Zoning and Platting CommissionJuly 2, 2024

04 C14-2023-0155-2103 Oak Valley Rd; District 5 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 5 ZONING TO: SF-3 CASE: C14-2023-0155 ZONING FROM: I-RR ADDRESS: 2103 Oak Valley Road SITE AREA: 0.92 acres (40,075 sq. ft.) PROPERTY OWNER: Eddie & Leila Mayfield AGENT: Keepers Land Planning (Ricca Keepers) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to recommend Single-Family Residence (Large Lot) – Conditional Overlay (SF-1-CO) combined district zoning. The conditional overlay will: 1) Limit the property to the following development standards:  Maximum height - 30 feet or 2 stories  Maximum dwelling unit(s) – two (2) 2) Prohibit the following uses:  Duplex Residential [L. STERN; A. FLORES - 2ND] (9-0) TWO VACANCIES ON THE DIAS ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: July 2, 2024: May 21, 2024: APPROVED THE APPLICANT’S REQUEST FOR A POSTPONEMENT TO JULY 2, 2024. April 2, 2024: APPROVED THE APPLICANT’S REQUEST FOR A POSTPONEMENT TO MAY 21, 2024. CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A [A. FLORES; B. GREENBERG-2ND] (8-0) TWO VACANCIES ON THE DIAS C14-2023-0155 2 CASE MANAGER COMMENTS: The property in question is 0.92 acres, developed with one single family residence, has access to Oak Valley Road (level 1), and is designated interim-rural residence (I-RR). The property has single family residences (I-RR & I-SF-2) to the west, hotel-motel (ETJ) to the south, commercial and bars (ETJ) to the north, south, and east and mobile home residences (I-RR) to the north. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant and owner agree with the staff’s recommendation and are seeking a permanent zoning to allow the use of a bed and breakfast on the property. Staff is recommending single- family residence (large lot) (SF-1) zoning district because there are environmental constraints on the site that would need to limit the impervious cover and building coverage of future development. Per the Watershed Protection Department, there are significant flood risks to private properties and homes downstream of this location. The additional impervious cover on this lot would, in part with other development/redevelopment in the area, exacerbate this flood risk. Based upon the city of Austin’s regulatory floodplain map, the existing building on the property at 2103 Oak Valley Road encroaches in the 100-year floodplain. If the owner proposed to construct additional buildings south of the current building location, they would be well within the 100-year floodplain and would be at significant risk of flooding. The comprehensive plan review comments this site meets four (4) of the Imagine Austin Decision Guidelines. The site is located within Slaughter Lane Station Neighborhood Center and is 0.20 miles from Slaughter Lane Activity Corridor, is within 0.50 miles from goods/services and a grocery store/farmers market. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The single-family residence (large lot) zoning district is intended as an area for low density single-family residential use, with a minimum lot size of 10,000 square feet. This district is appropriate for locations where sloping terrain or environmental limitations preclude standard lot sizes, or where existing residential development has lots of 10,000 square feet or greater. 2. Zoning should allow for reasonable use of the property. Staff is recommending single-family residence (large lot) (SF-1) zoning district because there are significant flood risks to private properties and homes downstream of this location. The additional impervious cover on this lot would, in part with other development/redevelopment in the area, exacerbate this flood risk. Furthermore, the intended use for the rezoning, a bed and breakfast, will be allowed in SF-1. C14-2023-0155 3 ZONING I-RR I-RR & ETJ ETJ ETJ I-RR & I-SF-2 EXISTING ZONING AND LAND USES: Site North South East West NEIGHBORHOOD PLANNING AREA: N/A WATERSHED: Slaughter Creek (Suburban) CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Kocurek Elementary School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Bauerle Ranch Owners Association, Inc. Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Onion Creek Homeowners Assoc. Palomino Park HOA SELTexas AREA CASE HISTORIES: NUMBER C14-2019-0134 REQUEST SF-2 to SF-3 LAND USES Single Family Residential Mobile Home Residential & Commercial/Liquor Sales Hotel/-Motel & Commercial Commercial/Liquor Sales Single Family Residential SCENIC ROADWAY: No Bailey Middle School Akins High School Save Our Springs Alliance Sierra Club Austin Regional Group South Austin Neighborhood Alliance (SANA) TNR BCP - Travis County Natural Resources COMMISSION To Grant SF-3 (11-19-2019) C14-2021-0089 DR to SF-3 To Grant SF-3 (07/20/2021) C14-02-0171 SF-2 to SF-3-CO To Grant SF-3-CO; with the CO that prohibits duplex use of the property. (12/17/2002) RELATED CASES: There are no related cases. CITY COUNCIL Approved SF-3 as Zoning & Platting Commission Recommended (01/23/2020) Approved SF-3 as Zoning & Platting Commission Recommended (08/26/2021) Approved SF-3-CO as Zoning & Platting Commission Recommended (2/23/2003) C14-2023-0155 4 ADDITIONAL STAFF COMMENTS: Comprehensive Planning: Project Name and Proposed Use: 2103 OAK VALLEY ROAD. C14-2023-0155. Project: Oak Valley. 0.92 acres from I-RR to SF-3. Existing: Single Family Residence. Proposed: Bed and Breakfast. Yes Imagine Austin Decision Guidelines Complete Community Measures * Y Imagine Austin Growth Concept Map: Located within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified the Growth Concept Map. Names of Activity Centers/Activity Corridors/Job Centers *: within Slaughter Lane Station Neighborhood Center, and 0.20 miles from Slaughter Lane Activity Corridor. Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. Connectivity, Good and Services, Employment *: Provides or is located within 0.50 miles to goods and services, and/or employment center. Connectivity and Food Access *: Provides or is located within 0.50 miles of a grocery store/farmers market. Connectivity and Education *: Located within 0.50 miles from a public school or university. Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. Connectivity and Health *: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, and/or specialized outpatient care.) Housing Choice *: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Housing Affordability *: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Mixed use *: Provides a mix of residential and non-industrial uses. Culture and Creative Economy *: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in a particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone Number of “Yes’s” Y Y Y 4 C14-2023-0155 5 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 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 Slaughter 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 a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within 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. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire: There are no comments at this time. C14-2023-0155 6 PARD – Planning & Design Review: Parkland dedication will be required at the time of subdivision or site plan application for new residential units and hotel keys, per City Code § 25-1-601, as amended. The proposed development meets the criteria for land dedication in City Code Title 25, Article 14. As such, a partial land dedication may be required, as well as any remaining fees in-lieu. The development as proposed will require parkland dedication for the new residential units that will serve the surrounding neighborhood through the additional park investment. The Parks and Recreation Department (PARD) would consider a trail connection along Slaughter Creek toward satisfying the requirement at time of permitting (whether subdivision or site plan). Such a connection would satisfy an acquisition need Slaughter Creek, a recommendation identified in the Parks and Recreation Department’s Long Range Plan. Should there be any remaining fees in-lieu, 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). Should the applicant wish 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 letter of the requirements as stated in this review. Site Plan: There are no comments at this time. Austin Transportation Department – Engineering Review: TPW 1. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for Oak Valley Road. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for Oak Valley Road according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. Existing Street Characteristics: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) Oak Valley Road Level 1 58’ 54’ 15’ No No No TIA: There are no comments at this time. C14-2023-0155 7 Austin Water Utility: No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. 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. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter D. Applicant's CO Agreement Letter Correspondence from Interested Parties ( ( ( SF-3 ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( SF-2 G A I L R D M H ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( C14-2019-0134 ( ( AUTO\TRAN S.\CO. ( ( SF-3-CO C14-02-0171 ( SF-3 C14-2021-0089 M H DREW LN ( ( ( ( ( ( ( SIREN ST ( G A M M A W AY SF-1 SF-3 ( > > SF-2 ( SF-1 ( SF-2 SF-1 980326-L RR > > > > 980326-L ( ( ( SF-3 ( ( = = = > > > > = = = ( D AIL R G ( ( SF-2 = = = = = = = = ( = = = = = = = = RIDDLE RD C14-02-0083 = = = 02-0083 = = = SF-3 = = POND = = = = = = = SF-1 R O X A N N A D R SF-1 980326-L I-SF-2 SP90-40C TIRE STORE DR UNDEV SF-2 ( ( SF-3 ( 98-0040 CS-1-CO SHOPPING CENTER 98-0040 GR-CO C14-98-0141 W/LO GR-CO C14-2007-0194 C14-98-0141 W/LO I-SF-2 FAST\FOOD 98-0087 SP96-0361C FAST\FOOD FAST\FOOD FASTFOOD GR 85-132 RETAIL CENTER W SLAU GHTER LN ( ( FIRE STATION LO C14-2012-0162 SP90-80A ( ( ( ( ( DRIVEWAY C14-2008-0114 C14-2008-0114 C14-2011-0136 C14-2017-0146 ( ( C14-97-0120 NO 97-0120 GO-MU-CO C14-02-0061 C14-2011-0168 ( C14-2014-0087 C14-2009-0149 C14-2022-0020 LR-MU-CO ( SF-2 ( ALLRED DR MH ( MH ( BAR M H SF-2 ( UNDEV ( ( 86-126 BANK GR SP07-0030C SP94-178C GR-CO 92-0114 ( ( OFFICE WHSE ( 89-23 ARCHERY ( ( I-SF-2 ( ( I-RR ( OAK VALLEY RD ( ! ! ( ! ! ! ! ! !! ! ! ! ! ! ! ! I-RR ( ( ( ( AUTO RENTAL AUTO PARTS AUTO REPAIR RETAIL ( D A R C A H C N E M ( ( ( GR-CO 96-0422C PHARMACY FAST FOOD SERVICE STATION SP-98-0356C SP96-0210C GR PARKING C14-2012-0074 RETAIL CENTER LI-CO C14-2010-0190 2010-0190 UNDEV C14-2015-0096 CS-CO 2008-0147 C14-2008-0147 WHSE ( ( ( ( ( ( ( SAND ER S ST ( ( ( ( ( ( ( ( WHSE ( O L D M A N C H A C A R D C O N S T R U C T I O N \ S A L E S $ S V R C CONSTRUCTION SALES & SVRC I-RR SP-02-0361D AUTO REPAIR CONSTRUCTION\SALES $ SVRC WHSE ( SCREEN\PRINTING I-RR RED W ATER D R I-RR CONDOMINIUMS K E M A H D R R NA D OZO I-RR R O D D E R A L I-RR R D D I-RR CKLAN O R M A Y D E LL E D R I-RR I-RR SP-05-1249D SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2023-0155 MH CELL\TOWER ± 1 " = 400 ' Exhibit A 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. This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 12/19/2023 Exhibit B !!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!>!>!>!>!>!>!>!>!>!>E14E13C14-2023-0155C14-02-0083C14-2015-0096C14-2021-0089C14-2008-0147C14-2011-0136C14-2017-0146C14-2009-0149C14-2014-0087C14-2022-0020C14-2012-0162C14-2008-0114C14-2008-0114C14-98-0141C14-02-0061C14-2007-0194C14-97-0120C14-2011-0168C14-02-0171C14-2019-0134C14-2010-0190C14-98-0141C14-2012-0074MENCHACARDALLRED DRRIDDLERDW SLAUGHTER LNOLD MANCHACA RDGAILRDLAREDODRDREW LNOAK VALLEY RDKEMAHDRGAMMAWAYSANDERS STSIREN STMAYDELLEDRROCKLANDDRREDWATERDRROXANNADROZONADRGAILRDI-RRGRSF-3GRSF-2I-RRSF-2I-RRGR-CODRSF-2SF-2SF-2SF-2CS-COI-RRI-RRGR-COI-RRSF-3I-RRGRI-SF-2RRI-RRLOI-RRSF-3SF-3SF-1LR-MU-CONOSF-3SF-1W/LOGR-COGR-COSF-2SF-1SF-3GO-MU-COI-RRSF-2SF-1SF-1SF-3LI-COSF-3-COI-SF-2I-SF-2W/LOCS-1-COSF-2Oak Valley±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2023-01552103 Oak Valley Rd0.92 AcresE14Nancy EstradaCreated: 1/24/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet November 29, 2023 City of Austin P.O Box 1088 Austin, Texas 78767 Subject Property: 2103 Oak Valley Dr Austin Tx 78748 Dear City of Austin, Please see the attached documentation and application for this property. We are requesting to rezone 2103 Oak Valley Dr to Single-Family-3 (SF-3) from the existing Residential Rural (I-RR). The proposed land use for this site is a Bed and Breakfast. James Stinson has met with the owner as well as the rest of the neighborhood about this project and will continue to do so. The reason we chose a bed and breakfast use is to ensure little impact will occur as a result of this development on the roadways for the neighbors. We look forward to working with you on these lot. Please let me know if you have any questions or need further information. Sincerely, Ricca Keepers, MUP Exhibit C April 2, 2024 City of Austin P.O Box 1088 Austin, Tx 78767 Subject Property: 2103 Oak Valley Dear City of Austin, We have been working with the neighborhood and local property owners to provide a condition to the rezone we all agree with. Please see the below agreement as part of the condition of the zoning district. The staff recommendation is to recommend Single-Family Residence (Large Lot) – Conditional Overlay (SF-1-CO) combined district zoning. The conditional overlay will: 1) Limit the property to the following development standards:  Maximum height - 30 feet or 2 stories  Maximum dwelling unit(s) – two (2) 2) Prohibit the following uses:  Duplex Residential We look forward to working with you on these lots. Please let me know if you have any questions or need further information. Sincerely, Ricca Keepers, MUP Keepers Land Planning Exhibit D Hadri, Cynthia From: Sent: To: Cc: Subject: Cynthia, Cynthia, All the best, Ricca Keepers <ricca@keeperslandplanning.com> Monday, March 11, 2024 2:22 PM Hadri, Cynthia Sandy Hernandez Re: C14-2023-0155 Oak Valley Yes, single-family one is acceptable as the rezone I did confirm with the owner. Thank you. From: Ricca Keepers <ricca@keeperslandplanning.com> Sent: Thursday, March 7, 2024 9:56 AM To: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> Cc: Sandy Hernandez <sandy@keeperslandplanning.com> Subject: Re: C14-2023-0155 Oak Valley That should be fine but let me double check with the owner. Thank you for your help again! Ricca Keepers, MUP Keepers Land Planning Founder, Owner, and Land Planner Member of Austin NARI, CBUSA, and ULI Housing Council Assistant (512) 550-6508 Cell (512) 999-0690 KeepersLandPlanning.com From: Hadri, Cynthia <Cynthia.Hadri@austintexas.gov> Date: Wednesday, March 6, 2024 at 3:38 PM To: Ricca Keepers <ricca@keeperslandplanning.com> Cc: Sandy Hernandez <sandy@keeperslandplanning.com> Subject: C14-2023-0155 Oak Valley Hi Ricca & Sandy, I wanted to reach out and let you know that the zoning team has discussed your case and we are going to recommend SF-1 due to the substantial amount of flood risk on the site. The use of a bed and breakfast, as listed in your application, is still allowed in SF-1. Would you like to move forward with the Staff Recommendation or with the initial SF-3 request? The soonest the case can go to the Zoning & Platting Commission is April 2, 2024. Let me know what you'd like to do, thanks! Cynthia Hadri Planner III | Current Planning City of Austin, Planning Department O: (512) 974-7620