B-07 (C14-2021-0005.SH - 1021 E. St. Johns Ave.; District 4).pdf

Planning Commission – May 25, 2021

B-07 (C14-2021-0005.SH - 1021 E. St. Johns Ave.; District 4).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: May 25, 2021: April 27, 2021: To grant postponement to May 25, 2021 as requested by the Applicant, on consent. (12-0) [Commissioner Hempel- 1st, Commissioner Azhar- 2nd; Commissioner Praxis- Not yet arrived] April 13, 2021: To grant postponement to April 27, 2021 as requested by the Neighborhood, on consent. (12-0) [Commissioner Thompson- 1st, Commissioner Hempel- 2nd; Commissioner Shieh- Absent] March 9, 2021: To grant postponement to April 13, 2021 as requested by the Neighborhood, on consent. (10-0) [Commissioner Howard-1st, Commissioner Seeger- 2nd;Vice Chair Hempel- absent; 2 vacancies on commission] CITY COUNCIL ACTION: June 3, 2021: May 6, 2021: To grant postponement to June 3, 2021 as requested by staff, on consent. (11-0) [Council member Kelley-1st, Mayor pro tem Harper-Madison- 2nd] April 8, 2021: To grant postponement to May 6, 2021 as requested by staff, on consent. (10-0) [Council member Renteria-1st, Council member Ellis- 2nd; Council member Alter- Off the dais.] ORDINANCE NUMBER: 1 of 155B-8C14-2020-0089 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. In addition to the Cemetery report mentioned below (Exhibit E), the Applicant has commissioned an archaeological survey of the rezoning tract (Please see Exhibit H- Archaeological Survey.) 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. Staff has received correspondence regarding the rezoning request. Please see Exhibit G- Correspondence. 2 of 155B-8C14-2020-0089 3 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. 2. 3. 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. 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 3 of 155B-8C14-2020-0089 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) 4 of 155B-8C14-2020-0089 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 5 of 155B-8C14-2020-0089 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. 6 of 155B-8C14-2020-0089 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 H. Archaeological Survey 7 of 155B-8P-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 ( ( SF-3-NP ( ( ( ( ( ( ( J J S E A ( ( ( B R O O K D R ( ( SF-3-NP ( ( ( ( ( SF-3-NP WILDROSE DR ( ( ( ( ( ( C14-02-0142.003 ( ( ( ( ( ( ( AST O R PL ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( O V E ( LO-MU-NP ( HILL D R R SF-3-NP ( ( ( ( ( ( ( O A ( ( ( SF-3-NP ( ( K CLIFF D ( ( R ( ( 02-0142.002 ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( EXHIBIT A ( ( ( B A N D E R ( ( ( A R D ( ( ( ( ( ( KITTY AV ( E ( ( ( ( ( ( ( SF-3-NP ( ( ( F A I R P L A Y C T ( ( ( ( ( ( ( D A R ( M I R ( E L ( ( ( ( ( ( ( ( ( ( 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 ( 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 ( ( ( ( ( ( ( ( ( ( ( ( ( E 1 6T H S T ( ( ( ( ( ( ( W A L D O R F A V E ( 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 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( = 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 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( G L O M A R A V E ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( M A R C U S P L ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 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 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 ! ! ! ! ! ! ! ! ! ! ! ! 7 2 - 1 3 6 GR-MU-NP ! ! ! R E T A I L ! ! RES T. 02-0142.002 SIMS ELEMENTARY SCHOOL ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( LE ( ( SLIE AV 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 ( ( ( ( ( ( ( ( ( ( ( RIB B E C K ( ( E AV E ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( P-NP 87-052 D E R ( L V IL ( ( ( SF-3-NP 02-0142.002 B E W R E B ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( 02-0142.002 ( ( SF-3-NP ( ( S RE ( D O N D ( ( O D R ( ( ( ( ( ( ( ( ( 02-0142.002 LR-NP ( ( ( 02-0142.002 P-NP 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 ( ( 93-160 VAC BLDG. P96-0203 C S G . D L ( B 83-244 ( U N D E V CHURCH GR-MU-NP GR-MU-NP B A R = A P T S. A P T S. 02-0142.002 ( SF-3-NP = SP-96-0309C ( ( ( ( 02-0142.002 ( ( SF-3-NP ( D E L O ( ( ( 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 ( ( ( ( ( 02-0142.002 ( R E S A V E ( ( ( SF-3-NP ( ( ( ( ( LO ( TT AV E U N D E V 2 0 2.0 ( 4 1 2-0 ( 0 ( SF-3-NP ( ( ( ( ( E V S A L O ( K NIC ( ( SP-93-0514C FIRE STATION 86-263 ( ( ( ( ( ( ( ( ( ! ! ! ! ! ! ( ( D E R L A D G RIN P S ( 8 5 0 - 5 8 P S 83-235 RC ! ! ! ! ! ! SF-3-NP ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !! ! ! ! ! ! ! ! ! ! ! ! ! LIG ! ! ! ! H SF-3-NP ! ! ! ! ! ! ! ! ! ! ! ! TFIELD LN ! ! ! ! SF-3-NP ( ( 2 0 ( 42.0 1 ( 02-0 O S A M E N AV ( ( ( ! ! ! ! ( ( ( ! ! ! ! ( ! ! SF-3-NP ( ( LO ( ( TT AV ( E ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( ( ! ! ! ! ! ! ! ! ! ! ! ! SF-6-NP ( ( ( 02-0142.002 ( ( ( SF-3-NP ( ( ( ( L O ( ( UIS A V E ( D E L O SF-3-NP 02-0142.002 ( ( SF-3-NP ( ( R E ( S A V E ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( 02-0142.002 ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( 4 7 72-1 ( ( 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 ZONING CASE#: C14-2020-0089 GIVENS PARK ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY 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 8 of 155B-8Legend 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 9 of 155B-8P-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 ( ( 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 ( ( ( ( ( ( ( ( ( ( ( ( ( J J S E A ( B R O O K D R SF-3-NP ( ( ( ( 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 ( ( C14-02-0142.003 ( ( ( ( ( ( AST O R PL ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( D A R ( M I R ( E L ( ( ( ( ( F A I R P L A Y C T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 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 ( ( ( ( ( ( ( SF-3-NP ( E 1 6T H S T ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( LO-MU-NP ( ( ( B A N ( SF-3-NP ( EXHIBIT C ( ( ( A ( E D R D R ( ( KITTY AVE ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 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 RIB B E C K ( ( E A V E ( ( ( ( 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 D E R L A D G RIN P S ( 8 5 0 - 5 8 P S 83-235 RC P A R K I N G P-NP C E M E T E R Y P-NP CEMETERY TRACT 2 ! ! ! ! 02-0142.002 ! > ! ! ! ! ! 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 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 ( ( ( ( ( ( ( 02-0142.002 ( R E S A V E ( ( ( SF-3-NP ( 02-0142.002 ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( 72-174 ( ( ( ( 02-0142.002 ( ( N N S A N ( TA A ( ( ( ( A ST ( ( ( ( ( 02-0142.002 SF-3-NP ( ( ( ( ( SF-3-NP ( ( ( ZONING 02-0142.002 SF-3-NP ( ( R E YE S ST SF-3-NP ( ( ( ( ( ( ZONING CASE#: C14-2020-0089 As filed- see Exhibit A for current configuration GIVENS PARK ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY 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 P-NP 87-052 ( ( ( ( ( ( SF-3-NP ( ( SP-93-0514C FIRE STATION 86-263 P-NP ! ! ! SF-3-NP ! ! ! ! ! 93-160 VAC BLDG. P96-0203C S G . D L ( B 83-244 ( U N D E V CHURCH GR-MU-NP GR-MU-NP B A R = A P T S. 02-0142.002 ( SF-3-NP A P T S. D E R ( ( L V I L ( 02-0142.002 SP-96-0309C = R E B ( B W E ( ( ( D E L O SF-3-NP LO ( TT AVE 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 ( ( ( ( ( ( ( ( ( ( ! ! ! ( ( ( ( ( ( ( ( SF-3-NP ( ( 42.002 ( 1 02-0 E V N A O S A M ( ( E V S A L O ( K NIC ( ( ( ( ( ( SF-6-NP ( 02-0142.002 ( ( ( SF-3-NP ( ( ( ( L O ( ( UIS A V E ( D E L O SF-3-NP 02-0142.002 ( ( SF-3-NP ( ( ( R E S A V E ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ! ! ! ! ! SF-3-NP ! ! ! LIG ! H ! ! TFIELD LN ! ! ! !! ! ! ! ! ! ! ! ! ! ( ! ! ( ! SF-3-NP ( ( ( ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ( LO TT A V E ( ( ( ( ! ! ! ! ( ( ( ( ! ! ! ! ! ! ! ! ! ! ! ! ! 10 of 155B-8Case 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% 11 of 155B-8E 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 ± 12 of 155B-813 of 155B-814 of 155B-815 of 155B-816 of 155B-817 of 155B-818 of 155B-819 of 155B-820 of 155B-821 of 155B-822 of 155B-823 of 155B-824 of 155B-825 of 155B-826 of 155B-827 of 155B-828 of 155B-829 of 155B-830 of 155B-831 of 155B-832 of 155B-833 of 155B-834 of 155B-835 of 155B-836 of 155B-8EXHIBIT 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 37 of 155B-8d 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 38 of 155B-8Bethany 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 39 of 155B-8Figure 2. Bethany Cemetery with Surrounding Land Parcels. Travis County Courthouse Records, Plat Vol. 1, 96 (Wolfenden 2003) 4 austin • denver 40 of 155B-8Figure 3. Bethany Cemetery (TV-C062): Travis County Appraisal District (Wolfenden 2003) 5 austin • denver 41 of 155B-8buried 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 42 of 155B-8 Figure 4. Burial Arrangements for Bethany Cemetery (Wolfenden 2003) 7 austin • denver 43 of 155B-8HTC 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 44 of 155B-8Footprint 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 45 of 155B-8It 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 46 of 155B-8References 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 47 of 155B-8Appendix A 2003 Historic Texas Cemetery Designation for Bethany Cemetery (TV-C062) 12 austin • denver 48 of 155B-849 of 155B-850 of 155B-851 of 155B-852 of 155B-853 of 155B-854 of 155B-855 of 155B-856 of 155B-857 of 155B-858 of 155B-859 of 155B-860 of 155B-861 of 155B-862 of 155B-863 of 155B-864 of 155B-865 of 155B-866 of 155B-867 of 155B-868 of 155B-869 of 155B-870 of 155B-871 of 155B-872 of 155B-873 of 155B-874 of 155B-875 of 155B-876 of 155B-877 of 155B-878 of 155B-879 of 155B-880 of 155B-881 of 155B-882 of 155B-883 of 155B-884 of 155B-885 of 155B-886 of 155B-887 of 155B-888 of 155B-889 of 155B-890 of 155B-891 of 155B-892 of 155B-8Legend 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) Critical Water Quality Zone Water Quality Transition Zone Creek Buffers/Waterway Setbacks 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 93 of 155B-8EXHIBIT G 94 of 155B-895 of 155B-896 of 155B-897 of 155B-898 of 155B-899 of 155B-8100 of 155B-8101 of 155B-8102 of 155B-8103 of 155B-8104 of 155B-8105 of 155B-8106 of 155B-8107 of 155B-8108 of 155B-8109 of 155B-8110 of 155B-8111 of 155B-8112 of 155B-8113 of 155B-8114 of 155B-8115 of 155B-8116 of 155B-8117 of 155B-8118 of 155B-8119 of 155B-8120 of 155B-8121 of 155B-8122 of 155B-8123 of 155B-8124 of 155B-8125 of 155B-8126 of 155B-8127 of 155B-8128 of 155B-8My name is Melinda Barsales and I live at 4114 East 12th Street in a home built in 1964 original to this area of East Austin. I am writing to the Planning Commission today to express my concerns regarding Zoning Case C14-2020-0089, Twelfth and Springdale Residences, Item 6 on today’s agenda. Not only do I believe the zoning change from GR-MU-NP to GR-MU-V-NP is unnecessary, but due to this tract’s proximity to the historic African-American burial ground of Bethany Cemetery, I strongly believe that a downzoning of this tract should be proposed. The Martin Luther King Neighborhood Association is currently in the process of collecting signatures for a valid petition for this case. I have been made aware that the signature of the representative for Bethany Cemetery, Ms. Sue Spears, will not be considered valid unless we can furnish written proof that she has been given authority on such matters from the property owners in spite of the fact that her name appears on the TCAD for the cemetery, that notice of the proposed rezoning was sent care of Ms. Spears, and that City contractors, Davey Resource Group, sought out her consent for a vegetation work plan on the cemetery’s grounds. Ownership of the property at 1308 Springdale Road was transferred to the Bethany Cemetery Association in 1976. The members are now all deceased and the association defunct. Ms. Spears, who grew up in this neighborhood and attended Sims Elementary across the street from the cemetery, has been the steward for this neglected burial ground and was instrumental in securing historic status for the site. Through her dedication to the cemetery she facilitated a program for maintenance of the grounds through the Travis County Sheriff’s SWAP program. Due to the undetermined status of ownership for the cemetery, I strongly encourage the Planning Commission to postpone making any recommendation in this case until it is determined who has the authority to speak for its deceased owners and those interred on its grounds. 129 of 155B-8 April 13, 2021 To: City of Austin Planning Commission, Mayor Steve Adler, Councilmember Natasha Harper-Madison, Travis County Commissioner Jeff Travillion Re: Rezoning case: C14-2020-0089- Twelfth and Springdale Residences To Those Concerned; It has come to our attention that the above mentioned rezoning case is up for consideration at the April 13th 2021 meeting. Bethany Cemetery is an historic African American Cemetery purchased and developed by John Holland and William Tears in 1893. It contains the burials of several notable persons and has, for the past years, been overlooked and neglected. Maintenance for the cemetery has been performed mostly by either local community members or from the Travis County Sheriff’s Department. It is our concern that the proposed development on the border of the cemetery may not have received the due diligence necessary for an historic site such as this. Unlike modern cemeteries, older, historic cemeteries often had unrecorded burials and boundary lines were not always as exact as today. The presence of unknown burials is a possibility that needs to be investigated. The impact of the new development on the existing cemetery also needs to be thoroughly considered, along with such issues as access, connectivity and the proper care and safety of headstones and grave sites. We ask that the Planning Commission take any and all steps necessary to ensure that the cemetery receive the protection, respect and security that it deserves. The Travis County Historical Commission along with the Travis County African American Cultural Heritage Commission are available to support any initiative for protection and historic preservation of this important cultural site. If we can provide any further assistance, please let us know. Respectfully, 130 of 155B-8 James Robert “Bob” Ward Chair Travis County Historical Commission Alberta Phillips Commission member Travis County African American Cultural Heritage Commission Miriam Conner Board member Preservation Austin 131 of 155B-8May 10, 2021 Urban ATX Development LLC 117 Lightsey Rd Austin, Texas 78704 Re: aci Consulting, LLC: Bethany Cemetery Dear Mr. Affinito, 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). Additionally, the assessment was meant to assist in determining the probability for burials to exist outside of the cemetery boundaries. This determination of probability was to be determined through historical documentation identifying the location of burials and identifying the historically delineated boundaries of the cemetery. On April 30, 2021, the THC concurred that the boundaries for Bethany Cemetery and the CAD parcel boundaries appear consistent and correct. However, although the boundaries were consistent, this never precludes the possibility that graves may exist outside of the current fenced area (Attachment A). From April 26 to April 28, a survey using ground penetrating radar (GPR) was conducted by Cordillera Geo-Services in an L-shaped, ~30-ft-wide by ~700-ft-long corridor neighboring Bethany Cemetery's western and southern sides. The GPR survey was conducted in order to detect and map possible unmarked graves outside a portion of Bethany Cemetery's current limits likely to be encountered during future earthworks and construction at the site. After reviewing the technical report created by Cordillera Geo-Services, I agree with the results that the mapped GPR anomalies found during the survey were inconsistent with human burials or unmarked graves; because the anomalies depart from human burials' typological features commonly observed in GPR surveys. Additionally, I agree with the conclusion that there is no requirement for excavations to verify the nature of the mapped GPR anomalies by excavation within the adjacent survey area because the anomalies are not suggestive of unmarked graves (Attachment B). austin • denver aci consulting a division of aci group, LLC Austin (512) 347.9000 • Denver (720) 440.5320 www.aci-consulting.net 132 of 155B-8 In the event that human remains or associated funerary objects are encountered during construction, all excavation activities will be immediately halted. The excavated area will be protected while archeologists consult with an osteologist, if necessary, to determine whether the remains are human. If it is confirmed that a burial has been encountered, the Project Manager will notify the landowner, the authorities for Travis County, and the THC. All processes going forward once human remains or associated funerary objects are encountered will comply with the Texas Administrative Code (Title 13, Part 2, Chapter 22, Rule 22.4 and Rule 22.5), the Texas Health and Safety Code (Title 8, Subtitle C, Chapter 711), and the Texas Penal Code (Title 7, Chapter 31; Title 9, Chapter 42, Section 42.08). The area shall remain protected until all parties involved have agreed to an appropriate plan of action, which may involve reburial or removal and relocation. If you need further information or have questions, please contact me at any time on my direct number at 512.852.3876 or email at jokeefe@aci-group.net. Sincerely, Joey O’Keefe, MA, RPA Principal Investigator austin • denver 133 of 155B-8 Attachment A: THC Concurrence with Boundaries of Bethany Cemetery 134 of 155B-8From: To: Subject: Date: noreply@thc.state.tx.us Joey OKeefe; reviews@thc.state.tx.us Section 106 Submission Friday, April 30, 2021 2:48:09 PM Re: Project Review under Section 106 of the National Historic Preservation Act and/or the Antiquities Code of Texas THC Tracking #202107716 Date: 04/30/2021 Cultural Desktop Assessment for the Bethany Cemetery in Travis County, Texas 4120 E 12th Street Austin,TX 78721 Description: Review of Bethany Cemetery and associated paperwork. Adjust location of cemetery on Atlas, and probability of burials outside of cemetery boundary. Dear Joseph O'Keefe: Thank you for your submittal regarding the above-referenced project. This response represents the comments of the Executive Director of the Texas Historical Commission (THC), as a courtesy review only and does not suffice for review under Section 106 of the National Historic Preservation Act or the Antiquities Code of Texas. The review staff, led by Tiffany Osburn, has completed its review and has made the following determinations based on the information submitted for review: We have the following comments: Atlas boundaries for this cemetery have been altered. Although the boundaries of the HTC and the CAD parcel boundaries appear consistent and correct, this never precludes the possibility that graves may exist outside of the current fenced area. We look forward to further consultation with your office and hope to maintain a partnership that will foster effective historic preservation. Thank you for your cooperation in this review process, and for your efforts to preserve the irreplaceable heritage of Texas. If the project changes, or if new historic properties are found, please contact the review staff. If you have any questions concerning our review or if we can be of further assistance, please email the following reviewers: tiffany.osburn@thc.texas.gov. This response has been sent through the electronic THC review and compliance system (eTRAC). Submitting your project via eTRAC eliminates mailing delays and allows you to check the status of the review, receive an electronic response, and generate reports on your 135 of 155B-8submissions. For more information, visit http://thc.texas.gov/etrac-system. Sincerely, for Mark Wolfe, State Historic Preservation Officer Executive Director, Texas Historical Commission Please do not respond to this email. 136 of 155B-8d 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 137 of 155B-8 Attachment B: Ground Penetrating Radar (GPR) Survey at 412 E. 12th Street, Austin, Texas, 78721 in Support of Urban Development 138 of 155B-8 Project: Ground Penetrating Radar (GPR) Survey at 4120 E. 12th Street, Austin, Texas, 78721 in Support of Urban Development Location: Austin, Texas, USA Client: Urban ATX Development, LLC Job reference: UATXD28042021 Date: May 7, 2021 Submitted by: 139 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC CONTENTS SUMMARY…….……………………………………………………………………………………….…3 1. INTRODUCTION……………………………………………………………………………………...…4 2. GEOPHYSICAL METHOD: GROUND PENETRATING RADAR (GPR)…………………………4 2.1. GPR fundamentals………………………….……………………………………………………….4 2.2. Justification of the GPR method ……………………………......................................................6 3. GPR SURVEY DESCRIPTION…………………………................................................................6 3.1. Hardware and software used……………………...……………………......................................6 3.2. Survey program……………………………….……………..………………………………………7 3.3. Survey conditions……………………………………………………………….............................9 3.4. Data acquisition parameters…………………………………………….…………………….…..10 3.5. Data processing, analysis, and visualization………………….……….………………………...10 4. THE CHARACTERISTICS OF GRAVES……………………………………………......................11 5. RESULTS AND INTERPRETATION……………………………………………………..………….11 6. CONCLUSIONS AND RECOMMENDATIONS…………………………………………................16 7. REFERENCES…………………………………………………......................................................17 Page 2 of 17 140 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC SUMMARY The present ground penetrating radar (GPR) survey was carried out for Urban ATX Development LLC (UATXD) to support an urban development project at 4120 E. 12th Street, Austin, TX 78721. The present geophysical site investigation comprised site clearance followed by data collection, data processing, analysis and interpretation, and technical report writing. This non-invasive geophysical exploration's objective was to detect and map possible unmarked graves outside a portion of Bethany Cemetery's current limits likely encountered during future earthworks and construction at the site. A metallic chain link fence delimits the perimeter of Bethany Cemetery, with its gate facing Springdale Road. The explored section includes an L- shaped, ~30-ft-wide by ~700-ft-long corridor neighboring Bethany Cemetery's western and southern sides. Pleistocene and Holocene unconsolidated terrace deposits and clastic materials (mudstone and claystone) of the Late Cretaceous Ozan Formation comprise the subgrade. The lithologic constituents of the terrace deposits are mainly beds of coarse-detrital sand and fine- detrital silt with minor beds of coarse gravel and clay. However, the gravel predominates because it is part of the older, higher terrace deposits. The GPR's imaging capability is restricted to the terrace deposits only. The GPR data acquisition parameters are as follows. The hardware consists of a GPR Data Acquisition Unit GSSI SIR-4000 connected to a 400 MHz transmitting antenna (model 50400S), a GPS antenna mount frame; all mounted on a 4-wheel survey cart model 654. The GPS comprises two GPS antennas that used real-time kinematic (RTK) technology. Geographic coordinates of single points were collected with a high-resolution geographic positioning system (GPS). The GPS hardware consisted of an EMLID Reach RS2 Real-Time Kinematic (RTK) system comprised of two GNSS receiver antennas that function as a rover station and as a base station that mounts to the GPR unit. The GPR data were processed, analyzed, and visualized with the latest version (v7.MT) of GPR-Slice software. The GPR survey's total surface area is estimated at 2,205 m2, equivalent to 0.54 acres, and an investigation depth of 7.9 ft (2.25 m). 462 GPR transects were collected unidirectionally northwards because the known marked graves in Bethany Cemetery are aligned east-west, resulting in a total survey length of 14,013.45 ft (4,271.3 m). The transect spacing was 0.5-m (1.65 ft). Data collection was performed using the automatic gain control (4 points), 512 samples/scan, 333 scan rate, 12 scans/ft, 43 ns sampling range, 230 kHz scan rate, a dielectric constant of 7 (for sand), 100 MHz vertical high pass filter, and an 800 MHz vertical low pass filter. The data acquisition parameters were kept constant during the entire survey campaign. Numerous high-amplitude geophysical anomalies of various shapes and dimensions are detected at multiple depth levels; however, all are inconsistent with human burials or unmarked graves because of their unusual oversized geometry, orientation, relative spacing, and shallow and deep burial depth; therefore, their nature is considered rather sedimentologic and stratigraphic. Hence, the present GPR report suggests that the historic cemetery's boundary neighboring the project area may still be the original boundary. Page 3 of 17 141 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC 1. INTRODUCTION Urban ATX Development LLC (UATXD) plans to build houses in a ~6 acres property located at 4120 E. 12th St., Austin, TX 78721. The proposed development would be surrounded by Bethany Historic Cemetery, a small commercial corner, and established houses on Cometa Street. UATXD has sub-contracted Cordillera Geo-Services, LLC to perform a non-invasive, non- destructive ground-penetrating radar (GPR) survey to support an ongoing environmental investigation for this site. The objective of the current GPR survey is to detect and map shallow (< 5-ft deep) anomalies consistent with unmarked graves outside and immediately adjacent to Bethany Cemetery's current limits that could be affected during the earthworks and construction process. The present geophysical site investigation comprised site clearance followed by data collection, data processing, analysis and interpretation, and technical report writing. Figure 1 shows the location of the GPR survey relative to the undeveloped property and the Bethany Cemetery. Figure 1. The GPR survey is adjacent to Bethany Cemetery. The GPR survey is within a ~6 acres property planned to go under urban development in Northeast Austin, Texas. 2. GEOPHYSICAL METHOD: GROUND PENETRATING RADAR (GPR) 2.1. GPR fundamentals GPR is an active geophysical (remote sensing) method that uses electromagnetic (EM) waves with frequencies between 10 MHz and 4 GHz to detect electrical properties changes in the subsurface materials. Transmission velocities of the EM waves are crucial in interpretation and are almost independent of frequency at radar frequencies for a wide range of materials (Milson Page 4 of 17 142 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC and Eriksen, 2011). Nowadays, GPR is an extensively used geophysical survey method for subsurface mapping applications in civil, geological, and geotechnical engineering, forensic and environmental surveys, and archaeological and geoarchaeological investigations (Conyers, 2004; Milsom and Eriksen, 2011). A GPR survey can accurately map the spatial extent of shallowly buried objects and archaeological features or changes in soil media and ultimately yield images of those buried materials (Conyers and Goodman, 1997). Radar or EM waves are propagated in distinct pulses from a surface antenna, reflected off buried objects, features, bedding contacts, or soil units, and detected back at the source by a receiving antenna. As radar pulses transmit through various subsurface materials on their way to the buried targets, their velocity changes depending on the subsurface material's physical and chemical properties through which they travel. The greater the electrical and magnetic contrast between two juxtaposed materials, the greater the reflected signal's strength and, therefore, the greater the amplitude of the reflected EM waves. When the travel times of energy pulses are measured and their velocity through the ground is known, distance (or depth in the ground) can be accurately measured to produce a three-dimensional (3D) data set. Each time a radar pulse traverses a material with a different composition or water saturation, the velocity changes and a portion of the radar energy reflects back to the surface to be recorded at the receiving antenna. The remaining energy continues to propagate into the ground to be further reflected until it finally spreads and dissipates or attenuates with increasing depth (Conyers and Goodman, 1997). When EM wave reflection traces are stacked together along one transect line, a reflection profile or radargram is created that illustrates a cross-section of the ground (Conyers, 2006). Following Conyers (2006), the depths to which radar energy can penetrate, and the amount of resolution that can be expected in subsurface deposits, are partially controlled by the frequency (and therefore the wavelength) of the transmitted EM waves. Standard GPR antennas propagate radar energy that varies in frequency from about 10 megahertz (MHz) to 1,000 MHz. Low-frequency antennas (10-120 MHz) generate long-wavelength radar energy that can penetrate 50 meters below the surface in certain conditions and resolve only very large buried features. Conversely, the maximum depth of penetration of a 900 MHz antenna is about ≤ 1 meter in typical materials, but its generated reflections can resolve features with a maximum dimension of a few centimeters. A trade-off, therefore, exists between the depth of penetration and subsurface resolution. Hence, GPR surveys' success in archaeological and historic preservation investigations depends mainly on soil and sediment mineralogy, clay content, ground moisture, depth of burial, surface topography, and vegetation cover. Electrically conductive or highly magnetic materials will quickly attenuate radar energy and prevent its transmission to a considerable depth. Therefore, the best conditions for energy propagation are dry sediments and soils without an abundance of clay. A crucial point in all GPR surveys is the commonly unknown or poorly understood site conditions before the survey. In a GPR survey, the depth of investigation decreases in response to an increase of the following factors within the subsurface materials: electrical conductivity, water content, clay content, EM wave scattering, and conductive contaminant. Unfortunately, the GPR practitioner has no control over these factors because these are site-specific characteristics. Conversely, the depth of investigation increases when the GPR user controls some factors. The depth of investigation increases when the antenna frequency decreases, as transmitter power increases, and as the receiver sensitivity increases. Page 5 of 17 143 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC 2.2. Justification of the GPR method The GPR is an active geophysical (remote sensing) method that uses EM waves with frequencies between 10 MHz and 4 GHz to detect changes in electrical properties within subsurface materials (Milson and Eriksen, 2011). GPR systems, regardless of the transmitting antennas they use to transmit EM waves, are susceptible to the near-subsurface stratigraphy and can detect the presence of shallowly buried targets as long as there is enough electrical and magnetic contrast between the material and the surrounding matrix; hence, they are attractive in archeological, environmental, and engineering investigations. The GPR method has proven successful in archaeological studies within both urban (Jones, 2008; Urban et al., 2014a; Piro et al., 2017) and remote settings (Millaire and Eastaugh, 2014; Novo et al., 2014; Urban et al., 2014b) because of the following features, which make it ideal for this project: ● is a non-destructive, non-invasive, and cost-effective prospecting technique ● offers a rapid ability to map shallowly buried objects and structures of archaeological or historical context or interest ● provides valuable results that assist excavation strategies by efficiently highlighting the best candidate locations and depths for excavation ● the results complement input from archeological or geoarchaeological investigations or even other geophysical methods 3. GPR SURVEY DESCRIPTION This section discusses the hardware and software used in the survey, the survey program and conditions, the data acquisition parameters, and data processing steps. 3.1. Hardware and software used The following GPR system and software were used for the present GPR survey: ● The hardware, made by Geophysical Survey System Inc. (GSSI), consists of a GPR Data Acquisition Unit GSSI SIR-4000 connected to a 400 MHz transmitting antenna (model 50400S), GPS antenna mount frame, all mounted on a 4-wheel survey cart model 654. ● The GPS hardware consisted of an EMLID Reach RS2 Real-Time Kinematic (RTK) system comprised of two GNSS receiver antennas that function as a base station and a rover station mounted GPR cart. ● We used the latest version (v7.MT) of GPR-Slice software for data processing, analysis, and visualization. Figure 2 shows field photographs of the assembled GPR unit used in this survey in standard mode and RTK mode for synchronized GPS coordinates during raw data collection. Page 6 of 17 144 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC Figure 2. The GPR unit used in the present remote sensing survey consisted of the GSSI SIR-4000 data acquisition console connected to a 400 MHz antenna (model 50400S), all mounted in a 4-wheel survey cart model 654 in RTK mode ready for continuous geographic coordinates acquisition while logging raw GPR data. 3.2. Survey program Personnel from UATXD indicated the physical location and surface extent of all areas before data acquisition. The GPR data were acquired from April 26 to 28 of 2021, after clearing the thick shrub vegetation. The GPR survey grid has an L-shaped, grid approximately ~30-ft- wide by ~700-ft-long, because it wraps around the western and southern Bethany Cemetery's boundaries, covering a total surface area of 2,205 m2, equivalent to 0.54 acres. A total of 462 GPR transects were collected unidirectionally towards the north (i.e., from north to south) because the marked graves in Bethany Cemetery are aligned east-west. The total survey length is estimated at 14,013.45 ft (4,271.3 m). All GPR transects were spaced at 0.50 m (1.64 ft). Each start and endpoint for each transect was marked with a green and orange flag, respectively. Figure 3 shows the GPR grid's location, geometry and orientation, and field photographs. Figure 4 illustrates some of the physical obstacles encountered by the GPR unit during the survey. The obstacles lead to interrupted profiles, cause delays during data acquisition, and leave gaps in the final 3D image. Page 7 of 17 145 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC Figure 3. (A) Aerial photograph of the target area at 4120 E. 12th Street, Austin, Texas, 78721. The GPR survey was done in an L-shaped grid approximately ~30-ft-wide by ~700-ft-long. The blue lines show the orientation of all GPR-GPS tracks during the GPR survey, which borders Bethany Cemetery's current boundary. The gap in the GPR-GPS tracks is due to the occurrence of a natural channel backed filled with trash (see Figure 3D). Field photographs are shown in (B) to (D). Photo sources: (A) from Google Earth, (B) to (D) by author. Page 8 of 17 146 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC Figure 4. Examples of physical obstacles encountered by the GPR unit during the survey in Area 1 and Area 2. The obstacles cause significant delays in data acquisition, make data processing more demanding, and yield data gaps. 3.3. Survey conditions Before the GPR survey, rainfall is reported for April 22nd and 23rd. However, the weather conditions during the survey were primarily cloudy but without rain; and the topsoil conditions were dry during data acquisition. So percolation of rainwater through the soil is possible and cannot be excluded. The topsoil is composed of Pleistocene and Holocene unconsolidated terrace deposits and clastic materials (mudstone and claystone) of the Late Cretaceous Ozan Formation comprise the subgrade. The GPR's imaging capability is restricted to the terrace deposits only. The lithologic constituents of the terrace deposits are mainly beds of coarse-detrital sand and fine-detrital silt with minor beds of coarse gravel and clay. However, the gravel predominates because it is part of the older, higher terrace deposits. Power lines run along E. 12th Street and Springdale Road and are far (50 to 90 ft) from the GPR survey grid. Oak trees and the channel acted as obstacles for some GPR transects. This survey required significant clearance of vegetation, including bulldozing of the area and removing overgrown shrub tree stumps. Page 9 of 17 147 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC 3.4. Data acquisition parameters Data collection was performed using the automatic gain control (4 points), 512 samples/scan, 333 scan rate, 12 scans/ft, 43 ns sampling range, 230 kHz scan rate, a dielectric constant of 7 (for sand), 100 MHz vertical high pass filter, and an 800 MHz vertical low pass filter. A 400 MHz antenna was used in this survey, producing satisfactory EM (electromagnetic) wave propagation down to 7.9 ft below the surface. These data acquisition parameters were kept constant during the entire survey campaign. Geographic coordinates of single points were collected with a high-resolution geographic positioning system (GPS). The GPS comprises two GPS antennas that used real-time kinematic (RTK) technology, as shown in Figure 2. 3.5. Data processing, analysis, and visualization The initial data processing for the project involved the generation of individual 2D vertical radar profiles or 'radargrams.' Subsequently, amplitude or time slice-maps were generated for the L-shaped grid. Figure 5 shows the adopted data processing workflow applied to all GPR data sets. Page 10 of 17 148 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC Figure 5. Adopted data processing workflow for the GPR grid. 4. THE CHARACTERISTICS OF GRAVES At some historic cemeteries, grave markers have become lost, destroyed, or misplaced for several reasons; wood quickly rots. Gravestones may break or crumble. Vandalism and falling trees also can contribute to the loss. Some graves may never have been marked. As time and land development progress, it can become essential to find these old, unmarked graves. Sometimes, they are accidentally encountered during construction, and someone might want to determine the extent to which the cemetery is preserved. In other cases, it might be necessary to locate individual burials to be removed and transferred to another location (Bevan, 1991). Beavan (1991) describes elegantly the physical characteristics of graves and the expected features likely found by geophysicists when carrying shallow investigations. The most distinctive feature of a grave may be the disturbed soil in the filled excavation. The soil may change markedly through the 3.3 to 6.6 ft (1 to 2 m) depth of a grave shaft. When the excavated earth is replaced, some topsoil may return to the bottom of the hole, and the subsoil may end up on top and maybe spread on the surface. The topsoil can be higher in magnetic susceptibility than the subsoil. Also, the electrical conductivity of the natural earth may increase or decrease with depth. The soil filling the grave shaft could have a different magnetic and electrical stratification than the natural earth, Page 11 of 17 149 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC and these soil changes could last indefinitely. Except for recent criminal burials, nothing may remain except for bones. While the bones may last for thousands of years in some soil types, they will generally not be directly detectable; however, the body's decay can alter the surrounding soil's chemical composition. The soil also could be less compacted at the bottom of the grave shaft. If a coffin is still partially intact, there could be an air-filled void. Coffin nails would usually be undetectable, but some coffin fittings could be large metal objects. Metallic or lead coffins could be present. If there is a burial vault of brick or stone, there could be an air cavity, and the brick or stone might be moderately magnetic (Bevan, 1991). The soil in the grave shaft might have settled, leaving a shallow depression at the surface. The surrounding soil might have washed into this, filling it up; this extra lens of topsoil might be detectable. Metallic debris could have accumulated in the depression. The grave marker might have fallen and been buried at a shallow depth. A grave can be delineated with a pipe or a stone border, likely buried in leaf mold (Bevan, 1991). While burial practices change with time and location, some earlier western cultures have aligned graves east-west with a coffin at a depth of 1-2 m. A cemetery could more likely be on a hilltop than in a valley. It might be possible to locate a cemetery area even though individual graves might not be detectable. The cemetery was possibly never plowed, although the surrounding land was; the cemetery boundary could mark contrast in the soil's stratification or moisture retention. Trees might have been allowed to grow in the cemetery while the surrounding land remained clear; remnants of the ancient trees might be detectable if their roots have not decayed or if soil scars from fallen trees are present (Bevan, 1991). Geophysical methods can detect many of the characteristics described above. However, the setting is sometimes tricky: if neglected, the area could be overgrown with trees or brush, and there could be a veneer of metallic trash on the surface (Bevan, 1991). 5. RESULTS AND INTERPRETATION The analysis and interpretation were made on the resulting time-slices or absolute amplitude slice-maps and the 3D volume of absolute amplitude. The results strongly depend on the natural site conditions at the time of the GPR survey. The percolation of rainfall through the soil (unconsolidated clastic terrace deposits) and its temporary accumulation are the primary natural factor influencing the depth of investigation. The 3D absolute amplitude volume is sliced horizontally to show the variation in reflection amplitudes at a sequence of depth intervals in the ground. The result is a map showing absolute amplitude anomalies in map view but also with depth. Often when this is done, changes in the soil related to disturbances such as human burials or other targets, if present, become visible to the human eye that may not be visible in individual profiles. The 2D vertical radargrams are of interest because they respond to physical and chemical differences in the buried materials. Strong or high-amplitude reflections often indicate denser or different buried materials, such as historic features or burials. In burials, these can be generated at pockets of air, such as within caskets, at the actual caskets, or the material overlying the burial. In this method, amplitude variations, recorded as digital values, are analyzed at each location in a grid of many profiles where there is a reflection recorded. The amplitudes of all traces are compared to the amplitudes of all nearby traces along each profile. From the original raw GPR data files (*.dzt), a series of image files were created to cross-referencing the amplitude slice- Page 12 of 17 150 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC maps produced. 2D radargrams were also analyzed jointly with its corresponding 3D cube to determine the amplitude slice maps features. The reflection profiles showed the reflections' geometry, which led to insights into whether the radar energy reflects a flat layer (seen as a distinct band on a profile) or a single object or burial (seen as a hyperbola in profile). Overall, the results of the 2D reflection radargrams and 3D amplitude radargrams collectively do not suggest the existence of human burials or graves within the present L-shapedd GPR grid. The high-resolution 3D GPR survey results provide helpful information about the subsurface site conditions adjacent to Bethany Cemetery. The GPR grid borders the western and southern sides of Bethany Cemetery. Figure 6 shows the resulting 3D volume of the L-shapedd GPR grid that reaches a maximum investigation depth of 7.9 ft. Numerous high-amplitude anomalies are detected within the depth range. In historic cemeteries, the main typological features suggestive of human burials or graves are size, shape, east-west burial orientation, and a typical burial depth interval constrained between 3 to 4 ft. However, the analysis and interpretation of both the GRP grid's amplitude slice-maps and 3D volume suggest that numerous high-amplitude anomalies (red) stand out in a low-amplitude anomaly background; however, these anomalies are not consistent with human burials or unmarked graves because they depart from human burials' typological features commonly detected in GPR surveys. Figure 7 illustrates multiple horizontal depth slices in incremental intervals of 0.53 ft. Finally, figure 8 shows the critical horizontal depth slices from 2.6 ft to 4.5 ft. A depth interval between 3 to 4 ft is likely to contain high-amplitude anomalies compatible with unmarked graves or human burials; however, these depth slices show not evidence of unmarked graves throughout the GPR grid. The high-amplitude anomalies are interpreted as Pleistocene and Holocene unconsolidated clastic terrace deposits unconformably overlying mudstones and claystones of the Late Cretaceous Ozan Formation. Page 13 of 17 151 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC Figure 6. 3D absolute amplitude volume of the L-shapedd GPR grid viewed from the south (A) and the top view of a depth slice at 0.3 ft (B). Bethany Cemetery, adjacent roads, and an interpreted stream are shown for reference. Page 14 of 17 152 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC Figure 7. All horizontal depth slices of the L-shapedd GPR grid from 0 to 7.9 ft depth showing the distribution of high-amplitude (absolute) anomalies (in red) against low-amplitude (absolute) anomalies (in blue). The thickness of each horizontal depth slice is computed at 0.53 ft. Page 15 of 17 153 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC Figure 8. Critical horizontal depth slices from form 2.6 to 4.5 ft depth showing the horizontal and vertical distribution of high-amplitude anomalies (in red) against a low-amplitude anomaly background (in blue). The anomaly maps indicate the absence of absolute amplitude anomalies showing inconsistent evidence of human burials immediately outside Bethany Cemetery. 6. CONCLUSIONS AND RECOMMENDATIONS The present high-resolution GPR survey provides helpful information about the subsurface site conditions at the project site located at 4120 E. 12th St., Austin, TX 78721, which is adjacent to the boundaries of Bethany Cemetery. Numerous high-amplitude anomalies are detected within a depth range of 7.9 ft. In historic cemeteries, the main typological features suggestive of human burials or graves include size, shape, an east-west burial orientation, and a typical burial depth interval of 3 to 4 ft (0.90 to 1.2 m) are observed in GPR surveys. However, the analysis and interpretation of the resulting absolute amplitude slice-maps and accompanying 3D volumes of the L-shaped GRP grid suggest that the mapped GPR anomalies are inconsistent with human Page 16 of 17 154 of 155B-83D GPR Survey at 4120 E. 12th Street, Austin, TX, 78721 | by Cordillera Geo-Services, LLC burials or unmarked graves; because the anomalies depart from human burials' typological features commonly observed in GPR surveys. Based on the above results, Bethany Cemetery might still preserve its original boundary. In addition, there is no requirement for excavations to verify the nature of the mapped GPR anomalies by excavation because they are not suggestive of unmarked graves. The high-amplitude anomalies are interpreted as the response of shallowly buried clastic deposits within the young clastic terrace deposits. 7. REFERENCES Bevan, B.W., 1991. The search for graves. Geophysics, 56 (9), pp.1310-1319. Conyers, L.B., and Goodman, D., 1997. Ground-penetrating radar (pp. 149-194). An Introduction Conyers, L. B., 2004. Ground-Penetrating Radar for Archaeology. AltaMira Press, Walnut for Archaeologist: AltaMira Press. Creek, California. Conyers, L. B., 2006. Ground-Penetrating Radar Techniques to Discover and Map Historic Graves. Historical Archaeology, 40 (3), 64-73. Jones, G., 2008. Geophysical mapping of historic cemeteries. Technical Briefs in Historical Millaire, J.F., and Eastaugh, E., 2014. Geophysical survey on the coast of Peru: The early prehispanic city of Gallinazo Group in the Virú Valley. Latin American Antiquity, 25 (3), Archaeology, 3, pp.25-38. pp.239-255. Milsom, J., and Eriksen, A., 2011. Field Geophysics, 4th edn. John Wiley & Sons Ltd.England. Novo, A., Solla, M., Fenollós, J.L.M., and Lorenzo, H., 2014. Searching for the remains of an Early Bronze Age city at Tell Qubr Abu al-’Atiq (Syria) through archaeological investigations and GPR imaging. Journal of Cultural Heritage, 15 (5), pp.575-579. Urban, T.M., Rowan, Y.M., and Kersel, M.M., 2014a. Ground-penetrating radar investigations at Marj Rabba, a Chalcolithic site in the Lower Galilee of Israel. Journal of Archaeological Urban, T.M., Leon, J.F., Manning, S.W., and Fisher, K.D., 2014b. High-resolution GPR mapping of late bronze age architecture at Kalavasos-Ayios Dimitrios, Cyprus. Journal of Applied Science, 46, pp.96-106. Geophysics, 107, pp.129-136. Piro, S., Haynes, I., Liverani, P. and Zamuner, D., 2017. GPR investigation to map the subsoil of the St. John Lateran Basilica (Rome, Italy). Bollettino di Geofisica Teorica ed Applicata, 58 (4). ---END OF DOCUMENT--- Page 17 of 17 155 of 155B-8