Zoning and Platting CommissionJuly 15, 2025

06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 6 - Public Comment 2 — original pdf

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From: To: Subject: Date: Cindy Barron Sirwaitis, Sherri C14-2008-0224(RCT) Monday, July 14, 2025 2:09:57 PM External Email - Exercise Caution The neighborhood of Acres West objects to the applicant's request to terminate the Restrictive Covenants associated with the property at 13642 North US 183 Highway Service Road South Bound. Request to terminate hours of operation from 7:00 AM to 10:00 PM. Removal of this item will result in increased noise and traffic and will have a negative impact on all three adjacent residential neighborhoods surrounding this site. This Restrictive Covenant was negotiated as mitigation for those very impacts. Request to terminate Landscaping Plan Please note that the Landscaping Plan referenced in the Restrictive Covenant has already been replaced by SP-2014-0215C so the request to terminate this portion of the RCT has already been overlooked by the applicant and City reviewers. The new replacement site plan does not address screening and buffering compatibility for the two residential properties abutting the site to the south. Cindy Barron Acres West 13602 Caldwell Drive Austin, TX 78750 (H)512/258-2142 (M)512/567-3928 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 61 of 5 From: To: Subject: Date: Lynne Harrison-David Sirwaitis, Sherri Opposition to Zoning Case C14-2025-0060 and Termination Request C14-2008-0224(RCT) Monday, July 14, 2025 2:14:27 PM External Email - Exercise Caution Thank Sherri for your response to my objection to C14-2025-0032. Although I know that the above is separate (but related, by being the adjacent property) it appears to be the same owner looking for further concessions. With this in mind, I am submitting my Opposition to Zoning Case C14-2025-0060 and Termination Request C14-2008-0224(RCT) ----------------------------------------------------------------------- Location: 13642 N US 183 Hwy NB, Austin, TX Dear Zoning and Platting Commission Members, I am writing to express strong opposition to the requests in zoning case C14-2025- 0060 and the related request to terminate restrictive covenants under C14-2008- 0224(RCT). These combined changes would substantially weaken the land-use controls currently in place and open the property to uses that are incompatible with the surrounding area. While the applicant claims that the zoning districts (GR-CO and GO-CO) will remain unchanged, the proposed removal of conditional overlay restrictions and termination of recorded covenants represents a major shift that should not be approved without detailed impact analysis and broader public input. Objections: 1. Elimination of Key Restrictions without Justification The applicant seeks to reintroduce uses previously removed through zoning and recorded covenants, including: Drive-through restaurants Group homes (Class I & II) Residential treatment centers Indoor entertainment facilities Guidance services and private schools And the removing the ability to restrict business hours from 7am - 10pm. These uses were restricted in 2009 for valid reasons: to protect the area from over- 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 62 of 5 intensification, traffic congestion, and incompatible commercial activity. Neither the staff report nor the applicant has provided sufficient public interest rationale for reinstating these uses or terminating covenants designed to run with the land. 2. Attempt to Terminate a Binding Legal Agreement (C14-2008-0224(RCT)) The restrictive covenant that the applicant now seeks to void was recorded as part of a negotiated compromise with the city and community stakeholders. Allowing its termination undermines the credibility of these planning tools and signals to future applicants that even formal covenants can be discarded for convenience. 3. Community Impact and Precedent Approving both the CO modifications and covenant termination would set a harmful precedent: that zoning conditions and covenants can be weakened years later to serve future redevelopment interests. This undermines neighborhood stability and the integrity of zoning commitments made to the public and the city. 4. Compatibility Concerns Remain Even with a vehicle trip cap and US 183-only access, the uses proposed—such as treatment facilities or 24-hour restaurants—would significantly alter the traffic, noise, and safety character of the area. These impacts are not mitigated by the access restrictions alone. Conclusion: Please deny both the zoning case C14-2025-0060 as submitted and the companion request to terminate the restrictive covenant C14-2008-0224(RCT). Zoning and covenant protections are in place for a reason: to ensure predictable, compatible, and equitable development. Weakening both at once, without strong justification or meaningful mitigation, is not in the public interest. Additionally, we are concerned that this application (C14-2025-0060) is part of a broader trend in our subdivision. A nearby case, C14-2025-0032, proposes changing ½ acre from IRR to multifamily—within our residential area. These cases suggest a coordinated effort to upzone and intensify land use in and around our subdivision. We urge the Commission to consider the cumulative impact on neighborhood character, infrastructure, and traffic, and not review these rezonings in isolation. Thank you for your time and consideration. Sincerely, Lynne Harrison-David 13412 Lois Ln, Austin, 78750 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or 06 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 63 of 5 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 64 of 5 From: To: Subject: Date: Paul Cooper Sirwaitis, Sherri Against Rezoning C14-2008-0224 (RCT) Monday, July 14, 2025 3:33:00 PM [You don't often get email from pcooper@swbell.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] External Email - Exercise Caution Dear Austin Zoning I oppose the rezoning request for C14-2008-0224. Sincerly, Paul Cooper -- Using Opera's mail client: https://gcc02.safelinks.protection.outlook.com/? url=http%3A%2F%2Fwww.opera.com%2Fmail%2F&data=05%7C02%7Csherri.sirwaitis%40austintexas.gov%7Ca859ea7b25864c93c2fb08ddc3159cac%7C5c5e19f6a6ab4b45b1d0be4608a9a67f%7C0%7C0%7C638881219798709190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C60000%7C%7C%7C&sdata=9ohC11LRggVH7K8p1HR2KyB5cqJvWjFh%2B%2FQNYhomgi4%3D&reserved=0 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 65 of 5