC-. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to to townhouse and change the base district condominium residence-conditional overlay (SF-6-CO) combining district on the property the Planning and Zoning described in Zoning Case No. C 14-2018-0124, on file at Department, as follows: reserve (DR) district from development 32.429 acres of land (approximately 1,412,611 sq. ft.) in the R.L. Preece Survey No. 2, Abstract No. 2269, Travis County, Texas, said 32.429 acres of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance (the "Property"l locally known as Milky Way Drive in the City of Austin, Travis County, Texas, generally identified in the map attached as Exhibit "B". PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: A. A subdivision or development on the Property shall have two access streets or access points to an external street, unless the Development Services Department director determines that the development includes not more than 30 residential units, or the director determines that: 1. an additional emergency access point to an external street is provided; and 2. the completed development or uses of the Property, considered cumulatively with all existing or previously authorized development and uses, generate traffic that will not exceed 1,200 trips per day on Milky Way Drive as measured by the tube count taken at the time of site plan or the number in the ITE Trip General Manual, whichever is greater. Page 1 of 2 B. Access streets on the Property shall: 1. have a minimum width of 20 feet and a clear height of 13 feet 6 inches; 2. be designed to accommodate the loads and turning radii for fire apparatus; 3. have a gradient negotiable by the fire apparatus as required by the adopted fire code; and 4. include a surface material acceptable to the Fire Marshal that would allow for the passage of emergency service vehicles and fire apparatus. C. Access streets and other public or private streets within the Property shall be reviewed and approved by the Fire Marshal for the appropriate travel lane width of both the arrival of emergency vehicles and the evacuation of residential vehicles. the Property may be PART 3. Except as specifically restricted under this ordinance, developed and used in accordance with the regulations established for the townhouse and condominium residence (SF-6) base district and other applicable requirements of the City Code. PART 4. This ordinance takes effect on November 11, 2019. PASSED AND APPROVED October 31 ,2019 APPROVED: GL_ Anne L. Morgan City Attorney § § § (\\1 f'A fL ? ? St*e ANer V Mayoll ATTEST:?f-7rl'll# 1 ft€ A J60.-U Jannette S. Goodall City Clerk Page 2 of 2