03 C14-2025-0002 - Cooper Apartments; District 5 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2025-0002 – Cooper Apartments DISTRICT: 5 ADDRESS: 7804 Cooper Lane ZONING FROM: SF-3-CO TO: MF-3 SITE AREA: 1.381 acres PROPERTY OWNER: 7804 Cooper Lane LLC (Stephen Stokes) AGENT: 7804 Cooper Lane LLC (Stephen Stokes) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMEDATION: The Staff recommendation is to grant multifamily residence – low density (MF-2) district zoning. ZONING & PLATTING COMMISSION ACTION / RECOMMENDATION: June 17, 2025: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The subject rezoning area consists of approximately 1.38 acres located at the northwest corner of West Dittmar Road and Cooper Lane, within close proximity to South 1st Street, an Imagine Austin Corridor. The site is currently an undeveloped and unplatted tract that is zoned family residence – conditional overlay (SF-3-CO) combining district zoning by a 2016 rezoning case. West Dittmar Road is a Level 3 divided arterial road at this location, while Cooper Lane is a Level 2 street. The entire site is located within a hazardous pipeline overlay with a petroleum and a natural gas pipeline extending through the most northern portion of the site. 03 C14-2025-0002 - Cooper Apartments; District 51 of 11 C14-2025-0002 Page 2 Adjacent land uses include a religious assembly and a single family residence to the north (DR; NO-MU-CO; SF-6-CO); the Cooper Villas condominiums directly across Cooper Lane (MF-1-CO; SF-2; DR); single family residences, two manufactured homes, a two-family residence and South Boggy Creek to the south (SF-4A-CO; I-RR; SF-3-CO); and a detention and water quality pond and single family residences to the west (SF-2-CO). Additionally, there are 30 residential units just north of the condominiums on Cooper Lane. Please refer to Exhibits A (Zoning Map) and A-1 (Aerial Exhibit). The Applicant is requesting multifamily residence – medium density (MF-3) district zoning in order to develop 24 multifamily residences. The proposed development will front West Dittmar Road and would be located outside of the pipeline easement. No structure will be placed within the restricted pipeline area, which includes the area within 25 feet of a hazardous pipeline. Additional construction and design standards will also be required. Currently the conditional overlay includes two transportation related items that prohibit vehicular access to Cooper Lane and permits only one driveway approach to West Dittmar Road from the property. However, Transportation and Public Works (TPW) supports the removal of the conditional overlay with respect to the transportation items. Site access is being proposed from West Dittmar Road. Staff is recommending multifamily residence – low density (MF-2) district zoning. The pipeline area can be included for an (MF) lot that is over 1 acre. Although the area within 25-feet of the pipeline itself is excluded from minimum lot size calculations, the (MF) density requirements would be based on the gross site area; therefore, no adjustment for the pipeline is required and it was determined that (MF-2) district zoning would allow for the 24 units being proposed. The applicant is in agreement with the staff recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed Multifamily Residence – Low Density (MF-2) district is intended to accommodate multifamily use with a maximum density of up to 23 units per acre, depending on unit size. This district is appropriate for multifamily residential areas located near single-family neighborhoods, and in selected areas where low density multifamily use is desirable. 2. Zoning changes should promote compatibility with adjacent and nearby land uses. The applicant is proposing to develop 24 multifamily residences. This low-density zoning category is appropriate with the surrounding zoning pattern. There is multifamily residence – limited density – conditional overlay (MF-1-CO) combining district zoning directly across Cooper Lane, as well as down the street on West Dittmar Road. 03 C14-2025-0002 - Cooper Apartments; District 52 of 11 C14-2025-0002 Page 3 3. The proposed zoning should allow for a reasonable use of the property. This future project is ideally located at the intersection of West Dittmar Road and Cooper Lane. It is less than one quarter of a mile to South 1st Street where a Capital Metro bus stop is located. The proposed residential development will help increase the number of housing choices for the City and the surrounding neighborhood. EXISTING ZONING AND LAND USES: ZONING Site SF-2-CO North DR; NO-MU-CO; SF-6-CO; SF-4A-CO; I-RR; SF-3-CO East MF-1-CO; SF-2; DR South West SF-2-CO LAND USES Undeveloped Pipeline easement; Church; Telecommunications tower; Single family residences and outbuildings on large tracts Single family residences; Manufactured home; Two family residence Cooper Villas - 41 condominium units; Pipeline easement; Two single family residences on large lots; Convenience store; Food sales Detention and water quality pond; Single family residences within the Taylor Estates Section I subdivision NEIGHBORHOOD PLANNING AREA: N/A WATERSHED: South Boggy Creek – Suburban CAPITOL VIEW CORRIDOR: No SCENIC ROADWAY: No SCHOOLS: Austin Independent School District Casey Elementary School Bedichek Middle School Akins High School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Neighborhoods Council Go Austin Vamos Austin 78745 Homeless Neighborhood Association Matthews Lane Neighborhood Association Neighborhood Empowerment Foundation South Austin Neighborhood Alliance (SANA) Sierra Club, Austin Regional Group Austin Lost and Found Pets Friends of Austin Neighborhoods Onion Creek HOA Preservation Austin Save Our Springs Alliance SELTexas 03 C14-2025-0002 - Cooper Apartments; District 53 of 11 C14-2025-0002 Page 4 AREA CASE HISTORIES: NUMBER C14-2021-0119 – 911 and 915 West Dittmar Road REQUEST DR; SF-2 to MF-2 COMMISSION To Grant MF-1-CO w/CO for a max of 20 units, 2 units/bldg.; 25’ vegetative buffer along east property line, and max height of 30’/2 stories (10/19/2021) CS-CO to MF-1 To Grant MF-1-CO to C14-2014-0049 – Cooper Villas – 7805 Cooper Ln CITY COUNCIL Apvd MF-1-CO as Commission recommended (11/4/2021) Apvd MF-1-CO as ZAP recommended (6-26-2014). Apvd CS-CO and MF-1-CO as ZAP recommended (12-15- 2005). Note: Site Plan apvd for 41 one-story condo units w/parking, pond, rain garden, pool & amenity center on 3.82 acres. Apvd SF-6-CO with a Restrictive Covenant to prohibit the use of gated access on the property (12-10- 2015). be incorporated into condo project (C14-05-016) to the south w/CO prohibiting residential uses (5/20/2014) To Grant CS-CO for convenience storage and plant nursery and all W/LO uses on Tract 1, and MF-1-CO for Tract 2; w/ 2,000 vehicle trip limit for Tracts 1 & 2 (11/1/2005) To Grant SF-6-CO w/CO for 30 stand- alone units, 10’ vegetative buffer along southernmost property line w/replacement provisions, pedestrian and bike access along the north, east and south property lines DR; LO to CS for Tract 1; MF-1 for Tract 2 C14-05-0161 – Prunty Tracts – 7720 S. 1st Street; 7801-7805 Cooper Lane; 630-640 Dittmar Rd C14-2015-0061 – 7513 and 7603 Cooper Lane DR; SF-2 to SF-6 RELATED CASES: C7A-83-017 – The property was annexed into the full purpose City limits on November 15, 1984 (Ordinance No. 19841115-LL). C14-2015-0129 – The subject property was rezoned to SF-3-CO in March 2016. The Conditional Overlay prohibits vehicular access to Cooper Lane, permits one driveway access to Dittmar Road, and allows a maximum of 4 residential units. 03 C14-2025-0002 - Cooper Apartments; District 54 of 11 C14-2025-0002 Page 5 ADDITIONAL STAFF COMMENTS: Comprehensive Planning Project Name and Proposed Use: 7804 COOPER LANE. C14-2025-0002. Project: Cooper Apartments. 1.381 acres from SF-3-CO to MF-3. Existing: vacant lot. Proposed: 24 unit multifamily. Yes Y Imagine Austin Decision Guidelines Complete Community Measures * 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 *: • 0.13 miles from South First Activity Corridor Y Mobility and Public Transit *: Located within 0.25 miles of public transit stop and/or light rail station. • 0.14 miles from bus stop at intersection of South First and W Dittmar RD Y Mobility and Bike/Ped Access *: Adjoins a public sidewalk, shared path, and/or bike lane. • Sidewalk and bike lane present along W Dittmar RD 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. Y Connectivity and Education *: Located within 0.50 miles from a public school or university. • 0.5 miles to Williams Elementary School Y Connectivity and Healthy Living *: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.5 miles to Dittmar Recreation Center and Dittmar Neighborhood Park 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.) Y 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. Y Not located over Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 7 Number of “Yes’s” 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. 03 C14-2025-0002 - Cooper Apartments; District 55 of 11 C14-2025-0002 Environmental Page 6 The site is not located over the Edwards Aquifer Recharge Zone. The site is in the South Boggy 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. PARD – Planning & Design Review Parkland dedication will be required for the new applicable uses proposed by this development, multifamily apartments with proposed MF-3 zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in- lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. 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. 03 C14-2025-0002 - Cooper Apartments; District 56 of 11 C14-2025-0002 Page 7 If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: ann.desanctis@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. Site Plan Site plans will be required for any new development except for residential only projects with up to 4 units. Any new development is subject to LDC Subchapter E Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Due to its presence within the Hazardous Pipelines overlay, this site is subject to the Hazardous Pipeline Ordinance. Development in a restricted pipeline area is regulated by Sec. 25-2-516. Review by the Fire Department will be required for any proposed development. Before a person may place a road, surface parking lot, or utility line in a restricted pipeline area, the person must deliver to the Director a certification by a registered engineer stating that the proposed construction activity and structure are designed to prevent disturbing the pipeline or impeding its operation. Transportation – Engineering Review The Austin Strategic Mobility Plan (ASMP) calls for 72 feet of right-of-way for Cooper Lane. It is recommended that 36 feet of right-of-way from the existing centerline should be dedicated for Cooper Lane 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 80 feet of right-of-way for W Dittmar RD. It is recommended that 40 feet of right-of-way from the existing centerline should be dedicated for W Dittmar RD 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) Cooper Lane Level 2 72’ Varies: 57’ – 142’ 35’ Yes, 6’ No Yes 03 C14-2025-0002 - Cooper Apartments; District 57 of 11 C14-2025-0002 Page 8 West Dittmar Road Level 3 – Major Arterial 80’ Varies: 80’ – 90’ 57’ (including median: 10’ – 19’) Yes, 6’ Yes Yes TPW supports the removal of the conditional overlay with respect to the transportation aspects. When a property is at the corner of two streets, access shall be provided along the intersecting street with the lower Street Level unless property frontage exceeds 200 ft on the higher Level Street (or shortest frontage exceeds 200 ft when both streets are the same Level) or multiple points of access are required for the site due to Fire Code or the LDC. Reference: TCM, 7.6.2.A A Traffic Impact Analysis is not required. Austin Water Utility No comments on zoning change. FYI: The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All new development within the proposed project will be subject to City Code Chapter 25-9 and any future amendments relating to reclaimed water connections, water benchmarking, and mandatory onsite water reuse. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Attachment A: Applicant’s Summary Letter 03 C14-2025-0002 - Cooper Apartments; District 58 of 11 ( ( ( ( SF-2 ( W O O D C L I F F D R ( ( OAK HEDG E PL ( ( ( ( ( M/H SF-2 ( WHSE DR SF-6 C14-2019-0090 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( SF-2 ( MINI WAREHOUSES ( ( SF-6-CO C14-2014-0052 T S ( B R Y N N E R S T MC QUEEN ST C14-96-0078 W A L L A C H S T ( Z L O H H C U B ( ( ( BERNESE PASS ( SF-6-CO C14-2019-0100 ( ( ( ( BE RNS T E IN S T R O O K S T 96-0078 T S I F F N A D TERRIER TRL V E D N U ANN TAYLOR DR DR S T E P H A N Y T A Y L O R C V ! ! ! ! ! ! ! ! ! KEVIN TAYLOR DR 84-453 SF-2-CO ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 02-0069 NO-MU-CO ! ! ! ! SF-2-CO ! ! ! ! ! ! ! ! ! ! ! ! ! ! 96-0126 MARC TAYLOR DR C14-96-0126 UNDEV MH UNDEV ( MF-1-CO C14-2021-0119 ( ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 93-0122 ( ( ( ( PATCHWAY LN ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( LATT E RID G E D R P O N D ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( ( ( ( 93-0122 ( ( N L Y R U B S D N O M L A ( SF-4A-CO ( ( ( ( ( N L N O T S E L D D U H ( ( ( ( ( ( ( ( Y A W N O T G N K C O T I ( ( ( ( 93-0122 ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 93-0122 C O O P E R L N SP-02-0316CS SF-6-CO C14-02-0039 ! ! ! ! ! 02-0039 ! ! ! ! ! ! ! ! CHURCH ! ! ! ! DR ! ! ! ! ! ! ! EXXON PIPELINE EASE. ! ! ! ! ! ! ! ! ! C14-2015-0129 SF-3-CO ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( ( ( M/H I-RR ( ( ( 04-0142 C14-04-0142 SF-3-CO ( SF-2 SF-6-CO C14-2015-0061 SF-6-CO C14-2022-0033 ( M/H HORTICULTURE ( DR ( WHSE EXXON PIPELINE EASE. C14-2014-0049 SF-2 UNDEV MF-1-CO C14-05-0161 05-0161 84-134 W M/H ( D I T T M A R R D ( 79-139 CS-CO C14-2016-0046 860206-K C14-05-0162 GR-MU-CO 05-0162 T T S S S 1 DAY LO 80-147 UNDEV LR LR 79-150 S E R VIC 79-164 E\S 79-1 6 3 SF-3 T A TIO N SERV\STAT 79-166 87-06 AIL T E R 79-150 ( 74-166 ( ( ( ( ( ( ( 85-319 SF-4A-CO UNDEV ( ( ( ( ( ( ( ( ( B L U ( ( E V A L L E ( ( 74-028 SP-2007-0374C 86-173 UNDEV 74-028 LR 86-123 SF-6 ( ( ( ( ( ( ( ( ( ( ( ( ( ( DR ( ( ( ( ( SF-2 ( ( W ALES W AY ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( Y D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( T M A I R O S ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( 81-108 ( ( R E D G ( ( ( ( Y RID ( G G O B ( ( ( ( ( ( ( CHURCH SCHOOL SF-2 ( ( ( ( SF-2 ( ( ( ( ( SF-3 ( ( ( 83-262 ( ( ( ( ( I N L E R A L C L E B SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2025-0002 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. ( ( ( ( ( ± SP89-0196X A.I.S.D. H. WM. SP89-0196X SP89-0196X(R1) SF-2 83-262 H. WILLIAMS ELEMENTARY SCHOOL 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: 1/6/2025 SF-3 ( ( SF-3 ( ( MEADOW LEA DR ( ( ( ( R D Y R R E B K C A L B ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ELDERBERRY CV ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( C L O U D ( ( ( ( B E R R Y C IR ( ( ( ( SF-3 ( E L D E R B E R R Y D R ( ( SF-3 ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( SF-2 03 C14-2025-0002 - Cooper Apartments; District 59 of 11 EXHIBIT A-1 03 C14-2025-0002 - Cooper Apartments; District 510 of 11To Whom It May Concern, We are requesting a zoning change from SF-3-CO to MF-3 for the property located at 7804 Cooper Lane, Austin, Texas 78745. We are planning to build a 24 unit apartment building on the property and a draft sketch of the proposed structure is below. The reason for MF-3 vs MF-2 is to accommodate the full 24 units. We welcome any questions and appreciate your review of this request. Best, Stephen Stokes, Managing Member, 7804 Cooper Lane, LLC 512-791-8001 03 C14-2025-0002 - Cooper Apartments; District 511 of 11