05 C14-05-0151(RCT) - 8420 Longview RC Termination; District 5 Staff Report — original pdf

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RESTRICTIVE COVENANT TERMINATION REVIEW SHEET DISTRICT: 5 CASE: C14-05-0151(RCT) – 8420 Longview RC Termination ADDRESS: 8420 Longview Road and 3114 Cameron Loop EXISTING ZONING: SF-6-CO SITE AREA: 15.061 acres PROPERTY OWNER: SB Longview LLC (Zachary Greenky) AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: Staff recommends granting a Termination of the Restrictive Covenant. ZONING & PLATTING COMMISSION ACTION / RECOMMENDATION: September 3, 2024: CITY COUNCIL ACTION: RESTRICTIVE COVENANT TERMINATION RECORDING NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The proposed Restrictive Covenant Termination area is comprised of approximately 15.06 acres and is currently undeveloped. It is located at the northwest intersection of Longview Road and Cameron Loop. The subject area was rezoned from rural residence (RR) district to townhouse and condominium residence-conditional overlay (SF-6-CO) combining district zoning in 2006. The site is surrounded by both multifamily and single family residences. Please refer to Exhibit A (Zoning Map). The rezoning case included a public Restrictive Covenant that specified that development on the property is subject to the recommendations contained in the Neighborhood Traffic Analysis memorandum from the Transportation Review Section of the Watershed Protection C14-96-0127(RCT) Page 2 and Development Review Department, dated November 16, 2005. Please refer to Exhibit B (2006 Rezoning Ordinance and Restrictive Covenant). Currently there is a site plan under review for this property. The Applicant proposes to terminate the Restrictive Covenant since the previous Neighborhood Traffic Analysis (NTA) recommendations are no longer in alignment with the Austin Strategic Mobility Plan (ASMP). BASIS OF RECOMMENDATION: Staff supports the Restrictive Covenant Termination request. Transportation and Public Works also supports removing the restrictive covenant that requires the site to provide the Neighborhood Traffic Analysis (NTA) recommendations from the November 16, 2005 NTA memo since the recommendations from this NTA do not align with the Austin Strategic Mobility Plan. EXISTING ZONING AND LAND USES: ZONING Site North South East West MF-2-CO SF-6-CO SF-3; SF-4A SF-3; SF-2; P SF-3; SF-4A; LR LAND USES Undeveloped Single family residential Single family residential; Park Single family residential; Undeveloped Multifamily residential NEIGHBORHOOD PLANNING AREA: N/A WATERSHEDS: Williamson Creek and South Boggy Creek – Barton Springs Zone CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: No SCHOOLS: Austin Independent School District Cowan Elementary School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Brodie Lane Homeowners Association Homeless Neighborhood Association Neighborhood Empowerment Foundation Onion Creek Homeowners Association South Austin Neighborhood Alliance (SANA) TNR BCP – Travis County Natural Resources Friends of Austin Neighborhoods Go Austin Vamos Austin (78745) Save Our Springs Alliance SELTexas Sierra Club, Austin Regional Group Palomino Park HOA Preservation Austin Covington Middle School Bowie High School  Page 3 C14-05-0151(RCT) AREA CASE HISTORIES: NUMBER C14-2018-0122 – 8600 Cameron Loop REQUEST COMMISSION CITY COUNCIL RR; SF-1 to SF-3 To Grant Approved SF-3 (12/13/2018) RELATED CASES: C14-05-0151 – The subject Restrictive Covenant Termination area received SF-6-CO combining district zoning on November 2, 2006 (Ord. No. 20061102-042). SP-2024-0069C – Site plan currently under review. ADDITIONAL STAFF COMMENTS: Austin Transportation Department – Engineering Review: TPW supports removing the restrictive covenant that requires the site to provide the Neighborhood Traffic Analysis (NTA) recommendations from the November 16th, 2005 NTA. The recommendations from this NTA do not align with the Austin Strategic Mobility Plan. Site Plan Review: 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. On and after July 15th, 2024, if construction is a goal, this site will need to comply with compatibility requirements based on ordinance # 20240516-004. This site is within the Williams Hazardous Pipeline Overlay. This site is within the Barton Springs Overlay. C14-05-0151(RCT) Page 4 PARD – Planning & Design Review: Parkland dedication has been satisfied for the proposed development through the site plan application process. Comprehensive Planning Review: The initiation, termination or amending of a Restrictive Covenant is not under the purview of the policies of the Imagine Austin Comprehensive Plan and therefore an Imagine Austin compliance report has not been provided for this case. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Applicant’s Summary Letter Exhibit B: 2006 Rezoning Ordinance and Restrictive Covenant M O BILE H O M E PA R K MH ( ( 86-002 R.C. 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( SIS ( ( KIN D ( ( ( ( SF-4A ( ( ( 83-293 ( I ( V C N K S S I SF-3 LR 83-080C ( ( O P ( ( ( ( ( ( BIS B E E C T ( ( ( ( 97-0155 ( ( C A M E R O N L O ( ( ( ( 97-0155 ( ( ( SPC-06-0615CS RR SF-1 ( ( ( ( ( ( SF-2 P DETENTION\POND ( ( ( ( ( 97-0155 ( ( ( ( ( ( ( ( ( ( ( ( P I N E Y C R E E K B N D 97-0155 RR ( ( SF-1 ( ( ( ( B E N T O ( ( N S T ( ( ( ( ( ( ( ( ( ( ( ( ( C R E T Y S C V ( ( ( ( 97-0155 ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 97-0155 ( ( ( ( ( ( ( ( ( ( ( ( ( ( D A N D ELIO N T RL ( ( ( ( ( P ( ( ( 97-0155 ( ( ( ( SF-2 ( ( ( 97-0155 ( ( ( ( P E P P E R G R A S S C V ( ( ( D A VIS L N ( ( ( ( C14-2014-0190 MF-4-CO UNDEV ( ( SF-2 ( ( 97-0155 97-0155 97-0155 P Restrictive Covenant Termination SUBJECT TRACT ! ! ! ! ! ! PENDING CASE SF-6-CO C14-03-0157 ( ( ( ( ( ( ( ( 97-0155 UNDEV S E C14-99-0033 99-0033 SF-6-CO A JAY D R UNDEV D V L B E T A G T S E W 97-0155 MF-2-CO RL K T C A B AILS R RL OLA T NIC ( ( SF-3 ( D N B O I P O C A ( RR O P ( P S W AY C14-07-0014 SF-6-CO ( C14-2019-0017 MH ZONING BOUNDARY EXHIBIT A ZONING CASE#: C14-05-0151(RCT) 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: 7/29/2024 ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 18, 2024 Joi Harden, Planning Officer Planning Department 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Subject: Restrictive covenant termination for 8420 Longview Rd. and 3114 Cameron Loop (the “Property”) Dear Ms. Harden, On behalf of SB Longview LLC (the “Applicant”), I request that the city terminate the restrictive covenant recorded in Document No. 2006215145 of the Official Public Records of Travis County, Texas (the “Restrictive Covenant”). This request will release the Property from the provisions of a nearly 20-year-old Neighborhood Traffic Analysis (now known as Neighborhood Transportation Analyses, or “NTAs”) and instead allow current rules and regulations to control. Roughly two decades ago, a prior owner requested rezoning for the Property from Rural Residence (“RR”) zoning to Townhouse and Condominium (“SF-6-CO”) zoning, with a conditional overlay limiting the allowable residential density. The Property today still features this same SF-6-CO zoning and the Applicant is currently in site plan review for a project that complies with this zoning. As part of that rezoning case, the city performed an NTA and recorded a Restrictive Covenant requiring compliance with all recommendations in the associated NTA memorandum dated November 16, 2005, including outdated pavement requirements. That Restrictive Covenant specified that it could only be terminated by a vote of the City Council. Since 2005, the city has updated its standards and outlined its expectations for streets in a new Austin Strategic Mobility Plan. However, due to this Restrictive Covenant, the Property continues to be governed by the 2005 NTA memorandum. The applicant’s proposed site plan, which the city is reviewing, reflects the city’s current transportation requirements. The Applicant requests that the city terminate this Restrictive Covenant and allow the city’s current standards to control. Doing so would allow the Applicant to continue to proceed through the site plan review process and deliver new housing opportunities, in compliance with the existing zoning. Thank you for your consideration. Please do not hesitate to reach out to me with questions or to discuss this request further. Respectfully, Michael J. Whellan {W1207806.1} EXHIBIT B