ORDINANCE NO.  AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 4808 WEST WILLIAM CANNON DRIVE IN THE EAST OAK HILL NEIGHBORHOOD PLAN AREA FROM SINGLE FAMILY COMBINING DISTRICT TO NEIGHBORHOOD COMMERCIAL-MIXED USE-  RESIDENCE-STANDARD CONDITIONAL COMBINING DISTRICT.  LOT-NEIGHBORHOOD  PLAN  (SF-2-NP)  ) 8 9 10  OVERLAY-NEIGHBORHOOD PLAN  (LR-MU-CO-NP)  BEIT ORDAINED BY THE CITY COUNCILI OF THE CITY OF AUSTIN:  11 PART 1. The zoning map established by Section 25-2-191ofthe City Code is amended to 12 change the base district from single family residence-standard lot-neighborhood plan (SF- 13 2-NP) combining district to neighborhood commercial-mixed use-conditional overlay- 14 neighborhood plan (LR-MU-CO-NP) combining district on the property described in 15 Zoning Case No. C14-2008-0115, on file at the Neighborhood Planning and Zoning  16 Department, as follows:  17 18 19 20 21 24  A2.153 acre tract of land, more or less, out of the Thomas Anderson Survey No. 17, the tract of land being more particularly described by metes and bounds in  Exhibit "A'"incorporated into this ordinance (the Property"),  22 locally known as 4808 West William Cannon Drive, in the City of Austin, Travis County, 25 PART 2. Except as specifically provided in Part 3 and Part 4 of this ordinance, the 26 Property may be developed and used in accordance with the regulations established for the 27 neighborhood commercial (LR) base district, the mixed use combining district, and other 30 PART 3. The Property within the boundaries of the conditional overlay combining district  23 Texas, and generally identified in the map attached as Exhibit "B".  28 applicable requirements of the City Code.  29 32 33 34 35 36 37  31 established by this ordinance is subject to the following conditions:  A. Impervious çover on the Property may not exceed 13.11 percent. B. The total building square footage may not exceed 5,000 square feet. C. The maximum height of a building or structure is 35 feet from ground level.  Draft: 2/5/2009  Page 1 of 3  COAI Law Department    D. Setbacks and buffers:  1) A25-foot wide building setback is required along the east property line. 2) Except as shown in subsection 3, a 15-foot wide building setback is 3) If the Property and the adjacent property to the west are developed as a unified development the 15-foot wide setback will not be required. 4) A 50-foot wide building setback is required along, West William Cannon 5) A 25-foot wide vegetative buffer shall be provided along West William Cannon Drive. Improvements permitted within the buffer zone are limited to drainage, driveways, signage, underground utility improvements or those improvements that may be otherwise required by the City of Austin or specifically authorized in this ordinance.  required along the west property line.  10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32! 33 34 35 36 37 38 39 40  Drive.  E. The following uses are prohibited uses of the Property:  Consumer convenience services Custom manufacturing Food sales Guidance services Pet services Printing and publishing Restaurant (limited) Service station  Congregate living Financial services General retail sales (general) Off-site accessory parking Plant nursery Restaurant (general) Residential treatment  29 PART 4. The Property is subject to Ordinance No. 20081211-098 that established the East  30! Oak Hill neighborhood plan combining district.  Draft: 2/5/2009  Page 2 of 3  COA Law Department    PART 5. This ordinance takes effect on  2009.  PASSED AND APPROVED  $ $ $  2009  10 11 12 13 14 15] 16  Will Wynn Mayor  APPROVED:  ATTEST:  David Allan Smith City Attorney  Shirley A. Gentry City Clerk  Draft: 2/5/2009  Page 3 of 3  COAI Law Department    07/11/2006 11:52 FAX  Exhibit A STEVE H. BRYSON SURVEYING CO. 2499 Cap. of TX Hwy.S., Bldg. A, Ste. 205 Austin, TX7 78746 (512)347-9505 Fax: (512)347-9510 FIELD NOTES  @o0i  BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE THOMAS ANDERSON SURVEY NO. 17, SITUATED IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, SAID TRACT MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO JANE C. SCHAEFFER RECORDED IN VOLUME 6657, PAGE 1317 OF THE DEED RECORDS OF TRAVIS BY DEED TEXAS, SAVE AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUSTIN COUNTY, CERTAIN STREET DEED REÇORDED IN VOLUME 9440, PAGE 998 OF THE IN THAT PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, SAID TRACT BEING 2.153 ACRES REAL LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at an Iron pin found at the Intersection of the Westerly line of sald Schaeffer tract and the Northerly right-of-way line of Willlam Cannon Drive West as conveyed for said Street Deed, said right-of-way being of varied width, sald point being the Southeasterly right-of-way by of a tract of land conveyed to Venturina Biggs by deed recorded in Document No. 2000102962 comer of the Official Public Records of Travis County, Texas, for the Southwesterly corner and the POINT THENCE, with the Westerly line of sald Schaeffer tract, the following two (2) courses and 1. N30°50'21"E, following common division line of said Schaeffer and Biggs tract, 517.45 feet to an iron pin set at the apparent Northwesterly corner of said Biggs tract, same being the most southerly comer of Lot 10, Westcreek Section One Amended, a subdlvision recorded in 2. N30042'18'E, following the common division line of sald Lot 10 and said Schaeffer 118.28 feet to an iron pin set at the Southeasterly corner of said Lot 10, same being tract, Ihe Southwesterly comer of Lot 11 of said subdivision, and the apparent Northwesterly corner of said Schaeffer tract, for the Northwesterly corer of the herein described tract, THENCE, S72051'00'E, following the common divislon line of said subdlvision and sald Schaeffer tract, 153 00 feel to an iron pin set inf the Westerly line of Lot 13, at the Southeasterly corner of Lot 12 of sald subdivision, same being the Northeasterly corner of said Schaeffer THENCE, with the Easterly line of said Schaeffer tract, the following two (2) courses and distances 1. $30°57'00W, following common division line of sald Schaeffer tract and said Lot 13, 138.73 feet to an iron pin set at the Southwesterly corner of said Lot 13, same being the Northwesterly  OF  OF BEGINNING of the herein described tract, distances numbered 1 and: 2,  Volume 76, Page 384 oft the Plat Records of Travis County, Texas,  for the tract,  Northeast corner of the herein described tract,  numbered 1 and2,  lob No. 0E-076  Copyright 20065 SteveH Bryson Surveying Co    07/11/2008 11:52 FAX  0002  corner of Lol 1, Westcreek Sectian Ten Phase I, a subdivision recorded 2 S30°44'14'W, passing an iron pin found in the Easterly line of sald Schaeffer Southwesterly corner of said Lot 1, conlinuing for a total distance of 488.81 found in the Nartherly right-of-way line of said William Cannon THENCE, N75-45'18'W, following said righl-af-way line as conveyed said Street feet to the POINT OF BEGINNING containing 2.153 Acres Of Land. by  350 of said Plat Records,  in Volume 82, Page tract, at the feet to an iron pin Drive West, for the  Southeasterly corner of the herein described tract,  Deed, 155.45  OF  Steve H. Bryson - R.P.L.S. No. STEVE H. BRYSON SURVEYING CO. HAE 2499 Capitat of Texas Hwy,So, Bldg A, Suite 205 Austin, Texas, 78746 Ph: (512)347-9505 Fax: (512)347-9510  STEVEH. BRYSON 4248  FILED AND RECORDED OFFICIAL PUBLIC RECORDS Ousbuwr  2006 Jul 25 12:23 PM 2086141219 GUERREROR $32.00 DANA DEBEAUVOIR ÇOUNTY CLERK TRAVIS COUNTY  lob! Na, 06-076  TEXAS  Cupyright2 2006 SteveH, Bryeon SurveyingCo    Survey Map of 2.153 Acres of Land out of the Thomas Anderson Survey No. 17, Situated in  Travis County, Texas. (BeeAtachedn Reldk NoeD Descig) LocalA Address: 4808V Wilamo Camont Dvev West  Scaleis' 1"-50  Tolila-83315A Impervious Cover-1 13,050S4.FL Impervlous Cover- 13.91%  WESTCREEK SEETION ONE AMENDED-VOL.76 PG.384  Detail Coveredis AR Ground One Do Cond su7 8 Frame Propane Tank Undgrnd Propane  LoT  LoT 10  Lori2  LOT8  LOT9  LorI3  1  frane  LOTI WESTCREEK SECTION TEN PHASEI VOL82 P6.350  2.153 Acres Janec. Schaeller VoL.6657 Pg.1317  WESTCREEK RANCH TOWNHOMES A CONDOMINUM PHASE Two Doc.No. 2000088534 Benepe Tbe the ole: mgy svejoct Shown  Pointo Beginning  Lina  RRET Willam Cannon Drive West  Pp dy Mfhy PLS MD 12)  Jnass-as    F-3  ÇANAC  MF-2  F8o  oo SUMMERSETIRL  MF-1  NING RD  SF-2  DRYOAKI TRL of oool00lo i  WHITEELMDR o WILLIAMSON CREEK  SF-2  UNDEV  83-243  TOWgSES LR CELLTOWER lRs  CONDOMNIUM SF-6 80-114RC  89-0007 LO P-94-0482C 80-114 UNDEV SVCSTATION GR-CO  oO SF-2  o o o 7531R o o o  75-81-R GYM LR 03-0178 GR-CO  (SF-3  C814-88-0001.03 Pp  PUD  4-162  RU  C814-880001.03  ZONING Exhibit b  1 SUBJECT TRACT ZONING BOUNDARY PENDING CASE OPERATOR: S. MEEKS  N  ZONING CASE#: C14-2008-0115 SUBJECTAREA: 2.15 ACRES GRID: D18 MANAGER: W. RHOADES  ADDRESS: 4808 W WILLIAM CANNONDR  1"=400'  Thisn maph has beenp produced by G.I.S. Services fort the sole purpose ofg geographicreference. Nowarantyismadel byu the City ofA Austin regarding specifica accuracy or completeness.    RECREATION EASEMENT  THE STATE OF TEXAS $ COUNTY OF TRAVIS $  $  of  County, Texas, whose mailing address is  (called "Grantors", whether one or more), in consideration of the sum of $10.00 and other good and valuable consideration to Grantors in hand paid, by the City of Austin, the receipt and sufficiency of which is acknowledged, have this day GRANTED and CONVEYED and by these presents do GRANT and CONVEY unto the City of Austin, ar municipal corporation situated in the Counties of Hays, Travis and Williamson and whose address is P.O. Box 1088, Austin, Travis County, Texas, 78767-8839, Attention: Real Estate Services Division, a easement for recreational purposes (including but not limited to park greenbelt, pedestrian, hike and bike trails) to construct, operate, maintain, repair, replace and upgrade, in, upon and across the following described land, to-wit: All that certain parcel of land, lying, and being situated in the Travis County, Texas, described in the attached EXHIBIT "A" and made a part  hereof for purposes ("Property").  TO HAVE AND TO HOLD the same perpetually to the City of Austin, its successors and assigns, together with the right and privilege at any and all times to enter all or part of the Property to construct, operate, maintain, replace, upgrade and repair for use as a public recreation easement, subject, however, to all ordinances and amendments thereto passed by the City Council of the City of Austin, the Charter of the City of Austin  and any amendments thereof.  GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the recreation easement and all rights unto the said Grantee, its suçcessors and assigns, against every persons whomsoever lawfully claiming or to claim the same or any part thereof.  EXECUTED this  day of  2008.  GRANTORS: By: Name: Title:    ACCEPTED AND AGREED:  By:.  Date:  Stuart Strong, Assistant Director Parks and Recreation Department  City of Austin  STATE OF TEXAS COUNTY OF  $ $ $  This instrument was acknowledged before me on  2008 by corporation, on  of  a  behalf of said corporation.  [SEAL]  Notary Public, State of  After Recording Return To: City of Austin Contract and Land Management Department Real Estate Services Division P.O. Box 1088 Austin, Texas 78767-8839 Attn: Marsha L. Schulz  File #:    TCAD#:        WHITE ELM DRIVE  XC  SCALE 1" 40' Legend ron Roo Found Pse Fount PK Recoro Beoring. ond Ditonse: per. Oecumenii 1o. 200614:2 39 Beating ond Distonce p DocupntNo 2000702962 Recoro ond Dstongel pe Votume Scaiges Poge 385  9  o L4T oerl Bs  0.598 ACRE SURVEVEO PROPOSEO EASEMENT 1RACT  LOT  PIELE OF BEGINNNG  THOMAS ANDERSON LEAGUE ABSTRACT No, 2  GT RSTEN Valus 54 r Svata Fut y  MARCUS WHIFELO ond ÉSKEIN PLACEITO 12153 DocumentNo 2006141219  HELTGREE st Tan Fsx Valu mFp T  GF NO0B16C25M 10 City otAustn 1owyers Tiile Incurence Corporatipn FHE SEATE OF :EXAS 1HE COUKTY OF. 1RAVIS 1he unoersigned duec hereby cerhl, Ihot ths doy eF the property legolly OPSErCeS eereon ond $ Io Ine bestot my oblities on3 Ihere are no k conllcts, shorges of visibie ulhfy in place, obulr o porhon ths properly tn Zone AE foreos lo be inside 100 Yeor Floos Piar to Monogement Agercy Fio0o Insuronce Rote Mop Paneis 48062: 0580 doleo September 25. 2068 1S me 761 OCY ot NOVEMBER, 0.2 2006 Fegistereo FrolessionolLons NO Sutveyor 5156 HOLT CARSDN. INCORPORATED LAND SURVEYORS 1904 FORTVIEW ROAD AUSTIN,TEXAS 787D4 151214 099D A 832106  RPRP WEST WILLIAM  Ploce oI Reterence   CANNON DRIVE  SURVEY MA> TO AÇCCMPANY FIELO NOTE OESCRIPTION OFI 0.596 ACRE OF LANO ou1 OF THE THDMAS ANDERSON LEAGUE. ABSTFACT No 21N TRAVIS COUNTY. TEXAS. BEING A PORYION OF THAT CERTAIN 12 153 ACRESL TRACT OF LAND AS CONVEYED TO MARCUS WHITFIELD AND ESKEW PLACE. L7D er DEED RECORDED No 2006141219 OF THE OFFICIAL PUBLIC RECOROS  IN OF TRAVIS GOUNTY. TExAS,  Ocopyrignt 2005