06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 6 - Staff Report

Zoning and Platting Commission – July 15, 2025

06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 6 - Staff Report — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2008-0224(RCT) – AE Medical & Retail RCT DISTRICT: 6 ADDRESS: 13642 North US 183 Highway Service Road South Bound OWNER/APPLICANT: Austintatious Enterprises, LLC AGENT: Central Texas Permit Partners, LLC (Tisha Ritta) ZONING: GR-CO, GO-CO AREA: 4.365 acres REQUEST: The applicant is requesting the termination of the public restrictive covenant recorded under Document No. 2010045795 that imposes restrictions on the property that limit the operational hours to between 7:00 a.m. and 10:00 p.m. and requires the installation of landscaped vegetative buffers along interior property lines adjacent to residential development. CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends the proposed public restrictive covenant termination. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: July 15, 2025 CITY COUNCIL ACTION: 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 61 of 17 DEPARTMENT COMMENTS: In this case, the applicant is requesting to terminate a public restrictive covenant that was recorded in 2010 in association with zoning case C14-2008-0224. The applicant is asking to delete this restrictive covenant to remove restrictions on the property that limit the operational hours to between 7:00 a.m. and 10:00 p.m. and require the installation of landscaped vegetative buffers along interior property lines adjacent to residential development (please see Applicant’s Request Letter - Exhibit C and Original Restrictive Covenant – Exhibit D). The staff recommends the applicant’s request to remove the conditions of this public restrictive covenant because the property in question is currently developed with an office/retail center that fronts onto and takes access to U.S. Highway 183. The Law Department has advised that city no longer recommends limiting the hours of operation of businesses and implementing landscape buffers through public restrictive covenants. The applicant agrees with the staff’s recommendation. EXISTING ZONING AND LAND USES: ZONING Site GR-CO, GO-CO North I-SF-2, LO LAND USES Retail Center (Spicewood Centre: Spicewood Dermatology, Capital Therapy Group, Edward Jones, STA, Inc., Cure Bakery Coffee, Six Blades, Jiu-Jitsu) Personal Services (Artist’s Hair Studio), Personal Improvement Services (Iron Ankles Fitness) South I-RR, SF-2, GR-CO Undeveloped, Detention Pond, Medical Office (Firehouse Animal Health Center, Austin Dentistry, Austin Children’s Dentistry, Austin Family Orthodontics) U. S. Highway 183/Research Boulevard Single-Family Residences East West ROW I-SF-2 AREA STUDY: N/A WATERSHED: Lake Creek CAPITOL VIEW CORRIDOR: N/A HILL COUNTRY ROADWAY: N/A NEIGHBORHOOD ORGANIZATIONS: Acres West Homeowners Association, Friends of Austin Neighborhoods, Long Canyon Homeowners Assn., Mountain Neighborhood Association (MNA) 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 62 of 17 AREA CASE HISTORIES: NUMBER C14-2025-0032 (Acres West Lot 20 Rezone: 13608 Caldwell Drive) C14-2022-0204 (Gemini School of Visual Arts) REQUEST I-RR to SF-6 I-SF-2 to GO I-RR to LO C14-2013-0150 (Bethany United Methodist Church: 9908- 10010 Anderson Mill Road) CS-CO, I-RR to CS-MU-CO C14-2013-0012 (Hooper Communities: 9710-9718 Anderson Mill Road) CITY COUNCIL 9/29/2022: Approved GO-CO zoning by consent on all 3 readings (9-0, N. Harper- Madison and V. Fuentes-off dais); L. Pool-1st, P. Ellis-2nd. 2/13/2014: Approved LO-CO zoning on consent on 1st reading (6-0, S. Cole-off dais); B. Spelman-1st, C. Riley-2nd. 5/15/2014: Approved LO-CO zoning, with conditions, on consent on 2nd/3rd readings (7- 0); B. Spelman-1st, M. Martinez-2nd. 6/20/13: Approved CS-MU- CO zoning on consent on all 3 readings (7-0); C. Riley-1st, B. Spelman-2nd. COMMISSION 7/01/2025: Postponed to August 19, 2025 at the neighborhood’s request by consent (7-0, A. Flores D. Fouts and T. Major- absent); B. Greenberg-1st, C. Tschoepe-2nd. 9/06/2022: Approved staff's recommendation of GO zoning, adding a conditional overlay to prohibit Convalescent Services, Hospital Services (General and Limited) and Printing and Publishing uses on the property (8-0, C. Acosta, A. Denkler and R. Woody-absent); H. Smith- 1st, B. Greenberg-2nd. 1/21/14: Approved staff’s recommendation of LO-CO zoning by consent (5-0, J. Meeker & P. Seeger-absent); R. McDaniel-1st, S. Compton- 2nd. 6/04/13: Approved staff’s recommendation of CS-MU-CO zoning with the following additional conditions agreed to by the applicant and the neighborhood as read into the record: 1) Under the ‘MU’ Combining District-prohibit civic uses, multi-family residential use and short-term rentals; 2) Limit the maximum height to two stories (30 ft.); 3) Limit the maximum density to 60 dwelling units or 12 per acre and 4) Note that the Buyer has agreed to prohibit 2nd floor open space (balconies) through a private restrictive covenant (6-0, G. Rojas-absent); P. Seeger-1st, S. Compton-2nd. 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 63 of 17 5/27/10: — The City Council added additional prohibited uses to Tract 1: consumer convenience services, funeral services, hotel, motel, restaurant general and hospital services on Tract 2. Vehicular access to Caldwell was also prohibited. 6/24/10: Ordinance No. 20100624-107 for general office-conditional overlay (GO-CO) combining district zoning and community commercial-conditional overlay (GR-CO) combining district zoning was approved on consent on Council Member Spelman's motion, Council Member Shade's second on a 7-0 vote. 7/28/2005: Granted GR-CO zoning on all 3 readings (7-0) C14-2010-0009 (13642 Research Boulevard) C14-2008-0224 (13642 Research) I-SF-2 and SF-2 to GR and GO Case closed. SF-2, Unzoned to GO-CO, GR- CO 4/20/10: Approved staff’s recommendation with additional conditions: • removal of Counseling Services as a prohibited use • removal of prohibited access to Caldwell Drive as a condition of zoning • limit access to 183 frontage and to the existing joint use access to the tract to the immediate South of the subject property SF-2 to GR C14-05-0043 (Warren Broz: U.S. Highway 183 North at Caldwell Drive) 6/07/05: To approve GR-CO zoning; prohibiting all the uses offered by the applicant as follows: Bail Bond Services, Business or Trade School, Commercial Off-Street Parking, Services, Communications Financial Services, Food Sales, Funeral Services, Hotel – Motel, Indoor entertainment, Indoor Sports & Recreation, Outdoor Sports & Recreation, Pawn Shop Services, Restaurant Station, (General), Theater, College & University Facilities, Counseling Services, Guidance Services, Hospital Services Limited, Public & Private, Primary & Secondary Education Services, Residential Treatment and Urban Farm. In addition, prohibit the following uses: Drop-Off additional Service 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 64 of 17 Recycling Collection Facility, Services, Exterminating Automotive Rentals, Automotive Repair Services, Automotive Sales, Automotive Washing (of any type), Daycare (Commercial), Services (General), Daycare Services Daycare Services (Limited), Drive- through Services and include the conditions set out by staff relative to a 2,000 vehicle trip limit and no curb cuts onto Caldwell until the pavement is improved (9-0); K. Jackson-1st, J. Martinez-2nd. RELATED CASES: C14-2008-0224 - Previous Rezoning Case C8-2010-0017.0A – Subdivision Case SP-2010-0027, SP-2024-0215C – Site Plan Cases OTHER STAFF COMMENTS: Comprehensive Planning The initiation, termination or amending of a Restrictive Covenant is not under the purview of the policies of the Imagine Austin Comprehensive Plan and therefore an Imagine Austin compliance report has not been provided for this case. Environmental Please explain the purpose of the landscaping vegetated buffers called for in the restrictive covenant. Fire No review required. Parks and Recreation Parkland dedication fees may apply to any future site or subdivision applications on this site that are resulting from this removal of restrictive covenant. As of January 1, 2024, new 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 65 of 17 commercial non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. Site Plan Approved. No comments. Transportation No comments. Water Utility No review required. INDEX OF EXHIBITS TO FOLLOW A: Case Map B. Aerial Map C. Applicant’s Request Letter D. Restrictive Covenant 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 66 of 17I-RR C14-99-2112 GR-CO O F F I C E C O M P L E X APARTMENTS MF-3 C14-2014-0195 M E L L O W M E A D O W D R LO 1 - 1 8 3 6 B A N K F O I-RR APARTMENTS C14-2014-0048 GO 98-0271 GR C14-98-0271 H Y M E A D O W D R CS-1-CO C14-06-0006 C14-2017-0072 1 1 0 - 8 9 C 7 A - HOTEL I-RR 2 6 RESTAURANT GR C14-03-0145 GR-CO 8 1 - 0 1 0 C14-99-0020 RESTAURANT C14-2012-0129 I-SF-2 I-SF-2 EXHIBIT A I-RR K D R E E R C R E P C O P APARTMENTS 7 E F I C 7 8 -0 7 GR 1 - 1 8 R LO I-RR SF-2 APARTMENTS I-RR W D R S P-0 6-0 3 0 9 D M E DIC A L O F FIC E S I-RR O E A D I-SF-2 M H Y C14-2018-0073 LO C14-2015-0158 ( ( C14-96-0022 GR-CO GO-CO C14-2007-0170 ( ( ( ( ( ( ( ( ( ( ( ST LR DAY CARE ( H I D D E N N U S ! 1 8 3 M E A D M E D . ! 82-97 ! LO ! SF-2 OFF. ! AUTO\SA LE S ! SPA GIFT ( ( ( ( ( I-SF-2 ( D L A N D VIL L A G E D R ( ( ( ( ( ( ! ( ( ( ! ! GR-CO ! ! C14-2010-0009 C14-2008-0224 ! ! ! O W ! H W Y ! T O N 1 8 3 ! S V R D S B S B R A M P ( ! GO-CO ! C14-05-0043 1 3 1 N U S 1 8 3 H W Y N B ! ! ! ! ! ! !! ! ! ! ! ! ! 05-0043 ! ! ( 93-0033 ( LO C A L D W E L ( L D R ( ( ( 90-05 1 7 9 - 1 2 7 7 9 -2 3 4 1 5 - 0 9 7 9 - 1 0 I-SF-2 C14-2022-0204 GO-CO SF-2 D E N M E A D SF-2 HID W O O D I B I S R W D O ( O O W I-SF-2 C I R BLUE MARTIN DR C14-2016-0009 GR 8 6 - 01-0165 CS-CO C14-99-0019 HOTEL OFFICE ( R U C T I O N ) T ( ( ( I-RR ( U N D E R C O N S OFFICE/ WHSE GR-CO C14-00-2105 I-SF-2 P O N D SP-01-0339C S P R I N SF-2 7 7 - 7 9 G S R D UNDEV CS-MU-CO C14-2014-0154 C14-2021-0142 C14-98-0086 DAY CARE GR-CO 7 9 - 1 6 4 C14-03-0104 GR N U S I N S . CS 1 8 3 8 5 - 3 6 5 H W Y S V R D GR N B AUTO DEALERSHIP I-RR I-RR 01-0155 C14-01-0155 C14-02-0059 GR-CO 8 3 - 1 5 4 I-SF-2 LR 8 1 - 0 8 8 SF-2 00-2054 I-RR 99-2139 W/LO-CO CS-CO C14-01-0165 01-0165 C14-2021-0143 C14-2014-0059 CS-1-CO C14-03-0180 GR-CO C14-2010-0028 LI-CO C14-05-0192 05-0192 A N D E R S O N M I L L R D GR-CO I-SF-2 R O B I N R I D G E L N I-SF-2 I-SF-2 ( ( I-SF-2 ( ( ( ± I-SF-2 I-SF-2 I-RR SP-05-1466C SF-2 ( ( ( ( ( ( ( SF-2 ( ( L O I S L N ( ( ( SF-2 ( ( SHOPPING CENTER GR 96-0440cs N U S 1 8 3 H W Y S B P E T 78-159 80-220 S W A L L O W D R ( ( ( LO-CO C14-2013-0150 SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY LO-CO C14-2007-0191 CS-MU-CO C14-2013-0012 C14-2008-0234 DR CS-1 Restrictive Covenant Termination ZONING CASE#: C14-2008-0224(RCT) GR 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 Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 5/7/2025 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 67 of 17 EXHIBIT B !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(C14-2008-0224(RCT)C14-00-2105C14-2014-0195C14-2010-0009C14-2008-0224C14-99-0020C14-99-0019C14-98-0271C14-01-0155C14-2013-0012C14-2008-0234C14-03-0104C14-2007-0191C14-2014-0048C14-2018-0073C14-2015-0158C14-06-0006C14-03-0180C14-2012-0129C14-98-0086C14-05-0043C14-2016-0009C14-2017-0072C14-2014-0154C14-2021-0142C14-05-0192C14-96-0022C14-03-0145C14-2010-0028C14-02-0059C14-01-0165C14-2013-0150C14-2007-0170C14-2022-0204C14-99-2112C14-2014-0059C14-2021-0143C14-98-0272NUS183HWYSBNUS183HWYNBLOISLNNUS183HWYSVRDSBNUS183HWYSVRDNBHYMEADOWDRWOODLANDVILLAGEDRHIDDENMEADOWDRCALDWELLDRPONDSPRINGSRDMELLOWMEADOWDRROBINRIDGELNHIDDENMEADOWTON183SBRAMPCOPPERCREEKDRPONDWOODSRDNUS183NBTOPONDSPGRAMPANDERSONMILLRDSWALLOW DRWAXWINGCIRSHADYOAKSDRSCISSORTAILDRBLUEMARTINDREGRETCIRWOODIBISCIRHYMEADOWDRANDERSONMILLRDI-RRGRI-RRI-RRSF-2LOI-RRI-RRMF-3I-SF-2I-SF-2SF-2I-RRI-RRGRI-RRSF-2SF-2GR-COI-RRSF-2I-RRCS-COI-SF-2SF-2LOGOGRI-SF-2I-SF-2GR-COGR-COI-SF-2GR-COGRGR-COLOGO-COLO-COW/LO-COI-SF-2CS-MU-COGRI-RRGR-COCS-1-COI-SF-2GR-COCS-MU-COI-RRLOGRLI-COCS-COI-SF-2I-SF-2LRGR-COLRI-SF-2GO-CODRI-SF-2SF-2GRLO-COSF-2LOGRCS-1-COCS-1GO-COSF-2GR-COCSI-SF-2AE MEDICAL & RETAIL ZONING AMENDMENT±This product has been produced by Planning Department for the sole purpose of geographic reference. No warranty ismade by the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:MANAGER:C14-2008-0224(RCT)13642 N US 183 Hwy Svrd SB4.37 AcresSherri SirwaitisCreated: 5/14/2025SUBJECT TRACTZONING BOUNDARY!!!!!PENDING CASECREEK BUFFER1inchequals400'06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 68 of 17EXHIBIT C February 20, 2025 Ms. Lauren Middleton-Pratt, Planning Director City of Austin Planning Department Permitting and Development Center (PDC) 6310 Wilhelmina Delco Drive Austin, TX 78752 Re: AE Medical & Retail - Zoning Amendment (Request for Restrictive Covenant Termination) Dear Middleton-Pratt: As the authorized agent for Austintatious Enterprises, LLC (“Owner”), I am submitting the enclosed Zoning Amendment application and supporting documentation for your review. The subject property, legally described as Lot 1 of the Cathyville Subdivision, consists of approximately 4.365 acres across two tracts, as recorded in the Plat Records of Williamson County. We are formally requesting the termination of the Restrictive Covenant recorded under Document No. 2010045795 in the Official Public Records of Williamson County, Texas. This covenant currently imposes two key restrictions on the property: 1. Limitation on Business Hours The existing Restrictive Covenant limits operational hours to between 7:00 AM and 10:00 PM. We are requesting removal of this restriction to allow for extended business hours, accommodating uses such as private tutoring centers and sleep clinics that may require flexibility beyond the current limitations. 2. Landscaped Vegetative Buffers The covenant also requires the installation of landscaped vegetative buffers along interior property lines adjacent to residential development. All landscape and mitigation requirements from the previously approved Site Plan Permit (SP-2010-0027) have already been fulfilled during Phase 1 of construction for the 11 residential lots adjacent to the northeastern boundary of the site. Additionally, an updated landscape and mitigation plan has recently been approved under Site Plan Permit SP-2024-0215C to address the southwest abutting residential lots. If the Land Use Commission prefers to retain this buffer requirement, we respectfully suggest incorporating it into the revised zoning ordinance, rather than maintaining it within a separate Restrictive Covenant. This approach will align the requirement with the current zoning framework and simplify future compliance and enforcement. A rezoning application has been submitted concurrently to modify the list of prohibited uses for this site, and the Owner is fully amenable to including the buffer requirement within the updated ordinance language. We appreciate your time and consideration of this request. Please feel free to reach out if any questions arise or if additional information is needed. We look forward to working with you throughout this process. Respectfully, Tisha Ritta Tisha Ritta Central Texas Permit Partners Tisha@permitpartnerstx.com 512.937.0073 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 69 of 17EXHIBIT D 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 610 of 1706 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 611 of 1706 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 612 of 1706 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 613 of 1706 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 614 of 1706 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 615 of 17From: To: Subject: Date: Michael Stark Sirwaitis, Sherri C14-2008-0224(RCT) Comments Tuesday, July 8, 2025 12:17:21 PM External Email - Exercise Caution Sherri- Regarding C14-2008-0224(RCT), we are against the termination/amendment of the restrictive covenant regarding Document No. 2010045795. Our neighborhood does not want a business, medical office, commercial space, etc. operating outside of the 7:00am-10:00pm business hours. We are a residential neighborhood and we do not need additional parking, lighting pollution, noise, etc. affecting our Acres West neighborhood. Also, we do not want an entryway along Caldwell Drive into any new development. Any entry to any business, etc. should be from the US183 Southbound frontage road. Additionally, we are opposed to removing any vegetation along Caldwell Drive. We want to enforce the current covenant of requiring the installation of landscaped vegetative buffers along interior property lines adjacent to a residential development, i.e. Acres West. We do not want to turn our quiet residential neighborhood into a business/office area. The current covenant in place is there because of our Acres West neighborhood. The applicant making the change request should know what zoning and covenants were in place when he originally purchased the property. He should not change the rules in the middle of the game so that he can monetize his land to the detriment of others. He knew the risks when he purchased the land. That is the nature of the private sector. The neighborhood concerns regarding the environment of where we live should take precedence. Thank you. Regards, Mike & Cecelia Stark 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 616 of 1713517 Caldwell Drive CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 617 of 17