03 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 8 - Staff Report — original pdf

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ZONING & PLATTING COMMISSION SITE PLAN EXTENSION REVIEW SHEET CASE NUMBER: SP-2017-0248C(XT3) ZAP HEARING DATE: June 2, 2026 PROJECT NAME: Deerfield Lot 1C ADDRESS OF SITE: 3601 Davis Lane COUNCIL DISTRICT: 8 NEIGHBORHOOD PLANNING AREA: N/A WATERSHED: Williamson Creek JURISDICTION: Full-Purpose APPLICANT/ OWNER: AGENT: WW Deerfield LTD % Walters Southwest 1010 W. MLK Jr. Blvd Austin, TX 78701 LJA Engineering, Inc., Reese Hurley, PE 7500 Rialto Blvd., Bldg. 2, Ste. 100 Austin, TX 78735 (512) 964-7772 (512) 439-4700 CASE MANAGER: Christine Barton-Holmes christine.barton- (512) 974-2788 holmes@austintexas.gov PROPOSED DEVELOPMENT: The applicant is requesting a three-year extension to a previously approved site plan. Construction has completed or begun on all phases of development except for what is indicated on Lot 1C-A of the overall Deerfield Lot 1C site plan. Construction on Lot 1C-A includes common site drives, utilities, and the proposed building footprint for restaurant and retail uses. SUMMARY STAFF RECOMMENDATION: Staff recommends approval to extend this site plan permit by three years, from March 1, 2026 to March 1, 2029 based on the case meeting criteria from LDC Section 25-5-62(C)(1)(a). 25-5-63(C) Extension of released site plan by the Land Use Commission: “the Land Use Commission may extend the expiration date of a released site plan beyond the date established by this chapter if the Land Use Commission determines that the request complies with the requirements for extension by the director under 25-5-62 (Extension of Released Site Plan by Director).” 25-5-62(C) The director may extend the expiration date of a released administrative site plan one time for a period of one year if the director determines that there is good cause for the requested extension; and (1) the director determines that: a) the site plan substantially complies with the requirements that apply to a new application for site plan approval; b) the applicant filed the original application for site plan approval with the good faith expectation that the site plan would be constructed; c) the applicant constructed at least one structure shown on the original site plan that is suitable for permanent occupancy; or d) the applicant has constructed a significant portion of the infrastructure required for development of the original site plan; 03 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 81 of 11 SUMMARY OF SITE PLAN: LAND USE: The site is zoned LR and GR-CO. All site calculations are within the allowed amount. ENVIRONMENTAL: All environmental comments have been cleared. TRANSPORTATION: All transportation comments have been cleared. PREVIOUS APPROVALS 11/07/2018 12/30/2021 Site Plan administrative approval. Permit expiration: 11/7/2021 Mayor Order No. 20211220-036 extended all permit and expiration dates during COVID. Permit expiration moved to 03/01/2022 One-year administrative extension approved. Permit expiration moved to 03/01/2023. Three-year Commission extension approved. Permit expiration moved to 03/01/2026. 04/07/2022 08/01/2023 PROJECT INFORMATION SITE AREA EXISTING ZONING FLOOR-AREA RATIO BUILDING COVERAGE IMPERVIOUS COVERAGE 6.584 acres LR and GR-CO Allowed 0.5:1 (LR) and 1:1 (GR) 50% (LR) and 75% (GR) 80% (LR) and 90% (GR) Proposed 0.134:1 14.74% 62.23% EXISTING ZONING AND LAND USES North South East West ZONING LR; GR; and MF PUD and I-RR GR-CO P ABUTTING STREETS Street Davis Ln Brodie Ln Deer Ln LAND USES Apartment/Condo (located across Davis Ln) Office and Parks/Greenbelts (located across Deer Ln) Commercial (located across Brodie Ln) Fire Station Pavement Width Classification approx. 70 feet approx. 67 feet approx. 23 feet Level 3 Level 3 Level 1 TNR BCP - Travis County Natural Resources NEIGHBORHOOD ORGANIZATIONS: Austin ISD Circle C Neighborhood Association Deer Park Owners Association, Inc. Friends of Austin Neighborhoods Homeless Neighborhood Association Maple Run-Wheeler Creek-Woodstone Village Oak Hill Association of Neighborhoods (OHAN) Onion Creek Homeowners Assoc. Preservation Austin Save Our Springs Alliance 03 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 82 of 11 Property Profile Staff Zoning Map 7 of 8 Legend Property PURPOSE Jurisdictions Fill Jurisdiction PURPOSE 1 Text Notes SP-2017-0248C(XT2) - Deerfield Lot 1C - site plan extension 7/24/2023 03 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 83 of 11 DEERFIELD LOT îC 3601 DAVIS LANE AUSTIN, TX 78749 OVERALLSITEPLAN 03 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 84 of 11 January 15, 2026 Development Services Department P.O. Box 1088 Austin, Texas 78767 RE: Request for 2nd Planning Commission Site Plan Extension Request specifically applies to Deerfield Lot 1C-A Only (SP-2017-0248C) LJA Project No. A205-0415-2501 To whom it may concern: The purpose of this letter is to provide support for the request of this submitted extension in context with Section 25-5-63 of the City of Austin Land Development Code. Please see the following justifications. 1) In order to satisfy 25-5-62 (C)(1)(a), please note that this project is not subject to the SOS Ordinance per the Amended and Restated Compromise Settlement Agreement, dated August 13, 1998, as referenced on the cover sheet of the construction plans. There are numerous other items in the Settlement Agreement that exempt this project from having to comply with all current City Code requirements, even if a new application was submitted. The approved plan meets the requirements that were in effect at the time of the original platting of the property in conjunction with the Legal Settlement Agreement. That in itself makes it difficult for this section of code to be considered as qualifying criteria for this particular extension request. 2) In order to satisfy 25-5-62(C)(1)(b), please note that the project was approved prior to the beginning of COVID. The Economy slowed down because of it. Even still, all lots except for Lot 1C-A of this site plan have been constructed and are occupied. Taking a project to the finish line, paying all required fees, and ultimately obtaining a site development permit from the City already shows a good faith effort. Having gone through four site plan corrections, already obtained a previous administrative site plan extension request, and a planning commission extension request, as well as going through a zoning case also shows good faith effort to continue progressing the development of the property. It goes without saying that a owner/developer does not profit at all from a pad site that does not get sold to an end user. The owner continues to market the property for sale in a good faith effort. The project also satisfies both 25-5-62(C)(1)(c) and 25-5-62(C)(1)(d), although it is only required to comply with one of these two as required by the “Or” clause in the code. 3) In order to satisfy 25-5-62(C)(1)(c), all but one building is constructed and occupied except for this last remaining lot as mentioned above. Only a building permit for Lot 1C- A would be required to finish the overall project. Substantial progress has therefore been made toward completing the overall Lot 1C project. W:\A205\2501(Deerfield Lot 1C-A)\Agency Submittals\SP XT3\CC1\Working Files\Extension Request.docx LJA Engineering FRN-F-1386 03 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 85 of 11 January 15, 2026 Page 2 4) In addition, this project fully complies with 25-5-62(C)(d) in that all public infrastructure, water quality and detention facilities, shared access drives, and most of the private infrastructure is already in place. Please note that there is an applicable Unified Development Agreement for all owners associated with this project. Please note that the previously approved Engineer’s Report with SP-2017-0248C, dated June 29, 2017, is attached for purposes of this extension request in order to satisfy the completeness check submittal requirement. Since the initial city approval of the Deerfield Lot 1C site plan in November of 2018, no substantial changes have been made to the project improvements. The four processed corrections are noted on the cover sheet and shown on the current approved plans. The changes to date have been limited to a minor footprint change for Building 3, internal building use changes within Buildings 1 and 3, private parking adjustments, and private grading changes, but no changes to public utilities have been required. All public infrastructure is in place on the site. A rezoning case was approved by the City of Austin per Ordinance No. 20220728-153 to change the zoning on Lot 1C-C from LR to GR-CO. A rezoning case was also approved by the City of Austin per Ordinance No. 20231130-105 to change the zoning on Lot 1C-A from LR to GR-CO. No changes to the water quality nor detention facilities have been necessary, nor is this expected to be proposed at any point in the future, as these facilities are in place and remain functioning on site as intended. Please do not hesitate to contact me at (512) 439-4700, XT 4734 with any questions. Sincerely, Reese Hurley, P.E. Project Manager LJA Engineering, Inc. W:\A205\2501(Deerfield Lot 1C-A)\Agency Submittals\SP XT3\CC1\Working Files\Extension Request.docx LJA Engineering FRN-F-1386 03 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 86 of 11July 10, 2023 Development Services Department P.O. Box 1088 Austin, Texas 78767 RE: Deerfield Lot 1C (SP-2017-0248C) – Request for Planning Commission Site Plan Extension LJA Project No. A205-0415 To whom it may concern: The purpose of this letter is to provide support for the request of this submitted extension in context with Section 25-5-62 of the City of Austin Land Development Code. Please see the following justifications. 1) In order to satisfy 25-5-62 (C)(1)(a), please note that this project is not subject to the SOS Ordinance per the Amended and Restated Compromise Settlement Agreement, dated August 13, 1998, as referenced on the cover sheet of the construction plans. There are numerous other items in the Settlement Agreement that exempt this project from having to comply with all current City Code requirements, even if a new application was submitted. The approved plan meets the requirements that were in effect at the time of the original platting of the property in conjunction with the Legal Settlement Agreement. That in itself makes it difficult for this section of code to be considered as qualifying criteria for this particular extension request. 2) In order to satisfy 25-5-62(C)(1)(b), please note that this project was approved prior to the beginning of COVID. The Economy slowed down immensely because of it. Even still, all lots except for Lot 1C-A of this site plan have been built out (Lot 1C-B) or are currently under construction (Lot 1C-C). Taking a project to the finish line, paying all required fees, and ultimately obtaining a site development permit from the City already shows a good faith effort. Having gone through multiple site plan corrections, obtaining a previous administrative site plan extension request, as well as currently going through a zoning case also shows good faith effort to continue progressing the development of the property. It goes without saying that a developer does not profit at all from a pad site that does not get sold to an end user. Please note that this project also satisfies both 25-5-62(C)(1)(c) and 25-5-62(C)(1)(d), although it is only required to comply with one of these two as required by the “Or” clause in the code. 3) In order to show compliance with 25-5-62(C)(1)(c), one of the buildings is constructed and occupied (on Lot 1C-B) and one is currently under construction with an approved building permit on Lot 1C-C. Only a building permit for Lot 1C-A would be required to finish the overall project. Substantial progress has therefore been made toward completing the overall Lot 1C project. W:\A205\0415 Deerfield Lot 1C\Site Plan\Site Plan Extension #2\Update 2\Extension Request Justification Letter.docxLJA Engineering FRN-F-1386 3 of 806 SP-2017-0248C(XT2) - Deerfield Lot 1C, District 803 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 87 of 11 July 10, 2023 Page 2 4) In addition, this project fully complies with 25-5-62(C)(d) in that all public infrastructure, water quality and detention facilities, shared access drives, and most of the private infrastructure (except for Lot 1C-A) is already in place. Please note that there is an applicable Unified Development Agreement for all owners associated with this project. Please do not hesitate to contact me at (512) 439-4700, XT 4734 with any questions. Sincerely, Reese Hurley, P.E. Project Manager LJA Engineering, Inc. W:\A205\0415 Deerfield Lot 1C\Site Plan\Site Plan Extension #2\Update 2\Extension Request Justification Letter.docxLJA Engineering FRN-F-1386 4 of 806 SP-2017-0248C(XT2) - Deerfield Lot 1C, District 803 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 88 of 115 of 806 SP-2017-0248C(XT2) - Deerfield Lot 1C, District 803 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 89 of 116 of 806 SP-2017-0248C(XT2) - Deerfield Lot 1C, District 803 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 810 of 11Property Profile Staff Zoning Map Legend Property Jurisdictions (No Fill) FULL PURPOSE Jurisdictions Fill Jurisdiction FULL PURPOSE Zoning 1 Zoning Text 0 350 700 ft 7/24/2023 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Notes SP-2017-0248C(XT2) - Deerfield Lot 1C - site plan extension 7 of 806 SP-2017-0248C(XT2) - Deerfield Lot 1C, District 803 SP-2017-0248C(XT3) - Deerfield Lane 1C; District 811 of 11