B-05 (C14-2021-0142 - Perfect Cuts Landscaping; District 6).pdf

Zoning and Platting Commission – Jan. 18, 2022

B-05 (C14-2021-0142 - Perfect Cuts Landscaping; District 6).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0142 (Perfect Cuts Landscaping) DISTRICT: 6 ADDRESS: 13561 Pond Springs Road ZONING FROM: GR-CO TO: CS-MU-CO* *The applicant submitted an amendment letter on September 13, 2021 stating that they would add a conditional overlay to this request to maintain some of the prohibited uses and the 50- foot vegetative buffer along the eastern property line from the current zoning ordinance for this property (Please see Applicant Amendment Letter - Exhibit C). SITE AREA: 1.772 acres PROPERTY OWNER: PC Land, LLC (Brandon Krause) AGENT: Husch Blackwell LLP (Nikelle Meade) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: The staff’s recommendation is to grant GR-MU-CO, Community Commercial-Mixed Use-Conditional Overlay Combining District, zoning with the following conditions proposed by the applicant: 1) provide a 50-foot vegetative buffer along the eastern property line, 2) comply with Compatibility Standards (LDC Section 25-2, Article 10) for the residential properties to the east, 3) to prohibit the following uses: Automotive Repair Services, Automotive Rentals, Automotive Sales, Automotive Washing (of any type), Drop-Off Recycling Collection Facility, Exterminating Services, Outdoor Sports and Recreation, Pawn Shop Services, and Service Station, 5) to make Restaurant (General) and Restaurant (Limited) conditional. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: December 7, 2021: Meeting canceled due to lack of quorum. January 4, 2022: Postponed to January 18, 2022 at the staff's request (10-0, T. Bray – Off the Dais); A. Denkler-1st; H. Smith – 2nd. January 18, 2022 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 39B-5C14-2021-0142 ISSUES: 2 This property was owned by Velda B. Wyche in 2014 when the previous zoning case for the plant nursery uses was conducted. PC Land, LLC purchased this property in 2016 and moved to this location from West Anderson Lane. It appears that the ownership and the use have changed and the property is no longer in conformance. According to the Austin Code Department, the applicant was originally cited on April 9, 2019 because a two-story building was being constructed on the property without a permit (Please see Notices of Code Violations – Exhibit E). CASE MANAGER COMMENTS: The property in question is currently utilized as a landscaping company (Construction Sales and Services use). This site was developed with a plant nursery use (Hill Country Garden Center) that was in existence when this tract of land was annexed by the City of Austin in 1998 (Ordinance No.19981210-L). The applicant is requesting CS-MU-CO, General Commercial Services-Mixed Use-Combining District, zoning to bring the current use on the property into conformance with land use regulations in the City of Austin Land Development Code. The staff is recommending GR-MU-CO, Community Commercial-Mixed Use-Conditional Overlay Combining District, zoning. The proposed location meets the intent of the GR zoning district as the property fronts onto a minor arterial roadway, Pond Springs Road. GR- MU-CO zoning is consistent with zoning patterns in this area as there is GR-CO zoning to the north and west of this site. The property under consideration is surrounded by office/warehouse uses to the north (Springwoods Center), an automotive sales/repair use to the west (Nyle Maxwell Automotive Sales and Collision Center), single family residences to the east and a large water tower to the south, across Shady Oaks Drive. The staff’s recommendation will maintain the list of prohibited uses, compliance with Compatibility Standards and the 50-foot wide vegetative buffer along the eastern property line adjacent to the existing residential uses in the county from the existing zoning ordinance (Please see Ordinance No. 20150112-057 - Exhibit D). The applicant does not agree with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. 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. Mixed Use combining district is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. 2 of 39B-5C14-2021-0142 3 Conditional Overlay 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. 2. The proposed zoning should promote consistency and orderly planning. The GR-MU-CO zoning district would be compatible with the surrounding uses because there are existing office/warehouse uses to the north (Springwoods Center), an automotive sales/repair use to the west (Nyle Maxwell Automotive Sales and Collision Center) and a large water tower to the south of the proposed site. GR-MU-CO zoning is appropriate along this minor arterial roadway and it is consistent with the other GR-CO zoned properties to the north and west. This site does not meet the intent of the CS district as it is not located at a major intersection and the property in question backs up to residential uses to the east. 3. The proposed zoning should allow for a reasonable use of the property. The GR-MU-CO zoning district would allow for a fair and reasonable use of the site that is located on a minor arterial roadway at the entrance to an established single family neighborhood. The staff supports the addition of the ‘MU’ combining district as this would allow for new residential development in this area. The Mixed Use Combining district will permit the applicant to develop a mixture of residential, civic and commercial uses on this property. EXISTING ZONING AND LAND USES: ZONING LAND USES Site GR-CO North GR-CO South East West I-RR County GR-CO Construction Sales and Services (Perfect Cuts Landscaping) Office/Warehouse (Springwoods Center) Water Tower Single Family Residences Automotive Sales/Repair (Nyle Maxwell Automotive Sales and Collision Center) NEIGHBORHOOD PLANNING AREA: N/A TIA: Not Required WATERSHED: Lake Creek 3 of 39B-5C14-2021-0142 4 NEIGHBORHOOD ORGANIZATIONS: Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Association of SW Williamson County Neighborhood Empowerment Foundation SELTEXAS Sierra Club, Austin Regional Group SCHOOLS: Round Rock I.S.D. AREA CASE HISTORIES: NUMBER C14-2014-0154 (13561 Pond Springs) REQUEST COMMISSION I-RR to GR-CO 10/21/14: Approved GR-CO CITY COUNCIL 11/20/14: Approved GR-CO zoning on consent on 1st reading only (7-0) 2/12/15: Approved GR-CO zoning on consent on 2nd/3rd readings (11-0); A. Kitchen-1st, S. Gallo-2nd. zoning, with the following conditions proposed by the applicant: 1) provide a 50-foot vegetative buffer along the eastern property line, 2) comply with Compatibility Standards (LDC Section 25-2, Article 10) for the residential properties to the east, 3) to prohibit the following uses: Automotive Repair Services, Automotive Rentals, Automotive Sales, Automotive Washing (of any type), Drop-Off Recycling Collection Facility, Exterminating Services, Outdoor Sports and Recreation, Pawn Shop Services, and Service Station, 5) to make Restaurant (General) and Restaurant (Limited) conditional uses and 4) to limit development on the site to no more than 2,000 vehicle trips per day; on consent (5-0, P. Seeger and R. McDaniel-absent); C. Banks-1st, B. Baker-2nd. 12/18/12: Approved the staff’s recommendation of CS-CO zoning on consent (6-0, R. McDaniel-absent); P. Seeger-1st, G. Rojas-2nd. C14-2012-0129 (Public Storage: 13685 North U.S. Highway 183) GR-CO to CS 1/17/13: Approved CS-CO zoning by consent on 1st reading (6-0, L. Leffingwell- absent); B. Spelman- 1st, L. Morrision-2nd. 3/07/13: Approved CS-CO zoning by consent on 2nd/3rd readings (7-0); B. Spelman-1st, S. Cole-2nd. 4 of 39B-5C14-2021-0142 5 C14-2012-0095 (Anderson Mill @ Pond Springs Road: 13427 Pond Springs Road) GR-CO to CS 9/27/12 : Approved CS-CO zoning on consent on 1st reading (7-0); B. Spelman-1st, S. Cole-2nd. 10/18/12: Approved CS-CO zoning on consent on second/third readings (6-0, S. Cole-off dais); B. Spelman-1st, C. Riley-2nd. 9/18/12: Approved staff’s recommendation of CS-CO zoning, with conditional overlay to prohibit Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing (of any type), Agricultural Sales and Services, Campground, Drop-off Recycling Collection Facility, Kennels, Laundry Services, Monument Retail Sales, Plant Nursery, Vehicle Storage, and Commercial Blood Plasma Center uses and limit development to the already existing conditional overlay approved with the original zoning case (C14-06-0066) which limits the number of trips generated by the subject tract as well as the original tract, by consent (4-0, G. Rojas, P. Seeger-absent) recommendation of GR-CO, w/ CO to limit site to 2,000 vtpd, by consent (8-0, T. Rabago-not yet arrived); J. Martinez-1st, J. Pinnelli-2nd. 9/20/05: Approved GR-CO for Tract 1 and CS-1-CO for Tract 2, prohibit on-site consumption, limit to 2,000 vehicle trips per day (9-0) 10/28/03: Approved staff’s recommendation of GR-CO zoning, w/ CO to limit site to 2,000 vtpd, by consent (8-0, J. Martinez-absent 8/12/03: Approved staff’s recommendation of GR-CO zoning, w/ CO to limit site to 2,000 vtpd, by consent (9-0) 1/28/03: Approved GR-CO zoning, prohibit all Automotive uses [Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing (of any type)] (6-0, K. C14-06-0006 (Training Room Sports, LLP: 13713 Research Boulevard or 12611 Hymeadow Drive) C14-05-0143 (Quality Liquors: 13290-A Pond Springs Road) C14-03-0145 (Heritage Center Northwest-Block 2, Lot A: 13695 Research Boulevard) Tract 1: I-RR to GR, Tract 2: I-RR to CS-1 I-RR to GR C14-03-0104 (Maxwell Auto Group: 13573 U.S. HWY 183 North) I-RR, SF-2, GR, CS to GR-CO SF-2 to GR C14-02-0196 (Woodrow Lee Subdivision Rezoning: 10117 Lake Creek Parkway) GR, I-RR to GR 2/21/06: Approved staff’s 3/23/06: Approved GR-CO zoning by consent (7-0); all 3 readings 10/27/05: Approved GR-CO zoning for Tract 1, CS-1-CO zoning for Tract 2 by consent (6-0, Alvarez-off dais); all 3 readings 11/20/03: Granted GR-CO (6-0, Goodman- off the dais); all 3 readings 9/25/03: Granted GR-CO (7-0); all 3 readings 2/27/03: Granted GR-CO on all 3 readings (6-0, Goodman-out of room) 5 of 39B-5C14-2021-0142 6 C14-02-0059 (Pond Springs Road Rezoning: 13498 Pond Springs Road) I-RR to GR 7/11/02: Approved ZAP recommendation of GR-CO with conditions (7-0) Jackson, J. Martinez -off dais, J. Donisi-absent) 6/04/02: Approved staff’s recommendation of GR-CO zoning on consent, with 2,000 vtpd limit and added condition prohibiting the following uses: Automotive Rentals, Automotive Repair Services, Automotive Sales, and Automotive Washing (8-0, K. Jackson-absent) 12/11/01: Approved staff’s recommendation of CS-CO zoning (7-0, A. Adams-absent); the CO is for the following conditions: 1) Limit the site to Convenience Storage as the only CS use, 2) Allow all LR uses with the exception of a Service Station, 3) Limit the site to a maximum building height of 45 feet, and 4) Limit the development intensity to less than 2,000 vehicle trips per day. 11/27/01: Approved staff rec. of GR-CO zoning by consent (8-0, DC- absent); CO limits the development intensity to less than 2,000 vehicle trips per day. 7/25/00: Approved staff rec. of GR-CO w/height limit of 35 ft. (7-1, BB-Nay) 1/17/02: Approved CS-CO on all 3 readings (6-0, Wynn out of room) 1/10/02: Approved GR-CO on all 3 readings (6-0, Goodman out of room). 8/24/00: Approved GR-CO zoning, with a conditional overlay to limit the site to 2,000 vtpd, limit the building height to 35-feet provide a 30-foot undisturbed buffer along the eastern property line and have a 75-foot building setback along and adjacent to the eastern property line (7-0); all 3 readings CS-CO to CS-CO C14-01-0165 (Chris D. Jones: Approximately 400 feet northeast of the intersection of Anderson Mill Road and U.S. Hwy 183 North) C14-01-0155 (13553 U.S. HWY 183 North) I-RR to GR C14-00-2105 (13581 Pond Springs Road) I-RR to GR RELATED CASES: C14-2014-0154 – Previous Zoning Case 6 of 39B-5C14-2021-0142 7 EXISTING STREET CHARACTERISTICS: Name ROW Pavement Classification Sidewalks Bicycle Route Pond Springs Road Shady Oaks Drive 102’ – 106’ 86’ 46’ 38’ Level 3 Yes Bike Lane Level 1 No None Yes Capital Metro (within ¼ mile) Yes OTHER STAFF COMMENTS: Comprehensive Planning This zoning case is located on the northeast corner of Pond Springs Road and Shady Oaks Road, which contains a landscaping business with an office that is situated on a 1.77 acre parcel. The property is located approximately a half of a mile from the Lakeline Station Regional Center; 800 feet from the IH-35 frontage road; 1,550 feet from Anderson Mill Road; and is not located within the boundaries of a small area plan. Surrounding land uses include a single-family subdivision and an office center with a storefront church; to the south is a used car lot and an auto collision repair shop; to the east is a water tower; and to the west is an office center with a storefront church, and a Montessori school. Request: Upzone the property from GR-CO to CS-MU, continue the existing landscaping business use with the option of building multifamily on the property. Connectivity There is a public sidewalk located along one side of this portion of Pond Springs Road and unprotected bike lanes situated along both sides of this street. Shady Oaks Lane does not have any public sidewalks, curbing or bike lanes. The closest public transit stop is located approximately 0.50 miles from the subject property. A park is also located approximately 0.50 miles from the property. This area contains a variety of offices, retail and auto serving commercial, civic (churches and a private school) and residential uses. Mobility and connectivity options in this area are fair. Imagine Austin This area is not located along an Activity Corridor or Center but is located a half of a mile from a Regional Center. IH-35 and Anderson Mill Road are located within walking distance to this property. The following Imagine Austin policies are applicable to this case: • LUT P3 Promote development in compact centers, communities or along corridors that are connected by roads and transit, are designed to encourage walking and bicycling, and reduce healthcare, housing and transportation costs. 7 of 39B-5C14-2021-0142 8 • 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 schools, retail, employment, community services, and parks and recreation options. Based on comparative scale of the site relative to other office, commercial and residential uses located along this portion of Pond Spring Road, the nearby major arterial corridors, and the policies above, this project supports policies in the Imagine Austin Comprehensive Plan. Environmental The site is located over the North Edwards Aquifer Recharge Zone. The site is in the Lake Creek Watershed, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. It 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 with Single-Family Residential (min. lot size 5750 sq. ft.) One or Two Family Residential (lot size < 5750 sq. ft.) Multifamily Residential Commercial 45% 55% 60% 65% Transfers 50% 60% 65% 70% 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. 8 of 39B-5C14-2021-0142 Parks and Recreation 9 There are currently no parkland requirements for uses other than residential and hotel. Given that the application proposes plant nursery and office as uses, there would not be parkland dedication requirements or parkland impacts at the time of site plan or subdivision. If, however, residential uses are later contemplated with the –MU designation, then parkland dedication will be required for any new residential units proposed by such development at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. Site plans will be required for any new development other than single-family or duplex residential. 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. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A traffic impact analysis shall be required at the time of site plan if triggered per LDC 25-6- 113. Site Plan Transportation Water Utility 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. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information 9 of 39B-5C14-2021-0142 10 pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. 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 B. Aerial Map C. Applicant’s Amendment Letter D. Current Zoning Ordinance No. 20150112-057 E. Notices of Code Violations F. Comments Received 10 of 39B-598-0271 GR C14-98-0271 I-SF-2 I-SF-2 C O P P E R C R E E K D R I-RR D A L E W O O D D R EXHIBIT A L A N D D R W O O D V A L E D R CS-1-CO C14-06-0006 C14-2017-0072 06-0006 S P 9 6 - 0 1 8 3 C GR 8 1 - 0 1 0 H Y M E A D O W D R 1 1 0 - 8 9 C 7 A - VACANT\RETAIL P O N D W O O D S R D HOTEL I-RR RESTAURANT C14-03-0145 GR-CO C14-99-0020 99-0020 C14-2012-0129 01-0165 CS-CO RESTAURANT C14-2016-0009 C7A-98-008 GR 8 6 - 1 3 1 LO E F M O L A E 7 7 D I C F I C 7 8 -0 GR 2 6 1 - 1 F. D 8 F L O B G . LO I-RR N M E D H I D ( C14-96-0022 R W D O D A E GO-CO C7L-98-005 GR-CO C14-2007-0170 ( SF-2 DAY ST LR CARE I-SF-2 ( ( ( LO F . M E D . O F 82-97 SF-2 OFF. ( ( ( ( I-SF-2 AUT O\SA L ES SPA GIFT ( ( FURN\SALES C14-2008-0224 C14-2010-0009 GR-CO GO-CO C14-05-0043 H I D D E N M E A D O W T O N N U S 1 8 3 1 8 3 S B R A M P H W Y S V R D S B N U S 1 8 3 N B T O P O N D N U S 1 8 3 S P G R A M P H W Y N B I-RR 05-0043 ( ( 93-0033 LO 7 9 - 1 2 7 R C 7 9 - 1 2 7 7 9 - 2 3 4 A U T O 7 9 - 2 3 4 90 -0 5 1 R E P A I R 7 9 - 0 1 0 1 5 - 0 9 7 9 - 1 0 ( SF-2 ( N O I S L L ( ( ( SF-2 ( ( ( SF-2 ( C A L D W E L L D R ( ( SHOPPING CENTER GR 96-0440cs APARTMENTS ( ( ( ( ( N E W B E R R Y D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( S H A D Y O A K S D R C14-99-0019 SP-99-2205C HOTEL OFFICE I-RR ( R U C T I O N ) L P O N D E R C O N T S R E G I O N A ( U N D OFFICE/ WHSE C O N V S T R . SF-2 7 7 - 7 9 I-SF-2 SP-01-0339C 98-0086 C14-98-0086 7 9 - 1 6 4 DAY CARE PARK C14-00-2105 C7A-98-008 00-2105 GR-CO UNDEV ! ! ! ! C14-2014-0154 ! ! ! ! ! ! ! ! ! ! !! ! ( ! ! R Y E R S ! ! ! ! ! L P ! A N T N U ! ! CITY WATER TOWER GR-CO C14-03-0104 AUTO DEALERSHIP C7A-98-008 I-RR ( S H A S T ( ( A L N ( ( ( ( ( S H A D Y O ( A K T E R ( ( ( ( ( PLANT\CONTRACTOR ( ( ( 85-229 GR R E T A I L I N S . C O . CS N U S 1 8 3 8 5 - 3 6 5 H W Y S V R D N B GR AUTO DEALERSHIP I-RR 01-0155 AUTO DEALERSHIP C14-01-0155 GR-CO C14-02-0059 02-0059 OFFICE I-SF-2 C7a-05-014 I-RR 00-2054 I-RR P O N D S P R I N G MINI-STO RAG E S R D ( ( E D D Y S T O N E S T R A I N B O W C T CS-CO C14-2012-0095 CS-CO C7a-05-014 20051201-022 C14-06-0066 RETAIL GR-CO L O N G V A L E D R P A R K L A N D D R PUBLIC MINI-STO RAGE W/LO-CO 1 6 0 - 0 0 2 RETAIL I-SF-2 C14-2019-0001 GR-MU 02-0020 LR-CO C14-02-0020 VACANT L R D L 00-2244 ( A N D E R S O N M I 97-0148 GR-CO CS-CO 9 C 1 3 C14-01-0165 S P - ! - 0 1 0 ! C14-2014-0059 ! CS-1-CO 03-0180 7 8 - 1 6 2 RETAIL\CENTER GR C14-03-0180 GR-CO LI-CO 9 9 - 0 1 3 7 3 C 1 0 0 - 6 0 S P - 98-0272 LR C14-98-0272 C14-05-0192 C14-2010-0028 ( W I ( T H D R A W N OFFICE/\RETAIL S E R V I C E \ S T A T I O N I-SF-2 OFFICE/\RETAIL S C H O O L GR-CO C14-2015-0120 SP-02-0049C 02-0002 99-0036 COMM.\SERVICES\FACILITY F I C E O F I-RR C14-99-0036 GR-MU MF-2 C14-99-0036 S E R V I C E \ S T A T I O N GR-CO C14-00-2200 CS-1-CO 99-0036 ZONING ZONING CASE#: C14-2021-0142 N U S 1 8 3 H W Y S B P E T C L I N I C 78-159 80-220 8 3 - 1 5 4 I-SF-2 LR R E S T . 8 1 - 0 8 8 SF-2 9 2 - 2 9 C14-2008-0234 DR S H O P P I N G C E N T E R 84-069 CS-1 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY LO-CO C14-2007-0191 ± This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 9/10/2021 11 of 39B-5GR CS-CO EXHIBIT B N E W B E R R Y D R L O N G V A L E D R S O H A A K D T Y E R E D D Y S T O N E S T I-SF-2 P O N D S P R I N G S R D I-RR Copyright nearmap 2015 I-RR S H A S T A L N GR-CO P O N D S P I-SF-2 SF-2 R I N G S R D C14-2021-0142 R S D K A G38 A H S Y O D I-RR GR-CO I-RR GR-CO I-RR GR N U S 1 8 3 H W Y CS S V R D N B GR N H W Y U S 1 N B 8 3 ± 1'' = 200' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER PERFECT CUTS LANDSCAPING ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0142 13561 Pond Springs Road 1.772 Acres G38 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. 12 of 39B-5EXHIBIT C Nikelle S. Meade Partner 111 Congress Avenue, Suite 1700 Austin, Texas 78701 Direct/Mobile: 512.992.6001 nikelle.meade@huschblackwell.com September 13, 2021 VIA EMAIL – sherri.sirwaitis@austintexas.gov Sherri Sirwaitis City of Austin Housing and Planning Department 1000 E. 11th Street Austin, Texas 78702 Dear Sherri: Re: Amendment to Zoning Application – C14-2021-0142; 13561 Pond Springs Road By this letter I am amending the above-referenced application. Rather than CS-MU, we are hereby requesting CS-MU-CO with the following conditions: 1. A 50-foot wide vegetative buffer shall be provided and maintained along and adjacent to the eastern property line. Improvements permitted within the buffer zone are limited to drainage, underground utility improvements or those improvements that may be otherwise required by the City of Austin or specifically authorized in this ordinance. 2. The following uses are prohibited uses of the Property: Auto Repair Auto Rental Auto Sales Drop-off Recycling Exterminating Services Outdoor Sports and Recreation Pawn Shop Services Service Station Please let me know if anything further is needed from me to codify this request. Thank you. Sincerely, Nikelle S. Meade HB: 4820-3051-8010.1 13 of 39B-5ORDINANCE NO. 20150212-057 EXHIBIT D AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 13561 POND SPRINGS ROAD FROM INTERIM- RURAL RESIDENCE (I-RR) DISTRICT TO COMMUNITY COMMERCIAL- CONDITIONAL OVERLAY (GR-CO) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from interim-rural residence (1-RR) district to community commercial-conditional overlay (GR-CO) combining district on the property described in Zoning Case No. CI4-2014-0154, on file at the Planning and Development Review Department, as follows: 1.769 acre tract of land, more or less, out of the Elisha Allen Survey, Abstract No. 18 the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance (the "Property"), locally known as 13561 Pond Springs Road in the City of Austin, Williamson County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: A. A site plan or building permit for the Property may not be approved, released, or issued, if the completed development or uses of the Property, considered cumulatively with all existing or previously authorized development and uses, generate traffic that exceeds 2,000 trips per day. B. A 50-foot wide vegetative buffer shall be provided and maintained along and adjacent to the eastern property line. Improvements permitted within the buffer zone are limited to drainage, underground utility improvements or those improvements that may be otherwise required by the City of Austin or specifically authorized in this ordinance. C. Development along the eastern property line of the Property will comply with City Code Section 25-2, Article 10 (Compatibility Standards). Page 1 of 2 14 of 39B-5D. The following uses are conditional uses of the Property: Restaurant (general) Restaurant (limited) E. The following uses are prohibited uses of the Property: Automotive repair services Automotive sales Exterminating services Outdoor sports and recreation Service station Automotive rentals Automotive washing (of any type) Drop-off recycling collection facility Pawn shop services Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the community commercial (OR) base district and other applicable requirements of the City Code. PART 3. This ordinance takes effect on February 23, 2015. PASSED AND APPROVED February 12 2015 APPROVED: Karen M. Kennard City Attorney Jannette S. Goodall City Clerk Page 2 of 2 15 of 39B-5EXHIBIT A - METES AND BOUNDS DESCRIPTION BEING 1.769 ACRES, MORE OR LESS, OUT OF THE ELISHA ALLEN SURVEY, ABSTRACT NO. 18, IN WILLIAMSON COUNTY, TEXS, AND BEING THAT SAME TRACT OF LAND CONVEYED TO VELMA B. WYCHE BY DEED RECORDED IN VOLUME 1017, PAGE 75 OF THE WILLIAMSON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1" iron pipe found on the east right-of-way line of Pond Springs Road (formerly State Highway 29), at the northwest comer of said Wyche property, also the southwest comer of the TCP Springwood Partners, Ltd. 6.29 acres described in Volume 2065, Page 270 of the Williamson County Deed Records, for the northwest comer and PLACE OF BEGINNING hereof, from which point a Vi" rebar found, capped 'TVIcGray and McGray", on the east line of Pond Springs Road, at the northwest comer of said 6.29 acres, bears N 48°41 '17" W 445.00 feet; THENCE with Wyche's north line, N 65°56' 18" E 593.61 feet to a /a" rebar found at Wyche's northeast comer, on the west line of Lot 1, Block A of "Village Oaks Section One", a subdivision in Williamson County, Texas as recorded in Cabinet B, Slide 224 of the Williamson County Plat Records, for the northeast comer hereof; THENCE S 16°5r53" E 140.77 feet to a •/2" rebar found on the north right-of-way line of Shady Oaks Drive, at the common southerly comer between Wyche and Lot 1 Block A, Village Oaks Section One, for the southeast comer hereof; THENCE with Wyche's south line, also the north line of Shady Oaks Drive, S 65°59'17" W 512.16 feet to a 54" rebar set, capped "Harris-Grant", on the eSst right-oPway line of Pond Springs Road, for the southwest comer hereof; THENCE with Wyche's west line, also the east right-of-way line of Pond Springs Road, N 48°4ri7" W 153.15 feet to the PLACE OF BEGINNING and containing 1.769 acrdSof land, more or less. HARRIS-GRANT SURVEYING, INC. (TBPLS Firm' No. 10036100) P.O. BOX 807, MANCIL\CA TEXAS 78652 512-444-1781 ^yjAMES M. GRANT C/R.P.L.S. 1919 jg\carlson\l 1-14\44482\M&B 1919 SUB)' - December 15,2014 Exhibit A 16 of 39B-5LOT 1, BLK. A, VILLAGE OAKS SEC. 8 - 2 24 ONE VELDA B. WYCHE 1.769 AC. VOL. 1017. PG. 75 LOCATED AT 13561 POND SPRINGS RD., AUSTIN, TEXAS MAP SYMBOLS: 1/2" REBAR FOUND 1/2" REBAR SET. CAPPED "HARRIS GRANr 1" IRON PIPE FOUND CONTRa MONUMENT CC a t/i < o >- Q < X DEED NORTH SCALE: 1" = 50" a: ti U- > a: to D m w o o £5 III 0^ < Q O i z o CM 6 in .p o (— to > HARRIS-GRANT SURVEYING, INC. TBPLS FIRMjjl 10036100 P.O. BOX 807 MANCHACA, TEXAS 78652 (512)444-1781 JAMES M. GRANT, RPLS 1919 DATE: DECEMBER 17, 2014 CM 9^ 'jAiviES"M.'GRAKiT ^ \ 1919 i-!S:jt' MAP OF SURVEY MADE FOR ZONING CHANGE SUBMITTAL OLE PATH: JG\CARLS0N\11-14\POND SPRINGS-13561\444a2 SURVEYING. INC. 17 of 39B-5SUBJECT TRACT PENDING CASE ZONING BOUNDARY ZONING CASE#: C14-2014-0154 This prodjct 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 " = 200 This product has been produced by CTM for the sole purpose of geographic by the City of Austin regarding specific accuracy or completeness. E x h i b it B 18 of 39B-5EXHIBIT E NOTICE OF VIOLATION Case Number: CV-2019-053560 via Certified Mail # 7019 1640 0001 2756 8595 City of Austin P.O. Box 1088, Austin, TX, 78767 February 5, 2021 PC Land, LLC % Brandon L. Krause 13561 POND SPRINGS ROAD Austin TX 78729 RE: 13561 POND SPRINGS RD AUSTIN TX 78729 Locally known as 13561 POND SPRINGS RD AUSTIN TX 78729 Legally described as AW0018 AW0018 - Allen, E. Sur., ACRES 1.772 Zoned as GR-CO Parcel Number R055014 Dear PC Land, LLC % Brandon L. Krause: The City of Austin Code Department investigated the property described above. Austin City Code violations were found that require your immediate attention. A description of the violation(s) and compliance timeframe(s) are provided in the attached violation report. After receipt of this Notice, and until compliance is attained, the Austin City Code prohibits the sale, lease, or transfer of this property unless:   You provide the buyer, lessee, or other transferee a copy of this Notice of Violation; and You provide the name and address of the buyer, lessee, or other transferee to the Code Official. For additional information, I can be reached at 512-560-5923 or William.Evans@austintexas.gov. Please reference case number CV-2019-053560. Hours of operation are: Monday – Friday, 7:30 a.m. - 4:00 p.m. If I am unavailable, contact the Code Connect line at (512) 974-CODE (2633) or codeconnect@austintexas.gov. Para obtener más información, llame al 512-560-5923 o enviar un correo electrónico a William.Evans@austintexas.gov. Por favor, consulte caso número CV-2019-053560. El horario de atención es: lunes a viernes, 7:30 a.m. - 4:00 p.m. Si no estoy disponible, comuníquese con Code Connect marcando al (512) 974-CODE (2633) o por correo electrónico codeconnect@austintexas.gov. Sincerely, William Evans, Austin Code Officer City of Austin Code Department 19 of 39B-5VIOLATION REPORT Date of Notice: February 5, 2021 Code Officer: Case Number: Property Address: William Evans CV-2019-053560 13561 POND SPRINGS RD AUSTIN TX 78729 Locally known as 13561 POND SPRINGS RD AUSTIN TX 78729 Zoned as GR-CO The items listed below are violations of the Austin City Code, and require your immediate attention. If the violations are not brought into compliance within the timeframes listed in this report, enforcement action may be taken. Timeframes start from the Date of Notice. Due to the ongoing Declaration of Local Disaster, the Austin Code Department understands that additional time may be required to comply with this notice. If additional time is required, please contact your Code Officer to request an extension. Extensions will be considered after evaluating the severity and frequency of the violation, available resources to correct the violation, and the impact of the continued violation on the public health and safety. Violation Type: LAND USE Austin City Code Section: Zoning (§25-2) Description of Violation: The use of this property as a landscape service company is not allowed in GR Zoning. Date Observed: 02/05/2021 Timeframe to Comply: 30 Day(s) Recommended Resolution: Contact Development Services and obtain a change of zoning to allow this use. Austin City Code Section: Building Permit Requirement (§25-11-32) Description of Violation: Commercial construction being performed without required permit(s). Date Observed: 04/08/2019 Timeframe to Comply: 30 Day(s) Recommended Resolution: Obtain the building permit(s) for the construction that is in process of the structure being constructed on the property. Notes: Permit violations require the permit(s) to be issued and all required inspections to be completed to attain compliance. For questions concerning land use violations, please contact the Development Services Department at 311. You can also visit http://www.austintexas.gov/department/development-services for more information. IMPORTANT INFORMATION Failure to Correct If the violations are not brought into compliance within the timeframes listed in the violation report, enforcement action may include:  Criminal charges in the City of Austin Municipal Court subjecting you to fines of up to $2,000 per violation, per day. 20 of 39B-5 Civil penalties in an Administrative Hearing subjecting you to fines of up to $1,000 per violation,  per day, along with additional fees. Suspension or cancellation of existing site plan, permit or certificate of occupancy. If the site plan, permit or certificate of occupancy is suspended or revoked, the utility service to this property may be disconnected.  Civil injunctions or penalties in State court.  For dangerous or substandard buildings, the City of Austin may also take action with the Building and Standards Commission (BSC) to order the vacation, relocation of occupants, securing, repair, removal or demolition of a building, and civil penalties. Ownership Information According to the records of the County, you own the property described in this notice. If this property has other owners, please provide me with this information. If you no longer own this property, you must execute an affidavit form provided by our office. This form should state that you no longer own the property, the name of the new owner, and their last known address. The affidavit must be delivered in person or by certified mail, with return receipt requested, to the Austin Code Department office no later than 20 days after you receive this notice. If you do not submit an affidavit, it will be presumed that you own the property described in this notice. An affidavit form is available at www.austintexas.gov/code-resources, or at the office at 5202 E. Ben White Blvd. Unit 5, Suite 550, Austin, TX 78741. The completed affidavit should be mailed to: City of Austin Code Department, P.O. Box 1088, Austin, Texas 78767. Complaints You may file a written complaint or commendation regarding an Austin Code Department Officer no later than 3 days after you receive this notice. Please reference your case number. The complaint or commendation should be mailed to: City of Austin Code Department, ATTN: Code Official, P.O. Box 1088, Austin, Texas 78767. 21 of 39B-5Community Resources Austin Code Department aims to bring our communities to a safe standard for Austin residents and visitors. This list of community resources is available to help Austin residents resolve potential hazards. General Information  Austin 311 ∙ A single point of contact for every City department 24 hours a day, 7 days a week. Dial: 311 or visit austintexas.gov/department/311  Texas 2-1-1 ∙ Free information from state and local health and human services programs, 24 hours a day 7 days a week. Dial: 211, or 877-541-7905 or visit www.211texas.org.  Travis County Resources ∙ Direct services or through non-profit sectors that address community, family support services, weatherization and home repair. Phone numbers by zip (78701) 512-854-4120, (78653) 512-854-1520, (78704) 512-854-1550, (78645) 512-854- 9130, (78735) 512-854-1500, (78660) 512-854-2130 or 512-854-1530 or visit www.traviscountytx.gov/health-human-services/divisions/family-support-services.  United Way / Connect ATX ∙ Free or reduced cost services like medical care, food, job training and more www.unitedwayaustin.org/connectatx. Housing  Neighborhood Housing & Community Development (NHCD) ∙ (Austin) Provides housing and community development services to eligible residents. Dial: 512-974-3100 or visit austintexas.gov/department/housing  Development Services Department (DSD) ∙ (Austin) Collects and reviews zoning fees & expired permits, building inspections form requests. Dial: 512-978-4000 or visit austintexas.gov/department/development-assistance-center  Building and Strengthening Tenant Action (BASTA) ∙ Helps renters work with their neighbors to improve conditions in their homes by providing one-on-one guidance and group training in outreach methods, facilitation techniques, negotiation strategy, campaign planning, and property research. Dial: 512-522-9984 or visit www.bastaaustin.org  Austin Tenants Council ∙ Protects tenant’s rights and educates the community on fair housing to advocate for safe, decent and affordable housing for all. Dial: 512-474-6000 or visit www.housing-rights.org  Austin Area Urban League ∙ Provides home repairs, advocacy, financial empowerment and workforce and career development. Dial: 512-478-7176 or visit http://aaul.org. 22 of 39B-5Health and safety  Austin Public Health’s (APH) • Assists with Graffiti removal, rodent control, swimming pool/spa inspections, health screening and free social services. Neighborhood centers provide basic needs (food pantry), seasonal program services (Christmas Bureau application) and crisis intervention. Dial: 512-972-5000 or visit: austintexas.gov/department/health.  Texas Department of Family and Protective Services (DFPS) • Provides investigative services for abuse, neglect or financial exploitation for persons aged 65 or older or if age 18- 65, with mental, physical or developmental disabilities. Visit www.dfps.state.tx.us.  Easter Seals Central Texas • Supports those with disabilities, supplies summer camps and employment opportunities. Offer a community for women with disabilities and adult day care services as well as in-home care, therapy and mental health programs. Dial: 512-615-6820 or visit www.easterseals.com/centraltx  Meals on Wheels Central Texas • Provides resources including home care, veteran services, home repair, treatment for depression and quality meals. Dial: 512-476-6325 or visit www.mealsonwheelscentraltexas.org.  Texas Department on Aging and Disability Services (DADS) • Offers community partner, faith and community-based programs that support the needs of aging adults. Dial: 1-855- 937-2372 or www.dads.state.tx.us  Texas Health and Human Rights Services department • Provides advice and advocacy for those experiencing discrimination or abuse in nursing homes, assisted living facilities, home health or hospice settings. Dial: 1-800-458-9858 or visit www.dads.state.tx.us/services/crs. Legal assistance  Texas RioGrande Legal Aid (TRLA) ∙ Free civil legal services for residents and represents migrant or seasonal workers. Operates public defender programs that represent low-income and indigent people in areas including family, employment, foreclosure, bankruptcy, subsidized housing, farmworker, civil rights, and environmental law. Dial: 1-888-988-9996 or visit www.tria.org/office/austin. For more information about the Austin Code Department, check out our websites: www.austintexas.gov/code | http://austincodeit.github.io/open.html 23 of 39B-5Recursos Comunitarios El Departamento de Códigos de Austin tiene como objetivo llevar a nuestras comunidades un estándar seguro para los que viven y visitan Austin. Esta lista de recursos comunitarios está disponible para resolver posibles peligros. Información General  Austin 311 ∙ Un punto de contacto para cada departamento de la ciudad disponible 24 horas del día, 7 días de la semana. Marque 311 o visite austintexas.gov/department/311  Texas 2-1-1 ∙ Información fácil de encontrar programas estatales y locales de salud y servicios humanos. Los servicios son gratuitos y anónimos, incluyendo una línea directa de servicio social las 24 horas del día los 7 días de la semana. Marque: 211, o 877-541-7905 o visite www.211texas.org.  Recursos del Condado de Travis ∙ Proporciona servicios directos o a través de sectores sin fines de lucro de apoyo familiar, climatización y reparación de viviendas. Números de teléfono por código postal (78701) 512-854-4120, (78653) 512-854-1520, (78704) 512-854- 1550, (78645) 512-854-9130, (78735) 512-854-1500, (78660) 512-854-2130 o 512-854- 1530 o visite www.traviscountytx.gov/health-human-services/divisions/family-support- services.  United Way / Connect ATX ∙ Servicios gratuitos o de costo reducido como atención médica, alimentos, capacitación laboral y más www.unitedwayaustin.org/connectatx. Vivienda  Departamento de Vivienda Comunitaria y Desarrollo Comunitario (NHCD) ∙ (Austin) provee servicios de vivienda y desarrollo comunitario a personas elegibles. Marque: 512- 974-3100 o visite austintexas.gov/department/housing  Departamento de Servicios de Desarrollo (DSD) ∙ (Austin) Cobra y revisa tarifas de zonificación y permisos vencidos, inspecciones de edificios y solicitudes. Marque: 512-978- 4000 o visite austintexas.gov/department/development-assistance-center  BASTA - Organizando inquilinos de Austin para hogares saludables y asequibles ∙ Ayuda a inquilinos a trabajar con sus vecinos para mejorar las condiciones en sus hogares proporcionando orientación personal y capacitación grupal en métodos de extensión, técnicas de facilitación, estrategia de negociación, planificación de campañas e investigación de propiedades. Marque: 512-522-9984 o visite www.bastaaustin.org  El Consejo de Inquilinos de Austin (ATC) ∙ Protege los derechos de inquilinos y educa a la comunidad sobre la vivienda justa para abogar por una vivienda segura, decente y asequible para todos. Marque: 512-474-6000 o visite www.housing-rights.org  La Liga Urbana de Área de Austin (AAUL) – Proporciona reparaciones en el hogar, promoción, empoderamiento financiero y desarrollo de la fuerza de trabajo y Carrera. Marque al 512-478-7176 o visite http://aaul.org. 24 of 39B-5Salud y Protección  Departamento de Salud Pública (APH) ∙ Ayuda con la eliminación de grafiti, control de roedores, inspecciones de piscina/spa, exámenes de salud y servicios sociales gratuitos. Los centros comunitarios proporcionan necesidades básicas (despensa de alimentos), servicios de programa estacionales (aplicación de la Oficina de Navidad) servicios sociales como intervención de crisis. marque: 512-972-5000 o visite: austintexas.gov/department/health.  El Departamento de Servicios para la Familia y de Protección (DFPS) ∙ Servicios de investigación por abuso, negligencia o explotación financiera de personas de 65 años o más o si tienen entre 18 y 65 años, con discapacidades mentales, físicas o del desarrollo. Visite www.dfps.state.tx.us.  Easter Seals del Centro de Texas ∙ Apoyo para personas con discapacidades, ofrece campamentos de verano y oportunidades de empleo. Ofrecer una comunidad para mujeres con discapacidades y servicios de guardería para adultos y programas de atención en el hogar, terapia y salud mental. Marque: 512-615-6820 o visite www.easterseals.com/centraltx  Meals on Wheels del Centro de Texas ∙ Proporciona recursos que incluyen atención domiciliaria, servicios para veteranos, reparación del hogar, tratamiento para depresión y comida. Marque: 512-476-6325 o visite www.mealsonwheelscentraltexas.org.  Departamento de Servicios para Adultos Mayores y Personas con Discapacidades (DADS) ∙ Ofrece a un socio comunitario, programas basados en la comunidad y basados en la comunidad que apoyan las necesidades de los adultos mayores. Marque: 1-855-937- 2372 o www.dads.state.tx.us  Departamento de Servicios de Salud y Derechos Humanos de Texas (DADS) ∙ Proporciona asesoramiento y defensa para aquellos que sufren discriminación o abuso en hogares de ancianos, centros de vida asistida, salud en el hogar o entornos de hospicio. Marque: 1-800-458-9858 o visite www.dads.state.tx.us/services/crs. Asistencia Legal  Texas RioGrande Legal Aid (TRLA) • Proporciona servicios legales civiles gratuitos a los residentes y representa a los trabajadores migrantes o estacionales. Opera programas de defensa pública que representan a personas indigentes y de bajos ingresos en áreas como la familia, el empleo, la ejecución hipotecaria, la quiebra, la vivienda subvencionada, el trabajador agrícola, los derechos civiles y la ley ambiental. Marque: 1-888-988-9996 o visite www.tria.org/office/austin. Para obtener más información sobre el Departamento de Código de Austin, consulte nuestros sitios web: www.austintexas.gov/code | http://austincodeit.github.io/open.html 25 of 39B-5 NOTICE OF VIOLATION Case Number: CV-2019-053560 Via Certified Mail # 7014 1200 0000 1726 3693 City of Austin P.O. Box 1088, Austin, TX, 78767 August 5, 2019 PC LAND LLC PO BOX 9742 AUSTIN TX 78766 RE: Dear PC LAND LLC: 13561 POND SPRINGS RD AUSTIN TX 78729 Locally known as 13561 POND SPRINGS RD AUSTIN TX 78729 Legally described as AW0018 AW0018 - Allen, E. Sur., ACRES 1.772 Zoned as GR-CO Parcel Number R055014 The City of Austin Code Department investigated the property described above. Austin City Code violations were found that require your immediate attention. A description of the violation(s) and compliance timeframe(s) are provided in the attached violation report. After receipt of this Notice, and until compliance is attained, the Austin City Code prohibits the sale, lease, or transfer of this property unless:   You provide the buyer, lessee, or other transferee a copy of this Notice of Violation; and You provide the name and address of the buyer, lessee, or other transferee to the Code Official. For additional information, I can be reached at 512-974-1955 or William.Evans@austintexas.gov. Please reference case number CV-2019-053560. Hours of operation are: Monday – Friday, 7:30 a.m. - 4:00 p.m. If I am unavailable, contact the Code Connect line at (512) 974-CODE (2633) or codeconnect@austintexas.gov. Para obtener más información, llame al 512-974-1955 o enviar un correo electrónico a William.Evans@austintexas.gov. Por favor, consulte caso número CV-2019-053560. El horario de atención es: lunes a viernes, 7:30 a.m. - 4:00 p.m. Si no estoy disponible, comuníquese con Code Connect marcando al (512) 974-CODE (2633) o por correo electrónico codeconnect@austintexas.gov. Sincerely, William Evans, Austin Code Officer City of Austin Code Department 26 of 39B-5VIOLATION REPORT Date of Notice: August 5, 2019 Code Officer: Case Number: Property Address: William Evans CV-2019-053560 13561 POND SPRINGS RD AUSTIN TX 78729 Locally known as 13561 POND SPRINGS RD AUSTIN TX 78729 Zoned as GR-CO The items listed below are violations of the Austin City Code, and require your immediate attention. If the violations are not brought into compliance within the timeframes listed in this report, enforcement action may be taken. Timeframes start from the Date of Notice. Violation Type: LAND USE Austin City Code Section: Zoning (§25-2) Description of Violation: Work in Progress without a permit(s). Date Observed: 04/08/2019 Timeframe to Comply: 30 Day(s) Recommended Resolution: Obtain the appropriate building permit(s) for the structure under construction. Austin City Code Section: Building Permit Requirement (§25-11-32) Description of Violation: Commercial construction being performed without required permit(s). Date Observed: 04/08/2019 Timeframe to Comply: 30 Day(s) Recommended Resolution: Obtain the building permit(s) for the construction that is in process of the structure being constructed on the property. Notes: Permit violations require the permit(s) to be issued and all required inspections to be completed to attain compliance. For questions concerning land use violations, please contact the Development Services Department at 311. You can also visit http://www.austintexas.gov/department/development- services for more information. IMPORTANT INFORMATION Failure to Correct If the violations are not brought into compliance within the timeframes listed in the violation report, enforcement action may include:  Criminal charges in the City of Austin Municipal Court subjecting you to fines of up to $2,000 per violation, per day.  Civil penalties in an Administrative Hearing subjecting you to fines of up to $1,000 per  violation, per day, along with additional fees. Suspension or cancellation of existing site plan, permit or certificate of occupancy. If the site plan, permit or certificate of occupancy is suspended or revoked, the utility service to this property may be disconnected.  Civil injunctions or penalties in State court.  For dangerous or substandard buildings, the City of Austin may also take action with the Building and Standards Commission (BSC) to order the vacation, relocation of occupants, securing, repair, removal or demolition of a building, and civil penalties. 27 of 39B-5Ownership Information According to the records of the County, you own the property described in this notice. If this property has other owners, please provide me with this information. If you no longer own this property, you must execute an affidavit form provided by our office. This form should state that you no longer own the property, the name of the new owner, and their last known address. The affidavit must be delivered in person or by certified mail, with return receipt requested, to the Austin Code Department office no later than 20 days after you receive this notice. If you do not submit an affidavit, it will be presumed that you own the property described in this notice. An affidavit form is available at www.austintexas.gov/code-resources, or at the office at 5202 E. Ben White Blvd. Unit 5, Suite 550, Austin, TX 78741. The completed affidavit should be mailed to: City of Austin Code Department, P.O. Box 1088, Austin, Texas 78767. Complaints You may file a written complaint or commendation regarding an Austin Code Department Officer no later than 3 days after you receive this notice. Please reference your case number. The complaint or commendation should be mailed to: City of Austin Code Department, ATTN: Code Official, P.O. Box 1088, Austin, Texas 78767. 28 of 39B-5 City of Austin P.O. Box 1088, Austin, TX, 78767 NOTICE OF VIOLATION Case Number: CV-2019-053560 Via Certified Mail # 7017 0190 0000 3848 1377 April 9, 2019 PC Land LLC % Brandon L Krause 13561 Pond Springs Road Austin TX 78729 RE: 13561 POND SPRINGS RD AUSTIN TX 78729 Locally known as 13561 POND SPRINGS RD., AUSTIN TX 78729 Legally described as AW0018 AW0018 - Allen, E. Sur., ACRES 1.772 Zoned as GR-CO Parcel Number R055014 Dear PC Land, LLC % Brandon L Krause: The City of Austin Code Department investigated the property described above. Austin City Code violations were found that require your immediate attention. A description of the violation(s) and compliance timeframe(s) are provided in the attached violation report. After receipt of this Notice, and until compliance is attained, the Austin City Code prohibits the sale, lease, or transfer of this property unless:   You provide the buyer, lessee, or other transferee a copy of this Notice of Violation; and You provide the name and address of the buyer, lessee, or other transferee to the Code Official. For additional information, I can be reached at (512)974-9099 or phillip.bossley@austintexas.gov. Please reference case number CV-2019-053560. Hours of operation are: Monday – Friday, 7:30 a.m. - 4:00 p.m. Para obtener más información, llame al (512)974-9099 o enviar un correo electrónico a phillip.bossley@austintexas.gov. Por favor, consulte caso número CV-2019-053560. El horario de atención es: lunes a viernes, 7:30 a.m. - 4:00 p.m. Sincerely, Phillip Bossley, Austin Code Officer City of Austin Code Department 29 of 39B-5VIOLATION REPORT Date of Notice: April 9, 2019 Code Officer: Case Number: Property Address: Phillip Bossley CV-2019-053560 13561 POND SPRINGS RD., AUSTIN TX 78729 Locally known as 13561 POND SPRINGS RD., AUSTIN TX 78729 Zoned as GR-CO The items listed below are violations of the Austin City Code, and require your immediate attention. If the violations are not brought into compliance within the timeframes listed in this report, enforcement action may be taken. Timeframes start from the Date of Notice. Violation Type: LAND USE Austin City Code Section: Zoning (§25-2) Description of Violation: Work in Progress without a permit(s). Date Observed: 04/08/2019 Timeframe to Comply: 30 Day(s) Recommended Resolution: Obtain the appropriate building permit(s) for the structure under construction. Austin City Code Section: Building Permit Requirement (§25-11-32) Description of Violation: Commercial construction being performed without required permit(s). Date Observed: 04/08/2019 Timeframe to Comply: 30 Day(s) Recommended Resolution: Obtain the building permit(s) for the construction that is in process of the structure being constructed on the property. Notes: Permit violations require the permit(s) to be issued and all required inspections to be completed to attain compliance. For questions concerning land use violations, please contact the Development Services Department at 512-978-4000. You can also visit http://www.austintexas.gov/department/development-services for more information. IMPORTANT INFORMATION Failure to Correct If the violations are not brought into compliance within the timeframes listed in the violation report, enforcement action may include:  Criminal charges in the City of Austin Municipal Court subjecting you to fines of up to $2,000 per violation, per day.  Civil penalties in an Administrative Hearing subjecting you to fines of up to $1,000 per  violation, per day, along with additional fees. Suspension or cancellation of existing site plan, permit or certificate of occupancy. If the site plan, permit or certificate of occupancy is suspended or revoked, the utility service to this property may be disconnected.  Civil injunctions or penalties in State court.  For dangerous or substandard buildings, the City of Austin may also take action with the Building and Standards Commission (BSC) to order the vacation, relocation of occupants, securing, repair, removal or demolition of a building, and civil penalties. 30 of 39B-5Ownership Information According to the records of the County, you own the property described in this notice. If this property has other owners, please provide me with this information. If you no longer own this property, you must execute an affidavit form provided by our office. This form should state that you no longer own the property, the name of the new owner, and their last known address. The affidavit must be delivered in person or by certified mail, with return receipt requested, to the Austin Code Department office no later than 20 days after you receive this notice. If you do not submit an affidavit, it will be presumed that you own the property described in this notice. An affidavit form is available at www.austintexas.gov/code-resources, or at the office at 1520 Rutherford Lane. The completed affidavit should be mailed to: City of Austin Code Department, P.O. Box 1088, Austin, Texas 78767. Complaints You may file a written complaint or commendation regarding an Austin Code Department Officer no later than 3 days after you receive this notice. Please reference your case number. The complaint or commendation should be mailed to: City of Austin Code Department, ATTN: Code Official, P.O. Box 1088, Austin, Texas 78767. 31 of 39B-5EXHIBIT F From: To: Subject: Date: Alyssa Onyx Sirwaitis, Sherri Case Number: C14-2021-0142 Monday, January 3, 2022 10:07:25 PM *** External Email - Exercise Caution *** Company: Perfect Cuts Inc. Project location: 13561 Pond Springs Road Owner: PC Land, LLC To whom it may concern: I have put this off until the last minute because I have had a lot to say in regards to this business and their nonsense. The comment box on the form just isn’t big enough for my personal issues, but I will gladly elaborate and/or speak in detail with anyone should I need to. Along with some negative and similar online reviews for this company, I have personally made innumerable noise-complaint calls and dealt with the accounts of the workers cat-calling and peeping on me in my yard. This business shouldn’t have the option to expand whatever it is they are wanting to do in this neighborhood.. because it IS still a neighborhood and we should all be able to live quietly and comfortably. I do everything from home which, unfortunately, is just on the other side of their fencing. From our yard you can see and hear everything and I assure you that I have. The workers socialize prior to sundown by cracking open beverages and they seem to be there all of the time, sometimes well past 11 PM on weeknights, and even on holidays. Their loud, massive trucks are always going in and out. It is A LOT and just too much for a measly “landscaping” company in this particular area. I have had to call about Tejano music blaring for hours on end with an amount of volume and bass that should be illegal. No matter where you are or what you’re doing around our home, you can hear it and it is absolutely awful. It has affected not only my sanity but my business as well. You can never get a hold 32 of 39B-5of anyone because those in charge seem to have the luxury of only being there a few days a week until 4 PM. I started dealing with this in 2020 and to this day I have yet to receive a call-back. On a more serious note, I have caught their workers on multiple occasions peeping over at me from their lifts and machinery when I am by the pool and/or outside. I can see them and they have seen me, and a lot of me. Again, please contact me if necessary about this issue because I know it is, or SHOULD be, problematic. This is the first home I have lived in as an adult and I love this neighborhood. Personally, not feeling remotely comfortable with these people expanding is an understatement. This neighborhood was here first and it is full of families. Quite frankly, this business can go elsewhere, and take their creepy workers with them. I have had enough of seeing them, hearing them and worrying about their comings and goings when I am minding my own business in my own home and yard. I understand that my account will differ from others given the close proximity and my being home all day, every day. Thank you for your time and the opportunity to voice my opinion. Best, Alyssa Prichard (Alyssa Onyx) Phone number: (512) 626-7958 33 of 39B-534 of 39B-5-- 35 of 39B-5Alyssa Onyx — @alyssaonyx — Owner of “The Haus of Onyx Glam Studio & Beauty Bar” in Austin, Texas — Professional beauty/aesthetics artist, fashion stylist/coordinator and cosmetic enhancements technician — Past ventures include published/professional modeling, a deep background in music/performing, television/film/reality/radio,.. and a life of running with Playmates, adult stars, rockstars, beauty gods, moguls, famous ghost hunters, real witches and vampires… and now back to rockstars. — Aspiring memoir writer/creator — If you’ve got a check, I’ve got a talent. 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. 36 of 39B-5From: To: Subject: Date: Billie nixon Sirwaitis, Sherri Comment for hearing January 4,2022 Monday, January 3, 2022 8:48:12 PM *** External Email - Exercise Caution *** Billie Nixon Affected property: 12504 Shady Oaks Terrace Austin, TX 78729 512-709-8437 In the matter of rezoning proposal # C 14-2021-0142 To whom it may concern, We are resolutely against rezoning for the above case/property. Our decision to purchase the home we are in was made solely based on the fact that the neighborhood is tucked away from businesses and the traffic associated with such. If the proposed property is granted rezoning, that will completely change the dynamic of the entire neighborhood, especially those of us that are within feet of the property asking for rezoning. If the current occupants are granted longer hours our lives will be even more disrupted than they already have been with the current occupant and the many many vehicles that come and go from that property at all hours. The vehicles with the noise associated with them and the noise generated from multiple vehicles is already extremely disruptive at all hours. We are no longer able to enjoy our yards without the loud sounds of heavy equipment, blaring music, the sounds of crashing metal containers etc. By rezoning and granting the proposed changes of Hours and use, our street will become a thoroughfare for the commercial vehicles and customers for such use at all hours of the day and night. As the result of a change of this sort it would be devastating as our children and pets will no longer be safe playing in our front yards and our families would lose the peace and tranquillity we have enjoyed for so many years in this neighborhood. The proposed property is at one of the only three entrances into our entire neighborhood involving two large subdivisions. This would be a terrible terrible thing to do to so many of us who live in and love the neighborhood for so many reasons including the time spent in our front yards visiting with our neighbors. That would come to a stop and that would also be a huge devastation. We are still tucked away enough that we don’t even have curbs or sidewalks and more traffic would likely cause havoc, property damage,loss of landscaping and zero boundaries by automobile as well as foot traffic etc. Again, dangerous and very disruptive. 37 of 39B-5To make these proposed changes would 100% cause a huge loss in Property value especially for those of us within walking distance to the property in question. Thank you for reading our comments. Please do not make the proposed changes. Billie Nixon. 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. 38 of 39B-539 of 39B-5