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

Zoning and Platting Commission – Aug. 19, 2025

09 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: Granted neighborhood postponement request to August 19, 2025 by consent (7-0, A. Flores, L. Osta-Lugo and L. Stern-absent); D. Fouts-1st, B. Greenberg-2nd. August 19, 2025 CITY COUNCIL ACTION: 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 61 of 36 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) 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 62 of 36 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. 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 63 of 36 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 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 64 of 36 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 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 65 of 36 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 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 66 of 36I-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 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 67 of 36 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 BUFFER1inchequals400'09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 68 of 36EXHIBIT 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 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 69 of 36EXHIBIT D 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 610 of 3609 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 611 of 3609 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 612 of 3609 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 613 of 3609 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 614 of 3609 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 615 of 36From: 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 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 616 of 3613517 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 617 of 36From: To: Subject: Date: Ligia Aragon Sirwaitis, Sherri Case # C14-2008-0224 Saturday, July 12, 2025 11:58:46 AM External Email - Exercise Caution Letter of Opposition: C14-2008-0224 (RCT) July 12, 2025 Dear Sherri, I am writing to express strong opposition to the applicant’s request C14-2008-0224 (RCT) regarding the termination of the public restrictive covenant recorded under Document No. 2010045795. This covenant was established to serve the best interests of the surrounding community, and its provisions are both reasonable and essential for the ongoing protection and quality of life of nearby residents. Preservation of Vegetative Buffers The requirement for landscaped vegetative buffers along interior property lines adjacent to residential development was not an arbitrary stipulation. These buffers serve a vital function in mitigating the impacts of commercial activity on neighboring homes. The vegetative barriers help to: Reduce noise pollution from daily operations, especially during evening and nighttime hours when residents expect tranquility; Minimize light trespass from vehicle headlights, exterior lighting, and signage, which can otherwise disrupt the privacy and comfort of residential properties; Deter trespassers and promote a safer environment by creating a natural boundary between commercial and residential spaces; Enhance the neighborhood’s aesthetic value and contribute to overall environmental quality. Removing the requirement for these vegetative buffers would directly undermine the protections thoughtfully put in place to shield residents from the negative effects of adjacent commercial activities. It is unclear why we would favor the removal of such a crucial safeguard, which was specifically designed to benefit the community. Operational Hour Restrictions Equally concerning is the applicant’s request to terminate the restriction on operational hours, currently limited to 7:00 a.m. to 10:00 p.m. These limitations were adopted as a reasonable compromise between commercial interests and residential well- being. Allowing operations to proceed at all hours would likely result in: Increased noise and traffic during late-night and early-morning hours, disrupting the peace and rest of nearby residents; Greater risk of nuisance activities and public safety concerns associated with 24-hour operations; 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 618 of 36Degradation of the residential character of the surrounding neighborhood. It is difficult to identify any compelling public interest in approving unrestricted, around-the-clock activity on this property, especially at the expense of residential quality of life. Conclusion The original restrictions were established through careful community planning and engagement. They remain just as relevant and necessary today as when they were first adopted. Removing these protections would set a troubling precedent and expose residents to avoidable harm. For these reasons, I urge you to reject the request C14-2008-0224 (RCT) in its entirety, and to uphold the public restrictive covenant in Document No. 2010045795 for the benefit of the community and the integrity of our neighborhood. Thank you for your attention to this important matter. Sincerely, Ligia & Andres Aragon 13412 Lois Ln Austin, Tx 78750 915-329-9093 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 619 of 36From: To: Subject: Date: Janet Taborn Sirwaitis, Sherri Letter of Opposition: C14-2008-0224 (RCT) Friday, July 11, 2025 3:18:52 PM External Email - Exercise Caution July 11, 2025 Dear Sherri, I am writing to express strong opposition to the applicant’s request C14-2008-0224 (RCT) regarding the termination of the public restrictive covenant recorded under Document No. 2010045795. This covenant was established to serve the best interests of the surrounding community, and its provisions are both reasonable and essential for the ongoing protection and quality of life of nearby residents. Preservation of Vegetative Buffers The requirement for landscaped vegetative buffers along interior property lines adjacent to residential development was not an arbitrary stipulation. These buffers serve a vital function in mitigating the impacts of commercial activity on neighboring homes. The vegetative barriers help to: Reduce noise pollution from daily operations, especially during evening and nighttime hours when residents expect tranquility; Minimize light trespass from vehicle headlights, exterior lighting, and signage, which can otherwise disrupt the privacy and comfort of residential properties; Deter trespassers and promote a safer environment by creating a natural boundary between commercial and residential spaces; Enhance the neighborhood’s aesthetic value and contribute to overall environmental quality. Removing the requirement for these vegetative buffers would directly undermine the protections thoughtfully put in place to shield residents from the negative effects of adjacent commercial activities. It is unclear why we would favor the removal of such a crucial safeguard, which was specifically designed to benefit the community. Operational Hour Restrictions Equally concerning is the applicant’s request to terminate the restriction on operational hours, currently limited to 7:00 a.m. to 10:00 p.m. These limitations were adopted as a 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 620 of 36reasonable compromise between commercial interests and residential well-being. Allowing operations to proceed at all hours would likely result in: Increased noise and traffic during late-night and early-morning hours, disrupting the peace and rest of nearby residents; Greater risk of nuisance activities and public safety concerns associated with 24- hour operations; Degradation of the residential character of the surrounding neighborhood. It is difficult to identify any compelling public interest in approving unrestricted, around- the-clock activity on this property, especially at the expense of residential quality of life. Conclusion The original restrictions were established through careful community planning and engagement. They remain just as relevant and necessary today as when they were first adopted. Removing these protections would set a troubling precedent and expose residents to avoidable harm. For these reasons, I urge you to reject the request C14-2008-0224 (RCT) in its entirety, and to uphold the public restrictive covenant in Document No. 2010045795 for the benefit of the community and the integrity of our neighborhood. Thank you for your attention to this important matter. Sincerely, Janet Taborn 13512 Lois Ln Austin, Tx 78750 512-497-4010 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 621 of 36From: To: Subject: Date: CarlosyNancy Sirwaitis, Sherri C14-2008-0224 (RCT) - Opposition Friday, July 11, 2025 4:46:19 PM External Email - Exercise Caution Dear Ms. Sirwaitis,, I am writing to express strong opposition to the applicant’s request C14-2008-0224 (RCT) regarding the termination of the public restrictive covenant recorded under Document No. 2010045795. This covenant was established to serve the best interests of the surrounding community, and its provisions are both reasonable and essential for the ongoing protection and quality of life of nearby residents. Preservation of Vegetative Buffers The requirement for landscaped vegetative buffers along interior property lines adjacent to residential development was not an arbitrary stipulation. These buffers serve a vital function in mitigating the impacts of commercial activity on neighboring homes. The vegetative barriers help to: · Reduce noise pollution from daily operations, especially during evening and nighttime hours when residents expect tranquility; · Minimize light trespass from vehicle headlights, exterior lighting, and signage, which can otherwise disrupt the privacy and comfort of residential properties; · Deter trespassers and promote a safer environment by creating a natural boundary between commercial and residential spaces; · Enhance the neighborhood’s aesthetic value and contribute to overall environmental quality. Removing the requirement for these vegetative buffers would directly undermine the protections thoughtfully put in place to shield residents from the negative effects of adjacent commercial activities. It is unclear why we would favor the removal of such a crucial safeguard, which was specifically designed to benefit the community. Operational Hour Restrictions Equally concerning is the applicant’s request to terminate the restriction on 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 622 of 36operational hours, currently limited to 7:00 a.m. to 10:00 p.m. These limitations were adopted as a reasonable compromise between commercial interests and residential well-being. Allowing operations to proceed at all hours would likely result in: · Increased noise and traffic during late-night and early-morning hours, disrupting the peace and rest of nearby residents; · Greater risk of nuisance activities and public safety concerns associated with 24- hour operations; · Degradation of the residential character of the surrounding neighborhood. It is difficult to identify any compelling public interest in approving unrestricted, around-the-clock activity on this property, especially at the expense of residential quality of life. Conclusion The original restrictions were established through careful community planning and engagement. They remain just as relevant and necessary today as when they were first adopted. Removing these protections would set a troubling precedent and expose residents to avoidable harm. For these reasons, I urge you to reject the request C14-2008-0224 (RCT) in its entirety, and to uphold the public restrictive covenant in Document No. 2010045795 for the benefit of the community and the integrity of our neighborhood. Thank you for your attention to this important matter. Sincerely, Carlos Canedo 13513 Caldwell Drive Austin, TX 78750 281-599-3311 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 623 of 36From: 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 624 of 36From: 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- 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 625 of 36intensification, 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 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 626 of 36opening 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 627 of 36From: 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 628 of 36From: To: Subject: Date: kaysart@sbcglobal.net Sirwaitis, Sherri C14-2008-0224 Opposition Tuesday, July 15, 2025 12:18:53 PM External Email - Exercise Caution July 11, 2025 Dear Sherri, I am writing to express strong opposition to the applicant’s request C14-2008-0224 (RCT) regarding the termination of the public restrictive covenant recorded under Document No. 2010045795. This covenant was established to serve the best interests of the surrounding community, and its provisions are both reasonable and essential for the ongoing protection and quality of life of nearby residents. Preservation of Vegetative Buffers The requirement for landscaped vegetative buffers along interior property lines adjacent to residential development was not an arbitrary stipulation. These buffers serve a vital function in mitigating the impacts of commercial activity on neighboring homes. The vegetative barriers help to: Reduce noise pollution from daily operations, especially during evening and nighttime hours when residents expect tranquility; Minimize light trespass from vehicle headlights, exterior lighting, and signage, which can otherwise disrupt the privacy and comfort of residential properties; Deter trespassers and promote a safer environment by creating a natural boundary between commercial and residential spaces; Enhance the neighborhood’s aesthetic value and contribute to overall environmental quality. Removing the requirement for these vegetative buffers would directly undermine the protections thoughtfully put in place to shield residents from the negative effects of adjacent commercial activities. It is unclear why we would favor the removal of such a crucial safeguard, which was specifically designed to benefit the community. Operational Hour Restrictions Equally concerning is the applicant’s request to terminate the restriction on operational hours, currently limited to 7:00 a.m. to 10:00 p.m. These limitations were adopted as a 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 629 of 36reasonable compromise between commercial interests and residential well-being. Allowing operations to proceed at all hours would likely result in: Increased noise and traffic during late-night and early-morning hours, disrupting the peace and rest of nearby residents; Greater risk of nuisance activities and public safety concerns associated with 24- hour operations; Degradation of the residential character of the surrounding neighborhood. It is difficult to identify any compelling public interest in approving unrestricted, around- the-clock activity on this property, especially at the expense of residential quality of life. Conclusion The original restrictions were established through careful community planning and engagement. They remain just as relevant and necessary today as when they were first adopted. Removing these protections would set a troubling precedent and expose residents to avoidable harm. For these reasons, I urge you to reject the request C14-2008-0224 (RCT) in its entirety, and to uphold the public restrictive covenant in Document No. 2010045795 for the benefit of the community and the integrity of our neighborhood. Thank you for your attention to this important matter. Sincerely, Kay Martin 13604 Caldwell Dr #74 Austin, Tx 78750 512-656-4796 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 630 of 36 From: To: Cc: Subject: Date: Rosie Johnson Sirwaitis, Sherri Rosie Johnson Stepping Stone School"s Opposition to Zoning Cases C14-2025-0060 and C14-2008-0224 (RCT) Tuesday, July 15, 2025 9:43:30 AM External Email - Exercise Caution 7/15/2025 Dear Ms. Sirwaitis, I am writing to express strong opposition to zoning case C14-2025- 0060 and the proposed termination of the public restrictive covenant under C14-2008-0224 (RCT). On behalf of Stepping Stone School, a respected early childcare and education organization that has served families in Austin for 45 years, I urge the City of Austin and the Planning Commission to deny these requests. Stepping Stone School has maintained a presence in this neighborhood for more than 35 years, operating two schools nearby, one on Hymeadow and the other on Woodland Village, that care for and educate young children daily. Our families rely on us to provide a safe, peaceful, and stable environment for their children, and they rely on this neighborhood to support that mission. The proposed changes raise serious concerns for our schools, the families we serve, and the surrounding residential area: The removal of the conditional overlay and restrictive covenant is deeply concerning. It would allow disruptive commercial uses—such as 24-hour operations, group homes, indoor entertainment venues, and general restaurants—to operate directly next to our schools and the homes of the families we serve. These types of businesses are not compatible with the daily needs of young children. At Stepping Stone School, we work to create an environment rooted in consistency, safety, and calm conditions that are essential for healthy child development. Introducing late-night operations or adult-focused businesses near our schools would compromise the peaceful environment our families and children rely on every day. The proposed elimination of the vegetative buffer requirement would remove a vital safeguard that currently protects our school environments. These buffers are not just decorative—they serve as a physical and visual shield from the noise, traffic, and disruptions of surrounding commercial activity. Children in our care play outside 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 631 of 36daily, walk to and from our buildings with their parents, and thrive best in spaces that feel safe and separated from external chaos. Removing this barrier would expose children to unnecessary distractions and risks, and shows a disregard for the well-being of the youngest and most vulnerable members of the community. The inclusion of uses like group homes, residential treatment facilities, and guidance services may increase transient activity and attract individuals experiencing homelessness or instability near our schools. This raises serious safety concerns for the children in our care and the families who trust us to protect them. As a childcare provider who has long served this neighborhood, I can say with certainty that these changes are not in the best interest of children or families. They directly undermine the sense of safety, trust, and routine that is essential to early education and child development. Furthermore, our neighborhood is already facing challenges—such as increased incidents of people working on vehicles in residential areas—that contribute to noise, traffic, and safety concerns. As a childcare provider, I see firsthand how these disruptions affect children’s ability to feel secure and focused. Approving these zoning changes would only worsen those conditions, further disrupting the calm, family-friendly environment that young children need for healthy development. These disruptions are not just inconvenient—they are harmful to the daily routines, emotional security, and overall well-being of the children and families we serve. The current zoning and protections were established through meaningful community engagement and were put in place to safeguard the character and safety of this neighborhood. There is no justifiable reason to reverse them now—especially when the proposed changes bring no tangible benefit to the surrounding community, only added risk and disruption. As an educational provider with deep roots in this community, I respectfully ask that the City uphold the existing restrictions and protect the integrity of the neighborhood we’ve called home for more than three decades. Thank you for your time and consideration. Warm regards, Rosie Johnson Business & Operations Associate www.steppingstoneschool.com 1910 Justin Lane | Austin, TX 78757 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 632 of 36O: 512-459-0258 F: 512-467-1824 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 633 of 36From: To: Subject: Date: Starr West Sirwaitis, Sherri Letter of Opposition: C14-2008-0224 (RCT) Friday, July 18, 2025 3:04:57 PM External Email - Exercise Caution Dear Sherri, I am writing to express strong opposition to the applicant’s request C14-2008-0224 (RCT) regarding the termination of the public restrictive covenant recorded under Document No. 2010045795. This covenant was established to serve the best interests of the surrounding community, and its provisions are both reasonable and essential for the ongoing protection and quality of life of nearby residents. Preservation of Vegetative Buffers The requirement for landscaped vegetative buffers along interior property lines adjacent to residential development was not an arbitrary stipulation. These buffers serve a vital function in mitigating the impacts of commercial activity on neighboring homes. The vegetative barriers help to: Reduce noise pollution from daily operations, especially during evening and nighttime hours when residents expect tranquility; Minimize light trespass from vehicle headlights, exterior lighting, and signage, which can otherwise disrupt the privacy and comfort of residential properties; Deter trespassers and promote a safer environment by creating a natural boundary between commercial and residential spaces; Enhance the neighborhood’s aesthetic value and contribute to overall environmental quality. Removing the requirement for these vegetative buffers would directly undermine the protections thoughtfully put in place to shield residents from the negative effects of adjacent commercial activities. It is unclear why we would favor the removal of such a crucial safeguard, which was specifically designed to benefit the community. Operational Hour Restrictions Equally concerning is the applicant’s request to terminate the restriction on operational hours, currently limited to 7:00 a.m. to 10:00 p.m. These limitations were adopted as a reasonable compromise between commercial interests and residential well-being. Allowing operations to proceed at all hours would likely result in: 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 634 of 36Increased noise and traffic during late-night and early-morning hours, disrupting the peace and rest of nearby residents Greater risk of nuisance activities and public safety concerns associated with 24- hour operations Degradation of the residential character of the surrounding neighborhood It is difficult to identify any compelling public interest in approving unrestricted, around- the-clock activity on this property, especially at the expense of residential quality of life. Conclusion The original restrictions were established through careful community planning and engagement. They remain just as relevant and necessary today as when they were first adopted. Removing these protections would set a troubling precedent and expose residents to avoidable harm. For these reasons, I urge you to reject the request C14-2008-0224 (RCT) in its entirety, and to uphold the public restrictive covenant in Document No. 2010045795 for the benefit of the community and the integrity of our neighborhood. Thank you for your attention to this important matter. Sincerely, Starr West Cottages at Lake Creek 13604 Caldwell Dr, #35 Austin, TX 78750 512-565-8044 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 635 of 36From: To: Subject: Date: Janis Brown Sirwaitis, Sherri C14-2008-0224 (RCT) request Tuesday, July 15, 2025 2:51:22 PM External Email - Exercise Caution Hi please let it be known that i am not in favor of the upcoming zoning change and expect you and the council will consider the wishes of current residents. I will be watching the results of the vote today! Thank you, Janis Brown 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". 09 C14-2008-0224(RCT) - AE Medical & Retail Amendment; District 636 of 36