06 C14-84-022(RCA) - Riata Restrictive Covenant Amendment; District 6 Staff Report — original pdf

Backup

ZONING CHANGE REVIEW SHEET CASE: C14-84-022(RCA) - Riata Restrictive Covenant Amendment DISTRICT: 6 ADDRESS: 5636 1/2, 5621 1/2, 5705, 5729 1/2 Diehl Trail OWNER/APPLICANT: DK Riata LLC (Kathryn Jorgensen) AGENT: Land Use Solutions (Michele Haussmann) ZONING: MF-4-CO AREA: 17.078 acres REQUEST: The applicant is requesting an amendment to this restrictive covenant to remove the thirty (30) units per acre maximum. CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends the proposed amendment to the public restrictive covenant. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: November 19, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 DEPARTMENT COMMENTS: In this case, the applicant is requesting to amend a public restrictive covenant that was recorded in 1984 in association with zoning case C14-84-022. The applicant is asking to amend to this restrictive covenant to remove the thirty (30) units per acre maximum since it is higher than the existing eighteen (18) units per acre maximum stipulated by the conditional overlay in zoning Ordinance No. 20080131-101 for this property (please see Applicant’s Request Letter - Exhibit C and Original Restrictive Covenant – Exhibit D). The staff recommends the applicant’s request to amend the conditions of this public restrictive covenant because the property in question is currently developed with a 307-unit multifamily project, which has a density of eighteen (18) units per acre. As the units per acre limit is more restrictive in the current zoning ordinance, Ordinance No. 20080131-101, there is no need to maintain the less restrictive condition in the public restrictive covenant from 1984. The applicant agrees with the staff’s recommendation. EXISTING ZONING AND LAND USES: ZONING Site MF-4-CO SF-2 North South GO-CO, MF-3 East West GO-CO, LI SF-2 LAND USES Multifamily Single-Family Residential Office/Warehouse, Multifamily (Riata Apartments) Office/Warehouse (Highflex), Undeveloped Single-Family Residential AREA STUDY: Golden Triangle Area Study WATERSHED: Walnut Creek CAPITOL VIEW CORRIDOR: N/A NEIGHBORHOOD ORGANIZATIONS: AREA CASE HISTORIES: NUMBER C14-2007-0211 (Clear Water: 5701-5725 Diehl Trail) REQUEST GO-MU-CO to MF-4 2 HILL COUNTRY ROADWAY: N/A COMMISSION 12/18/07: Approved the staff recommendation of MF-4-CO zoning with following proposed CO: 1) Development on the site shall be limited to less than to less than 2,260 trips per day. 2) There shall be a 25-foot vegetative buffer (within the required compatibility setback) CITY COUNCIL 01/10/2008: Approved MF-4-CO zoning by consent, with the following amendment to allow additional trees to be planted in the vegetative buffer and the necessary improvements to allow trees to be planted (7-0); 1st reading. C14-06-0131 GO-CO to GO-MU 01/31/2008: Approved MF-4-CO zoning by consent, prohibiting structures within a limited area as had requested (7-0); 2nd/3rd readings. neighborhood the 8/10/06: Approved GO-MU-CO zoning with building coverage increased to 60% and impervious coverage increased to 80%(7-0); all 3 readings along the property line adjacent to the existing SF-2 zoning /single family residential uses to the north, west and east. 3) Residential development on the property shall be limited to 18 units per acre. Adding conditions agreed upon by the applicant and the adjacent single-family residents (7-0, J. Martinez-off dais) 7/18/06: Approved the staff’s recommendation of GR-MU-CO zoning by consent (6-0, B. Baker, J. Gohil, J. Martinez- absent); M. Hawthorne-1st, C. Hammond-2nd. The conditional overlay will impose the following conditions on the site: 1) The property shall be restricted to ‘LO’ district development standards and regulations, with the exception of height limitations. 2) Development on the site shall be limited to less than to less than 2,260 trips per day. 3) There shall be a 25-foot vegetative buffer (within the required compatibility setback) along the property line adjacent to the existing SF-2 zoning/ single family residential uses to the north, west and east. 4) Residential development on the property shall be limited to 18 units per acre. In addition, the applicant agreed to post fiscal for improvements at the intersection of Riata Vista West and Parmer Lane, Riata Vista East and Parmer Lane, and Delcour Drive and Parmer Lane in association with zoning case C14-00-2188. 1/08/02: Approved staff’s recommendation of LI-PDA by consent (9-0) 11/13/01: Approved staff’s recommendation of P zoning by consent. (8-0, J. Martinez- 3 C14-01-0174 I-RR to LI-PDA C14-01-0145 IP to P 2/07/02: Approved LI-PDA on all 3 readings (6-0, Goodman- absent) 12/13/01: Approved P on all 3 readings (7-0) C14-00-2188 MF-3 to GO 1/18/01: Approved PC rec. of GO-CO (6-0); all 3 readings absent) 12/05/00: Approved staff’s rec. of GO-CO w/ conditions (8-0): 40 foot height limit, 100 foot building setback from any single-family residential property, ‘LO’ development standards and regulations, and a 2,260 vehicle trip limit per day. Approved initiation of rezoning from I-RR to GR-MU, LO-MU and IP (5-0-1, DS-abstain) Approved LI-PDA & GR-MU by consent (8-0-1) Approved alternate recommendation of GR-CO-MU (5-1) Approved RCA with neighborhood and applicant agreement (6-0) Approved PC recommendation of LI-PDA (TR1&3), GR-MU (TR 2A/2B) with conditions (6-0); all 3 readings Approved PC recommendation of GR-MU-CO w/ conditions (6-0), all 3 readings Approved RCA with conditions (5-0, WL/JG-absent) C14-98-0130 I-RR to LI-PDA I-RR to GR-MU C14-96-0001 GR-CO to GR- MU C14-84-0022 Restrictive Covenant Amendment RELATED CASES: C14-2007-0211, C14-06-0131, C14-00-2188 - Previous Rezoning Cases 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 and therefore an Imagine Austin compliance report has not been provided for this case. Environmental No comments. Fire No comments. Parks and Recreation Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. 4 Site Plan Transportation Site plan comments will be provided at time of site plan submittal. 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) Diehl Trail Level 1 58’ 78’ 42’ Yes No No Riata Vista Cir. Level 3 116’ 90’ 61’ Yes No No Water Utility No review required. INDEX OF EXHIBITS TO FOLLOW A: Case Map B. Applicant’s Request Letter C. Proposed Redlined Amendment to the Restrictive Covenant 5 PUD L A Z Y F I E L D T R L PUD G R E 84-244 PUD E N A C R E S PUD L Y P L L E V I N K E K PUD C14-2011-0029 UNDEV I-SF-2 > > MF-2 ( ( ( ( ( ( ( 84-022 PUD SF-2 B A T O N R O U G E D R I A N T R L A C A D ( ( ( ( ( ( ( 84-022 ( ( N E M A N N I H E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( D R C A R R E R A ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 84-022 ( ( ( SF-2 ( ( ( ( ( ( D R ( (( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( A V E R ( ( ( ( ( RL ( N T ( ( O T ( G VIN O C ( ( ( ( ! ( ( ( ! ! ( ( ! ( ( ! ( L A N Y IS ( ( ( PUD PUD C814-04-0066 ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( T R L N N ( I Q U ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( 84-022 D R ( ( ( ( ( ( C A M P O S D R ( ( ( ( ( ( 84-022 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( G A R ( ( ( ( ( ( ( ( ( SF-2 ( ( 84-022 ( ( ( ( ( ! ( ! ( ( ( ( ( ! ! ! ( ! ( ! ( ( ( ( ( ( ! ( ! ( ( ( 84-022 ! ( ! ( ( ( ( ( I D A N C O R ( ( ( ( ( ( ( ( ( 84-022 ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( C14-06-0131 06-0131 00-2188 C14-2007-0211 C14-00-2188 MF-4-CO M E R L N W P A R ( ( ( ( V E P O R ( ( ( ( T D ( ( R ( ( ( ( ( ( S H ( R E ( SF-2 ( ( ( ( ( 84-022 ( ( L D FIE ( ( N L ( ( ( ( ( ( ( ( ( ( ( ODIE LN ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ! ( ! ( ! ( ( ! ( ! ! ( ( ! ! RIATA VISTA CIR ! ( ! ( ! ( ! ( ( ! ( ( ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! EXHIBIT A 98-0103 LI-PDA C14-98-0103 LE G E N D A R Y D R LI-PDA ( ( ( ( ( ( ( 84-022 ( ( ( ( ( SP-2007-0454C LI 84-022 85-244 UNDEV TERCELLO LN ! ! ! ! ! ! ! ( ( ! ( ! ( D A V E ( ( ( ( ( ! ! ( ! ( ! ( 99-0015 GO-CO OFFICE DIEHL TRL UNDEV SP-99-0257C MF-3 LI MF-2-CO C14-94-0039 APARTMENTS 94-0039 MF-2-CO A L A M E D A T R A C E C I R MF-2-CO 84-022 85-244 84-022RC RIATA T R A C E P K W Y IP LI 84-022 ± SUBJECT TRACT Restrictive Covenant Amendment ! ! ! ! ! ! PENDING CASE CASE#: C14-84-022(RCA) 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: 8/27/2024 EXHIBIT B Michele Haussmann PRINCIPAL Michele@LandUseSolutionsTX.com July 25, 2024 Ms. Joi Harden, Zoning Officer Planning Department City of Austin VIA Electronic Mail Joi.Harden@AustinTexas.gov Re: Restrictive Covenant Amendment – Approximately 17.078-acre tract located at 5701 Diehl Trail in the City of Austin (“City”), Travis County, Texas (“Property”) Dear Ms. Harden: As representatives of the owner of the above-stated Property, DK RIATA LLC (“Applicant”), we respectfully submit the enclosed Restrictive Covenant Amendment Application and submittal package. The Property is subject to the City Public Restrictive Covenant recorded in Volume 9775, Page 543 of the Travis County Real Property Records (“City Restrictive Covenant”), which restricts residential development to a maximum of thirty (30) units per acre. A copy is enclosed for your review. The Property is currently developed as a 307 unit multifamily project, which has a density of eighteen (18) units per acre. Since the existing multifamily project is eighteen (18) units per acre, which is less than the thirty (30) units per acre maximum in the City Restrictive Covenant, we respectfully request an amendment to delete the thirty units (30) per acre maximum. The City Restrictive Covenant was part of a rezoning request in 1984, City File Number C14-84-022. At that time, the City Code did not have a provision that allowed the inclusion of a Conditional Overlay (“CO”) in a zoning Ordinance to restrict certain site development regulations, such as, maximum density. Since CO’s were not an option, the City required public Restrictive Covenants. Subsequent to the recordation of the City Restrictive Covenant in 1984, in 2008 the Property was rezoned as MF-4-CO, Ordinance No, 20080131-101 (“Zoning Ordinance.”) A copy is enclosed for your review. The Zoning Ordinance includes a CO that restricts the maximum density to eighteen (18) units per acre. The Applicant is requesting an amendment to the City Restrictive Covenant to remove the thirty (30) units per acre maximum since it is higher than the existing eighteen (18) units per acre maximum in the CO in the Zoning Ordinance and as the Property is developed today. Please let me know if you have any questions or need additional information. Thank you for your time and assistance with this request and I look forward to working with you and your team. Respectfully, Michele Haussmann CC: Sherri Sirwaitis, Planning Department, via electronic mail Wendy Rhoades, Development Services Department, via electronic mail Kathryn Jorgensen, DK RIATA LLC, via electronic mail Enclosures EXHIBIT C