B-05 (Applicant Memo and Letter of Support).pdf — original pdf
Backup
Clark, Kate From: Sent: To: Cc: Subject: Jeff Howard Sunday, April 11, 2021 5:10 PM Llanes, Carmen - BC; Azhar, Awais - BC; Hempel, Claire - BC; Howard, Patrick - BC; Connolly, Joao - BC; Thompson, Jeffrey - BC; Shaw, Todd - BC; Schneider, Robert - BC; Shieh, James - BC; Flores, Yvette - BC; Cox, Grayson - BC; Praxis, Solveij - BC; Mushtaler, Jennifer - BC Clark, Kate; Rivera, Andrew; Item No. B-5 on the April 13 Planning Commission Agenda; C14-2020-0130; 5613 Patton Ranch Road ; Tom Daniel *** External Email - Exercise Caution *** Planning Commissioners, I am writing on behalf of St. Andrew’s Episcopal School, the applicant in the above‐referenced zoning case. We look forward to having the case considered on April 13, 2021. The property was originally acquired by St. Andrew’s in 2012 as part of a larger parcel. After going through a master planning exercise, the school determined that the parcel was too far from its current Upper School facilities to be walkable. As a result in 2017, the school conveyed the property to the Rawson Sanders school. However, Rawson Sanders changed its plans for the parcel and, under the terms of that agreement, the property came back to St. Andrew’s in 2020. The property is currently zoned MF‐1, identified as “multi‐family” on the Oak Hill FLUM and is subject the SOS Ordinance and its 20% impervious cover requirements. The presence of trees, environmental features and low impervious cover means that only a portion of this 15 acre tract will be developed. The current MF‐1 zoning only allows 40 feet in height. In order to get even a low to moderate amount of density on the parcel given the application of current environmental regulations, we have requested a zoning change to MF‐4, which would allow this 15‐acre parcel to yield up to 20 units per acre. The MF‐4 is limited to the 15 acre parcel along Vega and the remainder of property adjacent to the Oak Park neighborhood will remain MF‐1. City staff has recommended the MF‐4 zoning. There is ample MF‐4, GR and CS zoning located in this area very near the property. The MF‐4 zoning is needed to get to a reasonable 4‐stories on the property. The MF‐4 zoning will not result in increased environmental or storm water runoff impacts since the 20% impervious cover would apply to both MF‐1 and MF‐4. In the staff back‐up, there is a January 3, 2021 email from the Oak Park neighborhood listing some concerns with the proposed zoning. Since that letter was written we have participated in numerous meetings, emails, phone calls and presentations to both the Oak Park neighborhood and the Oak Hill Association of Neighborhoods (OHAN). We feel strongly that we have addressed community concerns, and would note the following: 1. We have shared plans for the property with both Oak Park and OHAN, including the areas where development would occur, the areas where development would not occur, how the property would be accessed and how drainage would be addressed. 2. The rezoning request is consistent with the FLUM which allows multi‐family. The MF‐1 buffer to the neighborhood will remain on approximately 18+ acres. 3. The existing flooding problems (which are the result of upstream development and the inadequate Oak Park infrastructure) will be vastly improved by the project because (i) an Atlas 14 detention pond will capture the 1 runoff that currently sheet flows across the property and divert it to a storm sewer system, and (ii) the project will facilitate the City’s proposed regional flood control project to be located on school property with the cooperation of the school. 4. Traffic congestion will be avoided by locating the primary tenant access on Vega Avenue which provides direct access to William Cannon and Southwest Parkway. In addition, a traffic light is being installed at Vega and Southwest Parkway as part of a prior 2018 zoning case. Additional mitigation measures may be identified at site plan. In addition, the MF‐4 zoning only represents a 25% increase in units over what current zoning allows. 5. Overcrowding at Oak Hill Elementary School will not happen according AISD. The EIS indicates that an increase of only 3 students as result of the entire apartment project. Recall that the property is already zoned MF‐1 and MF‐4 would represent only a 25% increased in the number of units. This means the zoning change, according to AISD, will net about 1 more student at Oak Hill Elementary. 6. There is no adverse environmental impact from the rezoning since the property is subject to SOS limits whether it is MF‐1 or MF‐4. 7. Through an important collaboration with City staff, OHAN and historic preservationists, we have successfully agreed upon a plan to relocate, preserve and restore the historic log structures on this parcel to and at other school property very nearby. That plan was unanimously approved and praised by the Historic Landmark Commission and OHAN. We have provided the above information to Oak Park in our meetings and emails. Tomorrow evening, we will meet again with Oak Park residents and hope to provide them with further information related to their remaining drainage questions. We are not aware of any other remaining issues at this time. If any of you should have any questions or comments, please feel free to contact me at my email address or my cell phone number which is 512‐773‐1675. Thank you very much! Jeffrey S. Howard Barton Oaks Plaza, Building II 901 South MoPac Expy | Ste 225 Austin, Texas 78746 512.328.2008 phone 512.328.2409 fax www.mcleanhowardlaw.com 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 of this information, you are notified that any use, dissemination, distribution, or copying of the communication is strictly prohibited. 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. 2 Clark, Kate From: Sent: To: Cc: Subject: Bobby Levinski Monday, April 12, 2021 11:48 AM Clark, Kate; Llanes, Carmen - BC; Azhar, Awais - BC; Hempel, Claire - BC; Howard, Patrick - BC; Connolly, Joao - BC; Schneider, Robert - BC; Shaw, Todd - BC; Thompson, Jeffrey - BC; Shieh, James - BC; Flores, Yvette - BC; Praxis, Solveij - BC; Cox, Grayson - BC Jeff Howard Support for Item B-5 *** External Email - Exercise Caution *** Planning Commissioners, As a representative of the Oak Hill Association of Neighborhoods, I'm writing to support the applicant's requested rezoning for the Patton Ranch. The applicant worked with several community members on plans to save and relocate three historic structures within the boundaries of this historic Patton Ranch. With the relocation of these structures, the area they sit on will be freed up for the applicant's proposed apartment complex. We understand that increase to MF‐4 will allow the applicant to build an additional story on its buildings and cluster the majority of the development outside the Barton Creek watershed. Many thanks, ‐‐ Bobby Levinski Attorney, 512‐636‐7649 (mobile) *NOTICE OF CONFIDENTIALITY: This email, including any attachments, is intended for use only by the addressee(s) named herein and may contain confidential information, legally privileged information and attorney‐client work product. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, including any attachments, is strictly prohibited. If you have received this email in error, please notify the sender and permanently delete the original and any reproduction thereof.* 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. 1