B-06 (C14-2020-0089 - Twelfth and Springdale Residences; District 3).pdf

Planning Commission – April 13, 2021

B-06 (C14-2020-0089 - Twelfth and Springdale Residences; District 3).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2020-0089 Twelfth and Springdale Residences DISTRICT: 1 ZONING FROM: GR-MU-NP ADDRESS: 1200, 1202 and 1208 Springdale Road SITE AREA: 1.47acres (64,033.20 square feet) TO: GR-MU-V-NP (as amended 02/01/2021) PROPERTY OWNER: JJ&B Investments, LLC (Brent Ellinger, Janet Ellinger, Joseph Malone) AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request for rezoning to GR-MU-V-NP. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: April 13, 2021: CITY COUNCIL ACTION: May 6, 2021: ORDINANCE NUMBER: B-61 of 127C14-2020-0089 2 ISSUES: This rezoning request is distinct from requests submitted in January and February of 2020 (C14-2020-0003 and C14-2020-0014). The prospective developers involved in those requests withdrew their applications prior to public hearing because they decided not to pursue the purchase of the property because the site did not meet their development needs. The current rezoning request previously included two tracts, requesting a change from SF-3- NP to MF-6-NP for Tract 1 and from GR-MU-NP to GR-MU-V-NP for Tract 2. On February 1, 2021 the applicant removed Tract 1 from the rezoning request. Please see Exhibit C- Original Zoning Request. A petition has been filed in response to the proposed rezoning. The petition is currently being reviewed by staff to determine if it meets the criteria of a Valid Petition. Please see Exhibit D- Valid Petition Request. The rezoning tract is immediately adjacent to a historic cemetery that dates to the 1800s. Neighbors have expressed concerned about the possibility of graves being located outside the property lines of the cemetery and possibly located on the rezoning tract. The rezoning tract is not located on an existing or future core transit corridor. Springdale Road is designated as an Activity Corridor in the Imagine Austin Comprehensive Plan. CASE MANAGER COMMENTS: The rezoning tract is located northwest of the intersection of East 12th Street and Springdale Road; the undeveloped property is zoned GR-MU-NP. Immediately south of the property is a small retail center that is also zoned GR-MU-NP and contains general restaurant-limited and personal services land uses. Immediately west of the rezoning tract is undeveloped SF-3-NP property that is under the same ownership as the rezoning tract. Approximately 90 feet southwest of the property are four single family lots developed with single family residential land use. Immediately north of the rezoning tract is Bethany Cemetery, which is zoned P-NP. Across Springdale Road to the east is Norman-Sims Elementary School, which is also zoned P-NP. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. The adjacent cemetery, Bethany Cemetery, is a privately owned, historically African- American cemetery established in the 1800s. Bethany Cemetery was designated a Historic Texas Cemetery in 2003. The applicant is working with the Texas Historical Commission to verify the history and boundaries of the cemetery. The applicant has provided documentation regarding this ongoing process. If any graves are located within the boundaries of the rezoning tract the property owner will be responsible for relocating the graves. Please see Exhibit E- Cemetery Report. In addition to the cemetery, neighbors have raised concerns about drainage in the area. Cometa Street, approximately 560 feet west of the rezoning tract, is located within FEMA designated floodplain. Any development of multifamily or commercial uses on the rezoning tract will require an engineered site plan. Please see Exhibit F- Topographic Exhibit. B-62 of 127C14-2020-0089 3 Staff has received correspondence regarding the rezoning request. Please see Exhibit G- Correspondence. Staff supports the proposed rezoning to add Vertical Mixed Use Building (VMU or V) to the existing GR-MU-NP zoning. If the density bonus of the VMU overlay is utilized, the site would be required to provide that 10% of the units be affordable at 80% MFI. The site would also require that at least 75% of the building frontage along the principal street be designed for commercial uses on the ground floor level. The proposed rezoning would add market rate and affordable multifamily housing options in an area that currently has single family and townhouse condominium residences. As a VMU building the property would be required to have ground floor commercial uses; without the designation, the site would not be required to have a mix of residential and commercial or office uses. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the goals and objectives of the City Council. The rezoning should be consistent with the policies and principles adopted by the City Council or Planning Commission. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. 2. 3. The rezoning would allow development of the property with both market rate and affordable multifamily residential units. The Strategic Housing Blueprint, as adopted by Council, promotes additional affordable housing across the city. A VMU building would add multifamily units in an area with limited multifamily options. A mix of housing types in an area has been promoted by Commission and Council, to allow a range of individuals and families to find suitable options. EXISTING ZONING AND LAND USES: ZONING Site GR-MU-NP North P-NP South GR-MU-NP P-NP East West SF-3-NP LAND USES Undeveloped Cemetery General restaurant-limited, Personal services Public elementary school Undeveloped, Single family residential NEIGHBORHOOD PLANNING AREA: East MLK Combined TIA/NTA: Deferred to time of site plan WATERSHED: Tannehill Branch SCHOOLS: Norman-Sims Elementary Martin Middle School LBJ High School NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Friends of Austin Neighborhoods Austin Neighborhoods Council Neighbors United for Progress B-63 of 127C14-2020-0089 4 East Austin Conservancy Friends of Northeast Austin Springdale-Airport Neighborhood Association Preservation Austin Neighborhood Empowerment Foundation Martin Luther King Neighborhood Association East MLK Combined Neighborhood Contact Team Austin Lost and Found Pets Del Valle Community Coalition Seltexas Sierra Club Bike Austin Homeless Neighborhood Association PLANNING COMMISSION CITY COUNCIL AREA CASE HISTORIES: CITY FILE # / NAME C14-2020-0003 Springdale Residences 4120 E. 12th Street C14-2020-0014 Twelve Springdale Residences 1200, 1202 & 1208 Springdale Road ZONING FROM & TO SF-3-NP to MF-6 WITHDRAWN GR-MU-NP to GR-MU-V-NP WITHDRAWN EXISTING STREET CHARACTERISTICS: OTHER STAFF COMMENTS: Comprehensive Planning Connectivity- Two public transit stops are located less than 200 feet away from the subject property. There are public sidewalks and bike lanes located along this portion of East 12th Street. Springdale Road has an incomplete public sidewalk system but does include bike lanes and a public transit stop. Some retail options, a public elementary school and recreation center/district park are located within a half of a mile of the subject property. The mobility and connectivity options in this area are above average. East MLK Combined Neighborhood Plan- The East MLK Plan Future Land Use Map (FLUM) classifies the subject property as Mixed Use. Mixed Use Land Use FLUM Category is defined as an area appropriate for a mix of residential and non-residential uses. The following E MLK Combined Neighborhood Plan policies and text are applicable to this case: Vision-The East MLK Neighborhood is to be a diverse community that emphasizes traditional values, pride of ownership and a strong sense of community. The Neighborhood will be well balanced with residential and commercial uses, walkable shops, restaurants, cultural opportunities, parks and green spaces. East MLK is to be a safe, quiet, pedestrian oriented neighborhood with clean, well lit, tree lined streets, maintained yards, and accessible to public transportation. (pg. 3) B-64 of 127C14-2020-0089 5 East MLK Design Guidelines- Ensure compatibility and encourage adjacent land uses to complement each other. The Guidelines may indicate a neighborhood’s preference for increasing or decreasing the occurrence of certain types of land uses. Examples of this are as “encouraging more owner-occupied residential units” or “encouraging more nearby small- scale retail or grocery stores.” Creating easily accessible areas of mixed-use and neighborhood-oriented services can also minimize the need for residents to travel by car to get goods and services needed on a day-to-day basis. (p 19) Goal Four - Promote the development and enhancement of the neighborhood’s major corridors. (p 45) Objective 4.1: Allow mixed use development along major corridors and intersections Goal Five: Provide housing that helps maintain the social and economic diversity of residents. (pg. 45) Objective 5.1: Allow a mix of residential types on larger tracts having access to major roadways. Action Items- Action 11- Allow neighborhood commercial/mixed use at the intersection of 12th and Springdale. Imagine Austin- This property is located adjacent to an Activity Corridor (Springdale Road) as identified by the Imagine Austin Growth Concept Map. Activity Corridors are characterized by a variety of activities and types of buildings located along the roadway, and are intended to allow people to reside, work, shop, access services, people watch, recreate, and hang out without traveling far distances. The following Imagine Austin policies are also applicable to this case:  LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs.  LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children.  HN P1. Distribute a variety of housing types throughout the City to expand the choices able to meet the financial and lifestyle needs of Austin’s diverse population.  HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to schools, retail, employment, community services, and parks and recreation options. Based on this project being located along an Activity Corridor, which supports multifamily and mixed use; mobility and connectivity strengths in the area, the project appears to be support the Imagine Austin Comprehensive Plan. Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Tannehill Branch Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is a floodplain within the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within the project location. Development is limited within B-65 of 127C14-2020-0089 6 the Critical Water Quality Zone. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. Site Plan SP 1. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. SP 2. The site is subject to compatibility standards. Along the north and west property lines, the following standards apply: a. No structure may be built within 25 feet of the property line. b. No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line. c. No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. d. No parking or driveways are allowed within 25 feet of the property line. e. A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. SP 3. Additional design regulations will be enforced at the time a site plan is submitted. SP 4. This property is within the Controlled Compatible Land Use Area defined by Chapter 241 of the Local Government Code. Development on this property is limited by Chapter 25- 13 of the Austin City Code. Airport hazards as defined in Federal Aviation Regulations Part 77, as adopted by the City in Sections 25-13-23, are prohibited. For more information, contact the Airport planning office at (512) 530-6652. Parkland PR1: Parkland dedication will be required for the new residential units proposed by this development, multifamily with GR-MU-V-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov . At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. B-66 of 127C14-2020-0089 7 Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies existing sufficient existing right-of-way E. 12th Street and Springdale Road. The traffic impact analysis should be deferred to the time of site plan application when land uses and intensities will be known. Austin Water Utility AW1. The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. Previous Service Extension Requests 4294 (W) and 4295(WW) may need to be revised based on development plans submitted. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Original Zoning Request D. Valid Petition Request E. Cemetery Report F. Topographic Exhibit G. Correspondence B-67 of 127P-NP E M A R T I N L U T H E R K I N G J R B L V D ( ( ( ( ( ( ( ( ( ( ( J J S E A ( ( ( B R O O K D R ( ( ( ( V I C T O ( ( R I A ( ( ( R D M O N T I C E L L O C I R ( ( SF-3-NP WILDROSE DR ( ( C14-02-0142.003 ( ( ( ( ( ( AST O R PL ( ( ( ( SF-3-NP ( ( ( ( C A R M E L D R ( ( SF-3-NP SF-3-NP ( SF-3-NP 6 8 - 9 3 ( A D R I A N E D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP C O M E ( ( T A S T ( ( ( ( ( ( ( ( = = = ( ( ( ( ( L U N A S T ( ( ( ( ( ( ( C H A S E C I R ( ( ( = ( ( ( ( SF-3-NP ( E 1 6 T H S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( P E R E Z S T ( ( = ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( P O O L ( ( ( ( ( ( ( ( ( = SF-6-NP ( ( ( ( = 7 9 - 2 7 2 SF-6-NP 6 8 - 9 4 ( ( ( ( E 1 2 T H S T SF-6-NP 6 8 - 9 4 C14-02-0142.003 P A R K I N G PLUMMER'S CEMETARY P-NP ( ( ( ( ( ( ( ( ( ( ( ( ( E 1 6T H S T ( ( ( ( ( ( ( W A L D O R F A V E ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( O V E ( LO-MU-NP ( HILL D R R SF-3-NP ( ( ( ( ( ( ( D A R ( ( M I R E L ( ( ( ( ( ( KITTY AV ( E ( ( ( ( ( SF-3-NP ( ( ( F A I R P L A Y C T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( K CLIFF D ( ( R ( O A ( ( SF-3-NP ( ( 02-0142.002 ( ( ( ( ( ( ( ( ( ( EXHIBIT A ( ( ( B A N D E R ( ( ( A R D ( ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( LE ( ( SLIE AV E ( ( ( ( ( C14H-2018-0032 ( SF-3--H-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( G L O M A R A V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( M A R C U S P L ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( W A LLY A V E ( ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( ( ( H2008-0036 C14H-2008-0036 SF-3-H-NP ( ( ( ( SF-3-NP ( ( P E N N Y S T ( ( ( ( ( ( ( ( 02-0142.002 ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( S RE ( D O N D ( ( O D R ( ( 02-0142.002 ( ( E V E A N E R E B ( ( ( ( ( RIB B E C K ( ( E AV E ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( P 8 4 - 8 6 8 4 - 3 5 0 C E M E T E R Y P-NP CEMETERY ! ! ! ! ! > U N D E V ! V A C ! ! ! ! ! ! ! GR-MU-NP ! ! ! R E T A I L ! ! RES T. ! ! ! ! ! 7 2 - 1 3 6 02-0142.002 SIMS ELEMENTARY SCHOOL P-NP 87-052 02-0142.002 LR-NP ( ( ( D E R ( L V IL ( ( ( SF-3-NP 02-0142.002 B E W R E B ( D E R L A D G RIN P S ( 8 5 0 - 5 8 P S 83-235 RC ( 02-0142.002 ( ( GR-MU-NP STA. ( APTS. 3 2 1-2 8 Y R E T E M E C APTS. ( 53-106 02-0142.002 GR-MU-NP ( ( ( D E L O ( ( ( ( R E S A V E ( 02-0142.002 ( ( ( ( SF-3-NP ( ( ( ( ( ( SF-3-NP ( ( ( ( ( 02-0142.002 S A N ( TA A ( ( ( ( N N ( ( A S T ( ( ( ( ( ( ( 02-0142.002 SF-3-NP ( ( ( ( ( ( ZONING 02-0142.002 P-NP 93-160 VAC BLDG. P96-0203 C S G . D L ( B 83-244 ( U N D E V CHURCH = SP-96-0309C ( ( ( ( 02-0142.002 ( ( SF-3-NP GR-MU-NP A P T S. GR-MU-NP B A R A P T S. = 02-0142.002 ( SF-3-NP ( ( LO ( TT AV E U N D E V ( ( ( E V L A L E S N A M SF-3-NP E V A D L E I F T S A E 2 0 2.0 ( 4 1 2-0 ( 0 ( SF-3-NP ( SP-93-0514C FIRE STATION 86-263 ( ( ( ( ( ( ( ( ( ! ! ! ! ! ! SF-3-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( ( ( ( E V S A L ( O K NIC ( ( !! !! ! ! ! ! ! ! ! ! ! ! ! ! LIG ! ! H ! ! SF-3-NP ! ! ! ! ! ! ! ! ! ! ! ! TFIELD LN ! ! ! ! ! ! ! ! ! ! ( ( ( ! ! ! ! ( ! ! SF-3-NP ( ( LO ( ( TT AV ( E ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ! ! ! ! ( SF-3-NP ( ( 2 0 42.0 1 ( 02-0 O S A M E N AV ( ( ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( SF-6-NP ( 02-0142.002 ( ( ( SF-3-NP ( ( L O UIS A ( ( ( ( ( D E L O R E ( S A V E ( ( ( SF-3-NP ( ( V E ( ( SF-3-NP ( ( ( ( ( SF-3-NP 02-0142.002 ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( 4 7 72-1 ( ( 02-0142.002 SF-3-NP ( ( SF-3-NP ( ( ( ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING CASE#: C14-2020-0089 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 " = 400 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 2/2/2021 GIVENS PARK ± B-68 of 127Legend EXHIBIT B Street Labels Lot Line Zoning Review Cases- IN REVIEW 0.1 0 0.04 0.1 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 2,400 Notes Twelfth and Springdale Residences C14-2020-0089 B-69 of 127P-NP E M A R T I N L U T H E R K I N G J R B L V D ( ( ( ( ( C A R M E L D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( J J S E A ( B R O O K D R SF-3-NP ( ( SF-3-NP ( ( ( ( ( ( P E R E Z S T ( ( ( ( ( ( = ( ( ( C H A S E C I R ( ( ( SF-3-NP ( E 1 6 T H S T ( ( ( ( ( ( ( ( ( ( P E R E Z S T ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( D E L O N E Y S T ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( = ( ( ( ( ( P O O L P A R K I N G P-NP GIVENS PARK ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( LO-MU-NP ( ( ( ( B A N SF-3-NP ( EXHIBIT C ( ( ( A ( E D R D R ( ( ( ( ( SF-3-NP ( ( ( ( ( ( C14-02-0142.003 ( V I C T O ( ( R I A ( R D M O N T I C E L L O C I R ( ( ( ( ( ( ( ( ( ( AST O R PL ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( D A R ( ( M I R E L ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( SF-3-NP ( E 1 6T H S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( G L O M A R A V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( M A R C U S P L ( ( ( ( ( ( ( ( ( ( ( ( ( W A L D O R F A V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( KITTY AVE ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( F A I R P L A Y C T ( ( ( ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( LE ( SLIE A V E ( ( ( ( ( C14H-2018-0032 ( SF-3--H-NP ( ( ( ( SF-3-NP ( ( W A LLY A V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( E V E A N E R E B ( ( ( ( ( ( ( ( ( ( ( SF-3-NP 02-0142.002 ( 02-0142.002 ( ( SF-3-NP ( ( H2008-0036 C14H-2008-0036 SF-3-H-NP ( ( ( P E N N Y S T ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( ( ( ( C E M E T E R Y P-NP CEMETERY TRACT 2 ! ! ! ! 02-0142.002 RIB B E C K ( ( E A V E ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ! > ! ! ! ! ! U N D E V ! ! V A C ! ! ! ! ! ! 7 2 ! - 1 3 6 ! GR-MU-NP ! ! ! R E T A I L ! ! RES T. SIMS ELEMENTARY SCHOOL P-NP 87-052 ( ( ( ( ( ( ( SF-3-NP ( 6 8 - 9 3 ( A D R I A N E D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( C O M E ( ( T A S T SF-3-NP ( ( ( ( ( L U N A S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( = SF-6-NP ( ( ( ( TRACT 1 SF-3-NP ( ( ( ! ! ! ! ! ! ! ! P 8 4 - 8 6 8 4 - 3 5 0 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( = = = 6 8 - 9 4 ! !! ! ! ! ! = 7 9 ! - 2 7 2 ! ( SF-6-NP ! !! ( ( E 1 2 T H S T ! ( ! ! ! ( ( ( ( ( ( ( ( ( SF-6-NP 6 8 - 9 4 C14-02-0142.003 PLUMMER'S CEMETARY GR-MU-NP STA. ( APTS. 3 2 1-2 8 Y R E T E M E C APTS. ( 53-106 02-0142.002 GR-MU-NP ( ( D E R L A D G RIN P S ( 8 5 0 - 5 8 P S 83-235 RC SP-96-0309C = D E R L ( ( CHURCH V I L ( R E B ( 02-0142.002 SF-3-NP B W E ( ( ( D E L O ( ( ( ( R E S A V E ( 02-0142.002 ( ( ( ( SF-3-NP ( ( ( ( ( ( 02-0142.002 ( ( ( ( ( ( ( ( ( SF-3-NP 72-174 ( ( 02-0142.002 SF-3-NP ( ( R E YE S ST SF-3-NP ( ( ( ( ( ( ( ( 02-0142.002 S A N ( ( ( ( ( TA A ( ( N N A ST ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( 02-0142.002 SF-3-NP ( ( ( ZONING ZONING CASE#: C14-2020-0089 As filed- see Exhibit A for current configuration SP-93-0514C FIRE STATION 86-263 P-NP 93-160 VAC BLDG. P96-0203C S G . D L ( B 83-244 ( U N D E V GR-MU-NP GR-MU-NP B A R A P T S. = A P T S. 02-0142.002 ( SF-3-NP ( ( ( ( ( ( ( U N D E V ( ( ( ( ( ( ( ( E V S A L ( O K NIC ( ( ( ( ( E V L A L E S N A M SF-3-NP E V A D L E I F T S A E LO ( 2 0 2.0 ( 4 1 2-0 ( 0 TT AVE ( ( SF-3-NP ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( SF-6-NP ( 02-0142.002 ( ( ( SF-3-NP ( ( ! ! ! ! ! SF-3-NP ! ! ! ! ! ! ( ( !! ! ! ! ! ! SF-3-NP ! LIG ! H ! ! TFIELD LN ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ! SF-3-NP ( ! ! ( ( LO ( TT A V E ( ( ( ( ! ! ! ! ! ! ! ! ! ( SF-3-NP ( ( 42.002 ( 1 02-0 E V N A O S A M ! ! ! ! ! ! ! ! ! ! ! ! ( ( ( ( L O ( ( UIS A V E ( ( SF-3-NP ( ( ( D E L O ( R E ( ( ( SF-3-NP S A V E ( ( ( ( ( ( ( ( ( ( SF-3-NP 02-0142.002 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 " = 400 ' 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. Created: 8/11/2020 B-610 of 127Case Number: C14-2020-0089 PETITION Date: Total Square Footage of Buffer: Percentage of Square Footage Owned by Petitioners Within Buffer: EXHIBIT D 4/9/2021 362747.0515 2.25% Calculation: The total square footage is calculated by taking the sum of the area of all TCAD Parcels with valid signatures including one-half of the adjacent right-of-way that fall within 200 feet of the subject tract. Parcels that do not fall within the 200 foot buffer are not used for calculation. When a parcel intersects the edge of the buffer, only the portion of the parcel that falls within the buffer is used. The area of the buffer does not include the subject tract. TCAD ID Address Owner Signature Petition Area Precent 0211200520 1203 SPRINGDALE RD 78721 0210180514 1308 SPRINGDALE RD 78721 0209190102 4605 E 12 ST 78721 0210180414 4127 E 12 ST 78721 0210180533 4116 E 12 ST 78721 0210180549 4120 E 12 ST 78721 0209190127 1189 SPRINGDALE RD 78721 0210180532 4118 E 12 ST 78721 0210180526 4122 E 12 ST 78721 0210180701 4103, 4105, 4107, 4109, 4111, 4113, 4115, 4117, 4119, 4121 E 12 ST 78721 Total AUSTIN PUBLIC SCHOOLS BETHANY CEMETERY BUENO PABLO CCG DEVELOPMENT LLC HEMMASI DAVID JJ & B INVESTMENTS LLC NEWBY DARRIN ANTONY RYAN CORY J & GILBERT T HUDSON TEXAS PROPERTY WORKS LP no no no no no no no yes no no 87295.08 139995.41 1136.03 8758.58 4146.26 49497.92 11757.74 8158.97 40336.14 69.18 351151.31 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 2.25% 0.00% 0.00% 2.25% B-611 of 127E 16 T H S T A S T O R P L A S T O R P L G L O M A R A V E G L O M A R A V E M A R C U S P L G L O M A R A V E W ALLY A V E D E R L A D G RIN P S RIB B E C K E AV E D E R L A D G RIN P S E 12TH ST D E R L V I L R E B B W E E V A D L E I F T S A E E 1 2 T H S T D E R L A D G RIN P S BUFFER PROPERTY_OWNER SUBJECT_TRACT PETITION Case#: C14-2020-0089 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 " = 200 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. C O M E T A S T ± B-612 of 127B-613 of 127B-614 of 127B-615 of 127B-616 of 127B-617 of 127B-618 of 127B-619 of 127B-620 of 127B-621 of 127B-622 of 127B-623 of 127B-624 of 127B-625 of 127B-626 of 127B-627 of 127B-628 of 127B-629 of 127B-630 of 127B-631 of 127B-632 of 127B-633 of 127B-634 of 127B-635 of 127EXHIBIT E Cultural Desktop Assessment – Bethany Cemetery To: From: Subject: Date: Mackenzie McCauley, Urban ATX Development LLC Joey O’Keefe, aci consulting Cultural Desktop Assessment for the Bethany Cemetery in Travis County, Texas March 25, 2021 Introduction In March of 2021, aci consulting was contracted by Urban ATX Development LLC to conduct a desktop assessment for the Bethany Cemetery located in Travis County, Texas. The investigation included a background records search of the Texas Archeological Sites Atlas (Atlas), which is an online database maintained by the Texas Historical Commission (THC), the Historic Texas Cemetery (HTC) designation documentation also maintained by the THC, and the historic background of the cemetery. The purpose of the assessment was to determine if the boundary of Bethany Cemetery extends into adjacent land parcels, as portrayed on the Atlas, or if the cemetery adheres to the current Travis County land plots as portrayed on the HTC documentation and Travis County Appraisal District parcel map (TCAD) (2020). Additionally, this assessment is meant to assist in determining the probability for burials to exist outside of the cemetery boundaries. This determination of probability will be determined through historical documentation identifying the location of burials and identifying the historically delineated boundaries of the cemetery. To specify the proposed project and location: Urban ATX Development LLC proposes constructing multi-family homes on the parcels along the west side of Springdale Road (Rd) (TCAD Lot# 201128), and single-family homes on parcels north of East (E) 12th Street (St) (TCAD Lot# 859192). According to the current TCAD, the parcels are adjacent to the western and southern boundaries of the cemetery. However, according to the Atlas (2021), Bethany Cemetery extends into the above-mentioned adjacent parcels. This larger Atlas (2021) footprint does not match the TCAD (2020) footprint (Figure 1). austin • denver aci consulting a division of aci group, LLC Austin (512) 347.9000 • Denver (720) 440.5320 www.aci-consulting.net B-636 of 127d x m . r e t t e l _ p a M l e c r a P _ 1 g i F \ p a m \ s i g \ h c r a e s e R d n u o r g k c a B y r e t e m e C y n a h t e B 5 3 0 - 1 2 - 6 3 \ s r e d l o F t c e j o r P \ P : 202540 202541 202542 202543 202544 201096 201097 201098 201099 909762 201101 201102 201103 201104 912008 201106 201107 ³ 877342 202560 923530 201125 201124 201123 890199 890208 890263 201117 864625 909750 923424 201113 202566 202565 202576 202585 202586 202577 202584 202588 202564 202563 202578 202583 202589 202592 202591 202590 202562 202579 202582 201127 202593 201141 201144 201148 201143 201142 202580 202581 202818 202817 202816 202815 202847 202848 202849 202844 202845 202846 201129 201128 201130 201131 202863 201135 201136 201134 859192 201137 150 Feet 50 Meters This map is intended for planning purposes only. All map data should be considered preliminary. All boundaries and designations are subject to confirmation. 702893 567079 199085 199064 199065 202862 150 75 0 1:1,800 1 inch = 150 feet 50 25 0 1:1,800 1 inch = 50 meters Atlas (2021) Cemetery Boundary HTC (2003) and TCAD (2020) Cemetery Boundary Travis County Parcels Bethany Cemetery Background Research Figure 1. Bethany Cemetery Mapped Boundary (Atlas 2021) and Parcel Boundaries (TCAD 2020) aci Project No.: 36-21-035 March 2021 B-637 of 127Bethany Cemetery Bethany Cemetery is located on the west side of Springdale Rd approximately 0.08 mile (0.13 kilometer) north of the intersection of E 12th Street St and Springdale Rd in Austin, Texas. The cemetery is within a heavily urbanized area containing mainly residential structures and is located across the street from Sims Elementary School. According to the HTC documentation submitted in June of 2003, the cemetery is approximately 6.25 acres in size, and contains approximately 500 burials, with the earliest burial dating to 1835 when Willie Rivers was interred at Bethany Cemetery and is one of the earliest African American burials in Austin (Figures 2 and 3) (Wolfenden 2003). As the segregated segment for Austin’s African American community within the Oakwood Cemetery, located at the intersection of E 14th St and Navasota St in Austin, Texas, reached its capacity, and because Oakwood Cemetery did not intend to create more space for the deceased members of said community, a need for additional burial plots for members of the African American community became critical. In July of 1893, the land for Bethany Cemetery was purchased from Charles M. Jones by John M. Holland, Williams M. Tears, Henderson Rollins, and Allen Bradley for the sole purpose of providing burial plots for members of Austin’s African American community. After purchasing the land, the five men began the Bethany Cemetery Company. They later formed a burial association that focused on providing burial aid to members of the company (Wolfenden 2003). Historically, maintenance for Bethany Cemetery was provided by family members of the deceased buried within the cemetery. A dedicated caretaker was hired by the Bethany Cemetery Company to assist maintaining the cemetery between 1914 and 1930. As time passed, however, cemetery maintenance became irregular as family members themselves began to pass away. Additionally, the city of Austin opened Evergreen Cemetery which offered continual maintenance and groundskeeping. The newer cemetery offering constant care was tempting to individuals whose relatives were 3 austin • denver B-638 of 127Figure 2. Bethany Cemetery with Surrounding Land Parcels. Travis County Courthouse Records, Plat Vol. 1, 96 (Wolfenden 2003) 4 austin • denver B-639 of 127Figure 3. Bethany Cemetery (TV-C062): Travis County Appraisal District (Wolfenden 2003) 5 austin • denver B-640 of 127buried at Bethany Cemetery. Some descendants exhumed their deceased relatives and moved them to Evergreen Cemetery, leaving an even fewer number of relatives to maintain Bethany Cemetery. The Bethany Cemetery Company disbanded in 1933 after each of the five founding members were deceased (Wolfenden 2003). In 1931, Eva Taylor Ross took it upon herself to provide care for Bethany Cemetery. In 1971, Ms. Ross formed the Bethany Cemetery Association of Travis County. The newly founded association erected fencing along the boundary of the cemetery and a stone entryway with an arched nameplate. Through a 1976 legal battle, the Bethany Cemetery Association became the sole owner of the property, removing ownership from the defunct Bethany Cemetery Company. The records for Bethany Cemetery were housed within a separate facility at Oakwood Cemetery. These records were destroyed by a fire in the 1970s (Wolfenden 2003). Bethany Cemetery saw a new generation of caretakers in the late 1980s as members of the Baha’i Faith and the surrounding community began taking interest in the cemetery’s wellbeing. Sue Spears, one of the members of the community, donated her time to preserving the grounds of the cemetery while Baha’i Faith member Cynthia Mull donated her time by researching the cemetery’s history and rebuilding the inventory records lost to the fire (Wolfenden 2003). The Austin Community Foundation, a charity created in 1977 to assist with local community needs, philanthropic endowments, and support local causes, awarded a grant to erect new fencing for the property in the mid-1990s, and a Texas Historical Marker for Bethany Cemetery was established in 1997. In the early 2000s, Andy Bucknall attempted to renew interest in the cemetery with regular cleanup that occurred on the first Saturday of every month (Wolfenden 2003). Available cemetery records show graves situated in long, narrow arrangements. Individual burial plots are arranged parallel to the border of the cemetery on the northern, southern, and western boundaries, and wide grassy paths, or “alleys,” within the cemetery separate ten family-sized plots (Figure 4). 6 austin • denver B-641 of 127 Figure 4. Burial Arrangements for Bethany Cemetery (Wolfenden 2003) 7 austin • denver B-642 of 127HTC Designation and Previous Surveys Bethany Cemetery was designated as a HTC (No. TV-C062) in 2003 as part of a graduate project by Leslie Wolfenden with the University of Texas at Austin. As part of the designation process, Ms. Wolfenden conducted extensive research, including oral histories, that helped establish the cemetery’s historical significance to the city of Austin. Wolfenden also researched and collected available deeds and land titles to help establish the most accurate boundaries for the cemetery. Letters were sent to the owners of the land parcels adjacent to the cemetery as a result of the HTC designation. These letters explained that the cemetery was recognized as a HTC due to its historical significance, however, the designation did not restrict how their land would be used (see Appendix A for complete information packet submitted for HTC designation). In 2007, an independent researcher completed an official cultural resources survey for Bethany Cemetery, allowing the cemetery to be recognized as a Texas archeological site (41TV1703). According to the archeological site report available on the Atlas (2021), the size of the cemetery was recorded as being 6.18 acres, a 0.07-acre difference compared to the HTC documentation. The cultural resources survey included physical terrestrial observations, as well as oral histories. The survey produced similar information found in the HTC designation from 2003, with additional information for those interred which includes slaves, ministers, two African American civil war veterans, and first African American Austin city employee James Dobson (THC 2007). Historical Documentation Comparison Size The 2003 HTC documentation from 2003 lists the cemetery’s size as 6.25 acres which is consistent with the TCAD (2020) land parcel information; however, the 2007 cultural resources survey recorded the size of the cemetery as 0.07 acres small at 6.18 acres. Furthermore, according to the digital footprint provided by the Atlas (2021), Bethany Cemetery is approximately 6.40 acres. 8 austin • denver B-643 of 127Footprint The digital footprint of Bethany Cemetery on the Atlas (2021) is elongated and shifted south from the TCAD footprint, placing it within adjacent land parcels and on top of an existing building not associated with the cemetery and crossing into Springdale Rd (see Figure 1). Based on the information provided by the HTC, 2007 cultural survey, TCAD, and the physical restrictions created by Springdale Rd and the existing structure, the Atlas (2021) digital boundary of Bethany Cemetery does not appear accurate. Conclusion and Recommendations Bethany Cemetery has seen constant interaction and use by members of Austin’s African American community beginning as early as 1835, according to the date of the earliest burial. Maintenance efforts, both consistent and staggered, have allowed for the cemetery’s boundary to become well-established and recognized with multiple fences erected. Historic grave records, burial plans, and oral histories documented and reviewed were consistent with the physical landscape. Additionally, the available grave and burial plan details the limits of the burials, placing single burials along the boundaries of the land parcel, except at Springdale Rd where larger burials are shown approaching the boundary abutting the road (see Figure 4). Based on the consistent documentation among the HTC, 2007 cultural resources survey, official land deeds and titles, and TCAD (2020), aci consulting suggests the digital footprint on the Atlas (2021) is incorrect and should be modified to match the HTC and TCAD (see Figure 1). Additionally, based on the available information provided by historic land parcel drawings and maps, land deeds (see Figures 2 and 3; Appendix A), parcel drawings, and grave and burial layout plans, the boundary of the cemetery and the associated burials appear to have stayed within the land designated for Bethany Cemetery. Therefore, aci consulting believes there is a low probability for the presence of burials to be within the land parcels located outside and adjacent to Bethany Cemetery. 9 austin • denver B-644 of 127It must be noted that this assessment was conducted to determine the boundary of Bethany Cemetery and the probability for burials outside of that boundary only used information gathered through desktop research and in no way represents the findings from a terrestrial survey or other ground truthing activities. Therefore, should previously unrecorded burials, internments, or human remains, be discovered during the course of construction for the private development project, Urban ATX Development LLC will contact qualified professionals to assess the findings. 10 austin • denver B-645 of 127References Atlas 2021 Texas Archeological Sites Atlas. Texas Historic Commission, Austin. Available Online at https://atlas.thc.state.tx.us/. Last accessed 03/23/2021. Travis Central Appraisal District (TCAD) 2020 Legal Description and Property Information (201127): Bethany Cemetery. Available at http://propaccess.traviscad.org/mapSearch/?cid=1. Last accessed 03/23/2021. Texas Historical Commission (THC) 2007 Archeological Site Form: Details for Site 41TV1703. Conducted by a private surveyor. Records on file with the Texas Historical Commission Travis County Courthouse Records. Plat volume 1, 96. Travis County Courthouse nd Wolfenden, Leslie 2003 Historic Texas Cemetery Designation for Bethany Cemetery (No. TV-C062). Record on file with Texas Historical Commission, Austin, TX. 11 austin • denver B-646 of 127Appendix A 2003 Historic Texas Cemetery Designation for Bethany Cemetery (TV-C062) 12 austin • denver B-647 of 127B-648 of 127B-649 of 127B-650 of 127B-651 of 127B-652 of 127B-653 of 127B-654 of 127B-655 of 127B-656 of 127B-657 of 127B-658 of 127B-659 of 127B-660 of 127B-661 of 127B-662 of 127B-663 of 127B-664 of 127B-665 of 127B-666 of 127B-667 of 127B-668 of 127B-669 of 127B-670 of 127B-671 of 127B-672 of 127B-673 of 127B-674 of 127B-675 of 127B-676 of 127B-677 of 127B-678 of 127B-679 of 127B-680 of 127B-681 of 127B-682 of 127B-683 of 127B-684 of 127B-685 of 127B-686 of 127B-687 of 127B-688 of 127B-689 of 127B-690 of 127B-691 of 127Legend EXHIBIT F Street Labels Zoning Review Cases- IN REVIEW Contours Year- 2017 2 Ft Contours 10 Ft Contours Fully Developed Floodplain COA Fully Developed 25-Year COA Fully Developed 100-Year COA Master Plan 25-Year COA Master Plan 100-Year 100-Year (Detailed-AE) 100-Year (Shallow-AO,AH) 100-Year (Approx-A) Creek Buffers/Waterway Setbacks Critical Water Quality Zone Water Quality Transition Zone 0.1 0 0.04 0.1 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: 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. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 2,400 Notes Twelfth and Springdale Residences C14-2020-0089 B-692 of 127EXHIBIT G B-693 of 127B-694 of 127B-695 of 127B-696 of 127B-697 of 127B-698 of 127B-699 of 127B-6100 of 127B-6101 of 127B-6102 of 127B-6103 of 127B-6104 of 127B-6105 of 127B-6106 of 127B-6107 of 127B-6108 of 127B-6109 of 127B-6110 of 127B-6111 of 127B-6112 of 127B-6113 of 127B-6114 of 127B-6115 of 127B-6116 of 127B-6117 of 127B-6118 of 127B-6119 of 127B-6120 of 127B-6121 of 127B-6122 of 127B-6123 of 127B-6124 of 127B-6125 of 127B-6126 of 127B-6127 of 127