B-04 (C14-2021-0054 - 11700 North IH-35 SB; District 7).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0054 (11700 North IH-35 SB) DISTRICT: 7 ZONING FROM: LO TO: GR ADDRESS: 11700 North Interstate Highway-35 Service Road SB SITE AREA: 0.87 acres (37,897.2 sq. ft.) PROPERTY OWNER: SQ Development LLC (Dalia and Tony Ballard) AGENT: Tony’s Jamaican Food, LLC (Kimberly Scott) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends GR-CO, Community Commercial-Conditional Overlay Combining District, zoning. The conditional overlay will prohibit Automotive Rentals, Automotive Repair Services, Automotive Sales, and Automotive Washing (of any type), Bail Bond Services, Commercial Blood Plasma Center, Commercial Off-Street Parking, Community Recreation (Private), Community Recreation (Public), Congregate Living, Consumer Convenience Services, Funeral Services, General Retail Sales (General), Guidance Services, Indoor Entertainment, Outdoor Sports and Recreation, Pawn Shop Services, Residential Treatment and Service Station uses on the property. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: June 1, 2021: Approved neighborhood's request for a postponement to June 15, 2021, by consent (8-0, C. Acosta and T. Bray-off dais); H. Smith-1st, J. Kiolbassa-2nd. June 15, 2021: CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 20B-4C14-2021-0054 ISSUES: 2 The Walnut Creek Neighborhood Association has adopted more restrictive regulations for hours of operation and distance to residences for mobile food vendors (please see Exhibit D - Map of Areas that Adopted Additional Mobile Food Vendor Regulations). Regulations for mobile food vending establishments can be found in LDC Sec. 25-2-812 (please see Exhibit E). The applicant said that she is aware of this information and has discussed these additional restrictions with the neighborhood association president, Robert Meadows. CASE MANAGER COMMENTS: The property in question is a 0.87 acre lot located at the northwest corner of Meadow Lark Avenue and the N. Interstate Highway-35 South Bound service road. This lot is currently developed with 1,575 sq. ft. residential structure (most recently used as an Air B & B) and a large 3,604 sq. ft. warehouse. There are office, retail and commercial uses to the north, office and commercial uses to the south and a single-f amily residential subdivision to the west. The applicant is proposing to redevelop the site with a f ood court and retail store/food sales use. The staff recommends GR-CO zoning because the property meets the intent of the Community Commercial district. GR-CO zoning will allow for uses that serve the community needs on a property that fronts onto a major freeway/highway, IH-35 South Bound. The proposed GR-CO zoning will be compatible and consistent with the surrounding uses because there are office and retail uses (LO zoning) to the north and office and commercial uses (CS-CO zoning) to the south, across Meadow Lark Avenue. The applicant agrees with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The Community Commercial (GR) district is the designation for an office or other commercial use that serves neighborhood and community needs and that generally is accessible from major traffic ways. 2. The proposed zoning should promote consistency and orderly planning. The proposed GR-CO zoning will be compatible and consistent with the surrounding uses because there are office and retail uses (LO zoning) to the north and office and commercial uses (CS-CO zoning) to the south, across Meadow Lark Avenue. 3. The proposed zoning should allow for a reasonable use of the property. GR-CO zoning will permit office, civic and commercial uses that will serve the residential developments to the west. The proposed conditional overlay will limit more intensive commercial uses at this location and is appropriate for a pr operty that backs up to single family residential uses. 2 of 20B-4C14-2021-0054 3 EXISTING ZONING AND LAND USES: ZONING LAND USES LO Site North LO East South CS-CO ROW West SF-1 Single Family Residence, Warehouse Office (Negrete & Kolar Architects, LLP), Auto Repair (Auto 4 TX Mechanic), Office (KHT Chiropractor) North Interstate Highway-35 Office (The Carlson Law Firm), Construction Sales and Services (Tex-Tar Waterproofing, Inc., Brents Tree Service) Single Family Residence PLANNING AREA: North Lamar Area Study TIA: Deferred to the time of Site Plan WATERSHED: Walnut Creek NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Neighborhoods Council Austin Monorail Project Austin Parks Foundation Home Builders Association of Greater Austin Homeless Neighborhood Organization League of Bicycling Voters Northeast Walnut Creek Neighborhood Association North Growth Corridor Alliance Sierra Club, Austin Regional Group Super Duper Neighborhood Objectors and Appealers Organization The Real Estate Council of Austin, Inc. Walnut Creek Neighborhood Association, Inc. Yager Planning Area AREA CASE HISTORIES: NUMBER C14-2014-0100 (12008 Pollyanna Avenue) REQUEST SF-1 to SF-3 COMMISSION 9/16/14: Approved staff’s rec. of SF-3 zoning (4-2, G. Rojas and J. Goodman- No, P. Seeger-absent); S. Compton-1st, R. Mc Daniel-2nd. CITY COUNCIL 10/02/14: Approved SF-3 zoning on consent, 1st reading only (7-0); B. Spelman-1st, M. Martinez-2nd. 11/06/14: Approved SF-3 zoning on consent on 2nd/3rd readings 3 of 20B-4C14-2021-0054 4 C14-2009-0162 (AAA Limousine: 11902 North I.H.- 35 Service Road South Bound) LO to GR* * The applicant amended their request to GR- CO zoning, limiting the property to Automotive Rentals as the only permitted GR district use and all other LR district uses 3/02/10: Approved the staff's recommendation of GR-CO zoning, with Automotive Rentals as the only permitted GR district use, allowing all other LR district uses and the following additional conditions: 1) no 24 hours uses permitted on the site, 2) a 25-foot vegetative buffer along the western property line adjacent to the residential neighborhood, 3) The placement of new trees within the 25-foot vegetative buffer as recommended by the City arborist, and 4) the preservation of tree wells on the site by removing pavement or asphalt within the drip line area for the existing trees on the property (with the City arborist is to sign off on the required area for the tree wells). Vote: 7-0; S. Baldrige- 1st, P. Seeger-2nd. (6-0; B. Spelman-absent); L. Morrison-1st, M. Martinez-2nd. 4/08/10: Approved ZAP Commission rec. of GR-CO zoning (6-0, Cole-off dais), with the following amended conditions agreed to by the applicant: 1) Establish a natural/vegetative buffer with a minimum of eight evergreen or class one or two trees that are utility compatible trees along the western perimeter of the property. 2) Enhance the care and longevity of large oaks. 3) Establish, in the middle of the lot, a natural preserved area that is at least a ten foot radius that will be maintained along the northern and eastern portion from the tree trunks. 4) The natural buffer shall be extended to the property line on the southern and western portions from the tree trunks. 5) In the situation where a ten foot buffer is allowed to be encroached upon (for example: an area used for sidewalk or parking spaces), no canopy and root zone impacts should be allowed. Encroached upon areas should be limited (through the tree permitting process) in a manner where canopy area is not removed and where any ground disturbance is limited to construction above grade. 6) Staff was directed to include a prohibition on auto washing and auto repair as accessory uses in the final ordinance. 5/27/10: Approved GR-CO zoning, with conditions on consent on 2nd/3rd readings (6-0, Spelman- off dais); Morrison-1st, Riley-2nd. 11/05/09: Approved ZAP Commission rec. of CS-CO district zoning on 1st reading, C14-2009-0071 – Arrow A/C LR to CS Approved 10/20/09: staff’s recommendation of CS-CO, making Construction Sales and Services a 4 of 20B-4C14-2021-0054 5 C14-2008-0229 – Walnut Forest Motel GO to GR-CO 1/06/09: ZAP approved GR-CO. The with the following additional permitted uses: auto rentals and auto sales. There was a friendly amendment made by Council Member Riley to prohibit drive through service. Council Member Spelman’s motion, Mayor Leffingwell’s second (5- 2, Morrison and Shade-Nay). 12/10/09: Approved SC-CO zoning (6-0, M. Martinez- absent); 2nd/3rd readings 2/12/09: Approved ZAP Commission rec. of GR-CO zoning (7-0); on all 3 readings conditional use, adding no outdoor storage to the proposed public restrictive covenant, permit all other ‘LR’ district uses, and limit the development intensity on the site to less than 2,000 vehicle trips per day. The public restrictive covenant will state that the applicant will provide signage on the site to prohibit heavy commercial vehicles with a loaded weight limit of 10 tons from entering the site from the Meadowlark Avenue driveway (7-0); G. Bourgeois-1st, P. Seeger-2nd. CO prohibits the following uses: A DRIVE-THROUGH USE AS AN ACCESSORY USE, AUTOMOTIVE RENTALS, AUTOMOTIVE REPAIR SERVICES, AUTOMOTIVE SALES, AUTOMOTIVE WASHING (OF ANY TYPE), BAIL BOND SERVICES, COMMERCIAL BLOOD PLASMA CENTER, COMMERCIAL OFF- STREET PARKING, COMMUNITY RECREATION (PRIVATE), COMMUNITY RECREATION (PUBLIC), CONGREGATE LIVING, CONSUMER CONVENIENCE SERVICES, FOOD SALES, FUNERAL SERVICES, GENERAL RETAIL SALES (GENERAL), GUIDANCE SERVICES, INDOOR ENTERTAINMENT, OUTDOOR SPORTS AND RECREATION, PAWN SHOP SERVICES, RESIDENTIAL TREATMENT AND SERVICE STATION; LIMITING HEIGHT TO 35 FEET, AND LIMITING VEHICLE TRIPS TO 2,000 PER DAY. 1/06/09: Approved staff’s rec. to deny LI zoning (6-1, T. Rabago-No); D. Tiemann-1st, B. Baker-2nd. C14-2008-0214 – Tex-Tar LR to LI-CO (Amended to CS-CO) 2/12/09: Postponed to February 26, 2009 at the neighborhood’s request (7-0) 2/26/09: Approved CS-CO zoning, with Construction Sales and Services as the only permitted CS use and permitting 5 of 20B-4C14-2021-0054 6 C14-05-0085 – Powers 20 GO to CS 11/15/05: ZAP approved LR-CO with conditions of: 2,000 Vehicle trips limit, Prohibit Consumer repair services, Off-site accessory parking, Community recreation (public), Guidance services, Private secondary educational facilities, Printing and publishing, Service station, Financial services, Community recreation (private), Congregate living, Hospital services (limited), Residential treatment, College and university facilities, and Drive-in service use is prohibited as an accessory use to a commercial use. C14-04-0174 – Lyly Fisher’s Rezoning LO to GR 12/07/04: Approved GR-CO, the CO limits the site to Automotive Rentals only and all other LO district uses and 2,000 vtpd (8-0, C. Hammond- ineligible to vote). all other LR uses, on 1st reading only (5-0); S. Cole’-1st, B. McCracken-2nd. 3/26/09: Approved CS-CO zoning on 2nd/3rd readings (7-0); L. Morrison-1st, W. Wynn-2nd. 11/02/06: CC approved LR-CO with conditions of: 2,000 Vehicle trips limit, Prohibit Consumer repair services, Off-site accessory parking, Community recreation (public), Guidance services, Private secondary educational facilities, Printing and publishing, Service station, Financial services, Community recreation (private), Congregate living, Hospital services (limited), Residential treatment, College and university facilities, and Drive-in service use is prohibited as an accessory use to a commercial use. 1/13/05: Approved GR-CO allowing only the following GR district uses: Automotive Rentals, Business Support Services, Consumer Convenience Services, Food Sales, General Retail Sales (Convenience), Personal Improvement Services, Research Services, Restaurant (Limited), Restaurant (General), and a 2,000 vehicle trip limit. (7-0); 1st reading 2/17/05: Approved GR-CO zoning with the following conditions: 2,000 vtpd limit, prohibit the following uses: Automotive Repair Services, Automotive Sales, Automotive Washing, Business or Trade School, Commercial Off-Street Parking, Consumer Repair Services, Exterminating Services, Financial Services, Funeral Services, General Retail 6 of 20B-4C14-2021-0054 7 Sales (General), Hotel-Motel, Indoor Entertainment, Indoor Sports and Recreation, Off-Site Accessory Parking, Outdoor Sports and Recreation, Pawn Shop Services, Service Station, Theater, Community Recreation (Private), Community Recreation (Public), Congregate Living, Guidance Services, Hospital Services (Limited), Private Secondary Educational Facility, Residential Treatment, Bail Bond Services, Printing and Publishing, College and University Facilities 12/03/98: Postponed to 12/10/98 (6-0) 12/10/98: Case withdrawn by applicant C14-98-0149 - Lake Marine RELATED CASES: N/A 10/27/98: Approved staff’s rec. of GR- CO, with a CO for 2,000 vtpd and added the following conditions: 1) Prohibit Automotive Rental, Automotive Repair, Automotive Sales, Automotive Washing, Commercial Off-Street Parking, Exterminating Services, Financial Services, Food Sales, Funeral Services, General Retail Sales-Convenience, Hotel-Motel, Indoor Entertainment, Indoor/Outdoor Sports and Recreation, Medical Offices, Off-Site Accessory Parking, Pawn Shop Services, Personal Improvement Services, Personal Services, Research Services, Restaurant-Drive In-Fast Food, Restaurant-Limited, Restaurant- General, Service Station, and Theater; 2) Limit the site to LO development standards (6-0, Almanza, Rawlins, Heimsath-absent) 7 of 20B-4C14-2021-0054 8 EXISTING STREET CHARACTERISTICS: Name Existing ROW Pavement ASMP Sidewalks Bicycle Classification Route ASMP Required ROW Capital Metro (within ¼ mile) IH 35 SVRD SB Meadow Lark Ave 83’ Defer to TxDOT 20’ Yes Yes Yes 50’ 50’ 13’ Yes No Yes 4 1 OTHER STAFF COMMENTS: Comprehensive Planning This zoning case is located on the northwest corner of the IH 35 service road and Meadow Lark Avenue, on a property that is approximately 0.87 acres in size and has a house on it. This area is not located within the boundaries of a small area plan or along an Activity Center or Corridor, although IH-35 is a major freeway through Austin. Surrounding land uses include single family houses, offices and retail uses to the north; to the south is a law office; to the east is IH-35; and to the west is a single-family subdivision. The proposed use is a food court and retail store. Connectivity: There are no public transit stops, bike lanes or public sidewalks located along this portion of the IH 35 service road or Meadow Lark Avenue. The mobility and connectivity options available in this area are below average and all trips would need to be done by a car. Imagine Austin The property is not located along or near an Activity Center or Corridor. The following Imagine Austin policies are applicable to this case: • LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children. • LUT P7. Encourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities. • HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to healthy food, schools, retail, employment, community services, and parks and recreation options. 8 of 20B-4C14-2021-0054 9 Based on the Imagine Austin polices above and the lack of mobility and connectivity options in this area, this project appears to only partially support policies in the Imagine Austin Comprehensive Plan. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Walnut 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 % of Gross Site Area % of Gross Site Area Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 50% 55% 60% 80% with Transfers 60% 60% 70% 90% 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. At this time, no information has been provided as to whether this property has any ls that preempt current water quality or Code requirements. Fire No comments. Parks and Recreation There are currently no parkland requirements for uses other than residential and hotel. Given that the application is for GR, with proposed uses of food court and general store, there would not be parkland dedication requirements or parkland impacts at the time of site plan or subdivision. 9 of 20B-4C14-2021-0054 Site Plan 10 Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. The site is subject to compatibility standards. Along the west property line, the following standards apply: a. No structure may be built within 25 feet of the property line. b. No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line. c. No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. d. No parking or driveways are allowed within 25 feet of the property line. e. A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. Additional design regulations will be enforced at the time a site plan is submitted. Transportation Water Utility The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient right- of-way for Meadow Lark Avenue and IH 35 SVRG SB, which is deferred to TxDOT. A traffic impact analysis is waived, the determination is deferred to site plan application, when land use and intensity will be finalized. 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. 10 of 20B-4C14-2021-0054 11 INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Correspondence from Interested Parties D. Areas that Adopted Additional Mobile Food Vendor Regulations E. Land Development Code Section 25-2-812 - MOBILE FOOD ESTABLISHMENTS. 11 of 20B-4( ( ( ( ( SF-1 ( ( ( P O O E L E L A N N E R ( ( ( ( C7A-00-003 SF-1 MF-2 RR ( ( ( C14-2018-0019 V Y C R VALLE ( A D E C ( ( ( ( ( ( ( ( ( ( ( ( ( SF-1 ( ( ( ( ( ( ( ( ( ( ( ( ( ( C7A-00-003 ( ( ( ( ( ( ( R D D A E H N A I D N I ( ( E CADDO ST ( ( ( ( ( ( ( SF-1 ( W CADDO ST ( ( ( ( ( ( ( ( W COVINGTON DR ( ( ( ( ( ( ( ( ( C7A-00-003 ( ( ( ( ( ( ( ( ( ( C14-2014-0100 UNDEV 02-0076 SF-1 ( ( ( NO P R E S A D R ( ( ( UNDEV = SF-3 WREN AVE 78-047 SP-04-1108C EQUIP. RENTAL B N 5 3 H I N ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-1 ( ( ( ( C7A-00-003 ( ( = = = ( ( ( ( LO CPA HOMES SALES 84-422 B S D R V S 5 3 H I N LIMO\RENTAL GR-CO C14-04-0174 04-0174 CS GR-CO C14-2009-0162 98-0149 ( ( SF-1 ( ( ( ( ( LO SANDPIPER AVE ( OFFICE ( 85-149 ( ( ( ( ( ( SF-1 ( E V A A N N A Y L L O P ( ( SF-1 ( ( ( ( ( C7A-00-003 LO ! ! ! ! ! ! ! ! SIGN CO. ! ! ! ! ! ! ! ! MEADOW LARK AVE APPLIANCE ( ( ( ( ( SF-1 ( ( ( ( ( REPAIR C14-2009-0071 CS-CO 2009-0071 C14-2008-0214 ( ( ( SF-1 ( ( ( ( ( ( ( ( ( ( ( ( ( SF-1 ( ( ( C7A-00-003 ( R D D A E H N A I D IN ( SF-1 ( ( ( ( ( ( ( E SCURRY ST SF-1 ( ( ( ( ( SF-1 ( ( ( ( ( ( R D D O O W ( K OA ( ( ( ( ( ( SF-2 9 4 5-1 8 NP-2010-0026 NO ( SF-3 ( NO C14-01-0176 ( ( ( ( ( ( ( E V A G N WI E T I H W ( ( ( ( ( ( ( ( SF-1 ( 85-149 ( ( ( ( ( SF-1 ( E V A A N N A Y L L O P ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( LR ( ( GO L E T O M TH R LR USH AVE ( ( P ( ( ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY P M A R B S 5 3 H I O T R E P I P D N A S P M A R D O O W Y R R E B O T B N 5 3 H I N ( ( ( SF-2 ( ( R D S K A O H T R O N ( ( ( 84-398 84-110 E COVINGTON DR ( 05-0085 ( LR-CO C14-05-0085 ( ( C7A-00-003 B S 5 3 H I N GR-CO C14-2008-0229 2008-0229 OFFICE LO WHSE CS REST. EQUIP GR SP-01-0222CR ZONING ZONING CASE#: C14-2021-0054 LI P ( ( ( EXHIBIT A ( SF-2 ( ( ( WALNUT CREEK DR ( ( ( ( ( ( SF-2 ( ( SF-2 ( MONTERREY PL ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( RIVER OAKS DR ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( SF-2 ( R N D E V A E H V O D ( ( ( ( ( ( ( ( ( ( ( D R N E V A H K A O ( ( ( SF-2 ( C7A-05-002 20051103-010 ( ( ( ( ( ( ( ( ( V N C E V A K H A O ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( R L D G HIL RIN P S ( ( ( ( ( ( ( ( R L D G HIL RIN P S ( ( ( ( ( ( SF-2 ( ( ( ( RIV E R O A K ( ( S T R L ( ( SF-2 ( ( ( ( RID D LE ( SF-2 ( W O O D D R ( ( ( ( ( ( ( DR ( ( ( ( B N D R V S 5 3 H I N ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( BERRYW OOD DR ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( L R T K A O ( ( ( ( ( MF-2 P L A Z A D R ( 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 ! ! ! ! ! ! ( ! ! ( ! ! ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( R ( TRINITY HILL D ( ( ! ( ! ! ( ! ( ! ! DR ! ! ( ! ! ! ( ! SF-2 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( C14-2017-0100 ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Created: 4/5/2021 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 12 of 20B-4EXHIBIT B B N D R V S 5 3 H I N SF-2 BERRYWOOD DR SF-2 O T B N 5 3 H I N D O O W Y R R E B Copyright nearmap 2015 P M A R SF-1 E V A A N N A Y L L O P SF-1 LO C14-2021-0054 M32 B S 5 3 H N I B N 5 3 H I N B S D R V S 5 3 H I N O T R E P I P D N A S P M A R B S 5 3 H I MEADOW LARK AVE SF-1 CS-CO ± 1'' = 100' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 11700 N IH 35 ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0054 11700 N IH 35 SERVICE ROAD SB .8678 Acres M32 Sherri Sirwaitis 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. 13 of 20B-4EXHIBIT C From: To: Cc: Subject: Date: Importance: David Negrete Sirwaitis, Sherri Diana Negrete C14-2021-0054 Thursday, April 29, 2021 5:52:59 PM High *** External Email - Exercise Caution *** Ms. Sirwaitis I accessed the application and I don’t see a place for those so inclined to protest against the proposed change If email to you is the forum then I want to register my opposition to the proposed change. As General Retail, this site does not have direct or safe access to a major roadway. Additionally, we are well aware of the upcoming TXDOT improvement fronting this unique block facing I 35. A discussion with TXDOT engineers during the public notice phase conducted at Connally High School in 2019 brought to light the inadequate turning radius from the TXDOT Service frontage road to the parallel private drive from sandpiper to meadowlark. We have no indication if TXDOT is addressing this or has chosen to ignore it. It simply will not be feasible to widen the TXDOT roadway and new sidewalk and still make the hairpin turn onto the parallel private drive without doing something at the two corner properties. Failure to do so will ultimately result in an accident prone and unsafe access to the private drive including onto Meadow Lark and Sandpiper. The application of General Retail will only compound congestion and unsafe conditions.0 Additionally if this GR designation allows food preparation as so many convenience locations are now doing, that is another reason for protesting the proposed change in zoning. We redeveloped the adjacent property at 11720 N. IH 35 as an LO compliant office with the premise that all properties within the subject block would as well have to conform to such zoning and use of property. Any high volume traffic, and food preparation operation between Meadow Lark and Sandpiper is detrimental to the use of our property and harmful to our long term property value as a Professional Office location as defined by the LO designation. If there is another forum for protesting this application, please advise me accordingly 14 of 20B-4Regards David Negrete AIA NEGRETE & KOLAR ARCHITECTS LLP __________________________________________________ 11720 N. IH 35 Austin, Texas 78753 TEL. 512.474.6526 Ext 306 Cell 512.461.8810 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 cybersecurity@austintexas.gov. 15 of 20B-4D R 1 3 4 1 M F B L V D K E E R C P U C R E T T U B D R K E E R C S S E R P Y C SLAKELIN E B L V D S B E L L B L V D 0 R D 2 N F M 6 L D R L 0 R D S B L I N E M A E K A L 2 N F M 6 N F M 6 2 0 R D NB W P A R M E R L N ANDERSON MILL RD Anderson Anderson Mill NA Mill NA 6 R I N G S R D P S D O O R E S Summit Oaks Sec 2 NA A E R C E W PIC S L D R M C N E I H BLV J O L L Y D N B V I L L E R D S M A Y S S T G R E E N L A W N B L V D GATTIS SCHOOL RD I L N K S L N EXHIBIT D N L N A M L I E K R D R O N N O C O S N F M 6 2 0 R D D EIL R C N M R D 1325 F M D R T E N R U B V I S I O N D R W P E C A N S T E P E C A N ST D R 5 8 6 M F E P FL U G E R VILL E P K W Y Harris Branch Master Association, Inc. FM 2769 RD D R 0 2 6 M F N N F M 6 2 0 R D D V L B E C A L P R E RIV F M 2 2 2 2 R D Northwest Austin CA 10 W P A R M E R L N Raintree Estates Summit Oaks NA D U VAL R D 7 T H E R M A L D R D B L V TRIC E M D V L R B A M A N L Walnut Creek NA T E C H R I D G E B L V D D U R A S S E D E P A R M E R L N Windsor Hills NPA E B RA K E R LN D LV RIC B T E M W B R A K E R L N North Lamar Combined NPA North Shoal Creek NPA H B LV D R T E N R U B R E S E A R C Wooten NPA D S B W R U N D B E R G LN Heritage Hills NPA N LA M A R BLV D W A N D E R S O N LN Brentwood NA W K O E NIG LN A I R P O R T B L V D D U R A S S E D 4 D N R O R E M A C S F M 6 2 0 BEECAVE R D PK W Y 4 R D 4 2 F M 2 S O UTH W EST PK W Y R D K N B E E C W ESTB A A V E S R D Oak Hill Combined NPA Highland NA Colony Park/Lakeside N.A. Allandale NA W 35THST Rosedale NA B U R N E T R D D LV B R A M LA N ST E P U L A D A U G T S R E RIV D E R Windsor Park NPA 9 Pecan Springs - A M Springdale NA O N D R R E DEAN KEETON ST E D B L U E S T E I N B L V D N B Coronado Hills NA University Hills NPA 1 Zilker NA W 5TH ST W 15TH ST T A S C A V A L E 12TH ST E 8TH ST E 5TH ST T T S S S 1 S LAMAR BLVD W OLTO RF S T E M A R T I N L U T H E R K I N G J R B L V D A I R P O R T B L V D D R LE A D G RIN P S Martin Luther King Jr. NA Stonegate NA E7TH ST East Riverside/Oltorf Combined NPA South River City CA 3 B D S LV EIN B T S E U L D B E Montopolis NPA N L R E K C E D F M 9 6 9 R D D 3 R 7 M 9 N F N FM 973 RD F M 9 6 9 R D G IL B E R T R D RD 1826 M F South Austin Combined Neighborhood Plan EWILLIAM CANNON DR B U R L E S O N R D Berdoll/Meadows at Berdoll Community 8 LN DIE O R B W S L A U G H T E R L N E V S A S E R G N O S C South Manchaca E S TA S S N E Y L N B U RLE S O N R D Los Arboles HA 2 B V D S L A M A R B S L D A R C Dawson NPA A H C N E M W BEN WHITE BLVDWB Westgate NPA Garrison Park NPA D A R C A H C N E M 5 B R O D E I L N M A N C H A C A R D W F M 1 6 2 6 RD E FM 1626 RD E SLAUGHTER LN S 1 S T S T C A S C A D E S A V E D R 3 7 9 M F S D S F M 9 7 3 R F M 812 R D D R 3 7 9 M F S D 5 R 2 6 M 1 F F M 8 1 2 R D F M 1 3 2 7 R D F M 8 1 2 R D Areas that Adopted Additional Mobile Food Vendor Regulations 2020 D R 6 2 6 1 M F N FM 967 RD TURNERSVILLE RD FM 967 RD F M 1327 R D O LD L O C K H A R T R D Council Districts Areas that adopted the Additional Regulations This product has been produced by the City of Austin Housing and Planning Department 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. No warranty is made by the City of Austin regarding specific accuracy or completeness. FM 2001 RD S F M 1 6 2 6 R D F M 2 7 7 0 R D City of Austin Housing and Planning Department March 2021 mobilefoodvendor_regulations_map.mxd F 1 inch = 3,500 feet D R 5 2 6 1 M F D E R L VIL S R E N R U T 16 of 20B-4EXHIBIT E § 25-2-812 - MOBILE FOOD ESTABLISHMENTS. (A) In this section: (1) PERMIT HOLDER means the person to whom the health authority issues a permit for a mobile food establishment permit required by Chapter 10-3 (Food and Food Handlers) of the City Code. (2) MOBILE FOOD ESTABLISHMENT has the meaning established in Title 25, Part 1, Section 229.162 (Definitions) of the Texas Administrative Code and Section 10-3-1 (Definitions) of the City Code. (3) SOUND EQUIPMENT has the meaning established in Section 9-2-1 (Definitions) of the City Code. (B) A mobile food establishment is not permitted on private property except as provided in this section. (C) A mobile food establishment: (1) must be licensed by the health authority; (2) is permitted in all commercial and industrial zoning districts, except in a neighborhood office (NO), limited office (LO), or general office (GO) zoning district; (3) may not be located within 50 feet of a lot with a building that contains both a residential and commercial use; (4) may not operate between the hours of 3:00 a.m. and 6:00 a.m.; and (5) may not be located within 20 feet of a restaurant (general) or restaurant (limited) use. (D) The noise level of mechanical equipment or outside sound equipment used in association with a mobile food establishment may not exceed 70 decibels when measured at the property line that is across the street from or abutting a residential use. (E) A drive-in service is not permitted. (F) Exterior lighting must be hooded or shielded so that the light source is not directly visible to a residential use. (G) A mobile food establishment is limited to signs attached to the exterior of the mobile food establishment. The signs: (1) must be secured and mounted flat against the mobile food establishment; and (2) may not project more than six inches from the exterior of the mobile food establishment. 17 of 20B-4(H) During business hours, the permit holder shall provide a trash receptacle for use by customers. (I) The permit holder shall keep the area around the mobile food establishment clear of litter and debris at all times. (J) A permanent water or wastewater connection is prohibited. (K) Electrical service may be provided only by: (1) temporary service or other connection provided by an electric utility; or (2) an onboard generator. (L) A request that the city council require a mobile food establishment in a neighborhood association area to comply with the additional distance requirements set forth in Subsection (N) may be made in accordance with this subsection. (1) The following persons may submit an application to the director requesting that the city council require mobile food establishments in a neighborhood association area to comply with Subsection (N): (a) for an area with an adopted neighborhood plan: (i) the chair of the official planning area contact team; or (ii) an officer of a neighborhood association if there is no official planning area contact team; or (b) for an area without an adopted neighborhood plan, an officer of a neighborhood association. (2) The director shall accept an application made under this subsection during February of each year. The council shall consider the applications annually. (3) Notice in English and Spanish of a public hearing on the application by the council is required. The City is responsible for the cost of the notice. The director shall give notice not later than the 16th day before the date of the public hearing by: (a) publishing notice in a newspaper of general circulation; and (b) mailing notice to: (i) each mobile food establishment licensed by the health authority; and (ii) each registered neighborhood association. (4) The director shall maintain a map that depicts the areas to which Subsection (O) applies. 18 of 20B-4(5) A neighborhood association must be registered with the Public Information Office of the City. (M) The requirements of Subsection (N) may be added to an ordinance zoning or rezoning property as a neighborhood plan combining district in accordance with Section 25-2- 1406 (Ordinance Requirements). (N) The subsection establishes additional distance requirements that may be applied under Subsections (L) or (M). (1) A mobile food establishment may not be less than 50 feet from property: (a) in a SF-5 or more restrictive district; or (b) on which a residential use permitted in a SF-5 or more restrictive district is located. (2) A mobile food establishment may operate between 6:00 a.m. and 10:00 p.m. if the mobile food establishment is more than 50 feet and not more than 300 feet from a property: (a) in a SF-5 or more restrictive district; or (b) on which a residential use permitted in a SF-5 or more restrictive district is located. (3) A mobile food establishment may operate between 6:00 a.m. and 3:00 a.m. if the mobile food establishment is more than 300 feet from a property: (a) in a SF-5 or more restrictive district; or (b) on which a residential use permitted in a SF-5 or more restrictive district is located. (O) A mobile food establishment must comply with Subsection (N) not later than the 60th day after the effective date of an ordinance adopted under Subsection (L) or (M). (P) This subsection applies to a mobile food establishment that is located on the same site as a restaurant (limited) or restaurant (general) use and serves food provided by the restaurant (limited) or restaurant (general) use. The mobile food establishment: (1) may only operate between the hours of 6:00 a.m. and 10:00 p.m. if the mobile food establishment is located 300 feet or less from property in a SF-5 or more restrictive district or on which a residential use permitted in a SF-5 or more restrictive district is located; and (2) must comply only with Subsections (D), (F), (G), (H), and (I). (Q) This ordinance does not apply to a mobile food establishment that is located on private property for three hours or less between the hours of 6:00 a.m. and 10:00 p.m. 19 of 20B-4(R) A site plan, site plan exemption, or temporary use permit is not required for the operation of a mobile food establishment. (S) The permit holder shall comply with the section. A violation of this section is a Class C misdemeanor. Source: Ord. 20060928-020; Ord. 20080131-134; Ord. 20110623-135; Ord. 20110804-008. 20 of 20B-4