06 C14-2022-0069 - 8702 Cullen; District 2.pdf — original pdf

Backup

ZONING CHANGE REVIEW SHEET CASE: C14-2022-0069 – 8702 Cullen ZONING FROM: SF-2 ADDRESS: 8702 Cullen Lane PROPERTY OWNERS: Beck REIT Holdings, I, LLC (Russ Becker); DISTRICT: 2 TO: GR-MU SITE AREA: 0.69 acres (20,739 square feet) Sloan Houser Holdings, LLC (Sloan Houser) AGENT: TDI Engineering, LLC (Carey Bresler) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – mixed use – conditional overlay (GR-MU-CO) combining district zoning. The Conditional Overlay prohibits the following uses: Automotive rentals, Automotive sales, Automotive washing (of any type), Bail bond services, Communications services, Community recreation (private), Community recreation (public), Consumer repair services, Drop-off recycling collection facility, Exterminating services, Funeral services, Hotel-motel, Indoor entertainment, Medical offices (exceeding 5000 s.f. of gross floor area), Medical offices (not exceeding 5000 s.f. of gross floor area), Off-site accessory parking, Outdoor entertainment, Pawn shop services, Restaurant (general), Restaurant (limited), Service station, and Theater For a summary of the basis of Staff’s recommendation, see pages 2-3. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: October 4, 2022: CITY COUNCIL ACTION: November 3, 2022: ORDINANCE NUMBER: ISSUES: The Applicant is in agreement with the Staff recommendation. The rezoning application was filed in late-May 2022 as the result of a Notice of Violation issued by the Austin Code Department in mid-August 2021 for operating an automotive repair business within the SF-2 zoning district. Please refer to attached Notice at the back of this packet. 1 of 16B-6C14-2022-0069 Page 2 CASE MANAGER COMMENTS: The subject lot is located on the north end of Cullen Lane, contains an automobile repair facility and is zoned single family residence – standard lot (SF-2) district. Aerial photos of the property show that the automotive repair use has been in operation since at least 1977 (including the warehouse building on the rear (west) portion of the lot), several years prior to annexation into the City limits in 1984. Property ownership has changed over time from an individual owner from 1977 to a commercially-owned operator in 2013 and documentation of the automotive repair business under the previous individual ownership has not been found. The property to the north contains a single family residence and an automobile sales business (SF-2; GR-CO), and across Cullen Lane to the east is an automotive auction facility that has a recently approved and released site plan for over 400 multifamily residential units on approximately 13 acres (GR-MU). To the south is a single family residence as well as commercial uses including a pet services use (SF-2; CS-CO), and to the west are single family residences and a stormwater pond in the Park Ridge subdivision (SF-4A-CO; I-RR). Please refer to Exhibits A and A-1 – Zoning Map and Aerial Exhibit. The Applicant proposes to rezone the property to the community commercial – mixed use (GR-MU) district and in order to bring the automotive repair use into conformance with the Code and retain a residential use on the Property. Please refer to Applicant’s correspondence attached at the back of this report. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the purpose statement of the district sought. The proposed community commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major trafficways. The mixed use (MU) district is intended to allow for office, retail, commercial and residential uses to be combined in a single development. The property has access to Cullen Lane which is classified as a Level 2 (collector) street. 2. 3. As background, the area was annexed into the City in the mid-1980s and contained several intensive auto-related, legal (non-conforming) uses which included the subject property. Several industrial and auto-related uses were also operational until recently which resulted in a restriction on the residential uses. However, in the December 2005, Council approved SF- 4A-CO zoning for the ParkRidge Gardens subdivision and several years later redevelopment of commercially zoned properties including a shopping center anchored by a supermarket as well as rezonings to permit multifamily residential use were approved along South Congress Zoning changes should promote compatibility with adjacent and nearby uses. Zoning changes should promote a balance of intensities and densities. 2 of 16B-6C14-2022-0069 Page 3 Avenue. The right-of-way extension of Ralph Ablanedo Drive to the IH 35 frontage road has recently been completed. In conclusion, Staff recommends the Applicant’s request for GR-MU zoning given that the automotive repair services use predated annexation, there are existing automotive-related uses to the north and east, and the property retains a residential structure. The proposed Conditional Overlay is similar to that of the automotive sales use to the north with the exception that it allows automotive repair services (but prohibits automotive sales which does not exist on the property) and custom manufacturing. Otherwise, the -CO has the same prohibited use list except for congregate living, guidance services, and residential treatment in light of guidance to Staff that prohibiting this use could be viewed as discriminating against those suffering from a medical condition. EXISTING ZONING AND LAND USES: Site North South East ZONING LAND USES SF-2 SF-2; GR-CO; CS-CO SF-2; CS-CO GR-MU; LI-CO Automotive repair services; Auto auction (approved and Automotive repair services Single family residence; Auto sales; Residential and outside storage of automobiles, trucks and RVs Single family residence; Office / warehouse; Pet services; Commercial West SF-4A-CO; I- RR released Site Plan for 3 multifamily residential buildings (404 units) on July 25, 2022) Single family residences and stormwater pond in the Park Ridge subdivision SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: Not Applicable TIA: Is not required WATERSHED: Onion Creek – Suburban CAPITOL VIEW CORRIDOR: No SCHOOLS: Williams Elementary School Bedichek Middle School Crockett High School COMMUNITY REGISTRY LIST: 511 – Austin Neighborhoods Council 742 – Austin Independent School District 1363 – SEL Texas 1494 – South Boggy Creek Neighborhood Association 1496 – Park Ridge Owners Association, Inc. 1531 – South Austin Neighborhood Alliance (SANA) 1550 – Homeless Neighborhood Association 1616 – Neighborhood Empowerment Foundation 1774 – Austin Lost and Found Pets 1228 – Sierra Club, Austin Regional Group 1530 – Friends of Austin Neighborhoods 1424 – Preservation Austin 627 – Onion Creek HOA 3 of 16B-6C14-2022-0069 Page 4 1820 – Peaceful Hill Preservation Association AREA CASE HISTORIES: NUMBER C14-2022-0077 – 203 Ralph Ablanedo Rezoning C14-2020-0139 – Cullen and Ralph Ablanedo – 8811 Cullen Ln and 203 Ralph Ablanedo Dr C14-2018-0118 – 8900 South Congress Ave C14-2010-0084 – Amy L. Rogans – 8616 Cullen Ln REQUEST From / To: CS- CO; LI-CO to remove the 300 vehicle per day cap CS-CO; GR- MU-CO to GR- MU on 12.95 acres CS-CO to CS- CO to remove the 2,000 trips per day limit and replace w/the conds of a TIA SF-2 to CS-MU C14-06-0119 – Beverly’s – 8504 South Congress Ave C14-05-0209 – Big 4 – 221 Ralph Ablanedo Dr DR to CS-1 SF-2 to LI COMMISSION To be scheduled CITY COUNCIL To be scheduled To Grant Apvd (3-4-2021). To Grant, as requested Apvd (4-25-2019). To Grant GR-CO w/CO for list of prohibited uses, limit structure height to 30’, and 2,000 trips To Grant CS-1-CO for Tract 1 and CS-CO for Tract 2, w/CO for 2,000 trips To Grant LI-CO w/ scrap and salvage as the only permitted LI use, all GR uses, except for pawn shop services, and 300 trips Apvd GR-CO as Commission recommended (9-23-2010). Apvd CS-1-CO and CS-CO as Commission recommended (9-28-2006). Apvd LI-CO, to allow scrap and salvage, all CS uses, except for pawn shop services which is prohibited, and 300 trips per day beyond that existing trips generated on site (3-23-2006). Apvd SF-4A-CO w/CO for: 1) 2,000 trips; 2) prohibit access to Peaceful Hill Ln.; 3) a residential use shall comply with the measures under SF-6; W/LO; LI; DR to SF-4A To Deny SF-4A C14-05-0034.SH – Peaceful Hill Subdivision – 308 Ralph Ablanedo Dr and 8319 Peaceful Hill Ln 4 of 16B-6C14-2022-0069 Page 5 Section 25-13-44 (Airport Overlay Land Use Table) that achieve a minimum outdoor-to-indoor noise level reduction of 25 decibels; 4) a 30’ rear yard setback shall be established for a residential structure adjacent to a non- residential use or zoning district; and 5) the max height is one story adjacent to Crippen Sheet Metal. Restrictive Covenant for: 1) the Neighborhood Traffic Analysis; 2) construction of a pedestrian accessway to Peaceful Hill Ln; 3) center turn lane along Ralph Ablanedo Dr frontage; 4) 6’ solid masonry wall along property lines that do not abut Ralph Ablanedo Dr on the south and Peaceful Hill Ln on the west, and 5) an 8’ solid fence along the east property line (12-15-2005). Apvd CS-CO district zoning with Street Deed and Public Restrictive Covenant as ZAP recommended (3-10-2005). C14-04-0179 – Big 4 – 8602 Cullen Ln DR; SF-2 to CS To Grant CS-CO w/ CO for fencing; landscape buffer; 30’ structure height; prohibited uses and 2,000 trips. Street deed required on Cullen Lane. Public Restrictive Covenant for hours of operation. 5 of 16B-6C14-2022-0069 Page 6 DR to CS To Grant CS-CO w/CO for 2,000 trips C14-04-0105 – Pennington Ltd. Partnership – 8706 & 8708 S Congress Ave C14-99-0112 – 8816 Cullen Ln DR to CS for Tract 1; LO for Tract 2 Apvd CS-CO as Commission recommended (9-30-2004). Apvd CS-CO for Tract 1; LO-CO for Tract 2 as Commission recommended (1-27-2000). C14-99-0075 – 8810 Cullen Ln DR to CS for Tract 1; LO for Tract 2 Approved CS-CO for Tract 1; LO-CO for Tract 2 as Commission recommended (9-30-1999). To Grant CS-CO for Tract 1; LO-CO for Tract 2 being a 40’ wide landscaped buffer and a 6’ solid fence along the west property line; CS-CO for list of prohibited uses; 30’ height limit; 2,000 trips; rollback to W/LO if construction sales & service use is a permitted use in that district; R-O-W dedication on Cullen Lane (approx 5’) To Grant CS-CO for Tract 1; LO-CO for Tract 2, w/LO-CO being a 40’ wide landscaped buffer and a 6’ solid fence along the west property line; CS- CO for list of prohibited uses; 30’ height limit; 2,000 trips; rollback to W/LO if construction sales & service use is a permitted use in that district; r-o-w dedication on Cullen Lane (approx 5’). RELATED CASES: The property is platted as Lot 1, Barry A. Presley Subdivision recorded in April 1980 (C8s- 80-021). The rezoning area was annexed into the City limits in November 1984. 6 of 16B-6C14-2022-0069 Page 7 EXISTING STREET CHARACTERISTICS: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route No 21 feet 78 feet 50 feet Level 2 (collector) Cullen Lane ADDITIONAL STAFF COMMENTS: Inclusive Planning Project Name and Proposed Use: Auto Repair/SF Residence/Storage Shed to Auto Repair/Office/Storage Shed. Shared Lane Capital Metro (within ¼ mile) No Yes Y Imagine Austin Decision Guidelines Compact and Connected Measures Imagine Austin Growth Concept Map: Located close to, within or adjacent to an Imagine Austin Activity Center, Imagine Austin Activity Corridor, or Imagine Austin Job Center as identified on the Growth Concept Map. Name(s) of Activity Center/Activity Corridor/Job Center: Adjoins Southpark Meadow Town Center Mobility and Public Transit: Located within 0.25 miles of public transit stop and/or light rail station. Mobility and Bike/Ped Access: Adjoins a public sidewalk, shared path, and/or bike lane Y Connectivity, Good and Services, Employment: Provides or is located within 0.50 miles to goods and services, and/or employment center. Y Connectivity and Food Access: Provides or is located within 0.50 miles of a grocery Connectivity and Education: Is located within 0.50 miles from a public school or store/farmers market. university. Connectivity and Healthy Living: Provides or is located within 0.50 miles from a recreational area, park or walking trail. Connectivity and Health: Provides or is located within 0.50 miles of health facility (ex: hospital, urgent care, doctor’s office, drugstore clinic, specialized outpatient care.) Housing Affordability: Provides a minimum of 10% of units for workforce housing (80% MFI or less) and/or fee in lieu for affordable housing. Housing Choice: Expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population (ex: apartments, triplex, granny flat, live/work units, cottage homes, and townhomes) in support of Imagine Austin and the Strategic Housing Blueprint. Mixed Use: Provides mixed use development (minimum 10% residential and 10% non- residential floor area). Culture and Creative Economy: Provides or is located within 0.50 miles of a cultural resource (ex: library, theater, museum, cultural center). 7 of 16B-6C14-2022-0069 Page 8 3 Total Number of “Yes’s” Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Impervious Cover The maximum impervious cover allowed by GR-MU zoning district is 80%, which is based on the more restrictive watershed regulations. Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Onion 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. 8 of 16B-6C14-2022-0069 Page 9 PARD – Planning & Design Review Parkland dedication will be required for the new residential units proposed by this development at the time of subdivision or site plan, per City Code § 25-1-601. Fees in-lieu would be required, and those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). 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. Please note that City Council has directed that commercial uses be considered for parkland dedication requirements. This site may be subject to those requirements at the site of site plan or subdivision. Given the scale of the proposed project, fees may be authorized, if applicable. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. 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. Compatibility compliance will be required along the north and south property lines adjacent to single family residential. • No structure in excess of two stories or 30 feet in height may be constructed within 50 • No structure in excess of three stories or 40 feet in height may be constructed within feet of the property line. 100 feet of the property line. • For a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, height limitation is 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. • For a structure more than 300 feet but not more than 540 feet from property zoned SF-5 or more restrictive, height limitation is 60 feet. • An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from property in an SF-5 or more restrictive zoning district. Austin Transportation Department – Engineering Review The Austin Strategic Mobility Plan (ASMP) calls for 78 feet of right-of-way for Cullen Lane. It is recommended that 14 feet of right-of-way from the existing centerline should be 9 of 16B-6C14-2022-0069 Page 10 dedicated for Cullen Lane according to the Transportation Plan with the first subdivision or site plan application [LDC 25-6-51 and 25-6-55]. 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. Water / Wastewater The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Applicant’s correspondence Notice of Code Violation 10 of 16B-6SP97-0228C IP-CO C14-96-0005 96-0005 ( ( ( ( ( SF-2 C14-02-0178 CHURCH ( ( LO-CO ( N L N O S N A W S ( SF-2 ( ( ( DR 95-0011 SPC-99-0214C SPC 95-0387C SPC-99-0214C P SF-4A-CO CELERY LOOP ( ( ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( C 7 8 3 0 - 5 9 - C P S ( ( M.H. SF-2 ( ( SF-2 ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( M/H ( LI-CO C14-05-0195 UNDEV 05-0195 ( ( ( ( ( ( ( ( ( ( ( ( ( POND SF-4A-CO ( ( ( ( ( DR ( OFFICE 85-093 LI FIBERGLASS SUPPLIER N L L L I H L U F E C A E P CS-CO LI-CO C14-05-0045 05-0045 OFFICE SF-2 ( ( W/LO-CO COMPANY C14-2008-0217 2008-0217 ( GR SF-1 V E D N U 94-99 SF-2 RALPH ABLANEDO DR ( ( ( ( ( 94-46 ( ( SHEP ST ( ( ( ( ( ( ( ( 04-0179 ( ( CS-CO C14-04-0179 VEHICLE\STORAGE N L N E L L U C MH AUTO REPAIR ( ( ( ( ( GR-CO C14-2010-0084 AUTO\AUCTION ( ( ( ( ( ( ( SF-4A-CO ( ( SF-4A-CO ( ( ( ( ( ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( R I C E N LI A T I-RR POND ! ! ! ( ! ! ! ! ! ! WHSE SF-2 ( ! ! ! ! ! ! ! A U T O B O D Y ( U P H O L S T E R Y OFFICE/WAREHOUSE 99-0075 ( ( ( ( ( 5 7 0 0 - 9 9 ( LO-CO ( CS-CO I-SF-4A 2 1 1 0 - 9 9 99-0112 INDO OR S PO RTS & REC ( ( ( ( ( ( ( ( ( CLUB/LODGE I-RR UNDEV 99-2063 LO-CO UNDEV CS-CO 98-0226 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( Y A W T O L L A H S C14-05-0034.SH SP-06-0614DS.SH ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( 86-124 ( ( N L A E P K C H C I ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( AUTO\SALVAGE LI-CO C14-05-0209 05-0209 C14-2008-0050 MF-4-CO C14-2018-0107 ( C14-06-0086 H UBA C H LN ( SP-99-2213C SP-04-0180C 99-0039 OUTSIDE STORAGE WHSES 00-2018 LI-CO INDUSTRIAL\PARK MECHANICAL RECYCLING CONTRACTOR WHAREHOUSES BAR 93-0137 SF-2 URBAN\FARM C14-03-0076 ( 03-0076 TOWING\SERVICES MH 88-0040 99-2001 99-2001 C14-2018-0125 88-040 C14-06-0119 CS-1-CO LOUNGE AUTO\REPAIR AUTO REPAIR C14-04-0105 SP-06-0672C TRU CK PARTS (VAC) UNDEV C14-2014-0071 CS-CO 92-0131 SP-06-0027C TELECOM\TOWER UNDEV 92-060 96-17 N G R E S S A V E S C O UNDEV 92-0130 CS-CO 89-0058 C14-2012-0092 92-0059 UNDEV C14-89-0058 92-0059 S IH 35 S B D S R V B 5 S S IH 3 C14-2020-0139 GR-MU 99-2001 SP07-0055C SP-03-0198C 88-040R.C. UNDEV SP-00-2295C C14-2018-0118 SP-99-0189C C14-96-0017 96-17 99-2007 ( PARKING CONSTRUCTION\SALES/SERVICES GR-CO ( C14-06-0203 06-0203 C14-2019-0162 C14-06-0204 C14-96-0015 C14-2008-0197 2008-0197 00-2119 COMMUN ICATION S ERV ICE 00-2114 AUTO TINTING/SECURITY SYS. ZONING SERV IC E\S TAT IO N GR-CO Exhibit A ZONING CASE#: C14-2022-0069 ( ( POLICE\SUBSTATION FIRE\STATION ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( C14-01-0014 ( ( ( ( ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( 94-46 ( ( SF-4A-CO ( ( ( ( ( ( F R A N C I A T R L ( ( ( SF-4A-CO ( ( N ATA L I S T SF-4A-CO SF-4A-CO ( I-SF-4A ( SF-4A-CO ( ( I-SF-4A SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( T S A N N A ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( S H A N ( I-SF-4A ( ( T S T ( ( ( ( ( ( ( ( ( ( ( W S L A U ( ( I-RR J A C K Y S T OPEN\SPACE I-SF-4A I-SF-4A ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( ( ( I-RR ( ( ( ( R I C N E G VI ( ( ( ( ( ( ( ( ( ( G H T E R L N W S L A U ( ( ( I-SF-4A ( ( G H T E R L N SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY GR-CO C14-05-0171 SF-4A ± 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: 6/7/2022 11 of 16B-6( DR LANDSCAPING W/LO-CO C14-2008-0217 2008-0217 ( N L L L I H L U F E C A E P RALPH ABLANEDO DR ( ( P GR SF-1 94-99 SF-2 V E D N U ( ( ( ( ( ( ( ( ( SF-4A-CO ( ( ( IMPOUND FACILITY LI-CO C14-05-0045 05-0045 CS-CO ( ( ( ( SF-4A-CO ( ( OFFICE 86-124 ( ( ( ( ( ( SF-4A-CO ( ( C14-05-0034.SH ( ( ( ( N L A E P K C H C I ( SF-4A-CO ( ( ( 94-46 ( ( ( ( ( ( ( CS-CO C14-04-0179 VEHICLE\STORAGE 04-0179 LI-CO C14-05-0209 AUTO\SALVAGE 05-0209 N L N E L L U C ( ( ( SF-4A-CO ( ( N ATA L I S T ( ( ( ( ( ( SHEP ST ( ( SF-4A-CO ( ( ( ( ( ( ( ( ( ( ( MH AUTO REPAIR ( SF-4A-CO ( ( ( ( ( F14 ( ( I-SF-4A ( ( ( ( ( ( ( ( ( ( POND ! ! ( SF-2 ! ! ! ! ! ! ! C14-2022-0069 ! G14 ( ! ! ! ! ! ! A U T O B O D Y ( U P H O L S T E R Y OFFICE/WAREHOUSE 99-0075 R CI E N LI A T I-RR ( ( ( ( ( 5 7 0 0 9- 9 ( ( LO-CO CS-CO I-SF-4A 2 1 1 0 9- 9 99-0112 INDOOR SPORTS & REC GR-CO C14-2010-0084 AUTO\AUCTION C14-2020-0139 GR-MU 99-2001 SP07-0055C SP-03-0198C 88-040R.C. C14-03-0076 88-040 C14-2018-0125 C14-04-0105 CS-CO ( ( ( ( ( ( ( VIG E N CIR OPEN\SPACE I-SF-4A ± 1 " = 200 ' CLUB/LODGE I-RR C14-2018-0118 C14-96-0017 UNDEV 8702 Cullen Exhibit A - 1 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2022-0069 8702 Cullen Lane 0.69 Acres G14 Wendy Rhoades 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 completeness. Created: 6/7/2022 12 of 16B-65906 Old Fredericksburg Road Suite 300 Austin, Texas 78749 (512) 301-3389 www.tdi-llc.net July 27, 2022 Wendy Rhoades, Case Manager City of Austin Housing and Planning Department PO Box 1088 Austin, TX 78767-1088 RE: 8702 Cullen Lane, Re-zoning Application C14-2022-0069 Dear Ms. Rhoades: Please accept this letter as formal request that TDI Engineering, LLC intends to modify the re- zoning application submitted Apr 21, 2022. The original application requested the zoning classification be changed to CS to accommodate the existing land use. After our meeting with you on June 17, 2022 and coordination with the neighborhood association, we respectfully request a designation of GR-MU, which is also a good match to the two rezoning cases to GR nearby at 8811 Cullen (GR-MU in 2021) and 9006 Cullen (GR in 2007). Thank you for your time and please do not hesitate to contact me if you have any questions or need any additional information. Sincerely, Carey Bresler, AICP, PMP, LEED AP BD+C Director – Planning Firm Reg. # F-8601 THINK DESIGN innovate, integrate, implement… 1 of 1 13 of 16B-6 City of Austin P.O. Box 1088, Austin, TX, 78767 August 11, 2021 TWO SHADY PARTNERS LLC 2131 THEO DR AUSTIN, TX 78723-5728 RE: 8702 CULLEN LN AUSTIN TX 78748 Locally known as 8702 CULLEN LN AUSTIN TX 78748 Legally described as LOT 1 PRESLEY BARRY A SUBD Zoned as SF-2 Parcel Number 0430090204 Dear TWO SHADY PARTNERS LLC: NOTICE OF VIOLATION Case Number: CV-2020-173320 via Certified Mail #7017 0190 0000 3848 9489 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 512-460-9726 or Donna.Dunn@austintexas.gov. Please reference case number CV-2020-173320. 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 512-460-9726 o enviar un correo electrónico a Donna.Dunn@austintexas.gov. Por favor, consulte caso número CV-2020-173320. 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, Donna Dunn, Austin Code Officer City of Austin Code Department 14 of 16B-6VIOLATION REPORT Date of Notice: August 11, 2021 Code Officer: Case Number: Property Address: Donna Dunn CV-2020-173320 8702 CULLEN LN AUSTIN TX 78748 Locally known as 8702 CULLEN LN AUSTIN TX 78748 Zoned as SF-2 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: Home Occupations (§25-2-900) Description of Violation: A person is prohibited from operating an automotive repair business within a SF-2 residential zoned district. Date Observed: 08/11/2021 Timeframe to Comply: 14 Day(s) Recommended Resolution: Property is zoned SF-2, property needs to be rezoned for commercial use. . 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. 15 of 16B-6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. 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. 16 of 16B-6