10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 4 - Staff Report

Planning Commission – Oct. 13, 2026

10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 4 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-85-0149(RCT) - Foundation Communities Inc. North Prosper Center DISTRICT: 4 ADDRESS: 601 West Braker Lane OWNER/APPLICANT: St. Marks United Methodist Church AGENT: Foundation Communities, Inc. (Walter Moreau) ZONING: LO-NP REQUEST: AREA: 4.914 acres The purpose of the restrictive covenant termination request (RCT) is to delete the restrictive covenant that was recorded in 1987 in association with the North Lamar Area Study and accompanying rezonings. This covenant requires that the uses on the property be limited to church and daycare (please see Exhibits C and D). 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: October 13, 2026 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 41 of 14 DEPARTMENT COMMENTS: In this case, the applicant is requesting to terminate a public restrictive covenant associated with zoning case C14-85-149, the North Lamar Area Study, and executed on July 16, 1986 that states that the property shall be limited to church and daycare uses listed in the SF-5 zoning district. The covenant also includes a provision that states that if the use of the property as a church or daycare is discontinued for 90 consecutive days, then the owner of the property will not object to a rezoning of the property to the RR zoning district (please see Applicant’s Request Letter - Exhibit C and Original Restrictive Covenant – Exhibit D). In this request, the applicant is asking to delete the conditions of this covenant so that Foundation Communities can convert the religious assembly and childcare facility uses for this property to a community financial center that provides free health insurance enrollment, tax preparation and financial coaching to low-income households in Austin. The staff recommends the applicant’s request to terminate the conditions of this public restrictive covenant. The language in this covenant refers to conditions in the previous land development code (Chapter 13) prior to the Code revisions in 1985 that adopted current zoning regulations under Chapter 25-2. In addition, the staff and the Law Department no longer recommend rollback provisions for the down zoning of a property if a specific use ceases on that property. The removal of conditions in this covenant would permit the applicant to utilize this property with the uses permitted under the existing LO, Limited Office District, zoning base district. The applicant agrees with the staff’s recommendation. EXISTING ZONING AND LAND USES: ZONING LO-NP Site North LR, GR-CO, NO South LO-V-NP, East CS-V-CO-NP P-NP West CS-V-CO-NP LAND USES St. Mark United Methodist Church General Retail Sales (Rooms For You Furniture), Plant Nursery (Landscape Material) Retail Sales, Personal Services and Restaurant uses (Chinatown Center) Public Primary Educational Facility (Walnut Creek Elementary School) Service Station (Exxon), Construction Sales and Services (P.S. Landscapes Services) AREA STUDY: North Lamar/Georgian Acres Combined NP (North Lamar) WATERSHED: Walnut Creek Watershed CAPITOL VIEW CORRIDOR: N/A HILL COUNTRY ROADWAY: N/A 2 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 42 of 14 NEIGHBORHOOD ORGANIZATIONS: Austin Neighborhoods Council, Friends of Austin Neighborhoods, Go Austin Vamos Austin - North, Homeless Neighborhood Association, North Lamar Neighborhood Association, North Lamar/Georgian Acres Neighborhood Team AREA CASE HISTORIES: REQUEST LO-NP to CS-NP NUMBER C14-2012-0038 (Rezoning of 11012 Georgian Drive) LR to GR-CO C14-2011-0009 (11331 North Lamar Boulevard) COMMISSION CITY COUNCIL 6/28/12: Approved CS-CO-NP zoning on consent on all 3 readings (7-0); B. Spelman-1st, S. Cole-2nd. 6/23/11: Approved GR-CO zoning by consent on all 3 readings (7-0); B. Spelman-1st, L. Morrison-2nd. 5/22/12: Approved staff recommendation for CS-CO-NP zoning on consent, with the following additional conditions agreed to by the applicant and the neighborhood: 1) Upon redevelopment/any new improvements on the site the applicant will provide a dense 5- foot vegetative screen/buffer along the western property line. 2) Prohibit the following uses on the site: Adult-Oriented Business, Automotive Sales, Automotive Rentals, Automotive Washing, Commercial Blood Plasma Center, Kennels, Outdoor Sports and Recreation, Service Station, Campground, Exterminating Services, Hotel-Motel, Laundry Services, Outdoor Entertainment, Off-Site Accessory Parking, Drop- Off Recycling Collection Facility, Scrap and Salvage Storage, Restaurant (all types), Pawn Shop Services, Theater. 3) Prohibit drive-in service as an accessory use to commercial uses of the property. Vote: (8-0, D. Anderson- off dais); J. Stevens-1st, S. Kirk- 2nd. 6/07/11: Approved staff’s recommendation of GR-CO zoning, with a CO to limit the development intensity for the site to 5,082 vehicle trips per day and would prohibit the following uses: 3 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 43 of 14 4/24/08: Approved CS-CO zoning by consent (7-0); all 3 readings 4/24/08: Approved CS-CO zoning by consent (7-0); all 3 readings Automotive Repair, Automotive Sales, Automotive Washing (of any type), Bail Bond Services, Commercial Off-Street Parking, Exterminating Services, Funeral Services, Hotel-Motel, Outdoor Sports and Recreation, and Pawn Shops. In addition, no individual General Retail Services (General) land use shall exceed a maximum floor area of 25,000 square feet. by consent (5-0, G. Bourgeois- absent); P. Seager-1st, D. Tiemann- 2nd. 3/25/08: To approve the staff’s recommendation of CS-CO zoning, with a CO to limit the development intensity for the site to less than 2,000 vehicle trips per day and with an additional condition that upon redevelopment/any new improvements on the site the applicant will provide a dense 5- foot vegetative screen/buffer along the western property line (9-0) 3/25/08: To approve the staff’s recommendation of CS-CO zoning, with a CO to limit the development intensity for the site to less than 2,000 vehicle trips per day and with an additional condition that upon redevelopment/any new improvements on the site the applicant will provide a dense 5- foot vegetative screen/buffer along the western property line (9-0) LO to CS C14-2008-0017 (T and K: 11108 Georgian Drive) LO to CS C14-2007-0269 (11112 Georgian Drive) RELATED CASES: C14-2010-0048 – North Lamar Neighborhood Plan Rezonings C14-85-0149 – North Lamar Area Study 4 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 44 of 14 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 Approved. Fire Approved. No review required. Parks and Recreation Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. As of January 1, 2024, new commercial, non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. Site Plan Zoning Cases FYI: All comments regarding the effects of the proposed rezoning on subsequent Site Plan Review applications are intended to assist in identifying potential development constraints but do not include all regulations which may affect a specific proposal. Changes to property boundaries and requests for development cannot include all regulatory limitations which may apply to a specific subject to modification or reconsideration if affected by a change in property boundaries or if development is proposed on only a portion of the land proposed for rezoning. These comments are intended to assist in identifying potential development constraints, but do not address the actual restrictions which will apply to a specific development proposal. Austin Development Services offers a variety of pre-application review options to assist in evaluating specific development proposals prior to Site Plan Application. 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 Subchapter E Commercial Design Standards. Additional comments will be made when the site plan is submitted. 5 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 45 of 14 Transportation The Austin Strategic Mobility Plan (ASMP) calls for 120 feet of right-of-way for W Braker Lane. It is recommended that 60 feet of right-of-way from the existing centerline should be dedicated for W Braker 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 58 feet of right-of-way for Motheral Dr. It is recommended that 29 feet of right-of-way from the existing centerline should be dedicated for Motheral Dr 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) W Braker Lane Level 4 120 Feet Approx 95 feet Approx 60 feet Yes Yes Yes Motheral Dr Level 1 58 feet Approx 65 feet Approx 25 feet No No Yes Water and Wastewater No review required. INDEX OF EXHIBITS TO FOLLOW A: Case Map B. Aerial Map C. Applicant’s Request Letter D. Original Restrictive Covenant Document 6 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 46 of 14EXHIBIT A 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 47 of 14EXHIBIT B !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-85-149(RCT)NP-2010-0026C14-2010-0048C14-01-0037C14-2007-0106C14-95-0108C14-00-2152C14-05-0097C14-00-2215C14-2011-0009C14-2012-0038C14-2013-0113C14-2008-0017C14-2007-0269C14-01-0037.1C14-04-0209C14-77-138(RCT)C14-99-0021C14-01-0116NLAMARBLVDHORNSBYSTTEDFORDSTHUNTERSLNFERGUSONDRPROVINESDRWBRAKERLNHILLTOPSTKRAMERLNVICTORSTWSCURRYSTPRAIRIETRLGEORGIANDRMOTHERALDRWGRADYDRFARLEYDRWAGONTRLEUBANKDRTITIANDRTURNERDRWCADDOSTWCOVINGTONDRINDIANHEADDREBRAKERLNUNNAMEDST253NELSONRDNORTHBENDDRORBITRDCHEROKEE STMCPHAULSTWSCURRYSTMOTHERALDRGRCSP-NPLRCS-V-CO-NPSF-1SF-1CS-NPSF-1SF-1CS-NPGRCS-NPCS-NPCS-NPSF-1SF-1IP-NPLO-NPSF-1SF-2SF-2-NPLO-V-NPLO-NPGR-MU-CO-NPLOSF-1W/LO-COGO-COSF-2CS-CO-NPLO-COSF-2-NPLR-NPNOSF-2GR-COSF-1SF-1GR-COCS-V-CO-NPSF-1CS-V-CO-NPSF-2NOGR-COCS-NPI-RRSF-2CS-V-CO-NPLR-NPCS-MU-CO-NPCS-MU-CO-NPNONOLOCS-NPSF-1SF-2-NPW/LO-COSF-2-NPSF-2CS-NPLR-CO-NPCS-1-MU-CO-NPCS-MU-CO-NPLO-MU-CO-NPLR-CO-NPCS-CO-NPCS-MU-CO-NPCS-1UNDEVWHSE85-149.491-0801-0037.00185-1077-0893-011201-011601-003785-14985-18985-37885-05885-19085-50800-2022\(DENIED)91-002400-215299-002104-020991-004806-012093-010589-004105-009703-0182C7A-00-003860206-KSTRIPCENTERSP-96-0020CVETCLINICSP-00-2181CSP-02-0013CSP-93-0122CSP-05-0639CSP-02-0365DSP-02-0321CSP-99-2095CSP-03-0216CSP-99-2053CSP-05-1418CSP-95-0386CSP89-506SP85-109SP-96-0066C(EXPIRED)SP92-112CSP94-0391CPRINTINGCO.SP95-0386C85-149RC85-059RCRETAILSP96-0341CSP91-0244CSP88-0141ASP89-008CSP89-0017CAPTS.ELEC.SECURITYSYS.VACBLDG.DAIRIES\SISTRIBUTION\CCENTERSP89-0150CSSTRIPSECURITYCO.CO.DETAIL\SHOPVEHICLE\SERVICESP-99-2042CSOFC.GAS\STATIONFENCING CO.FITNESSAUTOREPAIRREPAIRFURN.OFFICESTORE&GASJEWELRYREPAIRCONV.CLUB PARKSIGNSHOPAUTO&WALNUT ELEM.WALNUT CREEK ELEM.SERVICEOFC/WHS.AUTO\PARTSCOMMUNICATIONSCO.SPRINKLERJUNKCARSJUNK\CARSOFFICE/WHSETRANSMISSIONOFFICE/\WAREHOUSECONTR.SCAPINGGLASSSHOPSALESWRECKER\SERVICESP85-052SP94-0040CBODYSHOPMACHINEAUTO STORAGEBODY\SHOPCONVENIENCEWELDINGLUMBER\COMPANYVACANTSURVEYCENTERSTOREMASONARY\PRODUCTSBARBERTRUCKAUTOSHEDLUMBERCONTRACTORCARSHOPBODYCHURCHLAWN95-0108BOOKSTOREMHFIREWOOD\SALESSP95-0322CSP-97-0390CSTORAGE2007-0269BODY\SHOPCONTRACTORC7A-00-00385-149CENTER85-14901-0037MHSHOPUNDEVUNDEVMH01-0116MHMHMHSHOP01-0037MH85-149SERVICEMHAUTO\PARTSSALES01-0037SP-00-2181CCHURCHSIGNSHOPOFFICEBODYSHOPUNDEVCONTR.85-149MH85-14985-378REPAIRBODYSHOPSALESMHC7A-00-003C7A-00-003SERVICESHOP01-0037601 W Braker±This product has been produced by Austin Planning for the sole purpose of geographic reference.No warranty is made by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:MANAGER:C14-85-149(RCT)601 Braker Ln4.9 AcresSherri SirwaitisCreated: 9/1/2026SUBJECT TRACTZONING BOUNDARY!!!!PENDING CASECREEK BUFFER1" = 400'10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 48 of 14EXHIBIT C May 15, 2026 RE: Restrictive Covenant termination request To whom it may concern, Foundation Communities, Inc. is submitting this application to terminate the Restrictive Covenant Termination at 601 W. Braker Lane, Austin, TX 78753. The property is currently owned by St Marks Methodist Church and ground leased to Foundation Communities, Inc. The restrictive covenants dated 1987 requires that the use be limited to church and daycare. We intend to convert the religious assembly and childcare facility uses for the property located at 601 W. Braker Lane to a community financial centers that provides free health insurance enrollment, tax prep, and financial coaching to low income households in Austin. Sincerely, Walter Moreau Executive Director of Foundation Communities 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 49 of 14 EXHIBIT D 10 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 410 of 1410 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 411 of 1410 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 412 of 1410 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 413 of 1410 C14-85-149(RCT) - Foundation Communities Inc. North Prosper Center; District 414 of 14