D-7 C15-2021-0035 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-6 DATE: Monday May 10, 2021 CASE NUMBER: C15-2021-0035 ___-____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___-____Agustina Rodriguez ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Nikelle Meade OWNER: Pressler RRI, LP ADDRESS: 1409, 1501, 1505 W. 3rd St. and 300, 301 Pressler St. VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code, Section 25-2-736 (D) (Lamar Subdistrict Regulations) to increase height limit from 60 feet (maximum allowed) to 75 feet (requested) in order to erect Multi-Family Residential Mixed Use in a “CS-CO-NP & LI-CO-NP”, General Commercial Services – Conditional Overlay - Neighborhood Plan and Limited Industrial – Conditional Overlay Neighborhood Plan zoning district. (Old West Austin Neighborhood Plan) BOARD’S DECISION: BOA MEETING APRIL 12, 2021 cancelled due to technical problems with notification database; May 10, 2021 POSTPONED TO JUNE 14, 2021 DUE TO LACK OF BOARD MEMBERS/VOTES FINDING: 1. The Zoning regulations applicable to the property do not allow for a reasonable use because: 2. (a) The hardship for which the variance is requested is unique to the property in that: (b) The hardship is not general to the area in which the property is located because: D-7/13. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Don Leighton-Burwell Chairman Diana Ramirez for D-7/2BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0035 BOA DA TE: April 12th, 2021 ADDRESS: 1409, 1501 & 1505 W. 3rd St and 300 & 301 Pressler COUNCIL DISTRICT: OWNER: Steven D. Ogden AGENT: Nikelle Meade St 9 ZONING: CS-CO-NP and LI-CO-NP LEGAL DESCRIPTION: Z; .309 AC OF OL T 11 DIVISION Z; and 1.0960AC OF OL T 1 DIVISION Z .759 AC OF OLT 1 DIVISION Z; 0.123 AC OF OLT 1 DIVISION Z; .974 AC OF OLT 1 DIVISION VARIANCE REQUEST: increase height limit from 60 feet to 75 feet SUMMARY: erect Multi-Family Residential Mixed Use ISSUES: long narrow configur ation, heritage trees, slopes, easements North LI-PDA-NP; LI-CO-NP; GR- Industrial Service-Planned Development Site CS-CO-NP; ZONING LI-CO-NP MU-V-CO-NP South P-NP East LI-CO-NP West P-NP Services; Limited LAND USES Service Commercial General Industrial Limited Area; Community Public Limited Industrial Public Commercial-Mixed Use Council of Austin Association Neighborhood Empowerment School District Neighborhoods Independent Lost and Found Pets Neighborhoods NEIGHBORHOOD ORGANIZATIONS: Austin Austin Austin Bike Austin Friends Homeless Neighborhood Old West Austin Old West Austin Preservation Austin SELTexas Creek Assn. Save Barton Save Historic Muny District Shoal Creek Conservancy Sierra 1NR BCP -Travis Neighborhood Neighborhood Club, Austin Regional County Natural Group Foundation Resources Association Plan Contact Team D-7/3April 6, 2021 Micah King 301 Pressler St Austin TX, 78703 Property Description: 1.0960AC OF OLT 1 DIVISION Z Re: C15-2021-0035 Dear Micah, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from the following sections of the Land Development Code; Section 25-2-736 (D) (Lamar Subdistrict Regulations) to increase height limit from 60 feet (maximum allowed) to 75 feet (requested); In order to erect Multi-Family Residential Mixed Use in a “CS-CO-NP & LI-CO-NP”, General Commercial Services – Conditional Overlay - Neighborhood Plan and Limited Industrial – Conditional Overlay Neighborhood Plan zoning district. (Old West Austin Neighborhood Plan) Austin Energy does not oppose the above variance request to increase the height limit to 75’, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you have any questions about the following comments, please contact my office. Thank you, Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 D-7/4O L F WIN 6TH N A H T R A H 5TH H S L A W D R A H C R O 4TH D N A L K A O R E L S S E R P RESERVE N N T LY S E W L L E W O P L U A P 3RD S T E P H E N F A T O C E S A R C E B C ES A R C H AVEZ ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0035 300 & 301 PRESSLER STREET AND 1409, 1501, 1505 W 3RD ST 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 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. D-7/5Nikelle S. Meade Partner 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.479.1147 March 4, 2021 Elaine Ramirez Planner Senior / Board of Adjustment Liaison The City of Austin Re: Request for Variance from a Waterfront Overlay Height Restriction for an Approximately 3.189-Acre Property Located at 300 and 301 Pressler Street and 1409, 1501, and 1505 W. 3rd Street in Austin, Texas (the “Property”) Dear Elaine: On behalf of property owners Pressler RRI, LP and Steven Ogden, please find the attached variance request to increase the maximum height of structures located on the above-referenced properties within the Lamar Subdistrict of the Waterfront Overlay from 60' to 75' to construct a multi-family residential development with an accompanying commercial use. The Property is composed of three tracts of land planned which will be developed as a single project (a tract map is attached as Exhibit A). Approval of the requested variance would allow for the development of residential units, public space, and significant public benefits. If the variance is approved, there will be no degradation of the stated goals of the overlay, which includes recognition of the potential of the waterfront as an open space connector, form-shaping of urban development, and creation of the waterfront as a focal point for lively pedestrian-oriented mixed uses. Achieving these goals would be accomplished by the construction of a new public plaza, park entrance, and pedestrian amenities. Approval of the variance and overall project will result in a new trail through the Property to provide a new access point to the Colorado River Corridor where no direct access currently exists. Such connectivity would be significant due to the historic bifurcation of the area by the railroad and topography and due to the nature of the surrounding area, which includes multi-family dwellings, a Core Transit Corridor, and bus routes to the north, and public assets such as Lady Bird Lake, Lamar Beach Park, the Hike and Bike Trail, Lance Armstrong Bikeway, Austin High School, and youth fields to the south. HB: 4847-8343-8047.8 D-7/6Thank you for your consideration and please let me know if you need anything from us. Sincerely, Nikelle S. Meade HB: 4847-8343-8047.8 D-7/7Exhibit A: Tract Map HB: 4847-8343-8047.8 D-7/8 Zoning Map D-7/9 VICINITY MAP D-7/10CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, Section 1: Applicant Statement 1409, 1501, and 1505 W. 3rd St. and 300 and 301 Pressler St., Austin, TX 78703 See attached metes and bounds. CS-CO-NP and LI-CO-NP Nikelle Meade (Husch Blackwell LLP) Pressler RRI, LP and Steven D. Ogden March 4 2021 Primarily multifamily residential mixed use. D-7/11Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ LDC Section § 25-2-736(D) (Lamar Subdistrict Regulations) to increase the maximum height ____________________________________________________________________________ from 60 feet (required) to 75 feet (requested). ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: ____________________________________________________________________________ They limit the number of people who have direct access to and views of adjacent parkland and ____________________________________________________________________________ Lady Bird Lake, which is a barrier to achieving the purpose of the Waterfront Overlay, which is ____________________________________________________________________________ to "promote the harmonious interaction and transition between urban development and the park ____________________________________________________________________________ land and shoreline of Town Lake and the Colorado River.” The property is currently a former ____________________________________________________________________________ commercial and industrial site, and approval would allow for the redevelopment of the property ____________________________________________________________________________ with a greater capacity for new housing supply than otherwise possible, substantial parkland improvements, new pedestrian amenities, enhanced connectivity, and access to public transit. ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ The property has a long and narrow configuration, at +/- 1,155' wide x 112'-131' deep. The ____________________________________________________________________________ property is also on a bluff, adjacent to parkland to the south and an active railroad to the north, ____________________________________________________________________________ with heritage trees, slopes, easements, and a required setback from an erosion hazard zone, ____________________________________________________________________________ and the planned public plaza, park entrance, railroad crossing arms, trail, required on-site fire ____________________________________________________________________________ lanes, firefighter walkway, and loading all present additional hardships (continued on Page 8). b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ A property of this size and configuration is not typical of the area, and there are few other ____________________________________________________________________________ properties that are enclosed by adjacent dedicated City-owned parkland, active railroad tracks, ____________________________________________________________________________ and sloped creek bank, or that have such a large number of public drainage, water, wastewater, ____________________________________________________________________________ and electric utility easements, and on which development would require a new railroad crossing, utility borings under the railroad, an off-site water loop, and an electric loop extension. ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 5 of 8 D-7/12Area Character The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ____________________________________________________________________________ Approval will only enhance the area's character, since the project would include substantial ____________________________________________________________________________ parkland improvements and pedestrian amenities and new connectivity between W. Cesar ____________________________________________________________________________ Chavez St., public transit, and residents and employees to the north, and the Lamar Beach ____________________________________________________________________________ Park, Lady Bird Lake, Lance Armstrong Bikeway, Hike and Bike Trail, and youth fields to the ____________________________________________________________________________ south. In addition, construction would not impair the visibility of the lake due to the nature of ____________________________________________________________________________ surrounding uses and sloping topography, and the Property is outside the overlay setback lines. Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 6 of 8 D-7/13992-6001 992-6001 D-7/14Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: _____________ 03/04/2021 Applicant Name (typed or printed): ___________________________________________________ Nikelle S. Meade Applicant Mailing Address: __________________________________________________________ 111 Congress Ave., Ste. 1700 City: ________________________________________ State: ________________ Zip: _______ Austin 78701 TX Phone (will be public information): ____________________________________________________ 992-6001 (512) 479-1147 Email (optional – will be public information): _______________ Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: _____________ 03/04/2021 Owner Name (typed or printed): ______________________________________________________ Steven D. Ogden Owner Mailing Address: ____________________________________________________________ 15333 FM 1826 City: ________________________________________ State: ________________ Zip: _______ Austin 78737 TX Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Nikelle S. Meade Agent Mailing Address: ____________________________________________________________ 111 Congress Ave., Ste. 1700 City: ________________________________________ State: ________________ Zip: _______ Austin 78701 TX Phone (will be public information): ____________________________________________________ 992-6001 (512) 479-1147 Email (optional – will be public information): ______________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 7 of 8 D-7/15Additional Space (continued) The Property is also encumbered by dedicated public right-of-way that does not actually exist on the ground, which imposes a restriction on the development of the Property even though it does not provide a benefit to the project. Moreover, as compared to other properties in the overlay, the Property is located quite far -- approximately 800' to 1,000' feet -- from Lady Bird Lake, and yet the height restriction is imposed on the Property even though the restriction is not necessary to promote any of the goals of the Waterfront Overlay, and development under the approved variance would not block the view of the lake for anyone or impair access to the lake. In addition, the pedestrian walkway must be public and situated on the Property and will further reduce the buildable area of the Property, but is an important solution to the longstanding problem for the City and area residents that Pressler Street was not fully developed and became a dead end at the railroad tracks. D-7/16Tract 1 1505 W. 3rd Street D-7/17Tract 2 1409 & 1501 W. 3rd Street & 300 Pressler Street Tract 3 301 Pressler Street D-7/18View Toward the North Tract 1 D-7/19View Toward the South Depicting the Property and Where Roadway was Not Continued on the Pressler Street ROW on the South Side of the Tracks Pressler Street D-7/20D-7/21AGENT DESIGNATION LETTER March 4, 2021 City of Austin Board of Adjustment P.O. Box 1088 Austin, Texas 78767-1088 Re: To Whom It May Concern: Letter appointing agent regarding applications for a variance and related matters for property located at 1505 W. 3rd Street, Austin, Texas 78703 (the “Property”) The undersigned, as the owner of the above-referenced Property, hereby appoints Husch Blackwell LLP (Nikelle Meade), as agent in connection with the above-referenced applications and related matters. _________________________ Steven Ogden HB: 4843-2095-8431.1 D-7/22 April 19, 2021 Old West Austin Neighborhood Association Post Office Box 2724 Austin, Texas 78768 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services Re: Variance Case No. C15-2021-0035 - Letter of Support of Variance for 300 and 301 Pressler Street and 1409, 1501, and 1505 W. 3rd Street in Austin, Texas (the “Property”) Dear Members of the Board of Adjustment: The Old West Austin Neighborhood Association (“OWANA”) is in support of the proposed multi-family development to be located on the above-referenced Property, including the related variance request to increase the maximum height from 60' to 75'. OWANA supports the variance and the project because the we believe the proposed project will address long-standing issues impacting our neighborhood and help advance the goals of our Neighborhood Plan without cutting against the intent and goals of the Waterfront Overlay. As identified in the 1986 Town Lake Corridor Study, “There is poor pedestrian access to the waterfront from Old West Austin.” The proposed project would solve this problem by the creation and construction of two new accessways that will provide bicycle and pedestrian access from the neighborhood to areas south of the Union Pacific railroad tracks, including Lamar Beach Park, Lady Bird Lake, and the Hike and Bike Trail. The project will also help to achieve the intent of Number 6 of the Top Ten Priorities of our Neighborhood Plan, which calls for a safe route to Austin High School and Town Lake by providing north-south access where the railroad tracks intersect Pressler Street. And, the proposed project will also include substantial improvements to Lamar Beach Park and new railroad safety crossings where the rail line intersects Pressler Street and Paul Street, which is important since the crossing is currently unsignaled. Finally, we are excited about the possibility of bringing residences to this Property, which has historically been developed only as warehouses. We hope the Board supports the requested variance, and we appreciate this opportunity to provide our Associations’ input. Sincerely, Brockett Davidson Chair Old West Austin Neighborhood Association D-7/23April 19, 2021 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services Re: Variance Case No. C15-2021-0035 - Letter of Support of Variance for 300 and 301 Pressler Street and 1409, 1501, and 1505 W. 3rd Street in Austin, Texas (the “Property”) Dear Members of the Board of Adjustment: The Old West Austin Neighborhood Association (“OWANA”) is in support of the proposed multi-family development to be located on the above-referenced Property, including the related variance request to increase the maximum height from 60’ to 75’. OWANA supports the variance and the project because the we believe the proposed project will address long-standing issues impacting our neighborhood and help advance the goals of our Neighborhood Plan without cutting against the intent and goals of the Waterfront Overlay. As identified in the 1986 Town Lake Corridor Study, “There is poor pedestrian access to the waterfront from Old West Austin.” The proposed project would solve this problem by the creation and construction of two new accessways that will provide bicycle and pedestrian access from the neighborhood to areas south of the Union Pacific railroad tracks, including Lamar Beach Park, Lady Bird Lake, and the Hike and Bike Trail. The project will also help to achieve the intent of Number 6 of the Top Ten Priorities of our Neighborhood Plan, which calls for a safe route to Austin High School and Town Lake by providing north- south access where the railroad tracks intersect Pressler Street. And, the proposed project will also include substantial improvements to Lamar Beach Park and new railroad safety crossings where the rail line intersects Pressler Street and Paul Street, which is important since the crossing is currently unsignaled. Finally, we are excited about the possibility of bringing residences to this Property, which has historically been developed only as warehouses. We hope the Board supports the requested variance, and we appreciate this opportunity to provide our Associations’ input. Sincerely, Brockett Davidson Chair Old West Austin Neighborhood Association D-7/24D-7/25 May 19, 2021 Elaine Ramirez City of Austin Board of Adjustment 301 W 2nd Street 1st Floor Austin, TX 78701 Re: Comments regarding an application for a variance from the Land Development Code for property located at 1409, 1501, & 1505 W. 3rd Street and 300 & 301 Pressler Street (“Application”) To Whom It May Concern: Thank you for allowing Union Pacific Railroad Company (“UP”) the opportunity to submit the following comments in response to the notice on the above-referenced Application. UP is a Delaware corporation that owns and operates a common carrier railroad network in the western half of the United States, including the State of Texas. UP’s rail network is vital to the economic health of Texas and the nation as a whole and its rail service to customers in the City of Austin area is crucial to the future success and growth of those customers. The proposed location that is the subject of the Application, namely property located at 1409, 1501, & 1505 W. 3rd Street and 300 & 301 Pressler Street (“Location”), is adjacent to UP’s operating property. Any land planning decisions should consider that train volumes near the Location may increase in the future. UP also asks that the City and the applicant keep in mind that this is a vital rail corridor and nearby land uses should be compatible with this continuing rail use. Increased Traffic Impact and Safety Concerns The safety of UP’s employees, customers, adjoining land owners, and the communities we operate through is our top priority. Any increase in traffic from the proposed change may render inadequate the current safety devices in place on any nearby at-grade crossings. Additionally, an increase of pedestrian and vehicular traffic may conflict with train operations causing trains to proceed more slowly through the area, and/or make more frequent emergency stops, which would make rail service less effective and efficient. Should this Application be approved, UP requests that the applicant, developer and the City examine any increase in vehicular and pedestrian traffic and the impacts on any nearby at-grade road crossings to see if any additional mitigation measures should be included. UNION PACIFIC CORPORATION 1400 Douglas Street, MS 1580 Omaha, Nebraska 68179 D-7/26Page 2 Use of UP Right-of-Way Trespassing UP is concerned that any construction equipment used in this project at this Location will impede its right-of-way. UP objects to any use of its right-of-way that is not separately approved by the UP real estate department. UP must maintain sufficient right-of-way for future railroad expansion or connection track. UP also requires its land be retained for maintenance purposes. Any increase in pedestrian traffic may increase the likelihood of trespassing onto the railroad right- of-way. UP requests that the developer and the City examine the impacts associated with the increased likelihood of trespassing in this Location and consider appropriate mitigation measures. For example, vandal resistant fencing at least 8 feet or taller (without impairing visibility), pavement markings and “no trespassing” signs designed to prevent individuals from trespassing onto the railroad tracks should be considered. Buffers and setbacks should also be required adjacent to the right-of-way. Noise and Vibration Impact UP’s 24-hour rail operations generate the noise and vibration one would expect from an active railway. Any increase in pedestrian and vehicular traffic may result in additional horn use by railroad employees. As a mitigation measure, the City should consider and make the public aware of the daytime and nighttime noise levels naturally occurring with rail service, including sounding horns at vehicle crossings where required, as well as the pre-existing and predictably-occurring vibration. These disclosures should note that train volume may increase in the future. The Application’s development plans should also include appropriate mitigation measures, such as construction of sound barrier walls or landscape buffers, and/or use of sound-proofing materials and techniques. Drainage and Project Construction UP requests the City ensure that the drainage plan relating to the Location does not shift storm water drainage toward UP property and infrastructure. Any runoff onto UP’s property may cause damage to its facilities resulting in a potential public safety issue. If the project is approved, we ask that the City require the developer to mitigate all safety risks and the impacts of the railroad’s 24-hour operations during the construction of the project, including contacting UP to arrange for flaggers for work performed within twenty-five feet (25’) of the nearest track. D-7/27Page 3 UP appreciates the applicant and the City and Applicant giving due consideration to the above concerns, as this proposed Application may result in impacts to land use and public safety. Please give notice to UP of all future hearings and other matters with respect to the Application as follows: John Van Gelder – Senior Manager Field Operations Union Pacific Railroad Company 1400 Douglas Street - STOP 1690 Omaha, NE 68179 (402) 544-8537 Please do not hesitate to contact John Van Gelder if you have any questions or concerns. Sincerely, Madeline E. Roebke Senior General Attorney Union Pacific Railroad Company cc: John Van Gelder Raquel Espinoza D-7/28