05 C14-85-149.70.02(RCA) - Scofield Farms RCA, District 7 Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 7 AREA: 7.60 acres CASE: C14-85-149.70.02 (Scofield Farms RCA) ADDRESS: 1603 and 1605 West Parmer Lane, 12424 Scofield Farms Drive OWNER/APPLICANT: 1603 W Parmer LLC and MMK Ventures LLC AGENT: Armbrust & Brown, PLLC, Jewels Cain ZONING: GR-CO, MF-2 REQUEST: The applicant is requesting an amendment to the conditions of a previously recorded restrictive covenant to remove the density limitation of 15 units per acre for multifamily development on this property (please see Applicant’s Request Letter – Exhibit C). CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends the proposed amendment of the public restrictive covenant. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: August 20, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 ISSUES: N/A DEPARTMENT COMMENTS: In this case, the applicant is requesting to amend a public restrictive covenant associated with zoning case C14-85-149 and executed on June 17, 1986. The covenant that was approved with the North Lamar Area Study rezonings states and states that all detached single family dwelling units in the area that the public restrictive covenant covers zoned SF-2 must have a gross floor area of 1,400 square feet, all lots zoned SF-2 shall have a horizontal distance between the side lot lines of at least 65 feet measured at the front lot line and an average area of 7,00 square feet, all detached single family dwelling units zoned SF-2 shall be constructed of not less than 40% masonry, a wooden privacy fence shall be constructed along the eastern property line of lots adjacent to River Oak Lake Estates Section 7, any multiple family development constructed shall not exceed a density of 15 units per acre, the property particularly described in “Exhibit B” shall have only one access driveway onto Parmer Lane, the property particularly described in “Exhibit C” shall have no access driveway onto Parmer Lane and the property particularly described in “Exhibit D” shall only have one access driveway onto Parmer Lane (please see Redlined Public Restrictive Covenant – Exhibit D). Specifically, the applicant’s request is to remove Item #6 which states that, “Any multiple family development constructed shall not exceed a density of fifteen (15) units per acre.” for this property so that they can allow for a denser multifamily project at this location (please see Applicant’s Request Letter – Exhibit C). The staff recommends the applicant’s request to amend this existing public restrictive covenant to delete the conditions that specifically apply to this site. The applicant has also requested a rezoning of this property from GR-CO and MF-2 to GR-MU though related case C14-2024-0101. The proposed GR-MU zoning would permit a residential unit density that would equate with the requirements of the MF-4 zoning district. The City Council has indicated through recent policy and code amendments that their intent to allow for more density along transit corridors. The site under consideration is adjacent to Parmer Lane Activity Corridor, as designated by the Growth Concept Map in the Imagine Austin Comprehensive Plan, and it is accessible from a major arterial/highway and a collector roadway. The applicant agrees with the staff’s recommendation. 2 LAND USES Undeveloped Tract, Scofield Farms Event Center, Religious Assembly (Parmer Lane Baptist Church), Detention Pond, Undeveloped Area Financial Services (Wells Fargo Bank), Food Sales (Hana World Market) Undeveloped Tract, Primary Public School (River Oaks Elementary School) Assisted Living (Parmer Woods at North Austin) Automotive Repair (Austin Automotive Specialists), Undeveloped Tract, Duplex Residences EXISTING ZONING AND LAND USES: Site ZONING GR-CO, MF-2 North GR South SF-2, SF-1 East West LO, MF-2 GR-CO, SF-3 PLANNING AREA: North Lamar Area Study WATERSHED: Walnut Creek NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, North Growth Corridor Alliance, SELTexas, Sierra Club, Austin Regional Group SCHOOLS: Austin Independent School District: Pillow Elementary School Burnet Middle School Anderson High School Pflugerville Independent School District: River Oaks Elementary School Westview Middle School Connally High School 3 AREA CASE HISTORIES: NUMBER C14-2014-0193 (MMK Ventures, LLC: 1601 Cedar Bend Drive) REQUEST LO-MU-CO, RR to SF-6 SF-4A COMMISSION 8/18/15: Approved staff’s recommendation for SF-4A zoning, with the NTA conditions, adding a conditional overlay to prohibit vehicular access from Old Cedar Lane to Cearly except for emergency (crash gates), pedestrian and bicycle access (6-5, S. Harris, G. Rojas, B. Evans, Y. Flores, D. Breithaupt-No); A. Denkler-1st, J. Kiolbassa-2nd. CITY COUNCIL 10/15/15: Approved staff’s rec. of SF-4-A-CO zoning, with NTA conditions. Keep public hearing open and bring back for 2nd/3rd readings on November 12, 2015 (10-0, A. Kitchen-off dais); L. Pool-1st, D. Zimmerman-2nd. 11/12/15: Approved the draft ordinance based on the conditions e commended by the Zoning and P Platting Commission on 2nd reading (9-3, P. Renteria, E. Troxclair and O. Houston-No); L. Pool-1st, D. Zimmerman-2nd. for zoning 12/17/15: Approved as single- amended family residence-small lot-conditional overlay (SF-4A-CO) combining on district Mayor Pro Tem Tovo’s motion, Council Member Pool’s second on an 11-0 vote. The amendment was to strike Part 3 B from the ordinance. 9/22/11: Approved LO-MU-CO zoning on consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison-2nd. 3/02/06: Approved GR-CO with conditions (7-0); all 3 readings C14-2011-0023 (1601 Cedar Bend Drive) RR to LR LR to GR C14-05-0199 (12195 Metric Boulevard-Texan Market Store Car Wash) 9/06/11: Approved the staff’s recommendation of LO-MU- CO district zoning on consent (5-0, S. Baldridge-absent); P. Seager-1st, C. Banks-2nd. 1/31/06: Approved GR-CO zoning for the area of 5,750 sq. ft. with car wash as the only GR district use, all other LR uses; 8-feet masonry wall to be constructed from the existing pavement south past the new improvements; public RC to limit the hours of the car wash from 6:00 a.m. to 10:00 p.m. (8-0, J. Gohil-absent) 4 C14-05-0016 (12251 Running Bird Lane) SF-6 to SF-6 (Tracts A & B) and LO (Tract C) 11/17/05: Approved SF-6 (Tracts A& B), LO-CO (Tract C), and Tract D to remain RR (7-0); all 3 readings MF-2 to P 9/02/04: Approved P zoning (7-0); all 3 readings SF-2 to LO-CO 3/04/04: Approved LO-CO zoning (6-0); all 3 readings 10/18/05: Approved RR zoning for floodplain, SF-6 zoning for Tracts A & B, and LO-CO zoning for Tract C, with the following conditions: prohibit Communications Services, Medical Offices, Club or Lodge, Convalescent Services, Cultural Services, and Hospital Services (Limited). In addition, Tracts A, B, and C shall have a 450 trip limit per day. Vote: 9- 0; JM-1st, MH-2nd. 8/03/04: Approved P zoning by consent (8-0, J. Pinnelli-absent) 2/03/04: Approved LO-CO zoning with 2,000 vtpd limit and prohibiting the following uses: Art and Craft Studio (Limited), Communications Services, Medical Offices, Convalescent Services, Cultural Services (9-0) 5/21/02: Approved staff’s recommendation of GR-CO zoning, with a CO for a 2,000 vtpd, by consent (8-0, A. Adams-Not yet arrived); J. Matinez-1st, N. Spelman-2nd. 5/8/01: Approved staff rec. of CS-CO by consent (8-0) 5/8/01: Approved staff rec. of CS-1-CO w/ conditions, prohibit free standing CS-1 use (8-0) 3/28/00: Approved staff’s rec. of LR-MU-CO by consent (5-0); limit vehicle trips to 315 per day 4/18/00: Deny LO zoning (8-0) C14-04-0106 12100 block of Metric Boulevard- Walnut Creek Greenbelt at Metric) C14-03-0183 (12041 Bittern Hollow-St. Albert The Great Catholic Church) C14-02-0048 (1709 W. Parmer Lane-Boston Market) C14-01-0044 (1700 W. Parmer Lane-Scofield Farms Market Shopping Center) C14-01-0043 (1700 W. Parmer Lane-Scofield Farms Market Shopping Center) C14-00-2033 (W. Parmer Lane- Little Steps Child Care Center) C14-00-2023 (1418 Cardinal Hill Road) LR to GR GR to CS GR to CS-1 SF-3 to GR SF-1 to LO 5 6/27/02: Approved GR-CO (7-0); all 3 readings 7/19/01: Approved CS-CO w/ addition of prohibiting pawn shops (6-0); all 3 readings 7/19/01: Approved CS-1-CO w. addition of prohibiting pawn shops (6-0); all 3 readings 5/11/00: Approved PC rec. of LR-MU-CO by consent (7-0); all 3 readings 6/01/00: Denied rezoning request (4-3, KW/BS/DS-Nay) C14-99-2067 (W. Parmer Lane) C14-98-0021 (12424 Scofield Farms Drive) C14-96-0062 (E. Parmer Lane- Brake Specialists) GR, GO to GR MF-2 to GR 1/18/00: Approved GR-CO by consent (9-0) 4/14/98: Approved GR-CO w/ conditions (8-0) 2/17/00: Approved GR-CO (7- 0); all 3 readings 5/14/98: Approved GR-CO w/ conditions (5-0); all 3 readings LR to GR 6/4/96: Approved GR (8-0) 7/11/96: Approved GR-CO w/ conditions (6-1); 1st reading 8/22/96: Approved GR-CO w/ conditions (5-2); 2nd/ 3rd readings RELATED CASES: C14-85-149 (North Lamar Area Rezonings) OTHER STAFF COMMENTS: Comprehensive Planning The initiation, termination or amending of a Restrictive Covenant is not under the purview of the policies of the Imagine Austin Comprehensive Plan. Environmental The RCA revision is approved. The following comments are for your information: 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. 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. 6 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 No comments. Parks and Recreation Parkland dedication will be required for the new dwelling units resulting from this restrictive covenant amendment. 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 § 25-1-609, as amended. 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. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any development which occurs in an SF-6 or less restrictive zoning district which is located 540-feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. This property is subject to compatibility requirements. On and after July 15th, 2024, this site will need to comply with compatibility requirements based on ordinance # 20240516-004. Transportation The Austin Strategic Mobility Plan (ASMP) calls for 154 feet of right-of-way for W Parmer LN. It is recommended that 77 feet of right-of-way from the existing centerline should be dedicated for W Parmer LN. according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. 7 The Austin Strategic Mobility Plan (ASMP) calls for 84 feet of right-of-way for Scofield Farms DR. It is recommended that 42 feet of right-of-way from the existing centerline should be dedicated for Scofield Farms DR. according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 58 feet of right-of-way for Shag Bark TRL. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for Shag Bark TRL. according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) W Parmer LN. Level 4 - TxDOT 154’ 6’ No Yes 148’ including median. Median varies: 4’ to 17’ Excluding median. NW direction: 45’ to 57’ SE direction: 45’ Scofield Farms DR. Shag Bark TRL. Level 2 84’ 65’ to 74’ 48’ 6’ No Yes Level 1 58’ 47’ 30’ 6’ No Yes Water Utility No review required. INDEX OF EXHIBITS TO FOLLOW A: Case Map B. Applicant’s Request Letter C. Proposed Redlined Restrictive Covenant 8 ( ( ( SF-2 ( 83-145 LR ELEMENTARY SCHOOL C14-2011-0069 GO-CO C14-2008-0210 MF-3 P SP-93-0159C ELE SP-99-2158C C14-99-0008 GR-CO SP-99-2158C 91-86 SP-00-2031C M E NTAR Y C14-99-2067 99-0008 85-149 GR SP-00-2031C REST. SP-06-0131C RETAIL/SHOPPING CENTER 91-0086 CS-1-CO C14-01-0043 C14-01-0044 CS-CO W PA R M E 96-0062 R L N ! ! AUTO ! ! ! ! SP97-0013C ! ! ! ! ! ! ! ! ! ! GR-CO C14-98-0021 ! ! SP-04-1112C LR LR-MU-CO SP-99-0099CF SP-04-0132C UNDEV GR-MU-CO SP-05-0946C LR 90-0083 RR UNDEV N D L G BIR NIN N U R MF-3-CO UNDEV E S LO U O H E R A E/W FIC F O RR C14-05-0016 90-0083 LO-CO ( D LV RIC B GR T E M FAST REST. -0149C SP-96-0018C 90-83 WASH 02-0048 UNDEV C14-05-0082 GR-CO = S H A D = = SF-3 = O W VIE = D U W D R PLE XE S = = ( = SF-3 S H A = G B A R ( K TRL = ( SF-3 ( = ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! = = I R D W E V Y D A H S = = = = ( = LO-MU-CO ! ! ! ! 98-0021 SP-04-0175C ! ! ! ! 85-149.70R.C. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! MF-2 SF-6-CO C E D A R B E N D C V C E D A R B E N ( D D R RR ( SF-2 84-512 RC ( ( R D D WIL E L G N TA ( ( SF-2 RR C14-2011-0023 LO-MU-CO LO-MU-CO CEARLEY DR K I T C I R 85-149 SF-4A-CO C14-2014-0193 EXHIBIT A SF-2 ( SF-6 N E L P MF-3 T R O E K P I C MF-3 N G L R I N H C C I N MF-3 D A P P L E G R E Y L N (N O T O N G R O U N D) SP-00-2031C 91-086 R S D M R D FA L FIE O C S SF-6 SF-6 85-149 N L Y N O P ( ( ( SF-6 ( ( ( ( ( ( ( ( ( SP92-0370C MF-1 ( ( ( ( ( ( ( BRAIDED R ( ( ( ( ( OPE D ( ( R LR 91-0086 ( ( ( SF-6 ( ( ( ( ( ( ( SP-01-0529C 91-086 LO ASSISTED LIVING 00-2023 SF-1 LO SPC96-0338C ( ( ( ( ( SF-3 MF-2 CHURCH ! ! C14-90-0030 ! ! ! ! ! ! !! SF-2 SP91-0308C ELEMENTARY SCHOOL SP91-0308C 85-149.7 SF-1 SF-1 ( ( C A R DIN ( ( AL HILL D ( ( ( ( R ( ( ( ( ( ( ( SF-1 ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( I W L L O W W L D I D R ( ( ( ( ( ( K N O L L R I D G E D R SF-1 SHAG BARK TRL OAK SHADOWS CIR SF-1 SF-1 P FE N N E C W AY KIT CIR O LD C E D A R LN P ± SUBJECT TRACT Restrictive Covenant Amendment CASE#: C14-85-149.70.02(RCA) ! ! ! ! ! ! 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 Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 7/8/2024 EXHIBIT B EXHIBIT C