RESTRICTIVE COVENANT TERMINATION REVIEW SHEET  CASE: 685161.013066XRCD)  P.C.D DATE:09-02-2008  Wells Point Commercial Section 3  AREA: 3.15 acres  APPLICANT: Michael Voticky  AGENT: Thrower Design  (Ron' Thrower)  ADDRESS: 1205 West Wells Branch parkway WATERSHED: Harris Branch ZONING: CS-CO CITY GRID: N37 SUMMARY  DESIREDDEVELOPMENT ZONE: Yes  JURISDICTION: Full Purpose  The applicant, owner of Lot 9, Block C, Wells Point Commercial Section 3, requests the termination of a restrictive covenant requiring joint use access with the adjoining Lot 8 to Wells Branch Parkway. This covenant was enacted in 1986 to ensure compliance with the Principle Roadways Ordinance to ensure lots with less than 200 feet of frontage at the subdivision stage utilized joint access to maintain desirable separation distance between driveways on a principle Since 1986 the adjoining Lot 8 has been developed and the location of an existing detention and water quality facility prohibits joint access at the common property line. In addition, City transportation staff has determined that Lot 9 may be developed to meet the driveway spacing  roadway.  requirements and has no objection to the termination of this covenant.  STAFF RECOMMENDATION:  Staff recommends termination of the Restrictive Covenant. PLANNING COMMISSIONI RECOMMENDATION: September 2, 2008. (Consent motion, 7-0-0). CITY COUNCIL DATE: February 26, 2009 CASE MANAGER: Clark Patterson  The Zoning and Platting Commission recommended termination of the restrictive covenant on  ACTION: PHONE: 974-7691  tptcronedaustnsus    CAE Mernerial Cemelary  SITE  PFLUGERVINLE  LOCATIONMAP-NTS.    Thrower Desiga 4608-A South Lamar Boulevard Austin, Texas 78745 (512)476-4456 . Fax (512)476-4454  July 15, 2008 Ms. Victoria Li, P.E. Director City of Austin P.O. Box 1088 Austin, Texas 78767  Watershed Protection & Development Review Department  RE: Restrictive Covenant Termination  Dear Ms. Li,  Attached you will find the requisite materials to process a termination to al Restrictive Covenant. The Restrictive Covenant styled as Joint Use Access Declaration for Wells Point Commercial, Section 3, Block C, Lots 8 &9 found in Volume 9759, Page 611 of the Travis County Public Records and has a date of June 27, 1986. This RC was done at a time when Principal Roadways were in effect and at the time of subdivision if the lot did not have more than 200' of frontage then joint access was required with an adjoining lot. The intent was to reduce the number of driveways to parcels to maintain the 200' desireable minimum separation distance between driveways. In this case Lots 8 & 9, Block C, Wells Point Commercial Section 3 was to  share a driveway to Wells Branch Parkway for access to the two sites.  My client currently owns Lot 9 which is currently undeveloped, except for a pond. A site plan application is pending under SP-2007-0688C. The abutting Lot 8 is 100% developed and access is through two driveways permitted by the City and the County to Wells Branch Parkway. Neither of these two driveways is located at or near the common property line between the two lots, which is the obvious intent of any RC specifying joint access. Additionally neither of the two driveways is contained within an easement to share a common point of vehicular access to the public street. These two permitted driveways solely serving Lot 8 are not, separated with the  desired minimum distance of 200'.    The site plan for Lot 8 does provide a note that Joint Access to Lot 9 will be provided through Lot 8 to Wells Branch Parkway though no easement exists or was provided at the time of site development permit approval on Lot 8. The approved and constructed development on Lot 8 prohibits the ability to have a shared joint access driveway on the common property line due to the construction of a detention and water quality facility at the common property line and  abutting the right-of-way of Wells Branch.  Therefore, we respectfully request immediate termination of the Restrictive Covenant found in 1) The abutting development on Lot 8 prohibits joint access at the common property line 2) The abutting development on Lot 8 is built with two driveways to Wells Branch Parkway and no joint access easement was required at the time of the site development permit  Volume 9759, Page 611 for the following reasons:  due to the existing detention & water quality facility.  for Lot 8 development.  3) The driveways to Lot 8 do not met the 200' desired separation of driveways. 4) A driveway serving Lot 9 will have approximately 185' of driveway separation and would  better serve the development with sole access.  Should you have any questions or need additional information, please. contact me at my office.  Sincerely,  A-low Thower A. Ron Thrower  2    4  04 E08-5682  C8-85-1410130)  JOINT USE AND ACCESS DECLARATION  FOR WELLS POINT COMMERCIALE SECTION TRREEE BLOCK: C LOTS8 AND  4 RIfAAA THE, STATE OF TEXAS COUNTY OF TRAVIS:  17.00 MISC  2000  248007 25 06/27/86  WHEREAS NASE PHILHIPS/CORUS, INC. as the owner OE that, certain 17.141 aore tract of land in Travis Countyi Texas, did heretofore subdivide the samet into a subdivision, known as Weils Point. Commeraial Section Three, the Plat of which is, recorded: in Plat Book: Ro Page KdoA Plat Records of Travis County, Texast  and  llob  WHEREAS,. NASH PHILLIPS/COPUS, INC, desires, that common. ingress, egress and, access. easements. across and through Lots 8 WHEREAS, NASH PHILLIPS/COPUS, INC. intends to sell one) o5: more of said? lots toi third parties and desires to provide for adequate access to and. from Lots 8 and. 9: of Block C, to adjacent NOW,. THEREFORE, for, the benefit of. Lots: 8 and, 9 of Block C and their respective owners and, lienholders, and their successors: and assignsi NASE PHILLIPS COPUSs INC. hereby agreess as followst 1. NASH PHILLIPS/ /COPUS, INC. hereby declares that Lots 8 and 9 of Block C shall take. access: from Wells Brarch Parkway 2 The uso of the easements herein granted shall be used and enjoyed as hereinabove provided, without payment of any fee oE 3, Bach respective owner of each tract shall repair and maintain the access Fights, ands easements herein granted during, thes time in which this Agreement and the easements granted herein shall remain valid at the sole cost and expense ofS such owner The repairs and maintenance to be undertaken, and performed ander: this Agreement: include only such maintenance and repairs necess sary to thek uses of the access: righte and easements grantad,  and 9 of Block: CF.  roads and, each other.  solely, by means. of a joint use driveway:  other charge being, made therefor.  hereina,  The provisions hereof shall be covenant, whigh Bhail  Euns with the land, insofar as they establish the existence, ofan  REALPOPED/REPORPS  09759 0610h    access easement of the width heréin described: serving the proper ty presently. owned by, NASH PHILLIPS/COPUS, INC. and' such provisions shall be binding upon and for the" benefit. of NASH PHILLIPS/COPUS, INC as well as any, future owners. of the Wells Point Commercial Section Three, or any, part thereof. 5.: This Agreement may be, modified; amended: or terminated only. by the action of a majority of the members of the City Couricil of the City: of Austin and Nash Phillips/Copus, Inc. oF its. successors, or. such other governing, body, as may succeed the 6. Further, the, precise designation of the access easement described herein shall. also constitute a covenant which shall also, rur with the land, and: shall be binding upon and. for the benefit of NASH PHILLIPS/COPUS, INC. as well as any future owners. of: the Wells Point Commercial. Section Three, or any part thereof, EXCEPT THAT. such precise designation may. rat' any futute date be relocated, BUT, it shall only' be relocated" in accordance with thé  City Council of the City of Austin.  terms: of this Agreement.  EXEÇUTED. this the. Atk day Of  Dut  2986  NASH. PHILLIPE/COPUS ING. VACyISDAVE Executive. 7 Vicefresident;  By:  THE STATE OF TEXAS: COUNTY OF TRAVIS Dal said gorporation.  This instrument was acknowledged. before me on the Butday of of Nash, Phillips/Copus, Inc.a a Texas. corporation, on behalf of  1986 by Jack B. Davisi Senior Vice President  BERes To LAND CITY OF DEV-SERV. AUSTIN Cedde  NOTEr  Mtse SEAL Notary Public, Stateof MACTHA OBAZE: Printed OFN Stampedy Namey of My Comission Expirest 47  Texas Notarys  WSD91/19/kw.  09759 0612    FLLED 127 MIF28 sis & BATONIN  Shthl  ATEOFTEXAB COUNTYOFTRAV noe JUN: 27 1986 AOR COUNTYCLERK, TRISCOUNTLTDVe  09759 0613