E-3 C15-2021-0101 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet D-2 DATE: Monday December 13, 2021 CASE NUMBER: C15-2021-0101 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Melissa Hawthorne ___Y____Barbara Mcarthur ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Richard Smith (OUT) ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___-____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Michael Whellan OWNER: 201 E Koenig Ln, LTD. (Donald Reece) ADDRESS: 201 and 403 KOENIG LN/5613 Avenue F (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to VARIANCE REQUESTED: The applicant is requesting a variance(s) from the Land Development Code Article 10, Compatibility Standards, Division 2 –Development Standards, Section 25-2-1063 (Height Limitations and Setbacks for Large Sites): a) 60 feet (requested) b) (C) (3) to increase allowed height from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive (maximum allowed) to 60 feet (requested) in order to erect a Vertical Mixed-use project with on-site affordable units and one acre of on-site, developed parkland in a “CS-MU-V-CO-NP”, General Commercial Services-Mixed Use-Vertical Mixed Use-Conditional Overlay – Neighborhood Plan zoning district. (North Loop Neighborhood Plan) Note: The Land Development Code Section 25-2-1063 Height Limitations and Setbacks for Large Sites (C) (2) three stories and 40 feet, if the structure is more than 50 feet and not more than 100 feet from property. (C) (3) for a structure more than 100 feet but not more than 300 feet from property zoned SF-5 or more restrictive, 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive. E-3/1 BOARD’S DECISION: BOA DEC 13, 2021 MEETING Madam Chair Jessica Cohen motions to Postpone the remaining cases to January 10, 2022 at City Hall due to technical difficulties –internet issues; Board Member Rahm McDaniel seconds on a 11-0 vote; POSTPONED TO JANUARY 10, 2022 DUE TO TECHNICAL DIFFICULTIES- INTERNET ISSUES. 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: 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 ____________________________ Jessica Cohen Madam Chair forE-3/2E-3/3E-3/4E-3/5E-3/6E-3/7E-3/8E-3/9E-3/10E-3/11E-3/12E-3/13E-3/14E-3/15E-3/16E-3/17E-3/18E-3/19E-3/20E-3/21E-3/22E-3/23E-3/24E-3/25E-3/26E-3/27E-3/28BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0101 BOA DATE: December 13th, 2021 ADDRESS: 403 & 201 E. Koenig COUNCIL DISTRICT: 4 and 5613 Avenue F OWNER: 201 E. Koenig Ln, LTD. (Donald J. Reese) ZONING: CS-MU-V-CO-NP (North Loop) AGENT: Michael J. Whellan LEGAL DESCRIPTION: ABS 789 SUR 57 WALLACE J P ACR 7.202 VARIANCE REQUEST: a) (C) (2) to increase height limit from three (3) stories and 40 feet (maximum allowed) to 60 feet (requested); b) (C) (3) to increase allowed height from 40 feet plus one foot for each 10 feet of distance in excess of 100 feet SUMMARY: vertical mixed-use project with on-site affordable units and on-site parkland ISSUES: protected trees, public utility, electrical, & telecom easements lot shape to the east, etc. Site CS-MU-V-CO-NP ZONING North South East SF-3-NP SF-3-NP CS-MU-V-CO-NP West CS-MU-V-CO-NP LAND USES General Commercial Services-Mixed Use, Vertical Mixed Use Single-Family Single-Family General Commercial Services-Mixed Use, Vertical Mixed Use General Commercial Services-Mixed Use, Vertical Mixed Use NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance North Loop Neighborhood Association North Loop Neighborhood Plan Contact Team Preservation Austin SELTexas Sierra Club, Austin Regional Group E-3/29December 6, 2021 Michael Gaudini 403 E Koenig Ln Austin TX, 78751 Re: C15-2021-0101 Property Description: ABS 789 SUR 57 WALLACE J P ACR 7.202 Dear Michael, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) from Section 25-2-1063 to increase building height limit. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 E-3/30A V E N U E D L I N K S K Y VIE W CLAYTON D U V A L A V E N U E G A I R P O R T 56TH 55TH H ALF K LIN E F U N E AV E G U N E AV K O E NIG E H U N E AV K O E NIG LN 56TH TIN R A M 55T H L VA U D 55 T H S N VA E 53 R D ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY 54T H NOTIFICATIONS CASE#: LOCATION: C15-2021-0101 403 & 201 E KOENIG LN AND 5613 AVENUE F 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 " = 292 ' 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. E-3/31E-3/32E-3/33E-3/34E-3/35E-3/36 MICHAEL J. WHELLAN (512) 435-2320 Via email Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Subject: October 19, 2021 Variance Request for TCAD Parcel No. 0226100701, locally known as 403 E. Koenig Ln. (“the Property”) Dear Members: Please accept this letter on behalf of 201 E. Koenig Lane LTD (the “Applicant”). The Applicant is requesting a variance from the compatibility standards for maximum height in order to provide a Vertical Mixed-Use (“VMU”) project featuring on-site affordable housing and a full acre of on-site parkland (the “Project”). Planning and Land Use Context The Property is currently zoned for CS-MU-V-CO-NP and has been used for Texas Gas Service’s offices for more than six decades. It is located on East Koenig Lane, just west of the rail line and Airport Boulevard. It is surrounded by roadways to the north (Koenig Lane), west (Avenue F), and south (East 56th Street), and by the rail line to the east. Beyond those boundaries, the lots to the east and west are both zoned for CS-MU-V-CO-NP and used for multifamily and auto sales, respectively, while the lots across the streets to the north and south are zoned for SF-3-NP and used for single-family. City of Austin (“City”) policies designate this site as an appropriate location for directing growth and obtaining affordable housing. For context, the City has a goal of 135,000 new housing units citywide and 3,105 new affordable housing units in District 4 by 2028. However, the City is not on track to meet these goals. Over just the first three years of tracking progress toward the goals, the City has already fallen over 14,500 units short on its citywide housing goal and nearly 400 units short on its District 4 affordable housing goal. The City has adopted a number of planning policies to better enable it to meet these housing needs, including directing new growth toward Imagine Austin Centers and along Transit Priority Network roadways and zoning certain properties with the VMU overlay, which allows projects to increase their unit count and floor area in order to achieve on-site affordable housing. E-3/37These policies set a clear vision for this Property: the City has designated it within an Imagine Austin Center (Highland Mall Station), has designated its three surrounding streets (Koenig Lane, Avenue F, and East 56th Street) as Transit Priority Network roadways, and has zoned it with the VMU overlay. At the same time, City policies also designate the Property as within a ‘parkland deficient’ area, marking it as a location that the City of Austin Parks and Recreation Department (“PARD”) has prioritized for new, on-site parks space. Variance Request The Applicant is seeking a variance in order to allow for a reasonable use of the Property as the type of development that City plans call for here: a mixed-use project with on-site affordable housing and a full acre of on-site parkland. This variance would relieve the Project from compatibility standards for height. Currently, Section 25-2- 1063 of the Land Development Code limits Project height to 40 ft. or three stories within 50 ft. to 100 ft. from a triggering lot, and limits Project height to 40 ft. plus one foot of height for each 10 ft. of distance beyond 100 ft. from a triggering lot. The requested variance would instead allow the Project to achieve the full 60 ft. allowed in its base zoning across the entire site. This relief will allow the Applicant to shrink the building footprint and provide a full acre of consolidated on-site parkland. The variance is necessary due to a number of physical and geographic constraints, including on-site protected trees, geographical proximity to the railroad crossing (to the east) and the intersection of Avenue F and Koenig Lane (to the west), a water line (to the north), public utility and electrical and telecom easements (to the east), a power line (to the south), and by the shape of the eastern portion of the site, due to the diagonal angle at which the railroad travels along it (See Figure 1 for discussion of constraints). Figure 1. Constraints Summary Constraint Impact On-Site Protected Trees Ensure protected tree preservation Geographic Proximity to Railroad Crossing (East) and Avenue F/Koenig Lane Intersection (West) Water Line (North) Public Utility Easement and Electrical and Telecoms Easement (East) Power Line (South) Site Shape (East) TXDOT mandates driveways be set back 425 ft. from railroad crossing and intersection The water line easement creates a 20-ft. setback running along much of the Koenig frontage Together, both easements yield a 20-ft. setback on the eastern property line Occupational Safety and Health Administration (“OSHA”) mandates 15-ft. setback from center pole The rail cuts across the site’s eastern boundary diagonally, further limiting usable area. Together, these constraints impact over 16 percent of the Property from all sides, undermining the reasonable use envisioned by the City and reducing the Project’s ability to help meet the City’s affordability and parkland needs, as discussed above. For context, accomplishing the City’s vision for parkland would further reduce buildable area by an estimated 15 percent – producing a combined impact Site Area Impacted 1.04% Site Layout Impact 7.53% 2.41% 5.54% Site Layout Impact E-3/38to the site area of over 30 percent. The requested variance would recognize this impact and provide the relief needed to accomplish the reasonable use of full parkland and a high level of affordable housing. Furthermore, the constraints described above impact the Property uniquely and in a manner that is not general to the area. The railroad serves as a boundary line between neighborhood areas (to the west of the rail line) and busier, highway-adjacent commercial areas (to the east). All of the other railroad- adjacent lots in the neighborhood area (west of the rail line) are either small single-family lots and/or smaller lots accessing local roadways. In contrast, the Property is uniquely situated on the neighborhood side of the rail as a mixed-use lot fronting both a Texas Department of Transportation (“TXDOT”) roadway and the railroad – and, accordingly, is the only such lot experiencing this confluence of constraints on all sides. Project History The Applicant submitted a site plan in late November 2020 for a Project with 434 units, with 44 income- restricted affordable units and an acre of on-site parkland. However, to date, constraints have dictated a layout for the parks space with which PARD disagreed. Specifically, these constraints dictated a layout that split the parkland into two different locations and included area that PARD determined they would not include in their parkland calculations. Initially, the Applicant appealed this disagreement to the Parks and Recreation Board (“PARB”) and to the Planning Commission (“PC”). During discussions over that appeal, members of both PARB and PC independently inquired as to whether the Applicant had sought a Board of Adjustment (“BOA”) variance to compatibility standards for height as a venue for relief. After deliberation, the Applicant determined that such a variance request would be both legitimate and appropriate, considering the physical and geographic hardships facing the Property. The Applicant then approached PARD and, based on positive feedback, proceeded with preparing this variance application. The relief provided by the requested variance would directly resolve the constraints-driven layout issues, allowing the Applicant to shrink the building footprint and consolidate the smaller, disparate parks spaces into a larger one-acre park – a plan that better reflects PARD’s parkland vision while also ensuring on-site affordable housing. Conclusion I believe our application demonstrates that the Property faces a number of site-specific hardships that impact it from all sides, undermining the reasonable use that the City envisions here. Accordingly, the Applicant is requesting a variance from compatibility standards for maximum height that would allow the Project to achieve the full 60 ft. provided in the base zoning across the Property. This requested relief will allow the Applicant to achieve a reasonable use and provide a mixed-use Project with on-site affordable housing and a full acre of quality, on-site parkland. Sincerely, Michael J. Whellan E-3/39EXISTING 1 STORY BRICK OFFICE BUILDINGEXISTING 1 STORY METAL STORAGEBUILDINGSEXISTING PARKING LOTE. KOENIG LANE56TH STREETAVE. FRAIL LINEAVE. GSF-3-NP USE: RESIDENCE SF-3-NP; USE: RESIDENCE 403 E KOENIG SITEEXISTING ZONING AND USE DIAGRAM2021.10.19CS-MU-V-CO-NPUSE: RETAIL/MFSF-3-NP USE: RESIDENCE SF-3-NP; USE: RESIDENCE SF-3-NP USE: RESIDENCE SF-3-NP; USE: RESIDENCE SF-3-NP; USE: RESIDENCE 0 40 80 160CS-MU-V-CO-NPUSE: RETAIL/MFAVE. HDUVALE-3/40PROPOSED 5-STORYAPARTMENT BUILDINGE. KOENIG LANE56TH STREETAVE. FRAIL LINEAVE. GSF-3-NP USE: RESIDENCE SF-3-NP; USE: RESIDENCE 403 E KOENIG SITEPROPOSED SITE DIAGRAM2021.10.19CS-MU-V-CO-NPUSE: RETAIL/MFSF-3-NP USE: RESIDENCE SF-3-NP; USE: RESIDENCE SF-3-NP USE: RESIDENCE SF-3-NP; USE: RESIDENCE SF-3-NP; USE: RESIDENCE 0 40 80 160PROPOSED 5-STORYAPARTMENT BUILDINGCS-MU-V-CO-NPUSE: RETAIL/MFAVE. HDUVALE-3/41 Site Aerial E-3/42E-3/43E-3/44E-3/45E-3/46E-3/47E-3/48E-3/49E-3/50E-3/51E-3/52From: To: Subject: Date: Patrick Goetz Ramirez, Elaine Case #C15-2021-0101 Tuesday, December 07, 2021 10:06:31 AM *** External Email - Exercise Caution *** Hi - I'm writing to state that I SUPPORT the requested variance. The LDC Section 25-2-1063 is one of the primary reasons Austin has the among the highest housing costs in the nation. In the absence of a new, more inclusive LDC, we have to do the best that we can. Thank you. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/53E-3/54From: To: Subject: Date: Brian Poteet Ramirez, Elaine In support of C15-2021-0101 Friday, December 10, 2021 3:07:10 PM *** External Email - Exercise Caution *** Hi Elaine, I can't attend the meeting next week, but I would like to voice my support for the variance request for the property at 403/201 East Koenig Ln and 5613 Avenue F. Here are a few reasons I think the variance should be approved: The city is behind on its housing goals (both affordable and market rate), and building higher on this lot will get us close to meeting those goals. The property is serviced by two high frequency bus lines. Building more housing on this lot will help the city meet its mode shift goals outlined in the ASMP. The North Loop Neighborhood Association unanimously voted in support of the variance. Personally I don't think this should matter given how unrepresentative the association is of the neighborhood, but I guess that probably matters to some of the commissioners. Compatibility requirements have a huge impact on this site, and it would be a real shame if we let those requirements get in the way of a better project for everyone. Best regards, Brian Poteet North Loop Homeowner CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/55From: To: Subject: Date: Shannon May Ramirez, Elaine Hangar project at Koenig & F Sunday, December 12, 2021 9:58:46 PM *** External Email - Exercise Caution *** Case # C15-2021-0101 - 403/201 Ms. Ramirez, I’m writing to express my strong support for the height variance requested for the Hangar project at Koenig and Avenue F. I was not happy about the project as it was originally proposed, but SECO has been very involved with the neighborhood association and has made good faith efforts to address our many concerns. So much so that their presentation of the current design won unanimous support from the association, no easy feat. I feel very strongly that the design before you is our best hope to have the lot responsibly developed in a way that pleases the most neighbors. I am three lots down from 56th and it will be in my line of sight, I have spoken with neighbors who live along 56th, and as people with vested interest, we want the height variance in order to achieve our other goals. Further, I’ve found that every neighbor I have conversed with that wished to protest the variance has not been privy to the months of work and compromise between SECO, PARD and the NL Association. Their full knowledge comes from the notice received in the mail that has no context, only a statement of height change request. Once I’ve shared some background, most have appreciated why the variance is desired and that it’s in our best interest. If the variance is not approved, we will lose contiguous park space, we will have parking garages face our homes, and we will be receiving little to no benefit from the development. Only heavier traffic in a traffic-challenged area. I would be very sorry to end up with another complex like Koenig Flats on this lot. The Flats design is a detriment to our neighborhood for a list of reasons. And it exists as it does because the original developer backed out after a group of neighbors overruled the support of the neighborhood association in their height variance request. Please grant the variance so that the neighbors (especially immediate neighbors) and the developer can all receive what we need to live happily with the completed project. Many thanks, Shannon May 5512 Avenue F 469-235-6553 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/56From: To: Subject: Date: Meagan Dean Ramirez, Elaine C15-2021-0101 Monday, December 13, 2021 8:37:42 AM *** External Email - Exercise Caution *** Good Morning Elaine, I’m writing to express my support of the variance request for 402 and 201 E Koenig Lane and 5613 Avenue F. As an immediately adjacent neighbor at 5516 Avenue F, I have been involved with the negotiations at the Neighborhood Association level and the variance allows the developer and the neighborhood to benefit. The developer listened to our concerns and made concessions to address them. The neighborhood benefits in a larger consolidated park, more neighborhood connectivity to the apartments due to the reorientation of the parking garages and increased affordable housing. The difference between 3/4 stories and the planned 5 stories under the variance is a small price to pay for a development that actually benefits the neighborhood in so many ways and we are looking forward to a park in walking distance!! Thanks! Meagan Dean Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/57From: To: Subject: Date: Attachments: Dan Solomon Ramirez, Elaine Re: Variance for Hangar project at Ave F and 56th St. Monday, December 13, 2021 9:23:23 AM image001.png *** External Email - Exercise Caution *** Understood, thank you! I’m writing to express my support for the variance for the Hangar Project (C15-2021-0101 - 403/201 East Koenig Ln and 5613 Avenue F). I live a few blocks away and walk my dog past the site every day, and would like to see this plan, which includes neighborhood amenities, approved. Thanks, Dan Solomon 304 W 55th St, Austin, TX 78751 On Mon, Dec 13, 2021 at 9:17 AM Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> wrote: Hi Daniel, You can write your comments on the form and e-mail it to me in PDF format. Or you can send it to me in an e-mail, make sure to include the case #, address of variance and then at the bottom where you sign your name make sure to include your address. I have no idea what case this is for as you have not included the address and case # Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department 6310 Wilhelmina Delco Dr, Austin, Texas 78752 Office: 512-974-2202 E-3/58 PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: noreply@coadigital.onbehalfof.austintexas.gov [mailto:noreply@coadigital.onbehalfof.austintexas.gov] Sent: Monday, December 13, 2021 8:32 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Subject: Variance for Hangar project at Ave F and 56th St. This message is from Dan Solomon. [ Dear Ms. Ramírez, I’m writing to express my support for the variance for the Hangar Project at the old Texas Gas Service site on Ave F and 56th St. I live a few blocks away and walk my dog past the site every day, and would like to see this plan, which includes neighborhood amenities, approved. Thanks, Dan Solomon CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/59From: To: Subject: Date: Diana Spain Ramirez, Elaine Support for variance request # C15-2021-0101 - 403/201 East Koenig Ln and 5613 Avenue F. Monday, December 13, 2021 10:05:52 AM *** External Email - Exercise Caution *** Good morning, Ms. Ramirez, I am a homeowner in the North Loop neighborhood (5410 Avenue F) and a member of the North Loop Neighborhood Association. I am writing you to let you know that, although I cannot attend the Board of Adjustments meeting tonight about the above variance, I am in full support of it. I hope I have contacted you soon enough to communicate my support to the Board. Thank you very much, Diana Spain 5410 Avenue F Austin, TX 78751-1311 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/60From: To: Subject: Date: TONY ALONZI Ramirez, Elaine C15-2021-0101 Sunday, December 05, 2021 12:21:56 PM *** External Email - Exercise Caution *** CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. Sent from my iPhone E-3/61From: To: Subject: Date: Zach Reich Ramirez, Elaine C15-2021-0101 - Variance I OPPOSE (Both A and B) Monday, December 06, 2021 9:28:36 AM *** External Email - Exercise Caution *** I am completely opposed to this variance for this property. This is the property listed in the case number I put in the subject line. This change will dramatically raise the heights of this development and I think will be a big detractor in the neighborhood. Higher buildings mean more people which means more traffic and more potential parking spaces getting taken not to mention the size will be over bearing. 40 feet is already high enough but the fact they want to raise it to 60 feet is not acceptable in my opinion. I am completely opposed to this variance and I will be returning the form to the city and I will also make my best efforts to attend the variance hearings. In a nutshell I oppose this variance request. If you have any additional follow-up questions please feel free to contact me. Elaine, Regards, Zach R. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/62E-3/63From: To: Subject: Date: Amelia Hinds Ramirez, Elaine BOA12/13 Comments for Koenig SECO ventures height variance Monday, December 13, 2021 8:12:46 AM *** External Email - Exercise Caution *** Hello Ms. Ramirez, Please include this written comment opposing the height variance for Koenig Hangar/Tx Gas Service on Koenig/Ave F. This variance would be extremely out of place, and create a huge increase in an already congested area surrounded by single family homes. The traffic light at this corner is already a dangerous mess. The property is surrounded by single family homes that have been there since the 50s. I have been here since the 80s, and have relied on city code to protect my quality of life when it comes to greedy development investors. I am disappointed that our neighborhood in SkyView could not be more organized to prepare our unified opposition but there are a good many of us who do not support this variance. Unfortunately, we only found out about this recently. I hope that the BOA keeps in mind that this is a very busy time of year, and people to not have the bandwidth to fight these variances. It is up to the BOA to maintain the city code and uphold these restrictions for those of us who can not be there in person to defend our quality of life. They are not adding hardly any affordable units, and there is no reason to support this variance. Thank you. Amelia Hinds Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/64From: To: Subject: Date: Greg Graml Ramirez, Elaine Variance request for Case No. C15-2021-0101 Monday, December 13, 2021 8:52:01 AM *** External Email - Exercise Caution *** Members of the Board of Adjustment, I own a property directly across E. 56th Street from the proposed development (403 & 201 E. Koenig Lane and 5613 Avenue F, Case No. C15-2021-0101). I previously submitted comments generally supporting the project as it was configured when being evaluated by the parks department. However, I now have significant concerns with the updated configuration and variance request that, as written, would allow for a 60-foot-tall building with 5 stories located as close to 50 feet from a single-family property. From a functional standpoint, I propose a narrowly-tailored alternative to the request made by the developer. Specifically, for the portion of the structure within 100 feet of SFR properties, I propose that a variance only apply if the structure is at least 70 feet from the SFR property (which is the distance reflected on page D-2/23 of the advance packet) and that the variance would increase the allowable height from 40 to 50 feet (rather than 40 to 60 feet as the developer requested). With this change, the portion of the structure facing 56th street could be four stories. Without the any variance, it would be three stories, and with the developer's proposed variance it could be five stories. That is the only change I request as compared to the developer's proposed variance. (For the portion of the structure fronting E. Koenig, the developer's proposed variance applicable based on allowing a 60-foot height would be separated from SFR properties by 100 feet and a four-lane road with a median, a much more substantial buffer than exists along 56th street.) I applaud the efforts of the developer with the neighborhood association to work towards a more neighborhood-friendly configuration and a more substantial park space. However, the five-story building wall across 56th street looms too large, staring down into yards and homes. (See pages D-2/22 and 23 of the advance packet.) I understand my proposal may reduce the number of units at the project as compared to the developer's requested variance. However, as compared to the Land Development Code, the variance would continue to allow for a significant increase to the vertical element, and very likely represents an increase in total units as compared to what strict adherence to the Land Development Code would allow. (A comparison to the number of units in the plan that the parks department opposed is not an appropriate comparison because that plan ultimate did not get approval.) E-3/65The specific language for the variance would be: A variance to 25-2-1063(C)(2) for the portion of a structure that is at least 70 feet from property described in (a) or (b) to increase the height limit from three stories and 40 feet to four stories and 50 feet. I am not opposed to the variance from 25-2-1063(C)(3) as proposed by the developer. Thank you for your consideration, Greg Graml, Owner 5516 Avenue G Austin, Texas 78751 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/66From: To: Subject: Date: Aaron Robertson Ramirez, Elaine BOA comment Koenig 12/13 Monday, December 13, 2021 9:18:49 AM *** External Email - Exercise Caution *** Hello Board, I am writing to express my disappointment that the North Loop neighbors would support an incredible disparate height variance from the maximum that the code permits. I reside in the Skyview neighborhood on the north side of the project where we do not have a coalesced association but I know many of neighbors who oppose this height variance. The property is surrounded by single family homes, and would greatly intrude on the view from their residences, as well as contribute to the heat island becoming more prevalent along Koenig Rd. This specific area is so dense already and the traffic at the street light is ever increasing. We hear weekly motor vehicle wrecks at the light of Avenue F/Koenig. We have a neighbor who was severely disabled at this traffic light. Making this area more dense is not in keeping with the neighborhood surrounding this plot of land. Please record my opposition to the support of this variance. Thank you, Aaron Robertson CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/67From: To: Subject: Date: Patty Quinzi Ramirez, Elaine Case # C15-2021-0101 Koenig/Ave F Variance request Monday, December 13, 2021 9:30:21 AM *** External Email - Exercise Caution *** I attended a Zoom meeting with the developer and very much disagree with the lack of planning and community input involved in this development. I’ve lived in this neighborhood for 25 years. -the lack of low-income housing available is this development is simply unacceptable. 10 units of low-income housing in a large development shows the profit motive and lack of concern for community members like teachers who serve our community and who need affordable housing to live where they work. -Alarmingly, the developer plans to use a pedestrian walkway to slow down traffic between the highway and Ave. F. I’ve seen how fast cars come from that direction and have narrowly avoided several disasters by being extra cautious in this area. It’s inconceivable to use pedestrians to slow down traffic in the form of human speed bumps. -Parking is a concern because the developer wants pedestrians to easily access the neighborhood streets north of Koenig. This leads me to believe the developer anticipates people parking on our streets, which are already crowded with parked cars. -The increase of cars due to residents in the new development will exacerbate an already bad traffic problem. When we had the meeting with the developer, people asked if they had requested a traffic study from the city, which they had not. Traffic is already very bad and many who live in the neighborhood avoid the Koenig/Ave. F intersection because of the high number of cars that run the red light there. We’ve seen countless accidents there and the developer does not seem at all concerned as it seemed to be an afterthought to seek a traffic study. -The lack of green space and the amount of impervious cover over the land is concerning regarding water containment and flooding. -lastly, our neighborhood is called Skyview, and this construction and the height variance will eliminate part of the view itself! Overall, the developers seem to be particularly profit-driven, and in a big rush to cash in without much concern for the community, the neighborhood, and the people. Please DENY this variance request. Patty Quinzi CAUTION: This email was received at the City of Austin, from an EXTERNAL source. E-3/68From: To: Subject: Date: Patty Quinzi Ramirez, Elaine Case # C15-2021-0101 Koenig/Ave F Variance request Monday, December 13, 2021 9:30:21 AM *** External Email - Exercise Caution *** I attended a Zoom meeting with the developer and very much disagree with the lack of planning and community input involved in this development. I’ve lived in this neighborhood for 25 years. -the lack of low-income housing available is this development is simply unacceptable. 10 units of low-income housing in a large development shows the profit motive and lack of concern for community members like teachers who serve our community and who need affordable housing to live where they work. -Alarmingly, the developer plans to use a pedestrian walkway to slow down traffic between the highway and Ave. F. I’ve seen how fast cars come from that direction and have narrowly avoided several disasters by being extra cautious in this area. It’s inconceivable to use pedestrians to slow down traffic in the form of human speed bumps. -Parking is a concern because the developer wants pedestrians to easily access the neighborhood streets north of Koenig. This leads me to believe the developer anticipates people parking on our streets, which are already crowded with parked cars. -The increase of cars due to residents in the new development will exacerbate an already bad traffic problem. When we had the meeting with the developer, people asked if they had requested a traffic study from the city, which they had not. Traffic is already very bad and many who live in the neighborhood avoid the Koenig/Ave. F intersection because of the high number of cars that run the red light there. We’ve seen countless accidents there and the developer does not seem at all concerned as it seemed to be an afterthought to seek a traffic study. -The lack of green space and the amount of impervious cover over the land is concerning regarding water containment and flooding. -lastly, our neighborhood is called Skyview, and this construction and the height variance will eliminate part of the view itself! Overall, the developers seem to be particularly profit-driven, and in a big rush to cash in without much concern for the community, the neighborhood, and the people. Please DENY this variance request. Patty Quinzi CAUTION: This email was received at the City of Austin, from an EXTERNAL source. E-3/69From: To: Subject: Date: Attachments: Ramirez, Elaine [Transcribed] Voice Message From: 1 Monday, December 13, 2021 8:24:13 AM Hi, this is Michael Rochelle at 5803 Avenue. G just calling to see if my opposition to the zoning variance. I do not want a higher taller building at the Texas gas service building with the new development. I don't think that would be good for the area. It's already extremely congested there and I do not want the Tower building in my neighborhood again. I'm at 1503 Avenue G Michael Walsh, L W O R C H P M thank you. E-3/70Ramirez, Elaine Oppose zoning variance at Texas Gas Monday, December 13, 2021 8:24:43 AM *** External Email - Exercise Caution *** From: To: Subject: Date: Hello, Thank you, Michael Worchel 512-917-5935 I am writing to express my opposition to the height variance for the development at the Texas Gas service site. I live at 5803 avenue G. I don’t believe that a taller building would serve the neighborhoods interests at all. Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/71From: To: Subject: Date: Paul Quinzi Ramirez, Elaine C15-2021-0101, Koenig and Avenue F Monday, December 13, 2021 9:34:39 AM *** External Email - Exercise Caution *** I have serious concerns about the plans I heard from the developer of this project in the zoom meeting for the Skyview neighborhood. Height variance Our neighborhood is called Skyview. There will be significantly less sky to view if they are allowed to buy their way out of the height restrictions. I am adamantly opposed to the variance they are seeking to allow them to build up to 60 feet. They stand to gain a great deal of money if they get it. And given how badly we need affordable housing in town, they should be required to provide many more than 10 units if they are allowed to enrich themselves by casting an even taller shadow on us. Crosswalk They also seek to ask the city to install a pedestrian crosswalk in the middle of the street in front of what must be one of the most dangerous intersections in a residential area in town. People come speeding off of 290 where it becomes Koenig, and have wrecks here all the time at Avenue F. Not only will the people in the crosswalk be in danger, but those who do stop at it are in danger of being hit from behind. Parking This is a residential neighborhood north of Koenig. There is nothing on this side of the street they need to access, unless they plan to have people park over here on our streets to use their facilities. Which it sounds like they do, because the planned for only 8 parking spaces for all the buildings, 3 of which would be handicap spaces. We do not want to need permits to park in front of our own houses, which we will probably have to fight for later unless they get their act together. “Dog” Park? They say they plan to build a “dog park” for the use of everyone, not just their residents.I’m skeptical, as they would not commit to using the term “off leash.” Dogs are allowed at all parks. It should be an off-leash dog park, which we desperately need more of in this city. And they should not be allowed to buy their way out of providing park land which it sounded like they also intended to do. Overall I was unimpressed with the lack of planning, judgment, candor, and common sense displayed at our meeting with them. Please don’t let them weasel out of their obligations. pq Paul Quinzi Law Office of Paul Quinzi, PLLC 707 West 10th Street Austin, TX 78701 E-3/72CONFIDENTIALITY NOTICE: This communication is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this message in error, please notify the sender immediately. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/73From: To: Subject: Date: Carol Olewin Ramirez, Elaine Seco Development 403 and 201 E Koenig Ln Monday, December 13, 2021 4:29:09 PM *** External Email - Exercise Caution *** In regards to the height variance request of Seco Development of 403 and 201 E Koenig Ln and 5613 Ave F, I Oppose granting the height variance. The increased height to 5 stories will have a negative impact on the aesthetics of the Skyview Neighborhood as well as a negative impact on the aesthetics of Koenig Ln. The height increase to 5 stories will increase the number of dwelling units further exacerbating the congestion already in the area. Although both the North Loop Neighborhood Association and the Skyview Neighborhood Association are voicing their support for the height variance, that does not mean all residents in both neighborhoods support the request. I participated in both neighborhood discussions about the Seco Development and their request for a height variance. I voiced my opposition but was out voted by the group. I stand by my opposition to the height variance because of the negative impact it will have on our neighborhood. Carol Olewin 302 W Skyview Rd, Austin, TX 78752 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/74From: To: Subject: Date: Cynthia Korth Waring Ramirez, Elaine Height variance Wednesday, December 15, 2021 11:04:55 PM *** External Email - Exercise Caution *** No no no to the height variance for the development at Koenig and Ave F. We are residents at 204 east Skyview and oppose the variance. Signed, Cynthia Waring Sent from my iPad CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. E-3/75