project name: 1414w. oltorf case manager:...

Project Name: 1414W. Oltorf Case Manager: Andrew Moore

Team: 7Qfl yc

Date Filed: Nov 2,2015Case Number: C14-2015-0146

Update #: 0 Date Dist: Nov 03, 2015

Comment Due Date: NOV 24, 2015

Discipline

DSD Transportation Review

NPZ Austin Water Utility Review

NPZ Environmental Review

NPZ Legal Department Review

NPZ Mapping Review

NPZ Site Plan Review

NPZ Zoning Review

NPZ Comprehensive Planning Review

Name

Natalia Rodriguez TPC Q_epur 15Neil Kepple

Mike Mcdougal

Y’(ohek \—bompsunMapping Review

Rosemary Avila

Andrew Moore

Kathleen Fox

Pkndrei

o13 1/0312015 16:04

Report run on: 11/3/2015

TO:

FROM: SITE PLAN REVIEW DIVISION CASE #: C14-2015-0146TYPE/SUBTYP Zoning/Rezoning/

PROJECT: 1414 W Oltorf

LOCATION: 1414W OLTORF ST

CASE MANAGER: Andrew Moore PHONE: 512-974-7604

FILED FOR UPDATE. Nov 2, 2015 COMMENT DUE DATE NOV 24! 2015

TENTATIVE PC DATE: REPORT DATE:

TENTATIVE CC DATE:

LAND USE:

AREA: 4.247 ACRES (SQ FT) LOTS

EXISTING ZONING: CS; SF-3 CS-CD, CS-MU-V-CO

EXISTING USE:

TRACT ACRES/SQFT PROPOSED ZONING PROPOSED USE

CS-MU-CO. CE

WATERSHED: West Bouldin Creek!!

COUNTY: TRAVIS

JURISDICTIO FULL PURPOSE Full-Purpose Urban Watersheds

GRIDS: WATER: COA

GRIDS: ELECTRIC: COA

GRIDS: SEWERAGE: COA

GRIDS:

PROPERTY DESCRIPTION:

PLAT 0401061307

DEED REFERENCE:

VOL/PAGE /

LEGAL DESCRIPTION:Lot: 11 Block: 1 Subdivision: FREDERICKSBURG ROAD ACRES. RESUB OF LOTS 4 & 5 BLK 1RELATED CASES (if any):

CONTACTS:

of 3 /03/2015 16:04

Applicant METCALFE, WOLF, STUART & WILLIAMS, LLF 512-404-2200221 W 6TH ST SUITE 1300 AUSTIN TX 78701

CONTACT: Michele Rogerson Lynch

Owner JSTRAIN, LLC 512-965-1369900 BLUEBONNET LN AUSTIN TX 78704

CONTACT: Scott Trainer

Billed To JSTRAIN, LLC 512--P0 BOX 160896 AUSTIN TX 78716

CONTACT:

of 3 11/03/2015

ZONING

PROJECT INFORMATIONAPPLICATION FOR ZONING

Is Demolition proposed? Yes

If yes, how many residential units will be demolished? 2 Unknown_________

Type of Residential Unit: SF, duplex, triplex, townhouse/condos! multi-family, manufactured homes SF

Number of Proposed Residential units (if applicable): N/A If Yes, How many?

1 Bedroom 2 Bedroom

3 Bedroom Affordable 4 or more Bedroom Affordable Unknown

AREATO BE REZONED:ACRES -eR--SOFT

— ) SEE ATTACHMENT

Existing Existing Tract # # of Acres/SF Max # of ResZoning Use Units Per Acre

Proposed Proposed Tract # Proposed # Max # of Res Proposed Total

Zoning Use of Acres/SF UnftsPerAcre #ofUnftsPerAcre

Name of Neighborhood Plan: Not in approved neighborhood plan

OTHER PROJECT DATA

OWNER’S NAME: JSTRAIN LLC

PROJECT NAME: 1414 W. Oltorf

PROJECT STREETADORESS (or Range): 1404, 1408. 1412. 1414W. Oltorf& 2043 South Lamar Blvd

ZIP 78704 COUNTY: Travi

If project address cannot be defined, provide the following information:THE OF______________________________ APPROXIMATELY

Frontage ft. (N,S,E,W) Frontage roadFROM ITS INTERSECTION WITH

Distance Direction Cross streetTAX PARCELNUMBER(S):303111

303120: 303121: 303113: 303112

Page 7 of 19 April 2013

RELATED CASES

NEIGHBORHOOD PLAN AMENDMENT(YES /NO) FILE NUMBER:

ACTIVE ZONING CASE (YES/NO) FILE NUMBER:

RESTRICTIVE COVENANT (y.INO) FILE NUMBER: 2011158382

SUBDIVISION (YES/NO) FILE NUMBER:

SITE PLAN (YES/NO) FILE NUMBER:

PROPERTY DESCRIPTION SEE ATTACHMENT(For the portion affected by this application) Provide either subdivision reference OR metes & bounds description.

1. SUBDIVISION REFERENCE: Name:

2. METES AND BOUNDS (Attach two copies of certified field notesFlLE NUMBER:____________________________

DEED REFERENCE OF DEED CONVEYING PROPERTY TO THE PRESENT OWNER:

VOLUME: PAGE: OR DOCUMENT#

SQ. FT: or ACRES___________ SEE ATTACHMENT

Is this a SMART Housing Project? Yes No

If residential, is there other Tax Credits or Local/State/Federal funding? Yes No

OTHER PROVISIONS

IS A VARIANCE TO THE SIGN ORDINANCE BEING REQUESTED? YES / 4QIS PROPERTY IN A COMBINING DISTRICT / OVERLAY ZONE? YES I NO

TYPE OF COMBINING DISTIOVERLAY ZONE (NP, NCC, CVC,WO, etc)______________________________NATIONAL REGISTER DISTRICT? YES / NOURBAN RENEWAL ZONE? YES / NQIS A TIA REQUIRED? YES/ NO TRIPS PER DAY:________________________

GRID NUMBER(S) H20

WATERSHED: West Bouldin Creek WS CLASS: Urban

WATER UTILITY PROVIDER: Austin Water Utility

WASTEWATER UTILITY PROVIDER: Austin Water Utility

ELECTRIC UTILITY PROVIDER: Austin Energy

SCHOOL DISTRICT: AISD

OWNERSHIP INFORMATION

TYPE OF OWNERSHIP _SOLE _COMMUNITY PROPERTY_PARTNERSHIft&CORPORATION_TRUSTIf ownership is other than sole or community property, list the individuals, partners, principals, etc. below or attach aseparate sheet.

Page8afl9 Aprfl2Ol3

ZONING

Watershed Protection and Development Review DepartmentCITY OF AUSTIN

TRAFFIC IMPACT ANALYSIS (TIA) DETERMINATION WORKSHEET

APPLICANT MUST FILL IN WORKSHEET PRIOR TO SUBMITTING FOR TIA DETERMINATION

PROJECT NAME: Market TIA

LOCATION: Northeast corner of S. Lamar Blvd and Oltort Slreet, Austin, TX

APPLICANT: Kathleen G. Smith RE.,PTOE, HDR Engineering. Inc. TELEPHONE NO.: (512) 904-3700Fax: (512) 904-i//s

APPLICATION STATUS: Q DEVELOPMENT ASSESSMENT Q ZONING SITE PLAN

EXISTING’: FOR OFFICE USE ONLY

TRACT TRACT BUILDING IHIPS PER

ND. ACRES SQ. FT. ZONING LAND USE I.T,E. CODE TRIP RATE DAYCS-CO, Vacant

I 4.210 CS-MU-C-CO.SF-S

Manufacturing was determined to be the ITE land use that most closely approximates the existing recycling center

PROPOSED FOR OFFICE USE ONLY

TRACT[ TRACT UiLDlNG TRIP iHifri PtH

NO. I ACRES SQ. FT. ZONING LAND USE l.T,E. COD.. RATE DAY42.547 SF General Office Building 689

21016,568 SF CS-MU-CO, Specialty Retail 746

, 28,572 SF CSI-CO Supermarket 2,9522,703 SF Drinking Place 1549 PH rate 419

PH factor 10%

ABUTTING ROADWAYS FOR OFFICE USE ONLYSTREET NAME PROPOSED ACCESS? I PAVEMENT WIDTH CLASSIFICATION

S. Lamar YesW. Oltod Yes I

FOR OFFICE USE ONLY

A traffic impact anilvais is reouirrn, The consultant preparing the study must meet with a transportation planner to discuss the scope and

requirements of the study before beginning the study.

A traffic impact analysis Is NOT required, The traffic generated by the proposal does not meet or exceed the thresholds established In the Land

Development Code.

The traffic impact analysis has been waived for the following reason(s):

The traffic Impact analysis has been waived because the applicant has agreed to limit the Intensity to 2000 vehicle trips per day.

A nciqitu’orHeod traflic nnny_ss w lbs performed by the City forlhis project, The applicant may have to collect existing traffic counts. See a

transportation planner for Inform on,

REVIEWED 9Y: A ,DATE:

______________________________________

DISTRIVUTION: FILE CAP. METRO TaDOT

TRANS. REV. — Travis Co/Williamson Co. TPSDC I

NOTE: A TIA determination must be made prior IC submittal of any zoning or site plan application to Planning; therefore this completed and reviewed

form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will REQUIRE a now TIA determination

to be made.

ZONING

OWNER INFORMATION

See Attached.SIGNATURE:_____________________________________

NAME:_______________________________________

FIRM NAME:_________________________________

TELEPHONE NUMBER:_____________________________

STREET ADDRESS:________________________________

CITY/STATE/ZIP:

__________________________________

AGENT I PRINCIPA ONTACT (If apQllcable)

SIGNATURE:_________________________________

NAME: Michele Rogerson Lynch

FIRM NAME: Metcalfe, WoNt, Stuart & Williams, LLP

TELEPHONE NUMBER: 512-404-2200

STREET ADDRESS:221_West_6th Street, Suite 1300

CITY/STATE/ZIP Austin/Texas/7870 1

Michele Rogerson Lynch TELEPHONE NUMBER: 512-404-2251CONTACT PERSON:________________________________

_______________

PagegoIl9 Apr2Q13

ZONING

SUBMITTAL VERIFICATION

My signature attests to the fact that the attached application package is complete and accurate to the best of myknowledge. I understand that City staff review of this application is dependent upon the accuracy of the informationprovided and that any inaccurate or inadequate information provided by me/my firm/etc., may delay the review of thisapplication.

INSPECTION AUTHORIZATION

AND

As owner or authorized agent, my signature authorizes staff to visit and inspect the property for which this application isbeing submitted.

PLEASE TYPE OR PRINT NAME BELOW SIGNATURE ANDINDIC TE FIRM REPRESENTED, IF APPLICABLE.

duSignature Date

Michele Rogerson LynchName (Typed or Printed)

Metcalfe, Wolff, Stuart & Williams, LLPFirm

PLEAE TYPE OR PRINT NAME BELOW SIGNATUREINL3WATE FIRM REPR SENTED, IF APPLICABLE.

V/ttL O -2ziSSignature Date

Michele Rogerson LynchName (Typed or Printed)

Metcalfe, Wolff, Stuart & Williams, LLPFirm

Page 10 of 19 April 2013

ZONING

ACKNOWLEDGMENT FORMconcerning

Subdivision Plat Notes, Deed RestrictionsRestrictive Covenants

Michele Rogerson Lynch have checked the subdivision plat notes,(Print name of applicant)

deed restrictions, and/or restrictive covenants prohibiting certain uses and/or requiring certaindevelopment restrictions i.e. height, access, screening etc. on this property, located at:

1404, 1408, 1412, 1414 W. Oltorf & 2043 South Lamar Boulevard, Austin, TX 78704(Address or Legal Description)

If a conflict should result with the request I am submitting to the City of Austin due to subdivision platnotes, deed restrictions, and/or restrictive covenants, it will be m y responsibility to resolve it.also acknowledge that I understand the implications of use and/or development restrictions thatare a result of a subdivision plat notes, deed restrictions, and/or restrictive covenants,

I understand that if requested, I must provide copies of any and all subdivision plat notes, deedrestrictions, and/or restrictive covenants as information which may apply to this property.

Vut /vL_- (01z-JX

(Applicant’s signature) (Date)

POSTPONEMENT POLICYON

ZONING HEARINGS

Sets a postponement date and time at the City Council hearing so that renotification of residents and property owners isnot necessary.Limits the time a hearing can be postponed to two months for both proponents and opponents, unless otherwiseapproved by Council so that renotification of residents and property owners is not necessary.

Allows only one postponement for either side, unless otherwise approved by Council.Requires that all requests for postponements be submitted in writing to the director of the Planning and DevelopmentReview Department at least one w eek prior to the scheduled Council meeting. The written request must specifyreasons for the postponement.

The Director of the Planning and Development Review Department shall provide a recommendation regarding thevalidity of the postponement request as the Director deems appropriate.

I Eliminates the automatic granting of a postponement of the first request.Authorizes Council to consider requests that are not submitted timely.

council action December 12, 1996

Pagellofl9 April2013

EDUCATIONAL IMPACT STATEMENT (EIS) DETERMINATION

PART A

If your project is located in one or more of the following school districts, and requires LandUse Commission review; jjj meets one of the requirements listed below, an EducationalImpact Statement is required.

c YES I NO 100 or more single family units are proposed

c YES I NO 200 or more multifamily units are proposed

o YES I NO 100 or more multifamily units are proposed and a tax credit isrequested

o YES I NO project will demolish more than 50 residential existing units in astructure more than 20 years old —

Please check the appropriate school district(s).

( Austin Independent School District

4 Leander Independent School District

4; Pflugerville Independent School District

4; Hays County Independent School District

4; Del Valle Independent School District

4; Round Rock Independent School District

4; Manor Independent School District

If an Educational Impact Statement (EIS) is required, please complete theEducational Impact Analysis (EIA) Part B.

EXHIBIT VIII

Page 17 of 19 April2013

ZONING

EDUCATIONAL IMPACT ANALYSIS FORMPart B

OFFICEUSEONLY

CASEMANAGER:

APPLICANT/AGENT:

CASENUMBER:

PROJECTNAME:

PROJ E CTAD DRESS:

PROPOSEDUSE:

EXISTING RESIDENTIAL UNITS

ExistingNumberofResidentialUnits:

Numberofexistingresidentialunitstobedemolished:

Ageofunitstobedemolished:

PROPOSED DEVELOPMENT

GrassProjectAcreage:

Numberoflots:

Lotsperacre:

PROPOSED RESIDENTIAL UNITS

ProposednumberofResidentialUnits

Sizeofproposedunitsinsquarefeet(specifvranqe)

Numberothedroomsoerunit:

Page 18 of 19 AprIl 2013

ZONING

ESTIMATED SELLING I RENTAL PRICE (EXISTING AND PROPOSED)

Estimatedsellingpriceofunits(specifyrange):

Estimatedrentalratesffapplicable):

Rangeofmonthlyrentalratestobedemolished: to

Estimatedincreaseinrentalrates(specifvpercentageoflncrease):

IfprojectismuItifamily,wiIIataxcreditbeappIiedforaspadoftheSmartHousingProgram?

NumberofCertifiedAffordableDwellingUnits(ProposedorExisting)

OFF-SITE FAMILY AMENITIES EXISTING WITHIN ONE MILE OF PROJECT(Open to the public — attach location plan)

Parks/Greenbelts:

RecreationCenters:

PublicSchools:

PARKLAND DEDICATION

Parklanddedicationreguired? o YES ía NO

Ifves,pleaseindicateifapplicantplanstoreguestfeeinlieuorprovideparkland.

Fee: ía YES ía NO

Land: a YES a NO

ON-SITE FAMILY AMENITIES PROPOSED

WillspacebeprovidedforchildcareseMces? a YES a NO Unknown at this time

Amountofopenspacereguiredinacres:

Amountofopenspaceprovidedinacres:

Otherproposedamenities:(pools,clubhouserecreationarea):

TRANSPORTATION LINKAGES

ClosestPublicTransitLocation:

Pedestrian/BikeRoutes:

Pagel9ofl9 April2013

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Zoning Application1404, 1408, 1412, 1414 W. Oitorf & 2043 South Lamar Boulevard, Austin , Texas

Name: Scott Trainer

Firm Name: JSfrain. LLC

Telephone Number: 512-965-1369

Street Address: 900 Bluebonnet Lane

City/State/Zip: Austin. Texas 78704

Partners for iStrain, LLC:

, t’14c/rysc,,

TAX CERTIFICATE NO 2248108Bruce Elfant

Travis County Tax Assessor-CollectorP.O. Box 1748

Austin, Texas 78767(512) 854-9473

ACCOUNT NUMBER: 04-0106-1306-0000

PROPERTY OWNER: PROPERTY DESCRIPTION:

JSTRAIN L L C LOT 10 *LESS N 1SFT BLK 1 FREDERICPD BOX 160896 KSBURG ROAD ACRESAUSTIN, TX 78716-0896

ACRES .9960 MIN% .000000000000 TYPE

SITUS INFORMATION: 2043 S LAMAR BLVD

This is to certify that after a careful check of tax records of this office, thefollowing taxes, delinquent taxes, penalties and interests are due on thedescribed property of the following tax unit(s):

YEAR ENTITY TOTAL2014 AUSTIN ISD *ALL PAID*

CITY OF AUSTIN (TRAy) *ALL PAID*TRAVIS COUNTY *IL PAID*TRAVIS CENTRAL HEALTH *ALL PAID*ACC (TRAVIS) *ALL PAID*

TOTAL SEQUENCE 0 *ALL PAID*

TOTAL TAX: *ALL PAID*UNPAID FEES: * NONE *

INTEREST ON FEES: * NONE *

COMMISSION: * NONE *

TOTAL DUE ==> *ALL PAID*

TAXES PAID FOR YEAR 2014 $29,997.29

ALL TAXES PAID IN FULL PRIOR TO AND INCLUDING THE YEAR 2014 EXCEPT FOR UNPAIDYEARS LISTED ABOVE. . .

The above described property may be subject to special valuation based on itsuse, and additional rollback taxes may become due. (Section 23.55, StateProperty Tax Code).Pursuant to Section 31.08 of the State Property Tax Code, there is a fee of$10.00 for all Tax Certificates.

GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS DATE OF 05/13/2015

Bruce Elf antFee Paid: $10.00 Tax Assessor-Collector

By:

MORENOA3 printed on 05/13/2015 © 15:26:43:28 Page#



Austin, Texas 78767(512) 854-9473

ACCOUNT NUMBER: 04-0106-1314-0000

PROPERTY OWNER: PROPERTY DESCRIPTION;

JSTRAIN LLC .3790 AC OF LOT 12 BLK 1 FREDERIC900 BLUEBONNET LN KSBURG ROAD ACRESAUSTIN, TX 78704-2002

ACRES .3790 MIN% .000000000000 TYPE

SITUS INFORMATION: 1412 W OLTORF ST



CITY OF AUSTIN (TRAy) *ALL PAID*TRAVIS COUNTY *ALL PAID*TRAVIS CENTRAL HEALTH *ALL PAID*ACC (TRAVIS) *ALL PAID*





TOTAL DUE =o *ALL PAID*


ALL TAXES PAID IN FULL PRIOR TO AND INCLUDING THE YEAR 2014 EXCEPT FOR UNPAIDYEARS LISTED ABOVE.

*

The above described property may be subiect to special valuation based on itsuse, and additional rollback taxes may become due. (Section 23.55, StateProperty Tax Code).Pursuant to Section 31.08 of the State Property Tax Code, there is a fee of$10.00 for all Tax Certificates.


Bruce Elf antFee Paid: $10.00 Tax Assessor-Collector

By:

________

MORENOA3 printed on 05/13/2015 @ 15:56:00:46 Page#

TAX CERTIFICATE NO 2248110* Bruce Elfant


Austin, Texas 78767(512) 854-9473

ACCOUNT NUMBER: 04-0106-1307-0000


JSTRAIN L L C S 56 FT LOT 11 BLK 1 FREDERICKSBURP0 BOX 160896 C ROAD ACRESAUSTIN, TX 78716-0896

ACRES .1350 MIN% .000000000000 TYPE



YEAR ENTITY TOTAL2014 AUSTIN ISD *pJL PAID*

CITY OF AUSTIN (TRAy) *p12L PAID*TRAVIS COUNTY *ALL PAID*TRAVIS CENTRAL HEALTH *ALL PAID*ACC (TRAVIS) *ALL PAID*







ALL TAXES PAID IN FULL PRIOR TO AND INCLUDING THE YEAR 2014 EXCEPT FOR UNPAIDYEARS LISTED ABOVE.The above described property may be subject to special valuation based on itsuse, and additional rollback taxes may become due. (Section 23.55, StateProperty Tax Codç).Pursuant to Section 31.08 of the State Property Tax Code, there is a fee of$10.00 for all Tax Certificates.


Bruce ElfantFee Paid: $10.00 Tax Assessor-Collector

By:

___________

MORENOA3 printed on 05/13/2015 © 15:57:26:33 Page#



Austin Texas 78767(51k) 854-9473

ACCOUNT NUMBER: 04-0106-1315-0000


JSTRAIN LLC 1.6580 AC OF LOT 12 BLK 1 FREDERIC900 BLUEBONNET LN KSBURG ROAD ACRESAUSTIN, TX 78704-2002

ACRES 1.6580 MIN% .000000000000 TYPE


This i to certify that after a careful c1ieck of tax records of this office, thefollowing taxes, delinquent taxes, penalties and interests are due on thedescribed property of the following tax unit(s):


CITY OF AUSTIN (TRAy) *ALL PAID*TRAVIS COUNTY *ALL PAID*TRAVIS CENTRAL HEALTH *ALL PAID*ACC (TRAVIS) *ALL PAID*







ALL TAXES PAID IN FULL PRIOR TO AND INCLUDING THE YEAR 2014 EXCEPT FOR UNPAIDYEARS LISTED ABOVE.The above described property may be subject to special valuation based on itsuse, and additional rollback taxes may become due. (Section 23.55, StateProperty Tax Codç).Pursuant to Section 31.98 of the State Property Tax Code, there is a fee of$10.00 for all Tax Certificates.


Bruce ElfantFee Paid: $10.00 Tax A essor-Collector

By:




Austin, Texas 78767(512) 854-9473

ACCOUNT NUMBER: 04-0106-1304-0000


JSTRAIN LLC 1.0790 AC OF LOT 13 BLK 1 FREDERIC900 BLUEBONNET LN KSBURG ROAD ACRESAUSTIN, TX 78704-2002

ACRES 1.0790 MIN% .000000000000 TYPE


This is to certify that after a careful check of tax records of this office, thefolloinq taxes, delinquent taxes, penalties and interests are due on thedescribed property of the following tax unit(s):


CITY OF AUSTIN (TRAy) *ALL PAID*TRAVIS COUNTY *JJJL PAID*TRAVIS CENTRAL HEALTH *J\L PAID*ACC (TRAVIS) *ALL PAID*







ALL TAXES PAID IN FULL PRIOR TO AND INCLUDING THE YEAR 2014 EXCEPT FOR UNPAIDYEARS LISTED ABOVE.The above described property may be subiect to special valuation based on itsuse, and additional rollback taxes may become due. (Section 23.55, StateProperty Tax Cod?).Pursuant to Section 31.08 of the State Property Tax Code, there is a fee of$10.00 for all Tax Certificates.


Bruce ElfantFee Paid: $10.00 Tax Assessor-Collecto

By:


Determination ofPlanning Commission or Zoning & Platting Commission

Assignment

Michele Rogerson Lynch owner or authorized agent for the

following project.

Name of project:1414 W. Oltorf

1404, 1412, 1414W. Oltorf & 2043 South Lamar BoulevardAddress of project:

Case Number:

Check One:

______

have verified that this project does fall within the boundaries ofan approved

neighborhood plan or a proposed plan as defines in 25-1-46(D).

Name of neighborhood plan

_________________________________________

Commission assigned: Planning Commission

X have verified that this project does no! fall within the boundaries of an approved

neighborhood plan.

Commission assigned: Zoning and Platting Commission

I understand if I have not accurately determined if my project falls inside or outside the

boundaries of an approved neighborhood plan, I may experience delays in processing my

project through the ap ropriate commission.11-2-Jr

Owner or Age UUL ‘ HU Intake Date:

__________

, MICHELE ROGERSON LYNCH

METCALF E WOLFFDirector Land Use & Entitlements

STUART & WWLIAMS. LLP mlynchim’sniexas.com512-404-2251

November 2. 2015

Mr. Greg Guernsey, Director Via Hand DeliveryPlanning and Zoning Department505 Barton Springs Road, 5th FloorAustin, Texas 78704

Re: Application for Rezoning; 4.247 acres located at 1404, 1408, 1412, 1414W.Oltorf& 2043 South Lamar Boulevard (the “Property”)

Dear Mr. Guernsey:

As representatives of the owner of the above stated Property we respectfully submit theattached Application for Rezoning. The Property is located at 1404, 1480, 1412, 1414W. Oltoff and2043 South Lamar Boulevard (see Location Map attached) and is zoned General CommercialServices (CS), General Commercial Services — Conditional Overlay (CS-CO), Family Residence(SF-3), and General Commercial Services — Vertical Mixed Use Conditional Overlay (CS-MU-VCO). The Application for Rezoning requests to rezone the Property to General Commercial Services- Mixed Use — Conditional Overlay (CS-MU-CO) and General Commercial Services — VerticalMixed Use — Conditional Overlay (CS-MU-V-CO), to allow for a market-style development thatincludes a mix of commercial and office uses including new and existing restaurants and local foodpurveyors with structured parking.

The Property is not in an approved Neighborhood Plan. Surrounding zoning includesGeneral Commercial Services (CS), General Commercial Services - Vertical (CS-V). FamilyResidence (SF-3). and General Commercial Services — Vertical Mixed Use — Conditional Overlay(CS-MU-V-CO). Surrounding land uses include commercial, office, single family, and undeveloped.

Ongoing discussions with the Zilker Neighborhood Association have resulted in a number ofconditions to be included with the proposed zoning and are as follows:

• Prohibition on late-hours alcohol sales;• Prohibition on outdoor amplified sound within a certain area of the project to be

defined;• Vegetative screening along the northern and eastern side of the adjacent lot (1416

OltorO;• Core Transit Corridor streetscape standards on Oltorf frontage;

221W, 6 Street, Suite3200,Austin, TX78701 • 5I2.404.2200 fa% 512.404.2245 • viv,mwswlexas.cnm

Mr. GuernseyNovember 2,2015

Page 2

• Limitation of 90% impervious cover within the compatibility setback area from 1416OltorO

• Restoration and enhancement of the creek and floodplain; and• Prohibition of certain CS uses (to be discussed with staff)

As the project will generate more than 2,000 vehicle trips per day, a Traffic Impact Analysis(TIA) is required and is included with the submittal.

Ifyou have any questions about this Application for Rezoning or need additional information,please do not hesitate to contact me at your convenience. Thank you for your time and attention tothis project.

ye’tmly yours,

MwUMichele Rogerson Lynch

cc: Scott Trainer

Loca

tion

Map

(Page 1 of 4)

{IIL;h;IjIIjIlIN!RhfrhII1I[jI1;jIll] TRY2011158382

ZonIng Case No. C14—20I 1—0094

RESTRICTIVE COVENANT

OWNER: JSTRAINS, LLC, a Texas limited liability company

ADDRESS: do Kinney Lamar Properties, LLC, P.O. Box 160896, Austin, TX 78716-0896

CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration paidby the City of Austin to the Owner, the receipt and sufficiency of which isacknowledged.

PROPERTY: A 5,872 square feet tract of land, more or less, out of Lot 11, Block I,Fredericksburg Road Acres Subdivision, in Travis County, the tract of land beingmow particularly described by metes and bounds in Exhibit “A” incoiponted intothis covenant,

WHEREAS, the Owner (the “Owner”, whether one or more) of the Property and the City ofAustin have agreed that the Property should be impressed with certain covenants and resthctions;

NOW, THEREFORE, it is declared that the Owner of the Property, for the consideration, shallhold, sell and convey the Property, subject to the following covenants and restrictions impressed uponthe Property by this restrictive covenant (“Agreement”). These covenants and restrictions shall rim withthe land, and shall be binding on the Owner of the Property, its heirs, successors, and assigns.

I Live outdoor amplified music is prohibited on the Property

2 A street tree is defined as a Class I shade tree having a minimum caliper of 2-1/2 inches A siteplan or building penmt for the Property may not be approved, released, or issued if the site plandoes not provide for the planting of Class I shade trees

3. Street heel shall be planted along the south property line fronting Oltorf Street, withmodifications pennitted to accommodate utilities and sight lines. Street frees may be omittedwhere existing trees remain.

4. The caliper of frees to be planted shall be greater than or equal to what shall be removed from theinterior of the property resulting from any development of an approved site plan.

5. If any person or entity shall violate or attempt to violate this Agreement, it shall be lawful forthe City of Austin to prosecute proceedings at law or in equity against such person or entityviolating or attempting to violate such Agreement, to prevent the person or entity from suchactions, and to collect damages for such actions.

6. If any pan of this Agreement is declared invalid, by judgment or court order, the same shall inno way affect any of the other provisions of this Agreement, and such remaining portion of thisAgreement shall remain in thU effect.

7. If at any time the City of Austin fails to enforce this Agreement, whether or not any violationsof it are hown, such failure shall not constitute a waiver or estoppel of the tight to enforce ii

IC-2tj is

Restrictive covenant-JSTRAIN

(Page 2 of 4)

8. This Agreement may be modified, amended, or terminated only by joint action of both (a) a

majority of the members of the City Council of the City of Austin, and (b) by the owner(s) ofthe Property, or a portion of the Property, subject to the modification, amendment ortermination at the time of such modification, amendment or termination.

EXECUTEDthisIhe /V dayof,Oc, ,2011.

OWNER:

JSTRAIN, LLC,A Texas limitedliability company

By/ John Scott trainer,Managing Member

APPROVED FORM:

Chad ShaAssistant City omeyCity of Austin

THE STATE OFTEXAS §

COUNTY OF TRAVIS §

This instrument was acknowledged before me on this the 1k day of__________2011, by John Scott Trainer, Managing Member of JSTRAIN, LLC, a Texas limited liabilitycompany, on behalf of the limited liability company.

Notary’ Public, StatLdf Texas

After RecordlaL Please Return to:CityotAustin

-- ---a

DepartmeatofLaw - CdyLSctP.O. Box 1088 3 - NaaryPttUc,BbwotTnaAnatin, Texci 78767-1088 My Ccnfleekn Ewfls:Attention: Diana Minter, Panlegal FeUnay 4,2014

jAy ty.;v - - savCt. t. - S a Wa - at

Restrictive covenant-JSTRAIN 2

(Page 3 of 4)

HOLT CARSON, INCPROFESSIONAL LAND SURVEYORS

1904 FORIV1EW ROADAUSTIN, TEXAS 78704

TELEPHONE: (612) 4424990FACSIMILE: (512) 442-1054

www.hciaustin.com

FIELD NOTE DESCRIPTION OF 5,872 SQUARE FEET OF LAND, BEING A PORTION OFLOT II, BLOCK I, FREDERICKSBURG ROAD ACRES, A SUBDIVISION IN TRAVISCOUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED NVOWME 3 PAGE 168 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, ANDBEING ALL OF THAT CERTAIN TRACT OF LAND AS CONVEYED TO JSTL4IN, L.L.C.BY WARRANTY DEED RECORDED IN DOCUMENTNo. 2010101419 OF THE OFFICIALPUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING FORMERLYDESCRIBED 114 A DEED TO 3.8. RUSHING AND WIFE, ADDlE RUSHING ASRECORDED IN VOLUME 842 P GE 535 OF THE DEED RECORDS OF TRAVISCOUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES ANDBOUNDS AS FOLLOWS

BEGINNING at a 3(4” won pipe found in the East right-of way line of West Ohorf Street for theSouthwest corner of Lot II and the Northwest corner of Lot 12, of Block I, Fredericksburg RoadAcres, a subdivision in Travis County, Texas, according to the map or plat thcreof recorded inVolume 3 Page 168 of the Plat Records of Travis County, Texas, and being the Southwest cornerand PLACE OF BEGINNJNG of the herein described tract, and from which a 3/4” iron pipefound in the East right-of-way line of West Oltorf Street for the Southwest corner of said Lot 12beam S 17 deg. 48’ 29” E 149,95 ft. (direct tie);

THENCE with the East right-of-way line of West OltorfSteet and with the West line of said Lot

I1,N 17deg48’29” W56.OOft. toa Yi”imnrodsetwithaplastiecapimprintedwith”HoltCarson, Inc.” for the Northwest corner of that certain tract of land as conveyed to JSTRAIN,LLC. by Wananty Deed recorded in Document No. 2010101419 of the Official Public RecordsofTravis County, Texas, and being the Northwest corner of this tract;

THENCE leaving the East right-of-way line of West Oltorf Street and crossing the interior ofsaid Lot ii With the North line of said JSTRAIN, L.L.C. tract, N 72 deg. 15’ 28” E 104.88 ft to a

V,’ iron rod set with a plastic cap imprinted with “Holt Canon, Inc.” in the common line of LotIC and Lot II of said Block I, Fredericksburg Road Acres, for the Northeast corner of saidISTRAN, L.L.C. tract, and being the Northeast corner of this tract;

end of Page I

(Page 4 of 4)

Rrcortlvn the tune of rvcoRlal;i,t,this instatotent wts lound to tic inadequate ir the hattqtt oduct in. hera use of i ltegih i i ty, carht 0 Orpltol oct py. disco tired paper. tie A I bite touts,mkh:tiotts utd changes were present at the time lieistotInent wa hih,l tid rixonled

FILED AND RECORDEDOFFICIflL PUBLIC RECORDS

Oct 28, 2011 04:30 PM 21I158382SCOTTR: S28.ø

Dana DeBeauvoir County Clerk

Page 2 of 25,872 SQUARE FEET

THENCEwiththecommon lineofsthdLot lOaM Lot 11,8 lldeg. 4705” E56.0Oft.toacapped iron rod found (marked “Terra Finna’) in the North line of said Lot 12 for the Southwestcorner of said Lot 10 and the Southeast corner of said Lot II and being the Southeast corner ofsaid JSTRAJN, L.L.C. tract, and being the Southeast corner of this tract, and from which a ‘I?iron rod found for the Southeast corner of said Lot ID bears N 72 deg. 1528£ 114.93 ft.;

THENCE withthe common Iineofsaid Lot II and Lot 12, S72 deg, 15’ 28” W 104,85 ft. tothePLACE OF BEGINNING, containing 5,872 square feet of land.

PREPARED May 13, 2011 from survey perfonned in Jun% 2010

Holt CarsonRegistcrçd Professional land Surveyor No. 5166

851144

Travis County TEXAS

INTAKE SUBMITTAL CHECKLISTZONING

City Of Austin Planning and Zoning Department505 Barton Springs Blvd. Austin, TX 78704 Ph. 974-2681, 974-2350, 974-7208

Fax 974-2620

Departmental Use Only:

File Number:____________________________________________________ Date Issued:____________________

Intake Specialist:_________________________________________________ Date:__________________________

Information Required for Submittal:

1. Completed application form with all appropriate signatures & Application Fee

2. Signed Submittal Verification and Site Check Permission Forms

3. TIA Determination Form

4. If required, provide five (5) copies of TIA

TIA fee, if applicable

6. Two (2) copies of certified field notes for footprint zoning and portion(s) of lot(s)

Full size tax maps (1=100’) showing properties within 500’ of zoning request (for CS-i zoning

red-line to include footprint and entire tract); For projects located outside of Travis County, submit

a list of names and addresses of all property owners within a 500’ radius of the sub/ect tract on a

separate 8 Wxll” sheet

Current Tax Certificate or letter from County Tax Office

Copy of receipt if refund for Development Assessment is requestedf granted

...p3rfo. Letter from Neighborhood Association(s) and positive staff recommendation, if consent

agenda is requested.

Zoning map showing prop,rty to be rezoned

Subject to: ZAP_______ or PC

_______

Additional Submittal Requirements for Planned Unit Development (PUD):

A. Verification that the project has obtained and completed the Developmental Assistance

process, including sign-off from the Customer Assistance Team: comment report with sign-off sheet

will suffice

B. Eighteen (18) copies of a 24” x 36” generalized land use map which shall include all of the

following: Project name, legal description, boundary lines with bearings and dimensions, total

acreage, north arrow, scale and location map. Existing topography using USGS or City datum at

tow (2) foot intervals for the property and adjacent property within 100 feet of the project boundary

_C. Eighteen (18) copies of the proposed site development regulations to be established by the

Land Use Plan (PUD Report! Summary)

City ofAustin

(( lh”d[ RO. Box 1088, A us/b,, Texas 78767

9 RECEIPT•‘ 1)1

Receipt 6220256 Payment 11m32ol5 Invoice 6251354No.: Date: No.:

Paver Information

Company/Facility Name: JSTRAIN, LLC

Payment Made By:P0 BOX 160896AUSTIN IX 78716

Phone No.: (512) -

Payment Method: Check

Payment Received: $2,782.00

Amount Applied: $2,782.00

Cash Returned: $0.00

Comments: CK 1539

Additional Information

Department Name: Development Services Department

Receipt Issued fly: Cal)’ Guedea

Receipt Details

FAO Codes Fee Description Internal Address Permit/Case No. AmountRef. No.

1000530097704192 Notification/Renotificat I 440059 III W OLTORF ST 2015- I 321 30-ZC $1,120.00

1000 5300 9770 4257 Regular Rezoning Dcv 11410059 1114W OLTORF ST 20I5-I32130-ZC ($360.50)

1000 5300 9770 4257 Regular Rezoning Dcv 11440059 1411 W OLTORF ST 2015-132 130-ZC $721.00

1000 680091004060 Sign Fee 11440059 1414 WOLTORFST 2015-132130-ZC $170.00

1000680091004I81 RegularRezoning 11440059 1414W OLTORFST 20l5-132130-ZC i5971.50Zoning

1000680091004181 Regular Rezoning 11440059 1411 WOLTORFST 2015-132130-ZC Sl.949.00Zoning

5100630097001] 77 Regular Rezoning Env 11440059 1414 \V OLTORF SF 2015-132130-Ze ($50.00)

5100 6300 9700 4177 Regular Rezoning I/nv 11140059 1414 W OLTORF ST 2015-132130-ZC $100.00

8131-6807-I 1134066 Development Services 11110059 1111 W OLTORF ST 2015-132130-ZC $107.00Surcharge

Total $2,782.00

Page i or I Printed: 11103/15 04:00 PM

City ofAustinP0. Box 1088, Austin, Texas 78767

RECEIPTPayment 11/03/2015 Invoice 6251355Date: No.:

Company/Facility Name: JSTRAIN, LLC

Payment Made By:P0 BOX 160896AUSTIN TX 78716

Phone No.: (512)

Payment Method:

Payment Received:

Amount Applied:

Cash Returned:

Comments: CK 1541

Check

$1,854.32

$1,854.32

$0.00

Additional Information

Department Name: Development Services Department

Receipt Issued By:

Receipt Details

Caiy Guedea

1000 5300 9770 4163 Traffic ImpactAnalys is

440059 1414W OLTORE ST 2015-l32130-ZC $1,783.00

8131-6807-1113-4066 Development ServicesSurcharge

11440059 1414W OLTORF ST 2015- 132 13 0-ZC

Total

$71.32

$1,854.32

Receipt 6220257No.:

Payer Information

FAO Codes Fee Description InternalRef. No.

Address Permit/Case No. Amount

Page I ol Printed: 1/03/15 04:00 PM

project name: 1414w. oltorf case manager:...

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