06 C14R-82-016(RCT) - 8701 and 8627 N MoPac RCT; District 10.pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14r-82-016(RCT) (8701 and 8627 N MoPac RCT) DISTRICT: 10 ADDRESS: 8611, 8627 and 8701 N. MoPac Expressway Service Road North Bound OWNER/APPLICANT: 8611 MoPac LLC, 8701 MoPac Atrium LLC and US REIF Eurus Austin LLC AGENT: Drenner Group (Amanda Swor) ZONING: LO, LR AREA: 8.54 acres REQUEST: The applicant is requesting a termination of the restrictive covenant conditions for this property. CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends the proposed termination of the public restrictive covenant. PLANNING COMMISSION ACTION / RECOMMENDATION: August 23, 2022: Postponed to September 13, 2022 at the staff's request (12-0, S. Praxis-absent). September 13, 2022 CITY COUNCIL: ORDINANCE NUMBER: 1 1 of 116ISSUES: N/A DEPARTMENT COMMENTS: The applicant is requesting to terminate/delete a public restrictive covenant that was recorded in 1982 on Lot 2 of the Westover Hills Plaza subdivision and associated with zoning site plan case C14r-82-016 (Please see Applicant’s Request Letter – Exhibit C). This covenant places restrictions on the number of stories, landscaping, reflectivity, and signage regulations that were subject to the zoning site plan on the Property (Please see Public Restrictive Covenant for C14r-82-016 - Exhibit D). These items will now be regulated under the designated base zoning districts. The staff recommends the applicant’s request to delete the conditions of this public restrictive covenant. Since this restrictive covenant was executed and recorded, the property in question has been re-subdivided numerous times. The area under consideration is now known as Lot 3 of The Atrium, Lot 2A of the Amended Plat of Lots 1 and 2 The Atrium and a portion of Lot 1 of 8611 Centre subdivisions. The staff supports the deletion of this public restrictive covenant because items listed in this public restrictive covenant will now be regulated under the zoning district site development standards and other requirements stipulated by the Land Development Code. The applicant agrees with the staff’s recommendation. EXISTING ZONING AND LAND USES: ZONING Site LO, LR CS-NP North South GR, GR-CO East LI West ROW, GR LAND USES Office (The Atrium Office Centre, Chancellor Center, Mopac Centre) Industrial (Ergon Asphalt & Emulsions, Inc.) Office Railway, Office/Warehouse, Office (TDCJ Government Building), Industrial (All-Tex, Facets of Austin) MoPac Expressway, Office (Hyridge Place), Multifamily (Wood Harbour) NEIGHBORHOOD PLANNING AREA: Burnet Road, Anderson Lane and the North Shoal Creek Neighborhood Planning Area TIA: Deferred to the time of Site Plan WATERSHED: Shoal Creek 2 2 of 116NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Friends of North Shoal Creek Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Civic Association North Austin Neighborhood Alliance North Shoal Creek Neighborhood Association North Shoal Creek Neighborhood Plan Contact Team NW Austin Neighbors SELTEXAS Shoal Creek Conservancy Sierra Club, Austin Regional Group TNR BCP – Travis County Natural Resources AREA CASE HISTORIES: NUMBER C14-2020-0013 (8803 N Mopac) REQUEST LI to CS COMMISSION 5/12/20: Approved staff's recommendation of CS zoning by consent (13-0); P. Seeger-1st, G. Anderson-2nd. C14-2014-0156 (MoPac Rezoning: 8611 LO to GR 11/12/14: Approved staff rec. of GR-CO zoning on consent (8-0, L. Varghese-absent); R. Hattfield- 1st, B. Roark-2nd. C14-2010-0164 (8610 North Mopac Rezoning) LR-CO to GR 11/16/10: Approved GR-CO zoning on consent, with the following additional conditions offered by the applicant: No Pawn Shop Services use and a public restrictive covenant to state that business will be closed during the hours of 10:00 p.m. to 6:00 a.m. (6-0, Banks-absent); P. Seeger-1st, D. Tiemann-2nd. 3 CITY COUNCIL 6/11/20: Approved CS district zoning, with additional condition agreed to by the neighborhood and the applicant is to prohibit Adult Oriented Businesses (11-0); all 3 readings 11/ 20/14: Approved GR-CO zoning, with additional conditions agreed to by the applicant and the neighborhood, on consent on all 3 readings (7-0) 12/11/14: Approved GR-CO zoning on consent on 2nd/3rd readings (7-0) 12/09/10: Approved GR-CO zoning on consent on all 3 readings (7-0); B. Spelman-1st, M. Martinez-2nd. 3 of 116C14-2007-0085 (8888 Tallwood Drive) C14-91-0013 (Horizon Savings Motorbank) CS to CS-MU 7/30/07: Approved staff rec. for CS-MU-CO with conditions (8-0) SF-3 to LO and LR 4/02/91: Denied LR-CO & LO- CO zoning 8/09/07: Approved CS-MU-CO zoning, with CO to prohibit Adult Oriented Businesses and a 2,000 vehicle trip limit per day 5/23/91: Approved LR-CO for Tract 1 and LO-CO zoning for Tract 2 w/ following conditions: 1) prohibit Food Sales, General Retail Sales (Convenience), Restaurant (Limited), Restaurant (Drive-In/Fast Food), and Service Station uses on Tract 1; 2) No vehicular access from Tract 2 to Camelia Lane; 3) Maintain the existing 40 ft vegetative buffer along the western property line of Tract 2; 4) Maintain a 25 ft vegetative buffer along the northern property line of Tract 2; 5) Structures on Tract 2 shall not exceed two stories or 35 ft in height RELATED CASES: C14r-82-016 – Previous Zoning Case EXISTING STREET CHARACTERISTICS: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Level 4 310’ 330’ 290’ Sidewalks Bike Route Capital Metro (within ¼ mile) Yes N/A No N Mopac Expressway SVRD NB INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s Request Letter D. Public Restrictive Covenant for C14r-82-016 4 4 of 116SF-3 CP71-56 SF-3 LO ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( ( O L WIL ( R K D WIC ( ( ( ( ( SF-3 ( APTS. CS CS B U S I N E S S P A R K D R OFFICE BLDGS. ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( L R A T E L A Z A ( SF-3 ( ( ( ( ( H Y R I D G ( E D R ( ( ( ( N L A I L E M A C ( ( ( ( SF-3 ( LO 2007-0085 CS-MU-CO TALLW ( O O D D ( ( ( C14H-2021-0165 SF-3-H ( ( SERENA WOODS CT ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( PUD APTS. P M A B R H N C R A E S E O R B T C N A P O M LI 75-107 B Y S P X C E A P O N M R P M A R B S C A P O M N O T H C R A E S E R B P Y N M A P H R X C E C R A A P E O S N M E O R B T C N A P O N M ! ! ! ! ! ! LR C14-2020-0013 NPA-2020-0031.01 CS ! ! PLANT ! ! ! 84-147 ! ! ! ! ! ! ! 75-092 LO 88-005 ! ! ! ! ! LR ! R84-110 C14R-87-131 ! ! ! C14-2014-0192 GR-CO 83-36 GR ! 75-65 ! P83-36 ! ! ! ! C14-2014-0156 GR-CO ! ! ! 78-222 SP-02-0140C GR B S D R V S Y P X E C A P O M N B N D R V Y S P X C E A P O N M C14R-82-016RC ! LI PLUMBING SUPPLY CO. SP-01-0490C D V L K B E E R L C A O H S TEXAS AIR CONTROL BOARD P-NP EXHIBIT A R E S E A R C H N NBG-NP C14-2008-0182 VACANT R E S B T O M R E S E E A R C O P A A R C H B L V C R A D N B M P R E S H B L V E A R C D S B H B LV D S V R D S B COMMERCIAL WAREHOUSE PARK COMMERCIAL OFFICE PARK = = SF-3 = ( > > > MF-2 > ( > > = ( ( ( ( ( ( R Y D A W ( L MIL ( ( SF-2 ( ( ( ( = ( = SF-3 = ( E CIR ( ( ( G RID N W ( A D ( ( ( SF-2 ( SP-85-014 ( LO 72-26 ( ( OFFICE BLDG. ( ( ( ( ( SF-2 ( ( APTS. MF-3 APTS. ( ( ( ( ( ( ( ( ( ( ( ( ( B E N ( ( B R O O ( ( K D R ( ( ( ( ( C R ( ( SF-2 ( O S S ( C R E E ( ( ( ( ( SF-3 NP-2016-0031 RADIAN CORP. APTS. MF-3 APTS. ( ( ( K D R ( SF-2 ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( R W D VIE E L A D ( ( ( ( ( ( ( ( ( ( ( R E D N O T S G A L F ( SF-2 ( ( ( ( ( ( SF-2 83-246 CS LO 77-105 LI 78-24 78-222 PARKING ( SF-3 ( LO GR LO-CO CIM A S E R C14-2010-0164 GR-CO N E A 79-73 OFFICE SPC-88-0189A 75-232 OFFICE PARK P M A K R C E T O S B T C S A P O N M SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY Restrictive Covenant Termination ZONING CASE#: C14R-82-016(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 Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 7/6/2022 CP78-63 MF-2 78-114 LO PUD PUD LO LR C14-2015-0056 ± 5 of 116LI EXHIBIT B ( ( ( ( ( N L A I L E M A C ( SF-3 SF-3 ( LO GR ( ( ( SP-03-0407C B S D R V S Y P X E C A P O M N ! ! ! ! ! ! ! ! B Y S P X C E A P O N M B Y N P X C E A P O N M ! ! ! ! ! ! ! ! LR ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C14-2020-0013 NPA-2020-0031.01 CS EMULSION PLANT ! ! ! ! ! ! ! ! ! ! 84-147 75-107 ! ! ! ! ! ! ! ! ! ! 75-092 LO C14R-82-016RC ! ! ! ! ! ! C14R-82-016(RCT) 88-005 J31 ! ! ! ! ! ! ! ! SF-3 LO GR C14-2010-0164 GR-CO LO ± 1 " = 200 ' ! ! ! P M A R H C R A E S E ! ! ! ! R84-110 ! ! C14R-87-131 LR ! C14-2014-0192 GR-CO 83-36 ! ! ! R83-62RC 75-65 ! GR R E S T. ! ! !! R87-131 ! 84-147 ! ! ! ! ! P83-36 ! ! ! ! ! GR-CO C14-2014-0156 ! O R B T C N A P O N M B N D R V S Y P X E C A P O N M 78-222 LI TEXAS AIR CONTROL BOARD PLUMBING SUPPLY CO. LI SP-01-0490C D V L K B E E R L C A O H S LO MF-3 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 8701 and 8627 N MoPac ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14R-82-016(RCT) N Mopac Expressway NB 6.39 Acres J31 Sherri Sirwatis This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 7/12/2022 by: MeeksS 6 of 116Amanda Swor aswor@drennergroup.com 512-807-2904 EXHIBIT C June 14, 2022 Via Electronic Delivery Ms. Rosie Truelove Housing and Planning Department City of Austin 1000 E 11th Street Austin, TX 78702 Dear Ms. Truelove: Re: 8701 and 8627 N MoPac – Restrictive Covenant Termination application for the approximately 8.54-acre restrictive covenant located on 8611, 8627, and 8701 N MoPac Expressway Service Rd NB in Austin, Travis County, Texas (the “Property”) As representatives of the owners of the Property, we respectfully submit the enclosed Restrictive Covenant Termination (RCT) application package for approximately 8.54 acres of land. The Property is located on the east side of the northbound MoPac Service Road NB between Steck Avenue and Research Boulevard and is in the full purpose jurisdiction of the City of Austin. This application accompanies a zoning application titled the same, 8701 and 8627 N MoPac, which is approximately 8.36 acres. The Property is currently zoned LO-NP (Limited Office – Neighborhood Plan), LR-NP (Neighborhood Commercial – Neighborhood Plan), GR-NP (Community Commercial – Neighborhood Plan) and GR-CO-NP (Community Commercial – Conditional Overlay – Neighborhood Plan). Currently, the Property is developed with professional office uses. The purpose of the RCT request is to terminate the restrictive covenant that was recorded in 1982 on Lot 2 of the Westover Hills Plaza subdivision and associated with zoning site plan case no. C14R-82- 016. The Property has been subdivided several times since the restrictive was executed and now covers all of Lot 3 of The Atrium, Lot 2A of the Amended Plat of Lots 1 and 2 The Atrium, and a portion of Lot 1 of 8611 Centre subdivisions. This covenant places restrictions on the number of stories, landscaping, reflectivity, and signage regulations that were subject to the zoning site plan on the Property. These items will now be regulated under the base zoning district and are no longer enforced in public restrictive covenant. This request terminates restrictions for the entire Property. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Very Truly Yours, Amanda Swor cc: Joi Harden, Housing and Planning Department (via electronic delivery) Jerry Rusthoven, Housing and Planning Department (via electronic delivery) 2705 Bee Caves Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 7 of 116EXHIBIT D 8 of 1169 of 11610 of 11611 of 116