02 NPA-2026-0021.03 - 1221 S IH-35 - Staff Report — original pdf

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NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: East Riverside/Oltorf Combined CASE#: NPA-2026-0021.03 DATE FILED: May 28, 2026 PROJECT NAME: 1221 S IH-35 Rezoning PC DATE: September 22, 2026 September 8, 2026 ADDRESS/ES: 1400 Lupine Lane DISTRICT AREA: 9 SITE AREA: 0.1518 acres OWNER/APPLICANT: Aztecas de Juventino Rosas, LLC AGENT: Husch Blackwell, LLP (Lindsey Walker) CASE MANAGER: Maureen Meredith PHONE: (512) 974-2695 STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family To: Commercial Base District Zoning Change Related Zoning Case: C14-2026-0040 (Nancy Estrada, Case Manager) From: SF-3-NP & LR-NP To: CS-NP NEIGHBORHOOD PLAN ADOPTION DATE: November 16, 2006 CITY COUNCIL DATE: TBD ACTION: PLANNING COMMISSION RECOMMENDATION: September 22, 2026 – (action pending) 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 91 of 40 September 8, 2026 - Postponed to the September 22, 2026 hearing date on the consent agenda at the request of the Applicant. [C. Haney – 1st; F. Maxwell – 2nd] Vote: 11-0 [P. Breton absent. One vacancy on the dais.] STAFF RECOMMENDATION: Staff supports the applicant’s request for Commercial land use. BASIS FOR STAFF’S RECOMMENDATION: The zoning case includes two tracts, one at 1221 S IH-35 SVRD NB which has Commercial land use and is not part of the plan amendment application. The second tract is 1400 Lupine Lane which has Single Family land use and is proposed for Commercial land use which is consistent with the Commercial land use at 1221 S IH-35 SVRD NB. Staff supports the Applicant’s request for Commercial land use at 1400 Lupine Lane because the two tracts will be developed together for the proposed Transportation Terminal use. Although the proposed Commercial land use appears to be encroaching into a residential area, the property is essentially part of 1221 S IH-35 and is primarily a retaining wall that is not developable for a single-family home. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 92 of 40 Below are sections of the East Riverside/Oltorf Combined Neighborhood Plan staff believe supports the applicant’s request. The plan supports the adequate transition between residential and commercial use. Although the property at 1400 Lupine Lane is zoned SF-3- NP with the Single Family land use, the tract does not appear to be developable for a single family home given its steep slope and is essentially a retaining wall that will be developed as part of the transportation terminal site. The plan also promotes the development of underutilized properties. The applicant’s request to use a long-vacant property along S. IH-35 for a transportation terminal supports this goal. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 93 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 94 of 40 LAND USE DESCRIPTIONS: EXISTING LAND USE: Single family - Single family detached or up to three residential uses at typical urban and/or suburban densities. Purpose 1. Preserve the land use pattern and future viability of existing neighborhoods; 2. Encourage new infill development that continues existing neighborhood patterns of development; and 3. Protect residential neighborhoods from incompatible business or industry and the loss of existing housing. Application 1. Existing single‐family areas should generally be designated as single family to preserve established neighborhoods; and 2. May include small lot options (Cottage, Urban Home, Small Lot Single Family) and two‐family residential options (Duplex, Secondary Apartment, Single Family Attached, Two‐Family Residential) in areas considered appropriate for this type of infill development. PROPOSED LAND USE: Commercial -Lots or parcels containing retail sales, services, hotel/motels and all recreational services that are predominantly privately owned and operated for profit (for example, theaters and bowling alleys). Included are private institutional uses (convalescent homes and rest homes in which medical or surgical services are not a main function of the institution), but not hospitals. Purpose 1. Encourage employment centers, commercial activities, and other non‐ residential development to locate along major thoroughfares; and 2. Reserve limited areas for intense, auto‐oriented commercial uses that are generally not compatible with residential or mixed use environments. Application 1. Focus the highest intensity commercial and industrial activities along freeways and major highways; and 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 95 of 40 2. Should be used in areas with good transportation access such as frontage roads and arterial roadways, which are generally not suitable for residential development. Yes Yes 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. Name(s) of Activity Center/Activity Corridor/Job Center: • Near the Riverside Station Town Center • Appox. 0.25 miles from East Riverside Drive, an activity corridor Yes Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. Yes Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or bike lane. Yes Connectivity, Good and Services, Employment: Provides or is located within 0.50 miles to goods and services, and/or employment center. Yes Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery store/farmers market. • 0.5 miles from Riverside Grocery, 1727 E Riverside Dr, Austin, TX 78741 • 0.9 miles from La Michoacana Meat Market, 2237B E Riverside Dr, Austin, TX 78741 • 1.5 miles from H-E-B plus!, 2508 E Riverside Dr, Austin, TX 78741 No Connectivity and Education: Located within 0.50 miles from a public school or university. Yes Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreation area, park or walking trail. • 0.3 miles from The Boardwalk at Lady Bird Lake, 1820 S Lakeshore Blvd, Austin, TX 78741 Yes 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.) • 0.5 miles from CareNow Urgent Care - Riverside Drive, 1920 E Riverside Dr #110, Austin, TX 78741 • 0.8 miles from St. David’s Riverside Emergency Room, 2020 E Riverside Dr, Austin, TX 78741 No Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. No 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. No Mixed use: Provides a mix of residential and non-industrial uses. No Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). No Culture and Historic Preservation: Preserves or enhances a historically and/or culturally significant site. No Creative Economy: Expands Austin’s creative economy (ex: live music venue, art studio, film, digital, theater.) 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 96 of 40 No Workforce Development, the Economy and Education: Expands the economic base by creating permanent jobs, especially in industries that are currently not represented in particular area or that promotes a new technology, and/or promotes educational opportunities and workforce development training. Industrial Land: Preserves or enhances industrial land. No Yes Not located over the Edwards Aquifer Contributing Zone or Edwards Aquifer Recharge Zone 8 Number of “Yeses” Yes Is this case located within a ½-mile of a station? Provide the name(s) of the station(s). ETOD Typologies • Lakeshore (Blue Line) • Travis Heights (Blue Line) Identify the primary ETOD Typology as well as any overlapping or incidental typologies. • Lakeshore (Blue Line), Include – Rail • Travis Heights (Blue Line), Initiate - Rail No 1 Does the property include an H overlay, an HD overlay, or both? Number of Yeses 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 97 of 40 Proximity to Imagine Austin Activity Centers & Corridor 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 98 of 40 Proximity to Public Parks 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 99 of 40 Proximity to Public Transportation 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 910 of 40 Proximity to ETOD Typologies and Stations IMAGINE AUSTIN GROWTH CONCEPT MAP Definitions Neighborhood Centers - The smallest and least intense of the three mixed-use centers are neighborhood centers. As with the regional and town centers, neighborhood centers are walkable, bikable, and supported by transit. The greatest density of people and activities in neighborhood centers will likely be concentrated on several blocks or around one or two intersections. However, depending on localized conditions, different neighborhood centers can be very different places. If a neighborhood center is designated on an existing commercial area, such as a shopping center or mall, it could represent redevelopment or the addition of housing. A new neighborhood center may be focused on a dense, mixed-use core surrounded by a mix of housing. In other instances, new or redevelopment may occur incrementally and concentrate people and activities along several blocks or around one or two intersections. Neighborhood centers will be more locally focused than either a regional or a town center. Businesses and services—grocery and department stores, doctors and dentists, shops, branch libraries, dry cleaners, hair salons, schools, restaurants, and other small and local businesses—will generally serve the center and surrounding neighborhoods. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 911 of 40 Town Centers - Although less intense than regional centers, town centers are also where many people will live and work. Town centers will have large and small employers, although fewer than in regional centers. These employers will have regional customer and employee bases, and provide goods and services for the center as well as the surrounding areas. The buildings found in a town center will range in size from one-to three-story houses, duplexes, townhouses, and rowhouses, to low-to midrise apartments, mixed use buildings, and office buildings. These centers will also be important hubs in the transit system. Regional Centers - Regional centers are the most urban places in the region. These centers are and will become the retail, cultural, recreational, and entertainment destinations for Central Texas. These are the places where the greatest density of people and jobs and the tallest buildings in the region will be located. Housing in regional centers will mostly consist of low to high-rise apartments, mixed use buildings, row houses, and townhouses. However, other housing types, such as single-family units, may be included depending on the location and character of the center. The densities, buildings heights, and overall character of a center will depend on its location. Activity Centers for Redevelopment in Sensitive Environmental Areas - Five centers are located over the recharge or contributing zones of the Barton Springs Zone of the Edwards Aquifer or within water-supply watersheds. These centers are located on already developed areas and, in some instances, provide opportunities to address long-standing water quality issues and provide walkable areas in and near existing neighborhoods. State-of-the-art development practices will be required of any redevelopment to improve stormwater retention and the water quality flowing into the aquifer or other drinking water sources. These centers should also be carefully evaluated to fit within their infrastructural and environmental context. Job Centers - Job centers accommodate those businesses not well-suited for residential or environmentally- sensitive areas. These centers take advantage of existing transportation infrastructure such as arterial roadways, freeways, or the Austin-Bergstrom International airport. Job centers will mostly contain office parks, manufacturing, warehouses, logistics, and other businesses with similar demands and operating characteristics. They should nevertheless become more pedestrian and bicycle friendly, in part by better accommodating services for the people who work in those centers. While many of these centers are currently best served by car, the growth Concept map offers transportation choices such as light rail and bus rapid transit to increase commuter options. Corridors - Activity corridors have a dual nature. They are the connections that link activity centers and other key destinations to one another and allow people to travel throughout the city and region by bicycle, transit, or automobile. Corridors are also characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. Along many corridors, there will be both large and small redevelopment sites. These redevelopment opportunities may be continuous along stretches of the corridor. There may also be a series of small neighborhood 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 912 of 40 centers, connected by the roadway. Other corridors may have fewer redevelopment opportunities, but already have a mixture of uses, and could provide critical transportation connections. As a corridor evolves, sites that do not redevelop may transition from one use to another, such as a service station becoming a restaurant or a large retail space being divided into several storefronts. To improve mobility along an activity corridor, new and redevelopment should reduce per capita car use and increase walking, bicycling, and transit use. Intensity of land use should correspond to the availability of quality transit, public space, and walkable destinations. Site design should use building arrangement and open space to reduce walking distance to transit and destinations, achieve safety and comfort, and draw people outdoors. BACKGROUND: The applicant proposes to change the land use on the future land use map from Single Family to Commercial land use. The applicant proposes to change the zoning on the property from SF-3-NP to CS-NP. The zoning case also includes property at 1221 S. IH-35 which as an existing zoning of LR-NP and the proposed zoning is CS-NP for both tracts. For more information on the zoning case, see C14-2026-0040. PUBLIC MEETINGS: The ordinance-required community meeting was virtually held on August 3, 2026. The recorded meeting can be found here: https://publicinput.com/neighborhoodplanamendmentcases. Approximately 218 notices were mailed to utility account holders (renters) and property owners within 500 feet of the property, in addition to neighborhood and environmental groups who requested notification for the area. Two city staff members from Austin Planning attended, Maureen Meredith and Mark Walters. Lindsey Walker and Nikelle Meade from Husch Blackwell, the applicant’s agent attended and ten people from the neighborhood were also in attendance. Below are highlights from Lindsey Walker’s presentation: • There are two tracts, 1221 S IH-35 and 1400 Lupine Lane which are proposed to be rezoned to CS-NP for Transportation Terminal. The 1400 Lupine Lane lot is a retaining wall and cannot be developed on. • There is a fence along the top of the wall near Lupine Lane. • The busses will carry passengers from Dallas/Ft Worth to Mexico. We want to fix up site to be a transportation terminal that will be were the busses will make a short stop on the way to Mexico. • This will be a passenger stop, not a bus storage or maintenance facility. • Typically, there will be 1-2 bus stops a day, with up to three buses per day during the peak travel season, each stop will last approximately 10 to 30 minutes. • The operations are limited to ticketing, passenger boarding and drop-off, luggage • handling, and routine administrative duties. Indoor seating will be limited with no outdoor seating being proposed. The only people who would be at this site will be passengers and employees. • On top of the wall is natural green lush buffer that we don’t intend to do anything with it. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 913 of 40 • There will be no access from Lupine Lane from the property on S. IH-35. Q: Why not leave it SF-3? A: It is part of the site, and we need to rezone that tract to be part of the site plan. Q: The applicant’s own more property on Lupine Lane. What plans do they have that property? A: We are only proposing to rezone 1400 Lupine Lane and have no plans for the 1500 Lupine Lane property. Q: For 60+ years 1400 Lupine Lane has been zoned SF-3 and is part of the old gas station at 1221 S IH-35. I still don’t understand why 1400 Lupine Lane needs to be rezoned? Q: Because it is part of the commercial property, it is just changing the property to be commercial, even though it won’t be developed. Q: What is the current status of the wall, does it need to be repaired or restored? A: I don’t have an answer to that question at this time. This might be something that comes up at site plan. Q: What are the hours of operation of the bus terminal? A: It will be for only scheduled stops, typically one to two buses per day between 8:00 am to 11:00 am from Dallas/Fort Worth or from 7:00 pm to 8:00 pm. Q: The neighborhood’s biggest concern is who might park on Lupine Lane and walk down to enter the bus station area once Lupine Lane is improved. Other concerns were pollution, light pollution, noise pollution. Is there is willingness to add some restrictions on the property that says there are restrictions on hours of operation and limited other uses to the property in the event the property is sold? A: Yes, we can absolutely talk about restricting some uses on the site. Q: We understand we have undeveloped property around us. The adjacent property also has a wall and people have walked up the wall into my backyard. Could you share the proposed design and maybe build one of the tall walls like TXDOT builds to protect the neighborhood from the noise? A: That is something we were looking at as well to give you some peace of mind. But sometimes there are noise issues with those tall walls, but we can look at something more ornamental. Comments: • We really need to get this in writing, number of stops, signage height, type of lights, and commit to no access between parcel below and Lupine above. Then the neighborhood might want to prohibit some uses, but we need this in writing. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 914 of 40 Applicant Summary Letter from Application 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 915 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 916 of 40Letter of Recommendation from the Neighborhood Plan Contact Team (NPCT) (No letter as of September 15, 2026) From: Meredith, Maureen Sent: Wednesday, September 9, 2026 5:30 PM Cc: Estrada, Nancy <Nancy.Estrada@austintexas.gov> Subject: Sept 22 PC_EROC NPCT Rec Ltr?: NPA-2026-0021.03_1400 Lupine Ln Dear EROC NPCT and Interested Parties: As you know, cases NPA-2026-0021.03 and C14-2026-0040_1221 S IH-35 Rezoning were postponed from the September 8th PC hearing to the September 22nd PC hearing date. Our staff reports are due at 5:00 pm on Tuesday, September 15th at 5:00 pm. If you would like to submit a letter of recommendation to be included in our staff reports, please email it to me and Nancy by that date and time. If we get it later than this, the letter will not be in our staff reports but will be submitted as late material to the PC hearing. Please let me know if you have any questions. Thanks. Maureen From: Meredith, Maureen Sent: Tuesday, August 11, 2026 4:33 PM Cc: McMichael, Reese <reese.mcmichael@austintexas.gov> Subject: EROC NPCT: NPA-2026-0021.03_1400 Lupine Ln Importance: High Dear EROC NPCT and Interested Parties: Cases NPA-2026-0021.03 and C14-2026-0040_1221 S IH-35 Rezoning are scheduled for the September 8, 2026 Planning Commission hearing date. If you would like to submit a letter of recommendation for the cases, please email it to me and Reese McMichael, the zoning planner, no later than Tuesday, September 1st by 5:00 pm. If we get it after this date and time, we will submit the letter as late back-up for the hearing. If you can submit your letter earlier than this date and time, it would be best so we can make sure it is included in our staff reports. Please let me know if you have any questions. Maureen 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 917 of 40 Maureen Meredith (she/her) Senior Planner Austin Planning 6310 Wilhelmina Delco Dr. Austin, TX 78752 512-974-2695 maureen.meredith@austintexas.gov Please Note: Correspondence and information submitted to the City of Austin are subject to the Texas Public Information Act (Chapter 552) and may be published online. Por Favor Tome En Cuenta: La correspondencia y la información enviada a la Ciudad de Austin está sujeta a la Ley de Información Pública de Texas (Capítulo 552) y puede ser publicada en línea. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 918 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 919 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 920 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 921 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 922 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 923 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 924 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 925 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 926 of 40 Lindsey Walker’s Presentation at the Virtual Community Meeting 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 927 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 928 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 929 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 930 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 931 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 932 of 40 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 933 of 40 Correspondence Received From: Barbie Clifton < Sent: Sunday, August 23, 2026 2:23 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Fw: Case: 1400 Lupine Lane and 1221 S I-35 C14-2026-0040; NPA-2026- 0021.03 Hello - I 100% support Rachel McClure's, et al.'s, efforts to fight against this development. I won't be able to attend the meetings, however. Barbie on Sunnyvale St. around the corner From: Dave Snow < > Sent: Wednesday, September 16, 2026 7:39 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Estrada, Nancy <Nancy.Estrada@austintexas.gov> Cc: Dave Snow < >; Rachel Mcclure < >; Gayle Goff < > Subject: NPA-2026-0021.03 and C14-2026-0040_1221 S IH-35 Rezoning September 15, 2026 David L. Snow 1506 Lupine Lane Austin, TX 78741 Austin Planning Commission I would like to comment on Rezoning Cases NPA-2026-0021.03 and C14-2026- 0040_1221 S IH-35. My family and I have lived in a single-family home at 1504/1506 Lupine Lane for eighty years…since before IH-35 was even built. Our property is just two lots away from the subject property (1221 S. IH-35 and 1400 Lupine Lane) being proposed to be rezoned. The subject property is commercial property facing IH-35 at the end of Lupine Lane with currently no pedestrian or vehicular access to Lupine Lane. The 1400 Lupine Lane property contains a 50-foot-high concrete wall separating these properties from our single-family neighborhood. Lupine Lane’s west end is blocked by private commercial property from connecting with IH-35. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 934 of 40 With this rezoning request, I would like to ensure that the Applicant (Aztecas) and any successor owner(s) agree to the following: 1. All vehicular and pedestrian access from the subject property or via 1500 Lupine Lane (also owned by the Applicant) should be prohibited and blocked. Since the subject property has limited parking, I do not want riders of their buses to be parking or walking through our residential neighborhood to gain access to their buses. 2. I would like a climb-resistant barrier fence, opaque, 8 foot or higher with no gates to be erected along the upper perimeter of 1400 Lupine Lane separating the subject property from 1500 Lupine Lane (which the Applicant also owns). 3. Even though 1400 Lupine Lane is at the moment just a just a 50-foot high wall, I would like any future building on the 1400 Lupine Lane property to be restricted to 35 feet high. 4. I would like any area lighting and lighted signage used on the subject property to be shielded from view of the residential neighbors on Lupine Lane. No sign that is placed farther from the front (IH-35) property line than where the front of the existing building is located should be flashing, electronic, digital, video or animated or exceed 35 feet in height. 5. I would also like the property usage restricts proposed by the neighborhood as enumerated in a memo from Rachel McClure be enforced. I have no objections to the Applicant running a bus station on the subject property particularly since it is below the 50-foot wall on 1400 Lupine Lane. However, I just do not want the bus station to affect our neighborhood to the east of this property. Many thanks for your consideration. David L. Snow From: Morin, Danielle <Danielle.Morin@austintexas.gov> Sent: Wednesday, September 16, 2026 9:13 AM To: Gayle Goff <gayle.goff@gmail.com>; Estrada, Nancy <Nancy.Estrada@austintexas.gov> Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Rachel McClure <rachel_mcclure2001@yahoo.com> Subject: RE: C14-2026-0040 Hi Rachel and Gayle, I’ll chime in with regards to your Transportation related questions. Access restrictions are not something Staff typically recommends for sites at the zoning stage without first going through a Zoning Transportation Analysis (ZTA) to identify safety issues; this site does not trigger such an analysis and thus we wouldn’t have the justification to require such restrictions. When this site comes in for site plan 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 935 of 40 review, we will have the opportunity to review the proposed uses and design and could then decide to restrict access if there are safety concerns. At this stage, the applicant/landowner could enter into a private agreement with the neighborhood that restricts access should both parties decide to go that route. I hope this information is helpful. Feel free to reach out with any additional questions. Danielle Morin, MPA, AICP, CNU-A Program Manager – South Area Transportation Development Services From: Gayle Goff < > Sent: Friday, September 11, 2026 11:25 AM To: Estrada, Nancy <Nancy.Estrada@austintexas.gov>; Morin, Danielle <Danielle.Morin@austintexas.gov> Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Rachel McClure < > Subject: C14-2026-0040 Nancy and Danielle— Thanks very much for your help with our questions. The owners of the 2 properties involved in this case (1221 S IH35 NB Frontage Rd & 1400 Lupine) also own 1500 Lupine (an SF-3 property not part of this case). The properties on Lupine along with neighboring Lupine residences sit 10-15 feet above 1221 S IH35. Neighbors need an agreement that states the following, to which the Applicant has agreed: 1. Any vehicular or pedestrian access to or from Lupine Lane via 1400 Lupine Ln and/or 1500 Lupine Ln from 1221 S IH35 NB frontage road is prohibited. 2. A climb-resistant barrier fence opaque 8’ or higher with no gates will be erected along the upper perimeter of 1400 Lupine Ln. Owner agrees to maintain this fence. 3. Owner will maintain a vegetative buffer on the remaining property along the east side of the fence. 4. Any building on the 1400 Lupine Ln property will be restricted to 35 feet. 5. Any area lighting and lighted signage used will be shielded from view of the residential neighbors on Lupine Ln. No sign placed farther from the front (IH35) property line than where the front of the existing building is located will be flashing, electronic, digital, video or animated. No such sign can exceed 35 feet in height. 6. The Owner agrees to prohibit the following permitted uses if CS zoning is approved for 1400 Lupine Ln: Automotive Repair Services, Automotive Washing (of any type), Bail Bond Services, Campground, Consumer Convenience Services, Convenience Storage, Drop-Off Recycling Collection Facility, Electronic Prototype Assembly, Equipment Repair Services, Exterminating Services, Financial Services, Food Sales, General Retail Sales (Convenience), General Retail Sales (General), Hotel-Motel, Kennels, Laundry Services, Pawn Shop Services, Restaurant 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 936 of 40 (General), Restaurant (Limited), Scrap and Salvage, Service Station, Basic Industry, Custom Manufacturing, General Warehousing and Distribution, Light Manufacturing, Limited Warehousing and Distribution, Recycling Center, Resource Extraction, Animal Production, Camp, Child Care Services (General), Child Care Services (Limited), Community Events, Community Recreation (Private), Community Recreation (Public), Hospital Services (General), Hospital Services (Limited), Maintenance and Service Facilities, Major Public Facilities, Major Utility Facilities, Military Installations, Railroad Facilities, Residential Treatment, Telecommunication Tower 7. 7. The Owner agrees to prohibit the following permitted uses if CS zoning is approved for 1221 S IH35 NB Frontage Rd: Drop-Off Recycling Collection Facility, Kennels, Pawn Shop Services, Scrap and Salvage, Recycling Center, Resource Extraction, Animal Production, Camp. We understand that a CUP is required for the 1221 S IH35 NB frontage road property to be used as a transportation station. Can the above agreement (Items 1-7) be included in this CUP? If so, will the CUP and these agreements be binding upon any future owners and for any agreed-upon uses in the future? If not, is the best way to ensure neighbors can count on these agreements to be binding in the future to use a private restrictive covenant? If not, what instrument should be used? Thanks, Rachel and Gayle From: Morin, Danielle <Danielle.Morin@austintexas.gov> Sent: Wednesday, September 9, 2026 9:51 AM To: Rachel Mcclure <\> Cc: Estrada, Nancy <Nancy.Estrada@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Gayle Goff <\> Subject: RE: 1221 S. IH-35 / 1400 Lupine Lane (Aztecas) - Follow-Up Meeting Regarding Neighborhood Concerns Hi Rachel, Please see my responses below, and don’t hesitate to reach out if you have any additional questions. 1. Can you confirm where Lupine Lane ends. Does it end at 1506 Lupine Lane or does it end at 1400 Lupine Lane? a. Here is a map showing the public ROW (grey) and TCAD parcels (teal); this shows that the public ROW (Lupine Ln.) extends to the western edge of 1400 Lupine Ln. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 937 of 40 2. Question: Do any landowners (1400, 1500, 1504) have the right to request to re-open Lupine Lane using a zoning transportation analysis or a transportation impact analysis? a. I’m not quite sure what you are asking, but if a development did construct on a portion of Lupine Lane without current pavement, the development would be responsible for constructing pavement along their frontage in order to access the public ROW. 3. Question: If the owners decide to build a new commercial building spanning both properties (S IH-35/1400 Lupine), are the owners within their rights to use the existing, abandoned road to access or enter/exit their property? a. Yes, if a property abuts public ROW they would have the right to access the ROW via a driveway if the driveway could be constructed to City standards. 4. Question: If me and my neighbors want to maintain the prohibition of any vehicle or pedestrian traffic to or from Lupine Lane via 1400 and/or 1500 Lupine Lane from 1221 IH-35. Can I request to maintain the status quo, this prohibition, as part of: 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 938 of 40 - a conditional overlay on the zoning ordinance? - a conditional use permit? - a private restrictive covenant? a. I did not see a current prohibition of vehicle access from 1400/1500 Lupine Lane via any existing zoning restrictions. If the neighborhood wanted to prohibit access, this would need to be a part of the zoning ordinance, however this is not typically something TPW would be supportive of without adequate alternate access and without a full Zoning Transportation Analysis; of which this case does not trigger. Because these are separate legal lots, each lot is required to have frontage along a public ROW. I suggest the neighborhood work directly with the applicant to discuss any access agreements. I hope this information is helpful. Danielle Morin, MPA, AICP, CNU-A Program Manager – South Area Transportation Development Services From: Rachel Mcclure < > Sent: Tuesday, September 8, 2026 9:33 PM To: Morin, Danielle <Danielle.Morin@austintexas.gov> Cc: Estrada, Nancy <Nancy.Estrada@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Gayle Goff < > Subject: Re: 1221 S. IH-35 / 1400 Lupine Lane (Aztecas) - Follow-Up Meeting Regarding Neighborhood Concerns Danielle Good day, I live on Lupine Lane and serve as the neighbors point of contact for the proposed zoning request at the end of my street. The case is about a commercial property facing IH-35 and the residential property at 1400 Lupine Lane. Nancy Estrada suggested I reach out to you with questions about road access. Currently Lupine Lane is a dead-end street with a cliff above IH-35. There are three vacant lots (1400, 1500, and 1504) and an unpaved portion of Lupine. The unpaved road ends at the retaining wall above the properties on IH-35. It has been like this since the 1960s/1970s. 1400 Lupine Lane is a retaining wall and green space. 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 939 of 40 Please help me with a few questions when you have a moment. 1. Can you confirm where Lupine Lane ends. Does it end at 1506 Lupine Lane or does it end at 1400 Lupine Lane? 2. Question: Do any landowners (1400, 1500, 1504) have the right to request to re- open Lupine Lane using a zoning transportation analysis or a transportation impact analysis? 3. Question: If the owners decide to build a new commercial building spanning both properties (S IH-35/1400 Lupine), are the owners within their rights to use the existing, abandoned road to access or enter/exit their property? 4. Question: If me and my neighbors want to maintain the prohibition of any vehicle or pedestrian traffic to or from Lupine Lane via 1400 and/or 1500 Lupine Lane from 1221 IH-35. Can I request to maintain the status quo, this prohibition, as part of: - a conditional overlay on the zoning ordinance? - a conditional use permit? - a private restrictive covenant? Thanks for your time and assistance. Regards, Rachel McClure 1508 Lupine Lane 02 NPA-2026-0021.03 - 1221 S IH-35 Rezoning; District 940 of 40