B-01 (C14-2019-0162 - Slaughter and Cullen; District 2)

Zoning and Platting Commission – June 16, 2020

B-01 (C14-2019-0162 - Slaughter and Cullen; District 2) — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 2 CASE: C14-2019-0162 – Slaughter and Cullen ZONING FROM / TO: GR-CO, to change a condition of zoning and remove restaurant (general) and restaurant (limited) uses from the prohibited use list ADDRESS: 166 West Slaughter Lane and 9012 Cullen Lane SITE AREA: 1.273 acres PROPERTY OWNER: LG Slaughter and Cullen LLC (Rob Pivnick) AGENT: Husch Blackwell, LLP (Nikelle Meade) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – conditional overlay (GR-CO) combining district zoning and remove restaurant (general) and restaurant (limited) uses from the prohibited use list. The remainder of the –CO that applies to the property remain unchanged. For a summary of the basis of Staff’s recommendation, see page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: June 16, 2020: June 2, 2020: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JUNE 16, 2020 [H. SMITH; B. EVANS – 2ND] (10-0) J. DUNCAN – NOT PRESENT FOR PASSAGE OF THE CONSENT AGENDA CITY COUNCIL ACTION: Not yet scheduled ORDINANCE NUMBER: ISSUES: The Park Ridge Owners Association Board of Directors is opposed to the Applicant’s request. Please refer to correspondence attached at the back of this packet. CASE MANAGER COMMENTS: The subject undeveloped, platted “L” shaped lot has dual frontage on West Slaughter Lane and Cullen Lane, and is zoned community commercial – conditional overlay (GR-CO) 1 of 45B-1C14-2019-0162 Page 2 combining district covered by two 2007 cases. The western portion of the lot is moderately treed and there is a large tree at the southwest corner of the lot, along the Slaughter frontage. To the north and west there is undeveloped property with an approved site plan for retail uses; to the east and south is an office / commercial building at the intersection of Slaughter and Cullen (GR-CO; CS-1), across Cullen Lane to the east is a bank, restaurant and pharmacy (CS-CO); across Slaughter Lane to the south is the South Park Meadows shopping center (GR-CO); and further to the west is Park Ridge, a single family residential subdivision (I-SF-4A; I-RR). Please refer to Exhibits A and A-1 – Zoning Map and Aerial Exhibit. The Applicant proposes to rezone the property and modify the Conditional Overlay, specifically to remove the restaurant (general) and restaurant (limited) uses from the prohibited use list. Otherwise, the Council-approved Conditional Overlay including the prohibited use list, 35-foot height limit, vehicle trips per day, and the public Restrictive Covenant that places additional development restrictions on the property would remain unchanged. Please refer to Exhibit B – 2007 Rezoning Ordinances and Restrictive Covenant. A restaurant (general) use is defined as the use of a site for the preparation and retail sale of food and beverages and includes the sale and on-premises consumption of alcoholic beverages (less than 51 percent of gross income). Live entertainment is also permitted if the amplified sound does not exceed 70 decibels at the property line. A restaurant (limited) use excludes the sale of alcoholic beverages for on-premises consumption. The Applicant anticipates that a restaurant would be located on the west side of the lot and front on Slaughter Lane. Due to an existing driveway serving the adjacent office / commercial property at the intersection and required 200-foot separation between driveways, access from this site would be taken from Cullen Lane. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major trafficways. The Conditional Overlay (CO) combining district may be applied in combination with any base district. The district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. The property has access to West Slaughter Lane, a major arterial roadway and Cullen Lane, a collector street. 2. Zoning changes should promote compatibility with adjacent and nearby uses. Staff recommends the Applicant’s request to change the Conditional Overlay and remove restaurant (general) and restaurant (limited) from the prohibited use list based on the following considerations of the property: 1) location on an arterial roadway and a collector 2 of 45B-1C14-2019-0162 Page 3 street (a signalized intersection); 2) a restaurant use is compatible with the adjacent GR-CO lots approved for office and retail uses; and 3) a restaurant use is approximately 240 feet from the closest residence in the Park Ridge subdivision. EXISTING ZONING AND LAND USES: ZONING Site North GR-CO; CS-CO Undeveloped (approved site plan for 1-story, 8,156 sf of retail); Undeveloped LAND USES GR-CO South GR-CO (Across East West Slaughter Ln) GR-CO; CS-1; CS-CO GR-CO; I-RR; I-SF-4A Club / lodge Commercial shopping center with restaurants, financial services, retail and offices At corner: Professional offices; Medical offices; Across Cullen Lane: Financial services; Restaurant; Pharmacy; Construction sales and services Undeveloped (approved site plan for 1-story, 8,156 sf of retail); Pond; Single family residences in the Park Ridge subdivision TIA: Is not required SCENIC ROADWAY: Yes, Slaughter Lane AREA STUDY: Not Applicable WATERSHED: Slaughter Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Williams Elementary School Bedichek Middle School Crockett High School NEIGHBORHOOD ORGANIZATIONS: 242 – Slaughter Lane Neighborhood Association 511 – Austin Neighborhoods Council 627 – Onion Creek Homeowners Association 742 – Austin Independent School District 1228 – Sierra Club, Austin Regional Group 1363 – SEL Texas 1496 – Park Ridge Owners Association, Inc. 1530 – Friends of Austin Neighborhoods 1531 – South Austin Neighborhood Alliance (SANA) 1550 – Homeless Neighborhood Association 1616 – Neighborhood Empowerment Foundation AREA CASE HISTORIES: 1424 – Preservation Austin 1528 – Bike Austin COMMISSION CITY COUNCIL To Grant, as requested Apvd (4-25-2019). NUMBER C14-2018-0118 – 8900 South Congress REQUEST CS-CO to CS- CO to remove the 2,000 trips per day limit and 3 of 45B-1C14-2019-0162 Page 4 replace w/the conds of a TIA GR-CO to CS-1 To Grant CS-1 for 15,534 sf. C14-06-0161 – Southpark Meadows Building 19 – 9200-9250 Cullen Ln C14-05-0171 – The Grove at Southpark Meadows – 301 W Slaughter Ln and 9501 S 1st St I-RR; LO-CO; CS-CO to GR- MU-CO for Tracts 1 and 2; SF-6 for Tract 3; SF-6-CO for Tract 4; GR-CO for Tract 5 C14-05-0002 – Quick Tract – 9420 Cullen Ln RR to CS C14-04-0075 – Southpark Meadows – 9600 S IH 35 Service Rd SB C14-99-0129 (RCT) - 9600 S IH 35 Service Rd SB LO-CO; CS-1- CO to GR-CO To Terminate the Restrictive Covenant which addresses the discontinuance of a cocktail lounge use. RR to GR To Grant GR-MU-CO for Tracts 1 and 2; SF- 6 for Tract 3; SF-6-CO for Tract 4 and GR-CO for Tract 5, w/ addl prohibited uses and LR development standards, and the conditions of the TIA w/addl turning movements allowed Approved GR-CO w/ CO for list of prohibited and conditional uses. Restrictive Covenant for the TIA. To Grant GR-CO w/ conds of the TIA To Grant a Termination of the Restrictive Covenant C14-04-0037 Slaughter @ Cullen Commercial – 9200 Cullen Ln To Grant GR-CO with a list of prohibited uses and conditions of the TIA C14-03-0066 – Wal-mart –IH-35 and Slaughter Lane RR; SF-2; LI- CO; CS-CO and CS to GR To Grant GR-CO w/ conds of the TIA Apvd CS-1-CO w/CO to prohibit adult- oriented uses (11-2-2006). Apvd GR-MU-CO for Tracts 1 and 2, SF-6 for Tract 3 and GR-CO for Tract 5 as ZAP recommended; SF-4A for Tract 4. Restrictive Covenant for the TIA (5-18-2006). Apvd GR-CO as recommended by ZAP. Restrictive Covenant for the TIA (3-10-2005). Apvd GR-CO with a Restrictive Covenant for the TIA, as recommended by ZAP (10-21-2004). Apvd a Termination of the Restrictive Covenant (10-21-2004). Apvd GR-CO w/CO for a list of prohibited and conditional uses. Restrictive Covenant for the TIA (8-26-2004). Apvd GR-CO w/CO for a 6’ fence and landscaping along Cullen Ln; 2) direct all traffic south on Cullen 4 of 45B-1C14-2019-0162 Page 5 Ln by way of limited function driveways onto Cullen Ln that allow right-in and left- out movements only; 3) the use of shielded / hooded lights throughout the site; and, 4) a list of prohibited uses and one accessory use. Restrictive Covenant for the TIA and an Integrated Pest Management (IPM) Plan and a landscape plan for the use of native and adapted plant materials (10-30-2003). Apvd CS-CO for Tract 1; LO-CO for Tract 2 as Commission recommended (6-22-2000). Apvd CS-CO for Tract 1; LO-CO for Tract 2 as Commission recommended (1-27-2000). Apvd CS-CO for Tract 1; LO-CO for Tract 2 as Commission recommended (1-27-2000). Apvd CS-CO for Tract 1; LO-CO for Tract 2 as Commission recommended (9-30-1999). C14-99-2063 – 8900 Block of Cullen Lane I-RR to CS for Tract 1; LO for Tract 2 C14-99-2007 – 8916 Cullen Ln I-RR to CS for Tract 1; LO for Tract 2 C14-99-0112 – 8816 Cullen Ln DR to CS for Tract 1; LO for Tract 2 C14-99-0075 – 8810 Cullen Ln DR to CS for Tract 1; LO for Tract 2 To Grant CS-CO for Tract 1; LO-CO for Tract 2. (The CO is described below in C14-98-0226) To Grant CS-CO for Tract 1; LO-CO for Tract 2. (The CO is described below in C14-98-0226) To Grant CS-CO for Tract 1; LO-CO for Tract 2. (The CO is described below in C14-98-0226) To Grant CS-CO for Tract 1; LO-CO for Tract 2, with LO-CO being a 40’ wide landscaped buffer and a 6’ solid fence along the west property line; CS- CO for list of prohibited uses; 30’ height limit; 2,000 trips; rollback to W/LO 5 of 45B-1C14-2019-0162 Page 6 if construction sales & service use is a permitted use in that district; r-o-w dedication on Cullen Lane (approx. 5’). To Grant LO-CO C14-98-0226 – 8908 Cullen Ln I-RR to CS-CO Apvd CS-CO for Tract 1 and LO-CO for Tract 2 with LO-CO being a 40’ wide landscaped buffer and a 6’ solid fence along the west property line; CS-CO for list of prohibited uses; 30’ height limit; 2,000 trips; rollback to W/LO if construction sales & service use is a permitted use in that district; r-o-w dedication on Cullen Lane (approx.5’) (10-7-1999). Apvd CS-1-CO for Tract 1; GR-CO for Tract 2 as recommended by Commission (4-25-1996). C14-96-0015 – 9100 Cullen Ln I-RR to GR; CS- 1 To Grant CS-1-CO for Tract 1; GR-CO for Tract 2, w/CO for 2,000 trips RELATED CASES: On May 3, 2007, Council approved GR-CO zonings and a public Restrictive Covenant for two cases that cover the lot proposed for rezoning (C14-06-0203 – Cullen Zoning and C14- 06-0204 – Slaughter Zoning). The rezoning area is platted as Lot 3, Resubdivision of Lot 2, Block A, Replat of a Portion of Lot 8 Tom F. Dunnahoo Subdivision and Lot 6, Tom F. Dunnahoo Subdivision,recorded on October 19, 2019 (C8-2019-0018.0A). Please refer to Exhibit C – Recorded Plat. 6 of 45B-1C14-2019-0162 Page 7 EXISTING STREET CHARACTERISTICS: Name ROW Pavement Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) Yes 92 feet Level 4 (Major Arterial) Yes Buffered Bike Lane 22 feet Level 2 (Collector) No Shared Lane Yes 107 feet 48 – 58 feet West Slaughter Lane Cullen Lane OTHER STAFF COMMENTS: Comprehensive Planning The subject tract for this rezoning case is located along the Imagine Austin Slaughter Lane Activity Corridor and is within the Imagine Austin Southpark Meadows Regional Center. The subject property, which is ‘L’ shaped, is 1.273 acres in size and abuts Cullen Lane and Slaughter Lane and is not located within the boundaries of a small area plan. Surrounding land uses includes undeveloped land, a club, and a nursery school to the north; to the south is small shopping center and the Southpark Meadows Shopping Center; to the east is a bank and a restaurant and both uses have a drive thru; and to the west undeveloped land and single family houses. Cullen Lane is a narrow rural road with no curb or gutters. The proposed use is restaurant and the removal of some of the existing conditional overlays so that restaurant uses (Limited and General) would be permitted uses on this property. The remaining Conditional Overlays would still apply. Existing conditional overlays on this site: • A 50 foot vegetative buffer along the western property line where it is adjacent to or within 50 feet of a single family house. • A 25 foot vegetative buffer along the western property line where adjacent to the • The maximum building height is no greater than 35 feet from grade level. detention pont. • Signage restrictions • The Land Use shall not generate more than 3,000 trips per day. • Prohibited uses below, which includes restaurants: 7 of 45B-1C14-2019-0162 Page 8 Connectivity Cullen Lane is a narrow road with no curb or gutters. The only public sidewalk is located at the property that contains the bank. Public sidewalks are located along Slaughter Lane. A transit stop is located within 300 feet from the subject property, on Slaughter Lane. Bike lanes are located along both side of this portion of Slaughter Lane. The mobility and connectivity options in the area are average. Imagine Austin The subject tract falls within the boundaries of the Imagine Austin Southpark Meadows Regional Center. Like many Imagine Austin Centers, this center is represented by a circle or globular shape that reflects the general location where the center should be located in the future. The center’s actual boundaries would need to be clarified through a small area planning process. A Regional Center is the most urban of the three activity centers outlined in the growth concept map. These centers are the places where the greatest density of people and jobs and the tallest buildings in the region will be located. The project is also located along the West Slaughter Lane, an Imagine Austin Corridor. Activity Corridors are intended to allow people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances. They are 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. The following Imagine Austin policies are applicable to this case: • LUT P1. Align land use and transportation planning and decision-making to achieve a compact and connected city in line with the growth concept map. • LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs. • LUT P4. Protect neighborhood character by directing growth to areas of change that includes designated redevelopment areas, corridors and infill sites. Recognize that 8 of 45B-1C14-2019-0162 Page 9 different neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities. Based on this property being situated within a Regional Center and along Activity Corridor, which supports retail and commercial uses in both centers and corridors; the existing mobility options available in the area (public sidewalks, bike lanes, and a transit stop); and the Imagine Austin policies referenced above that supports a variety of development, including a retail/commercial uses along major corridors, this project supports the Imagine Austin Comprehensive Plan. 9 of 45B-1C14-2019-0162 Page 10 10 of 45B-1C14-2019-0162 Page 11 % of Gross Site Area % of Gross Site Area with Transfers 50% 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. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Slaughter 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 Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex 55% Multifamily 60% Commercial 80% According to floodplain maps there is no floodplain within or adjacent to 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. Site Plan Site plans will be required for any new development other than single-family or duplex residential. 60% 70% 90% 60% Any development which occurs in an SF-6 or less restrictive zoning district which is located 540 feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. 11 of 45B-1C14-2019-0162 Page 12 Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. FYI: Additional design regulations will be enforced at the time a site plan is submitted. FYI: A portion of the subject property is included in a site plan that is currently under review (SP-2018-0394C). COMPATIBILITY STANDARDS The site is subject to compatibility standards due to proximity of SF-4A to the west. The following standards apply: • No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of • No structure in excess of three stories or 40 feet in height may be constructed within 100 feet the property line. of the property line. • For a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, height limitation is 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. • For a structure more than 300 feet but not more than 540 feet from property zoned SF-5 or more restrictive, 60 feet plus one foot for each four feet of distance in excess of 300 feet from the property zoned SF-5 or more restrictive. • An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from property in an SF-5 or more restrictive zoning district. DEMOLITION AND HISTORIC RESOURCES The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. Transportation A traffic impact analysis was not required for this case because the traffic generated by the proposed zoning does not exceed the threshold of 3,000 vehicle trips per day as stated in the 2007 zoning ordinances. The Austin Strategic Mobility Plan (ASMP) adopted April 11, 2019, calls for 120 feet of right-of-way for West Slaughter Lane and 78 feet for Cullen Lane. It is recommended that 60 feet of right-of-way from the existing centerline W Slaughter and 39 feet from the existing centerline of Cullen should be dedicated according to the Transportation Plan with the submittal of a subdivision or site plan application [LDC 25-6-51 and 25-6-55]. 12 of 45B-1C14-2019-0162 Page 13 Water / Wastewater 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 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 TO FOLLOW A: Zoning Map A-1: Aerial Map B: 2007 Rezoning Ordinances and public Restrictive Covenant C: Recorded Plat Correspondence Received 13 of 45B-1( I-SF-4A MF-2-CO C14-01-0014 ( ( ( ( ( ( ( ( S W A N S O N C V ( ( ( I-SF-4A ( ( ( ( ( ( N LN ( ( ( O S N A SW ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( T S A N N A ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( I-RR ( S H A N T S T ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( ( F R A N CIA T R L ( ( ( GR-CO I-RR J A C K Y S T OPEN\SPACE I-SF-4A ( ( ( ( ( ( ( ( ( ( ( ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( ( ( ( R CI N E G VI ( ( ( ( ( ( ( ( ( ( ( SP-2007-0460C ( ( ( ( ( ( ( ( I-SF-4A ( ( ( ( ( R CI E N LI A T ( ( ( ( ( I-RR ( SF-2 A U T O B O D Y U P H O L S T E R Y OFFICE/WAREHOUSE 99-0075 ( ( ( ( ( 5 7 0 0 - 9 9 ( LO-CO ( I-SF-4A CS-CO 99-0112 INDO OR S PO RTS & REC 2 1 1 0 - 9 9 ( ( ( ( ( ( ( ( ( ( ( ( LO-CO CLUB/LODGE I-RR UNDEV 99-2063 UNDEV CS-CO 98-0226 99-2001 SP07-0055C SP-03-0198C 88-040R.C. UNDEV SP-00-2295C SP-99-0189C C14-96-0017 96-17 99-2007 ( PARKING C14-03-0076 C14-2018-0125 C14-06-0119 99-2001 C14-04-0105 04-0105 SP-06-0672C TRUCK PARTS (VAC) UNDEV 92-0131 N G R E S S A V E S C O UNDEV 92-0130 CS-CO SP-06-0027C TELECOM\TOWER 92-060 96-17 CS-CO C14-2012-0092 89-0058 UNDEV C14-89-0058 92-0059 ( ! ! ! ! C14-06-0203 ! GR-CO ! 06-0203 ! ! ! ! ! UNDEV ! C14-06-0204 ! 06-0204 ! ! ! ! C14-96-0015 96-0015 CONSTRUCTION\SALES/SERVICES 00-2119 COMMUN ICATION SERVICE 00-2114 AUTO TINTING/SECURITY SYS. ! ! ! RETAIL ! ! CS-1 2008-0197 C14-2008-0197 00-2089 SERV IC E\STATION SP-01-0282C 96-0016 91-0058 FOOD SALES GR-CO CARPET\RETAIL RESTAURANT SP-00-2284C SP-04-0536C W SLAUGHTER LN I-SF-4A C14-2018-0118 UNDEV SP-05-1737C FAST FOOD 980326-L DENTAL\OFFICE C14-2012-0046 PET\SVCS. C14-04-0037 04-0037 C14-2007-0193 2007-0193 980326-L SHOPPING\CENTER 85-194 SHOPPING CENTER 05-0002 98-0230 C14-05-0002 980326-L N L N E L L U C 03-0066 SP-03-0283C SP-04-0318C GR-CO 980326-L C14-03-0066 I-RR N E L A E M IC L A 1 6 1 0 - 6 0 CS-1-CO C14-06-0161 GR-CO C14-04-0075 BANIN M ALO NE LN N L Y A F R E Y W A S SF-4A SF-4A N L N Y L I R A M Y E N D Y S C14-05-0171 C14-2015-0007 GR-MU-CO 99-0129 SF-4A GR-CO ± CS-1 C14-04-0203 04-0203 89-0048 T U R K LN SP-05-1166D ZONING Exhibit A SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING CASE#: C14-2019-0162 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 CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 12/5/2019 GAS STATION FINANCIAL\SERVICES SP- 99-2169C 98-0125 B 5 S S IH 3 C14-03-0186 B D S R V 5 S S IH 3 P M A K R R U O T B T 5 S S IH 3 B 5 N S IH 3 B D N R V 5 S S IH 3 C14-2014-0121 CS-CO C14-2018-0106 14 of 45B-12 3 1 4 5 CS-CO G14 N L N E L L U C I-RR 4 A CS-CO 1 32 1 1 41 40 39 38 LO-CO 37 36 35 34 33 3 4 23 22 5 6 21 20 19 18 7 8 I-SF-4A 9 10 11 6 JACKY ST 17 16 15 14 13 12 F14 S H A N T S T 18 17 16 15 7 I-SF-4A 14 13 8 9 10 11 12 31 I-SF-4A 30 29 28 N CIR VIG E 27 26 25 24 19 20 I-SF-4A 21 22 20 19 5 6 17 18 1 31 W SLAUGHTER LN N E L A E M LIC A F13 23 I-RR GR-CO 2 C14-2019-0162 3 CS-1 3 2 1 2 1 1 G13 7 2B 1 2A 2C 1 GR-CO 3 CS-1-CO 4 2 GR-CO 1 ± 1'' = 200' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER SLAUGHTER AND CULLEN Exhibit A - 1 ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2019-0162 166 W, SLAUGHTER LANE; 9012 CULLEN LANE 1.273 Acres G13 Wendy Rhoades This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Copyright nearmap 2015 15 of 45B-116 of 45B-117 of 45B-118 of 45B-119 of 45B-120 of 45B-121 of 45B-122 of 45B-123 of 45B-124 of 45B-125 of 45B-126 of 45B-127 of 45B-128 of 45B-129 of 45B-130 of 45B-131 of 45B-132 of 45B-133 of 45B-134 of 45B-1Correspondence Received 35 of 45B-136 of 45B-137 of 45B-138 of 45B-1From: To: Subject: Date: shirley masterson Rhoades, Wendy C142019-0162 Wednesday, May 27, 2020 9:13:59 AM *** External Email - Exercise Caution *** Good morning Wendy, I am writing to oppose the the building of a restaurant at Slaughter and Cullen Street ...case number above. My name is Shirley Masterson I live at 9201 Vigen Circle and I'm objecting because my property is on the western boundary of the property. Thank you Shirley Masterson CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. 39 of 45B-1From: To: Subject: Date: jbaert@austin.rr.com Rhoades, Wendy C14-2019-0163 - 166 West Slaughter Wednesday, May 27, 2020 10:47:22 AM *** External Email - Exercise Caution *** I am requesting that the ordinance 2007053-047 and 048 remain in place. This ordinance established permanent zoning on the property and I would like to keep it that way. Nothing has changed since 2007, except for the developer who just wants to make money at the expense of our neighborhood. I understand that the restaurant being considered in Raisin Cane. I checked online and the Raisin Cane on Riverside stays open until 1:00 a.m. and the Raisin Cane on MLK is open until 2:00 a.m. This type of business is not something we want in our backyard. We would have to deal with the traffic and noise in the wee hours of the morning, not to mention the trash bins and rats. Please consider this old lady's request and prevent any restaurant from occupying this property. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. 40 of 45B-1From: To: Subject: Date: Kaysie Fernandez Rhoades, Wendy Case Number: C14-2019-0162 Monday, June 1, 2020 9:22:02 AM Good morning Wendy Rhoades, I hope you are well. *** External Email - Exercise Caution *** This email is to object to case number C14-2019-0162 a request to modify the list of prohibited uses to allow for restaurants use. This request is too close to my and other homes and will negatively impact the quality of our living area with in increase in rodents, bugs, noise and smell. I will attend the public hearing on June 2, 2020 to voice my concerns. Thank you, Katherine Fernandez 9117 Vigen Circle Austin, Tx 78748 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. 41 of 45B-1Rhoades, Wendy Rhoades, Wendy FW: C14-2019-0162 Slaughter and Cullen at ZAP June 2, Tuesday, June 2, 2020 11:35:59 AM From: To: Subject: Date: From: Susan Hambright Sent: Tuesday, June 2, 2020 11:28 AM To: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Cc: Jeanne M. Baert; Sharon Scott; Shirley Masterson; Kaysie Fernandez; Rivera, Andrew <Andrew.Rivera@austintexas.gov> Subject: Re: C14-2019-0162 Slaughter and Cullen at ZAP June 2, Wendy, thank you very much. I take full responsibility for misreading the date for signing up and it will not happen again. Do we need to "appear" tonight or do anything else for the postponement or is it automatic? We appreciate Staff and Applicant's agreeing to the postponement. Best, Susan On Tuesday, June 2, 2020, 11:21:55 AM CDT, Rhoades, Wendy <wendy.rhoades@austintexas.gov> wrote: Hello All, I confirmed that speaker registration is closed and that the Law Department is not flexible with allowing sign-up after the posted cut-off time. I regret the circumstances and will forward the Neighborhood’s request for postponement to the Tuesday, June 16th ZAP meeting. The Applicant does not object to the Neighborhood’s request for postponement. Next Friday, June 12th I will forward the updated Staff report, the ZAP agenda and instructions for speaker registration (with deadlines!) to the group listed above. If you would like to send additional correspondence regarding this case, please send to me by the close of business next Tuesday, June 9th. Sincerely, Wendy Rhoades From: Susan Hambright <austinsus@att.net> Sent: Tuesday, June 2, 2020 10:52 AM 42 of 45B-1To: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov>; Rivera, Andrew <Andrew.Rivera@austintexas.gov> Cc: Jeanne M. Baert; Sharon Scott; Shirley Masterson; Kaysie Fernandez Subject: Re: C14-2019-0162 Slaughter and Cullen at ZAP June 2, Good morning, Wendy and Andrew. Have you revisited our ability to speak at the hearing tonight? I apologize for misreading the message in the first place, but I truly believed we had until today to sign up and had passed that info on to our group when we met this weekend. It will cause prejudice to our neighborhood if we are unable to speak to the commission, and will give an unfair advantage to Applicant. Since the agenda for the hearing tonight is not lengthy, there will be no unfair advantage to anyone to allow us to speak. Even though I misread the information provided on the first page of the agenda, in the notice of the hearing that was provided to affected property owners and our board, a link to the following information on the comment process was provided. There appears to be no deadline for signing up to speak, and it is preferred that a request for postponement be given the day before, not it is not required. **************** Zoning and Platting Commission Meeting information (agenda, time, date) is at this link. Contact Andrew Rivera, Planning and Zoning Department - 5th Floor, One Texas Center, 505 Barton Springs Road , (512) 974-6508 It is preferred that anyone requesting a postponement of a public hearing put the request in writing to the Commission Liaison by 10:00 a.m. the Tuesday before the Zoning and Platting Commission meeting. The request for postponement should reflect how long the item should be postponed and the reasons for the postponement (Rules of Procedure Article VI. (A) ). ********************* If we are not allowed to speak, we respectfully by this writing request a postponement of this matter until such time as the Commission may hear from everyone regarding this matter. Since we were unaware until late last night that we were not going to be allowed to speak, we did not intend to seek a postponement. I will also seek a waiver from the planning commissioners. Please advise at your early opportunity. Thanks very much. Best, Susan Hambright 43 of 45B-1On Monday, June 1, 2020, 09:35:45 PM CDT, Susan Hambright wrote: Andrew, in the flurry of emails between Wendy, myself and our group, I misread Wendy's email and thought it was noon tomorrow. Our group met virtually this weekend and we have information to provide to the Commission that is important in their determination. In normal times, we would not even have to sign up until we arrived at City Hall. Wendy, please tell me we will still be able to speak tomorrow night? Otherwise, we will need to ask for a postponement of the hearing. We'd all rather not do that. On Monday, June 1, 2020, 09:31:27 PM CDT, Rivera, Andrew <andrew.rivera@austintexas.gov> wrote: As reflected on the posted agenda, the time to sign up to speak has expired. http://www.austintexas.gov/edims/document.cfm?id=341131 At this time, I’m happy to pass along information to the Zoning and Platting Commission. Thanks again. Best, Susan Hello Ms. Hambright: Link to agenda: Thank you, Andrew 44 of 45B-1 Get Outlook for iOS From: Susan Hambright Sent: Monday, June 1, 2020 9:23:45 PM To: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov>; Rivera, Andrew <Andrew.Rivera@austintexas.gov> Cc: Jeanne M. Baert; Sharon Scott; Shirley Masterson; Kaysie Fernandez < Subject: C14-2019-0162 Slaughter and Cullen at ZAP June 2, *** External Email - Exercise Caution *** Hi Wendy. When you have the instructions for calling in to the hearing tomorrow night, could you please copy all of this group? Also if you could send a link to the live hearing if any portion of it is on ATV, that would be appreciated. I will be on a conference most of the morning and don't want to miss getting the info to everyone. Andrew, at a minimum, can you please add me and Kaysie Fernandez to the list of speakers. I am asking the others in the group to also send you an email by noon tomorrow, Tuesday, June 2 that they plan to speak. Please let us know when we should call. Will be all be queued up? I will be the lead speaker. Thank you both, as always, for your help. Best, Susan Hambright Director, Park Ridge Owners Association, Inc. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. 45 of 45B-1