B-04 (C14-2021-0010 - Project Mirabeau; District 9).pdf — original pdf

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1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0010 – Project Mirabeau DISTRICT: 9 ZONING FROM: LR-CO-NP TO: CS-CO-NP ADDRESS: 1901 North Lamar Boulevard SITE AREA: 0.51 acres (22,216 sq. ft.) PROPERTY OWNER: Tempe Surf, LLC (Andrew Geller, Manager) AGENT: Thrower Design, (A. Ron Thrower and Victoria Haase) (512) 476-4456 CASE MANAGER Mark Graham (512-974-3574, mark.graham@austintexas.gov ) STAFF RECOMMENDATION: The Staff recommendation is to grant neighborhood commercial – conditional overlay – neighborhood plan (LR-CO-NP) combining district zoning. The CO is for the following: A. No vehicular access from the site to Lamar and access to the site shall be from other adjacent street or through adjacent site; B. Maximum building height is 30 feet. C. Maximum building height is two stories. D. Prohibited uses: Consumer Convenience Services, consumer repair services, food sales, off-site accessory parking, personal services, pet services, restaurant (limited), service station; and E. Conditional Uses: food sales, restaurant (general); F. Drive-in service use is prohibited as an accessory use to commercial uses. PLANNING COMMISSION ACTION / RECOMMENDATION: June 8, 2021: May 25, 2021: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JUNE 8, 2021. [J. SHIEH, G. COX-2ND] (10-0) J. CONNOLLY, Y. FLORES, C. LLANES PULIDO-ABSENT. CITY COUNCIL ACTION: July 29, 2021 ORDINANCE NUMBER: 1 of 44B-4C14-2021-0010 ISSUES Some of the conditional overlays are carried forward from previous zoning cases and reflect agreements between the applicants and neighborhoods. The provision limiting vehicle trips is no longer included in conditional overlays. The list of prohibited uses below is acceptable to staff. Two of the uses previously included were removed. One of the uses, Alternative Financial Services, would not be allowed at this location based on distancing requirements from residential zones. Another use that the Applicant proposed to prohibit, guidance services, is a use that the City refrains from prohibiting based on advice from the Law Department. Neither of these uses are listed in B, (prohibited uses), even though the applicant and neighborhood agreed to list them. Items C. and D. below were carried forward from the previous zoning case. A. No vehicular access from the site to Lamar and access to the site shall be from other adjacent street or through adjacent site; B. Prohibited uses: Consumer Convenience Services, consumer repair services, food sales, off-site accessory parking, personal services, pet services, restaurant (limited), service station; and C. Conditional Uses: food sales, restaurant (general); D. Drive-in service use is prohibited as an accessory use to commercial uses. The Applicant and the neighborhoods negotiated and agreed to include some provisions that are more restrictive than the requirements in the base zone district. These conditions will also be included in the conditional overlay (CO) at their request. E. Maximum building height is 30 feet F. Maximum building height is two stories Issues mentioned in calls and emails • Neighborhood concerns about noise, odors, hours of operation and the proposed increase in the intensity of use and variety of uses permitted by the proposed CS zone district. • Neighbors specifically mentioned not wanting rooftop uses. They are associated with noise from people, amplified sound, smoking and other impacts. Location and Context The rezoning tract is in the West University portion of the Central Austin Combined Neighborhood Plan. The land use on the Future Land Use Map (FLUM) is Commercial and a Neighborhood Plan Amendment is not required for the requested zoning change. The 0.51-acre (22,216 square feet) rezoning tract is located on the north side of West Martin Luther King, Jr. Boulevard (MLK) at the intersection with North Lamar Boulevard (Lamar), addressed as 1901 N. Lamar Boulevard. The tract is a corner lot on the east side of Lamar and developed with a one-story office building (estimated 7,500 sq. ft.) and surface parking. 2 of 44B-4 3 1997 Rezoning: Office to Commercial Prior to 1997, the tract was zoned for limited office (LO) uses. It was rezoned in 1997 (Ordinance No. 970904-L) to neighborhood commercial-conditional overlay (LR-CO) combining district. Dreyfus Antiques occupied the building from 1998 to about 2011. There were four conditions in the conditional overlay of the 1997 Rezoning case: 1. Site uses must generate less than 2000 daily vehicle trips. 2. No direct vehicle access to Lamar Blvd. 3. 10 Prohibited uses: consumer convenience services, consumer repair services, financial services, food sales, guidance services, off-site accessory parking, personal services, pet services, restaurant (limited) and service station. 4. Restaurant (drive-in, fast-food) use and small plant nursery use are conditional uses. 2004 Rezoning: West University NP The West University Neighborhood Plan (Case #C14-04-0021) was adopted by City Council in 2004 (Ord. #20040826-057) as 1 of 3 plans that make up the Central Austin Combined Neighborhood Plan. This rezoning added NP to the zoning string of “Tract 41,” LR-CO-NP. The Ordinance lists the same prohibited uses that were adopted in the 1997 rezoning. 2011 Rezoning: Adds Two Conditional Uses & Public Restrictive Covenant The tract was rezoned again in 2011. (C14-2011-0100). Applicant requested a change from neighborhood commercial (LR) to community commercial (GR) base zoning. The application was subsequently modified to LR-CO-NP with modifications of the conditions. The rezoning added two conditions related to the building: maximum height 30 feet; maximum two stories. It also added two conditional uses to the entitlement: Food sales and Restaurant (general). In addition, a Public Restrictive Covenant (RC) was adopted (C14-2011-0100, 20111110-094) which relates to handling food waste, hours of trash pickup and restaurant operation and prohibited rooftop activity associated with the restaurant. Current Zoning & Conditions The current zoning on the subject tract is neighborhood commercial-conditional overlay- neighborhood plan (LR-CO-NP) combining zone district with limits on daily vehicle trips, site access, building height limited to 30 feet and two stories, 10 prohibited uses, two conditional uses and a prohibition against drive-in service as an accessory use. (Ord.#20111110-094) 1. Daily vehicle trips limited to 2000; 2. No vehicular access from the site to Lamar and access to the site shall be from other adjacent street or through adjacent site; 3. Maximum building height is 30 feet. 4. Maximum building height is two stories. 3 of 44B-4 4 5. Prohibited uses: Consumer Convenience Services, consumer repair services, food sales, alternative financial services, off-site accessory parking, personal services, pet services, restaurant (limited), service station, guidance services; and 6. Conditional Uses: food sales, restaurant (general); 7. Drive-in service use is prohibited as an accessory use to commercial uses. Applicant’s Proposed Zoning and Conditions Applicant seeks rezoning to general commercial services-conditional overlay-neighborhood plan (CS-CO-NP) district zoning with 51 prohibited land uses; and 12 conditional land uses. See attached list of Prohibited Uses and Conditional Uses. Development Standards Changing from the existing LR base zone to the requested CS base zone changes the Site Development Regulations that apply to the land. The applicant is proposing to keep the height limit of the existing CO: (30’ and 2 stories). The development standards that will increase with rezoning to CS include maximum building coverage, maximum impervious cover and maximum floor area ratio (FAR). (from 25-2-492) Site Development Regulations Maximum height Maximum building coverage Maximum impervious cover Maximum floor area ratio (FAR) LR-CO-NP (existing) 30’or 2 stories 50% 80% 0.5:1 LR 40’ or 3 stories 50% 80% 0.5:1 CS 60’ 95% 95% 2:1 CASE MANAGER COMMENTS: Applicant is proposing an office land use in general commercial services (CS) district zoning and prohibiting 54 of the land uses from the CS zone. The CS zone development standards would permit substantially more building and impervious cover and maximum floor area ratio. The staff is not supporting the request. The proposed use is primarily for the Administrative Offices for a philanthropic foundation, the Sangreal Foundation based in Austin. The proposed 30,000 square foot building may be larger than necessary for the current needs of the foundation but would allow for future expansion into the space. The requested land uses would permit building management to lease space to compatible business until the foundation requires the space. While the proposed use, Administrative and Business Office, is permitted with the existing LR- CO-NP zoning, the proposed maximum building area, building coverage and maximum impervious cover all increase with the requested change. 4 of 44B-4 5 Staff has reviewed the request and determined that tract size, shape, location, topography and other factors suggest that this is not a good location for the increased intensity of “commercial and industrial activities with operating characteristics or traffic service requirements generally incompatible with residential environments,” the description of CS zoning. Topography and Access The site slopes from the north and east down toward to the south and west. The tract is located at the bottom of the steeply graded West Martin Luther King, Jr. Blvd. (MLK) that descends from Robbins Place (about two city blocks east) before reaching North Lamar Boulevard at a “T” intersection forcing all vehicles to turn. MLK is widest at the intersection with N. Lamar to accommodate double right turn lanes, a left turn lane, a single eastbound lane, and a climbing lane for bikes. MLK and North Lamar are both depicted on the Austin Strategic Mobility Plan (ASMP) on high injury network streets. There is an additional access point to 1901 North Lamar Blvd. on the adjacent property to the north. (Cross access agreement exists). There is a double yellow line painted median in this section of North Lamar Blvd. prohibiting left turns from southbound Lamar. North Lamar Boulevard slopes from north to south along Shoal Creek. As the Creek flows south during floods it expands beyond the greenway at Pease Park, across North Lamar and onto the subject tract. The FEMA Floodplain is mapped around the existing building and the Fully Developed Floodplain map on the Property Profile tool shows the water line about 40’ into the site as measured from the property line. The west end of the existing building is within this mapped flooding area. At the subject site, North Lamar Blvd. is not a Core Transit Corridor. Although Lamar is an Imagine Austin Corridor, the segment of North Lamar from West 15th Street to 29th Street has no other commercial zoning except the subject site. Public, office and residential zoning is most common. Though access to major streets is important for CS zoning, the site characteristics of the rezoning tract make it challenging to develop including lot shape, size, topography, Heritage trees, limited frontage, and periodic flooding. The single direct access point is on Martin Luther King, Jr. Boulevard and is close to the intersection which may limit turns to right in and out movements. West University Neighborhood Plan The rezoning site is Tract 41in the West University Neighborhood Plan, part of the Central Austin Combined Neighborhood Plan (Ord.# 040826-056, approved 08/26/2004). The site is at the western edge of West University Neighborhood and lies just north of the Downtown Austin Plan, Judges Hill District, bounded by MLK Blvd. The Future Land Use Map (FLUM) in the Central Austin Combined Neighborhood Plan (West University) shows the current use as Commercial. The proposed land use with the zoning change would be Commercial. A plan amendment is not required. That was the determination of the Neighborhood Planner assigned to the case. See attached letter dated January 13, 2020 from Maureen Meredith, Senior Planner 5 of 44B-4 6 Maximum Building Area In CS zoning with a FAR of 2:1, the applicant could build a building with twice the area of the site (2 x 22,216 = 44,432 sq. ft.). With the current LR zoning and FAR of 0.5 the maximum building area is 11,108 sq. ft. The rezoning site is flanked by sites with GO base zoning with FAR of 1:1. Restrictive Covenant When the Conditional Uses were added to the CO in 2011, a Public Restrictive Covenant Document # 20111117812) was approved to regulate issues related to food and restaurant uses. The hours that dumpsters could be serviced, the hours the restaurant could operate, use of a roof top deck for restaurant use is prohibited, a fence was to be constructed and a heritage tree protected. There is no application with the current case to modify or terminate the RC. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The applicant’s request for general commercial services (CS) base zoning with a conditional overlay (CO) of 51 prohibited uses is sought for the purpose of the development standards. The applicant is proposing an office use. Administrative and Business Offices are a permitted use in the existing LR-CO-NP district as well as the office districts. 2. Zoning changes should promote compatibility with adjacent and nearby uses. The adjacent use to the north is a professional office building and the adjacent use to the east is an off-site accessory parking structure which is permitted in LR and GO. The CS development regulations would allow more lot coverage and more building area than the adjacent and nearby uses. 3. Zoning should allow for reasonable use of the property. Building out the LR zoned site to the limits of the LR zone is a reasonable use of the property. The applicant is asking for more building coverage, more total impervious cover and more building area than is reasonable for the location of the subject property. The rezoning tract has flood plain and this may not be a good location to increase impervious cover. EXISTING ZONING AND LAND USES: Site North Zoning Land Uses LR-CO-NP Bank, Mortgage Offices GO-NP, SF-3-CO-NP, SF-3- H-CO-NP Consulting Offices, detached residences 6 of 44B-4 South East West 7 Zoning Land Uses Advertising Offices, Pease Park Across MLK Blvd. GO, Across Lamar BLVD. P GO-MU-CO-NP Structured Parking (5 story including roof parking), residential P Pease Park NEIGHBORHOOD PLANNING AREA: West University Sub Area of Central Austin Combined Neighborhood Plan, adopted August 26, 2004. TIA: The traffic impact analysis has been waived for the following reason: The determination is deferred until site plan application, when land use and intensity will be finalized. WATERSHED: Shoal Creek, Urban (maximum impervious cover is regulated by zone district). Impervious Coverage, Floor Area Ratio, Height Zone District Building Coverage Maximum Coverage LR CS GO GR 50% 95% 60% 75% 80% 95% 80% 90% Floor Area Ratio 0.5:1 2:1 1:1 1:1 Height 40’ and 3 stories 60’ 60’ 60’ Height 1901 N. Lamar LR-CO-NP 30’and 2 stories OVERLAYS: ADU Approximate Area Reduced Parking; Residential Design Standards: LDC/25-2-Subchapter F SCHOOLS: AISD: Casis Elementary O’Henry Middle Austin High NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin CANPAC (Central Austin Neigh Plan Area Committee) Caswell Heights Neighborhood Association Central Austin Community Development Corporation Central Austin Urbanists Friends of Austin Neighborhoods 7 of 44B-4 8 Homeless Neighborhood Association Neighborhood Empowerment Foundation Original West University Neigh Assoc. (The) Preservation Austin SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group University Area Partners AREA CASE HISTORIES: Number C14-2007-0262 Request Commission City Council To grant Apvd. 06/11/2009 Ord.#20090611-056 Rezone 20.42 ac. To add vertical mixed use building (V) to certain tracts located in the Central Austin Combined Neighborhood Planning Area. Subject property, 1901 N. Lamar Blvd. was one of three parcels in Tract 41 that were excluded from (V). (p 10 0f 12 in Ord.) Central Austin Combined Neighborhood Plan (West University). Rezone from MF-2-CO-NP to MF-2- CO-NP-H. Part 3. Conditions: A. Maximum building height 30 feet. B. Prohibited uses: Club or lodge, Community recreation (private). Rezone from SF-3-CO-NP to SF3-H-CO- NP. Part 3 Conditions: A. Maximum building height is 30 feet. B. Prohibited uses: club or lodge, community recreation (private). Rezone 0.413 ac. From SF-3 to GO Rezone from SF-3-CO-NP to SF-3-H-CO- NP. Part 3 Conditions: A. Maximum building height is 30 feet. B. Prohibited uses: club or lodge, community recreation (private). Rezone 20.42 acres to add Vertical Mixed Use Building (V). Dreyfus Antiques Brocante Restrictive Covenant with City of Austin Terminated C14-04-0021 C14H-2013-0007 1911 Cliff Street Cranfill-Beacham Apartments C14H-2007-0013 1305 W. 22nd Street Goff-Radkey House C14-2010-0101 1808 Vance Circle Shoal Creek Blvd. C14H-06-0038 1901 Cliff Street Thomas Cranfill House C14-2007-0262 Bounded by 45th, IH- 35, MLK, Jr. Blvd., & Lamar Blvd. C14-97-102 & C14-2011-0100 Dreyfus Antiques To grant To grant Apvd.09/02/2004 Ord.#040902-57 Apvd.12/12/2013 Ord.#20131212-128 To grant Apvd.10/18/2007 Ord.#20071018-058 To deny Withdrawn To grant Apvd.10/18/2007 Ord.#20071018-057 City initiated Apvd. 06/11/2009 Ord.#20090611-056 Apvd.10/11/2011 8 of 44B-4 9 Request Commission City Council To grant Apvd. 04/14/2005 Ord.#20050414- Z004 To grant Apvd. 08/14/2017 Ord.# 20170803-085 Number C14H-05-0001 Patterson House 1908 Cliff Street C14H-2017-0039 Carrington Bluff on Carrington- Morrison-O’Reilly - Molesworth House C14-2011-0100 Dreyfus Rezoning Rezone from SF-3-CO-NP to SF-3-H-CO- NP. Part 2. Conditions: 1. Maximum building height 30 feet. 2. Prohibited uses: club or lodge, community recreation (private). Rezone 0.3190 ac. from SF-3-CO-NP to CF-3-H-CO-NP. Part 2 Conditions: 1. Prohibited uses: Club or lodge, community recreation (private). 11701518 Rezone 0.51 ac from LR-CO-NP to LU-CO- NP Apvd. 11/10/2011 Ord.#20111110-094 LEGAL DESCRIPTION: Lamar at 19th, Lot 3 OLT 13 Div E Deed conveying property to present owner: 2011188587 Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient right-of- way for Lamar Boulevard and Martin Luther King Jr Boulevard. Traffic impact analysis was waived, the determination is deferred until site plan application, when land use and intensity will be finalized. Name Existing ROW ASMP Required ROW Paveme nt ASMP Classification Sidewalks Bicycle Route Capital Metro (within ¼ mile) Lamar Blvd 106’ Martin Luther King Jr Blvd 86’ 94’ 74’ 64’ 55’ 3 3 Yes Yes Yes Yes Yes Yes 9 of 44B-4 10 OTHER STAFF COMMENTS: Comprehensive Planning This case is located on the northeast corner of North Lamar Boulevard and East Martin Luther King Boulevard on a 0.51 acre property that contains a bank. The property is located along the North Lamar Activity Corridor and within boundaries of the Central Austin Combined Neighborhood Planning Area (West University). Surrounding land uses includes offices and residential uses to the north; to the south is an office building; to the west is a Pease District Park; and to the east is parking garage and residential uses. The proposal is to demolish the existing building and build an office building. Connectivity There are public sidewalks along North Lamar Boulevard and East Martin Luther King Boulevard. A public transit stop is located less than 200 feet from the subject property. Central Austin Combined Neighborhood Planning Area (CACNP) The Central Austin Combined Neighborhood Plan Future Land Use Map designates the subject area as being classified as Commercial, which is intended for retail sales, services, motels/hotels, and all recreational services that are predominately privately owned and operated for profit. This FLUM category is intended to encourage employment centers, commercial activities, and other non-residential development. Zones LR, GR and CS are permitted under the Commercial FLUM category. Based on the property being located along an Activity Corridor, which allows for commercial and office uses, this proposal supports the Imagine Austin Comprehensive Plan. Imagine Austin Environmental 1. The site is located over the Edwards Aquifer Verification Zone. A geologist assessment is necessary to determine the Recharge Zone boundary. 2. The site is located in the Shoal Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. 3. Zoning district impervious cover limits apply in the Urban Watershed classification. 4. 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. 5. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 10 of 44B-4 11 6. 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. 7. 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. Parks and Recreation Department PR1: Parkland dedication will be required for any new residential units proposed by this development, CS-MU-NP zoning, at the time of subdivision or site plan, per City Code § 25-1- 601. There are currently no parkland requirements for uses other than residential and hotel. The proposed use is currently office; as such, there would not be parkland dedication requirements or parkland impacts at the time of site plan or subdivision. If the proposed development does change to include residential use, the applicants can request a determination of parkland dedication requirements in advance of site plan or subdivision applications. If desired, please contact this reviewer: thomas.rowlinson@austintexas.gov. PARD can provide an early determination of whether fees in-lieu of land will be allowed. Site Plan SP1. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. SP2. The site is subject to compatibility standards. Along the north property line, the following standards apply: i. No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line. SP3. Additional design regulations will be enforced at the time a site plan is submitted. 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. All water and wastewater construction must be inspected by the City of Austin. 11 of 44B-4 12 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 Exhibit A: Zoning Map Exhibit B: Aerial Map Applicant’s List of Prohibited Uses and Conditional Uses with CS base zone Correspondence Received 12 of 44B-4( SF-3-NP 04-0021 P-NP P-H-NP H88-0003 MF-4-CO-NP MF-4-CO-NP MF-4-CO-NP APARTMENTS 04-0021 87-082 P-NP CASWELL TENNIS COURTS SPC-01-0022C D V L B R A M A L N Y T N R E T A R F D V L B K E E R C L A O H S ( ( . F F O E FIC F O GO-CO-NP MF-4-CO-NP GO-CO-NP 56-94 PARKING 04-0021 ! ! OFFICE GR-MU-V-NP C14-2020-0026 ! ! C14-2018-0112 GO-MU-NP MF-4-CO-NP APARTMENTS SP96-0449C ( ( MF-4-NP FRATERNITY\ HOUSE APT. MF-4-NP SHOPPING C14-2007-0128 MF-4-CO NP LR-NP H-77-15 CS-MU-H-NP C14H-77 015 GR-MU-NP C14-2020-0032 GO-MU-NP C 4-2017-00 8 CS-NP 92-0085 PARKING C14-2007-0132 T S L R A E P W 24TH ST CS-1-NP MF-6-CO-NP WOMEN'S LAUNDRY ! APTS. APTS 56-94 DUPLEX ( = 71-299 MF-3-CO-NP = SF-3-CO-NP 69-91 ( = ( APT. MF-4-CO-NP SP- 85-83 APTS. CS-MU-CO-NP SP 01 0458C ( ( ( MF-6-CO-NP ( MF-4-CO-NP CS-H-CO-NP CLUB P-81-95 LR-H-CO-NP ( C14-2016-0117 SF-3-CO-NP 04-0021 ( ( ( ( ( ( ( 04-0021 GO-MU-CO-NP C14-2007-0013 SP-05-1130C ( C14-67-35 ( > > SF-3-CO-NP ( ( MF-1-CO-NP ( 82-163 ( MF-3-CO-NP ( ( SF-3-CO-NP 69-119 ( SF-3-CO-NP ( ( ( 80-146 X E L P U D W 22ND HALF ST ( ( ( ( SF-3-CO-NP ( ( ( C14-04-0021 ( W 23RD ST ( ( . S T P A SP-86-11 MF-4-CO-NP APTS. APTS. APTS. APTS. 79-46 PARKING APTS. APTS MF-3-NP ( 04-0021 ( T S N O E L APTS. X E L P U D S T P A ! ( SF-3-CO-NP ( ( ( ! ! ! SF-3-CO-NP ( ( 72-191 W 22ND ST MF-4-CO-NP APTS. SF-3-CO-NP W 23RD ST APTS. C14-71-20 ( MF-4-CO-NP MF-4-NP 74-32 MF-4-CO-NP 80-212 8 37 APT. MF-4-NP ( . S T P A ( MF-4-CO-NP ( ( SP-06-0184C.SH ( MF-4-NP APT. ( ( X E L P - 4 MF-4-CO-NP DUPLEX MF-4-NP LO-H-NP W 22ND HALF ST I T S W E V G N O L ( ( ( T W S VIE G N O L ( ( 87-082 C14-2007-0262 ( LO-MU-CO-NP = SF-3-CO-NP ( = = SF-3-CO-NP = 98-0138 SP-99-0246C ( H2007-0013 SF-5-NP SF-3-CO-NP C14H-2007-0013 SF-3-H-CO-NP T S F F I L C OFFICE C14-2007-0262 LO-NP MF-2-CO-NP ( C14H-05-0001 SF-3-CO-NP ( C14-2016-0100 ( 79-255 ( SF-4A-CO-NP = 04-0021 C14H-20 0-0031 ( C14H-2 13-0007 SF-3-CO-NP ( ( MF-2-H-CO-NP T S D V A D SF-3-CO-NP ( ( ( I ( ( C14H-06-0038 SF-3-H-CO-NP OLD 19TH ST P80-55 RAD IO\S TATIO N - 0005CS GO-NP C14-2007 262 ( ( SF-3-H-CO-NP C14H-2017-0039 SP- 98-0092C P P PEASE PARK C 97-0102(RC ) GO-MU-CO-NP SF-3-H CO-NP OLD 19TH ST SF 3-CO-NP C 4-2011 0100 LR-CO-NP OFFICE GO R I C E C N A V SF-3 ( ( SF-3 SF-3 ( ( SF-3-H H06-0035 ( ( SF-3 ( ( ( ( SF-3 ( Y A W K R A P SF-3-H ( C14H-2009-0056 E WIN DS O R R D ( ( ( ( ( N L A ( ( SF-3 ( ( ( ( SF-3 ( ( R AIN B O W B N D ( SF-3 ( ( ( ( D E R S A PE SF-3 SF-3 C14H-2012-0001 SF-3-H ( ( ( ( ( ( ( SF-3 SF-3-H C14H-03-0022 H03-0022 SF-3 ( NIL E S R D SF-3 ( ( ( ( SF-3-H ( C 4H-2009 0065 ( ( ( SF-3 ( ( N L Y A R R U M ( MF-3-NP ( SF-3 ( ( ( W I N D S O ( SF-2-H C14H-2010-0003 R R D ( ( SF-2 83-232 ( ( N L L L A H S R A M SP- 98-0449CS APTS. MF-4-CO-NP PARKING MF-4-CO-NP MF-4-NP APTS. SF-3-CO-NP SF-3-CO-NP W 21ST ST APTS. MF-4-CO-NP 70-193 ( MF-1-CO-NP L P S N B B O R I MF-3-NP ( ( ( ( ( APTS. MF-4-CO-NP CONDOS SP-06-0693C.SH MF-4-NP COOP-APTS MF-3-NP SP 02-0358C OFFICE GO-CO-NP APTS. I T S L E R B A G N A S E C I F F O GO-CO-NP 80-01 GO-CO-NP W MARTIN LUTHER KING JR BLVD 5 0 0 - 7 7 81-102 LO-NP GO-NP C14-2007-0262 79-10R SF-3-H C 4H-2010-0012 ( ( ( 82-137 CONDOS ( W 18TH ST SF-3-H ( ( C14H 2009 0043 ( H2009-0043 ( ( CONDOS LO SF-3 ( LO-V C14-2007-0235 T S L R A E P ( P -O O C ( SF-3 ( MF-4 SF-3 ( ( W 17TH ST ( ( ( SF-3-H C14H-2013-0005 C14H-00-0010 ( ( ( MF-3 O D N O C SF-3 C1 2013-0104 ( C14H-2009-0044 SF-3-H ( LO-H C 4H-74-004 SF-3 C14-06-0016 R81-060 ( ( 59-80 6 1 1 0 - 6 0 LO C14H-2009-0011 SF-3-H ( C14H-2009-0045 LO C14-69-072 69-072 S. T P A W 16TH ST ( ( SF-3-H ( SF-3 SF-3-H ( ( C14H-2015-0013 C14H-2007-0025 LO 66-10 S H O A L C R E E K B L V D SF-3 66-100 GO SF-3 ( C14H-2010-0013 SF-3-H E V T A S E W ( NO-H-CO 91-0079 LO-H ( C14H-95-0004 LO W 15TH ST SF-3-H ( ( MF-3 ( ( ( 8 1-4 0 ( SF-3 A P A R T M E N T S SF-6 78-09 82- 32 ( ( ( MF-3 02-0112 ( SF-3-NP SF-3-NP ( ( MF-3-NP A P A R T M E N T S C 4H-05-0017 MF-3-CO-NP ( SF-3-NP Y A W K R A P MF-3-NP ( SF-3-NP ( ( MF-4-NP ( ( N LAMAR SB TO W 15TH RAMP P-NP SF-3 ZONING ZONING CASE#: C14-2021-0010 ( MF-3 ( SF-2 SF-2-H C14H-04-0010 ( SF-2-H C14H-2008-0015 ( SF-2 ( 85 186 ( MF-3-CO-NP C 4-2010-0112 NO-CO-NP ( C14-2010-0113 5 5 0 6-0 9 ( MF-3-NP ( ( P A L M MF-3-NP SF-5-NP ( C14-2014-0076 A P L Z ( C14-04-0149. 4 ( C14-04-0149.47 ( MF-3-NP MF-3-H-NP ( C14H-2008-0035 MF-3 ( H2009-0058 MF-3 ( E N FI E ( C14H-2009- 058 MF-3 H ( C14H-04-0029 MF-3-H ( D R L D H 0 4-0 0 2 9 CP77-09 ( MF-3-NP 83-87 SF-3-H-NP C14H-05-0013 ( MF-3-NP H05-0013 MF-3-NP ( ( ( MF-3-NP ( ( C14-04-0149.29 ( N L L L A H S R A M ( ( ( ( ( ( ( SF-3-NP C14-04-0149 ( ( MF-3-NP ( C14 02-0112 ( T ( 02-0112 ( ( AIN S ( ( R R O L MF-3-NP 02-01 2 APARTMENTS ( ( W 13T MF-3-NP ( H S T ( MF-2 NP ( ( ( ( MF-3-NP APARTMENTS K I N G S B U R P Y S T ( ( ( ( ( ( MF-3 ( MF-3-H C14H-03-0014 H03-0014 MF-3 MF-3 H 0 2-0 0 2 0 MF-3-H C14H-02-0020 ( CP77-09 ( ± 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 loca ion 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: 1/26/2021 13 of 44B-414 of 44B-4Rezoning Case C14-2021-0010 Conditional Uses Alternative Financial Services (conditional) Food Sales 1 2 3 Medical Offices—exceeding 5,000 sq. ft. 4 5 6 7 8 9 10 Hospital Services (limited) Residential Treatment 11 Telecommunication Tower (PC) 12 Personal Improvement Services Hospital Services (limited) Restaurant (General) Community Recreation (Private) Community Recreation (Public) Congregate Living Project Mirabeau Prohibited Uses Agricultural Sales and Services 1 Automotive Rentals 2 Automotive Repair Services 3 Automotive Sales 4 Automotive Washing (of any type) 5 Bail Bond Services10 6 Building Maintenance Services 7 Business or Trade School 8 Business support Services 9 Campground 10 Commercial Blood Plasma Center 11 Commercial Off-Street Parking 12 Communications Services 13 Construction Sales and Services 14 Consumer Convenience Services 15 Consumer Repair Services 16 Convenience Storage 17 Drop-Off Recycling Collection Facility 18 Electronic Prototype Assembly15 19 Electronic Testing16 20 Equipment Repair Services 21 Equipment Sales 22 Exterminating Services 23 Food Preparation 24 Funeral Services 25 General Retail Sales (General) 26 Hospital Services (General) 27 Hotel-Motel 28 Indoor Entertainment 29 Indoor Sports and Recreation 30 Kennels 31 32 Laundry Services 33 Monument Retail Sales 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Maintenance and Service Facilities Off-Site Accessory Parking14 Outdoor Entertainment Outdoor Sports and Recreation Pawn Shop Services Pet Services Plant Nursery Printing and Publishing Research Services Restaurant (Limited) Service Station Theater Vehicle Storage Veterinary Services Custom Manufacturing Limited Warehousing and Distribution Indoor Crop Production Club or Lodge 15 of 44B-4May 17, 2021 Dear Planning Commission Members: We firmly object to and oppose the owner of 1901 N. Lamar’s petition to change the zoning from Neighborhood Commercial Zoning [LC-CO-NP] to Commercial Services Zoning [CS-CO-NP]. Please consider the possible consequences of such a zoning change and how they will negatively impact the surrounding environment, neighborhood, and traffic patterns. The property currently has a Conditional Overlay and Restrictive Covenants with three neighborhoods that collectively limit traffic, building height, and building usage. What is unique about this location that needs to be preserved? This property sits at the intersection of MLK Blvd. and Lamar Blvd. Along Lamar Blvd., from 15th Street to 29th, development has been limited on the east side of Lamar Blvd. to a handful of low- profile office buildings [low height and low sq. footage] and small residential complexes. There are no other CS zoned properties for approximately 12 blocks down Lamar Blvd. The properties surrounding this location are zoned either GO or SF, not CS. This approach has allowed for a lush greenspace – Pease Park and Shoal Creek – to be beautifully curated by the city parks and private efforts on the west side of Lamar Blvd. This is where our children play in the creek, ride their bikes, and play in the open field. To allow a structure currently being petitioned for [up to 30,000 sq. ft.] is counter to what currently exists, and what should be allowed for in the future of this unique green corridor. This sets a negative trend for this increasingly rare green corridor in central Austin. The environmental features of this property that need special care and concern. The environmental features of this property include the following: • a steep hill at the back [the residential neighborhood rests atop the hill]; • a Heritage Tree, estimated to be at least 325 years old; • part of the property is in a designated flood plan. Because of the size of the building and the increased impervious cover requested, it is of serious concern that the steep hill, identified as Del Rio Clay and Buda Limestone, will be disturbed and [almost certainly] lead to slope failure similar to those experienced nearby along Shoal Creek. The proposed underground garage would require extensive excavation and [perhaps] dynamite; it is hard to imagine this not severely damaging the root system of the Heritage Tree. A significant portion of this property is defined by FEMA as a “special flood hazard area” and an “area of flood hazard.” This existing designation coupled with future excavation and slope disturbance could exacerbate future flooding issues. 1 16 of 44B-4Beep, beep…HONK HONK…the traffic concerns. The property owner is asking for CS zoning. According to the City of Austin Zoning Guide: General Commercial Services District is intended predominately for commercial and industrial activities of a service nature having operating characteristics or traffic service requirements generally incompatible with residential environments. This property is surrounded by three neighborhoods that already struggle with overwhelming traffic issues. The rezoning of this property will permit curb cuts, increased density, and expanded uses. All will result in increased traffic at an intersection that is already very precarious, and that increased traffic will spill into the neighborhoods in dangerous ways. As it is, we frequently contend with frustrated drivers thinking that our street – Vance Circle at the top of the previously mentioned hill – is a cut through to avoid the congested Lamar Blvd. and MLK Blvd. intersection. When they realize it is a dead end, they speed out of our street, putting our children, animals, and cars in danger. The intersection where the requested zoning change is located cannot be further exacerbated. In conclusion, we ask you to vote against the proposed rezoning of 1901 N. Lamar Blvd. from Neighborhood Commercial Zoning [LR-CO-NP] to Commercial Services Zoning [CS-CO-NP]. Thank you, Marisela and Marc Smookler 1809 Vance Cir., Austin, TX 78701 2 17 of 44B-4From: To: Cc: Subject: Date: Bob Ellis Graham, Mark Megan Meisenbach Opposition to proposed Zoning Change from LR-CO-NP to CS-CO-NP located at 1901 N. Lamar Monday, May 17, 2021 9:55:33 AM *** External Email - Exercise Caution *** Dear Planning Commission Members, Bob Ellis 1801 Vance Circle I am in opposition to the above referenced zoning change. Thank you in advance for your consideration. 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. 18 of 44B-4From: To: Subject: Date: Jack Hayles Graham, Mark AGAINST CHANGING ZONING AT 1901 NORTH LAMAR Sunday, May 16, 2021 9:06:49 PM *** External Email - Exercise Caution *** Dear Planning Commission Members, I am reaching out to express my disapproval of the changing of the zoning at 1901 North Lamar. My name is Jackson Hayles. I live at 2414 Pearl St. Austin, TX 78705 of the Caswell Heights Neighborhood Association. It goes against the neighborhood and puts younger adults at risk especially with the rise of homeless crime in Austin (cited by Mayor Adler and Governor Abbott among others). I am all for helping find habitable areas for the homeless, but I think West Campus is not the area. There are a lot of young adults who can not fend for themselves when attacked. Thanks, Jackson Hayles -- Jack Hayles The University of Texas at Austin, 2021 McCombs School of Business | Business Honors, Finance 615-419-8580 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. 19 of 44B-4From: To: Subject: Date: William Hastings Graham, Mark Opposition to Proposed Zoning Change at 1901 North Lamar Sunday, May 16, 2021 6:12:42 PM *** External Email - Exercise Caution *** To: Austin Planning Commission VIA EMAIL: mark.graham@austintexas.gov I am writing as a long time neighboring home owner in opposition to the proposed zoning change at 1901 North Lamar to CS. I am all for sensible redevelopment but I believe having a project this large on such a small lot is incompatible with our neighborhood. I am also concerned about the increased traffic on an already congested North Lamar intersection. Finally, I worry about the environmental impacts such a development could potentially have on our neighborhood. Thanks for your consideration and for your service on the Planning Commission. Sincerely, William D. Hastings Member Caswell Heights Neighborhood Association 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. 20 of 44B-4From: To: Subject: Date: Grady Schroer Graham, Mark Zoning changes at 1901 North Lamar Saturday, May 15, 2021 6:59:58 PM *** External Email - Exercise Caution *** Dear Planning Commission Members, My name is Grady Schroer at 2309 long view with the Caswell Heights Nieghborhood association and I am concerned with the proposed zoning changes at 1901 North Lamar. I am concerned that this zoning change could very well impose danger and an unsafe environment on the people of the neighborhoods surrounding. -- Graydon Schroer 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. 21 of 44B-4From: To: Subject: Date: Jackson Hanna Graham, Mark 1901 N Lamar Saturday, May 15, 2021 4:13:48 PM *** External Email - Exercise Caution *** Dear Planning Commission, Sincerely, Jackson Hanna The proposed project at 1901 N Lamar violates our neighborhood zoning rules and would be an extreme detriment to our community. Please reconsider building this real estate somewhere not dominated by young UT students. Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 22 of 44B-4From: To: Subject: Date: will hoffman Graham, Mark Against Zoning at 1901 North Lamar Saturday, May 15, 2021 2:56:21 PM *** External Email - Exercise Caution *** Dear Planning Commission Members, I am against changing the zoning at 1901 North Lamar because the zoning is incompatible with the neighborhoods next to it. William Cook Hoffman 2309 Longview St. Caswell Heights Neighborhood Association 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. 23 of 44B-4From: To: Subject: Date: V R Austin Graham, Mark 1901 N Lamar Saturday, May 15, 2021 1:15:45 PM *** External Email - Exercise Caution *** Dear Planning Commission Members: I would like to voice my opinion to the request to change the property at 1901 N Lamar from a LR to a CS property, I object! I live above this property at 1113 W 22 St.. I bought this property because I was assured that it is a protected neighborhood from stealth dorms and other invasive businesses that would ruin the serenity of the environment. This change in status would bring invasive businesses and encourage others along Lamar to want to change their status,too. I object to this back door approach to destroying the covenants of the neighborhood. John E. and Vickie R Austin 1113 22 St. Austin, TX 78705 Sent from my iPad CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 24 of 44B-4From: To: Subject: Date: Meredith Maycotte Graham, Mark 1901 N. Lamar Zoning Change Saturday, May 15, 2021 9:33:04 AM *** External Email - Exercise Caution *** Dear Planning Commission Members, I would like to express my concern for a potential property development in my neighborhood. I am AGAINST changing the zoning at 1901 N. Lamar to CS. Our neighborhood has worked hard to ensure compatibility in our area and the existing Conditional Overlay and the Private Restrictive Covenants have been agreed to and should be abided by. When a wealthy person comes in and buys up land and expects that restrictions don't apply to them, it degrades the trust between neighborhood residents, the city, and developers. Please help us prevent these unwanted changes that are being requested by someone who will never even live in our neighborhood. Thanks for your time and consideration. We appreciate all the work you do to keep our growing city a place to attract families and residents and keep it an enjoyable place to live. Best, Meredith Maycotte Caswell Heights Neighborhood Association Resident Meredith Miles Maycotte m#: 512.674.5207 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. 25 of 44B-426 of 44B-427 of 44B-4From: To: Cc: Subject: Date: Nuria Zaragoza Graham, Mark Karrie League 1901 North Lamar Monday, May 17, 2021 5:44:47 PM *** External Email - Exercise Caution *** Dear Me. Graham, I wrote you back in March to state my individual position on this case when the sign first went up on the site, and before we were contacted by the agent. Since then, the agent has been in communication with our association to look at whether there is a compromise. We currently have all the information, and have scheduled a meeting for this Sunday. I realize it will be too late for our position to make it to the backup, so I am writing this email to alert commissioners that the association in which this parcel falls, Original West University Neighborhood Association, OWUNA, has not met yet and does not have an official position. We will email the commissioners directly before the hearing to report on the outcome of our meeting. I sincerely appreciate your responsiveness through this process. I know your time is precious and you have been generous with it along the way. Sincerely, Nuria Zaragoza Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 28 of 44B-429 of 44B-4From: To: Cc: Subject: Date: Pangle, Thomas L Graham, Mark Pangle, Lorraine S; T Damron objection to change in zoning Thursday, May 13, 2021 10:26:09 AM *** External Email - Exercise Caution *** Dear Planning Commission Members As longtime owner and resident of a home at 1200 West 22 ½ St. 78705 Austin, I object to the request that 1901 N. Lamar (Previous site of Benchmark Bank at the corner of MLK,, Jr. and N. Lamar.) have a change in zoning FROM Limited Residential Zoning (LR-CO-NP) TO Commercial Services zoning (CS-CO-NP). The requested CS zoning would be incompatible with the other zoning along Lamar and where it is located. Given the size of the proposed building and the proposed underground parking, and the increased impervious cover being requested, the hill at the back of the property next to residential properties will be disturbed, including a heritage tree, with possible erosion and flooding. Thank you for your attention and all your service to the community. -- Thomas L. Pangle Joe R. Long Endowed Chair in Democratic Studies Department of Government University of Texas at Austin http://www.la.utexas.edu/users/tlp374/ Co-Director Thomas Jefferson Center for the Study of Core Texts and Ideas http://www.utexas.edu/cola/centers/coretexts/ Download papers and articles at http://utexas.academia.edu/ThomasPangle https://www.amazon.com/author/thomaspangle 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. 30 of 44B-4From: To: Subject: Date: Beverly Stringer Graham, Mark 1901 N Lamar request for zoning change Tuesday, May 11, 2021 3:52:03 PM *** External Email - Exercise Caution *** Dear Planning Commission Members, For all the concerns voiced through the Caswell Heights Neighborhood Association, I respectfully object to the change in zoning requested for the property at 1901 N Lamar. Homeowners rely on existing zoning rules, and it is most unfortunate to have to continually fight to maintain rules that were put into place when neighborhoods were a priority in our city. Please do your duty and uphold all of the existing rules pertaining to this property. Thank you for your consideration. Beverly Stringer 1916 David Street Austin TX 78705 Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 31 of 44B-4From: To: Cc: Subject: Date: Karrie League Graham, Mark Lloyd, Brent 1901 North Lamar Tuesday, March 2, 2021 1:40:32 PM *** External Email - Exercise Caution *** Dear Sir, I am writing in my capacity as president of the Original West University Neighborhood Association. In 2011, our association worked hard to come to an arrangement with the bank in their upzoning of the property, which is positioned in a location with serious impact potential on our community. The bank was considerate of our concerns, and we represented their needs to the membership and came up with restrictions to the upzoning that made everyone happy. For this latest upzoning, which has just come to our attention, no-one reached out to our neighborhood at all. We don't know what is intended there, and we fear that all the work we did to protect the neighborhood in the previous upzoning will be lost. Although we have not yet had time to have a neighborhood meeting about this, I am quite sure that everyone who voted last time will have the same feelings this time, and will rigorously oppose the upzoning if the same restrictions that were in place last time are not included this time around. In particular the height restriction and the covenants regarding handling of trash and waste are high priorities. Thank you for your attention, -- Karrie League 512-296-6728 President OWUNA 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. 32 of 44B-4From: To: Cc: Subject: Date: Attachments: Nuria Zaragoza Graham, Mark Lloyd, Brent; Karrie League 1901 North Lamar- opposition to up-zoning request. Tuesday, March 2, 2021 11:33:11 AM OWUNA 1901 North Lamar.pdf *** External Email - Exercise Caution *** Dear Mr. Graham, I am emailing to express my opposition of the requested re-zoning of 1901 North Lamar. I am attaching our letter to Council in support of the rezoning that was negotiated back in 2011. At that time, Richard Suttle had requested GR zoning. After many weeks of discussions and compromise, we arrived at the current zoning for the property. There was some opposition, but in general, it worked for the developer and for the neighborhood. The conditions that applied in our opposition to GR apply today. By extension, it is safe to say that CS is no more compatible with the site than GR. In contrast to the process back in 2011, the Association has not been contacted by the agent requesting the zoning. Details of the plan are not known. As you develop a staff recommendation for this case, I hope you will consider the past work that was done to evolve this parcel from LO to the current LR zoning. Given the massive density this area holds, and the fragile sliver of a historic residential area that remains, the dangerous nature of the intersection, and our neighborhood's history of supporting appropriate development, that you will support to maintain the current LR zoning on the site, with the CO's that were negotiated. Sincerely, Nuria Zaragoza Sent from Outlook 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. 33 of 44B-4 34 of 44B-4 35 of 44B-4From: To: Cc: Subject: Date: Attachments: Nuria Zaragoza Graham, Mark Lloyd, Brent; Karrie League 1901 North Lamar- opposition to up-zoning request. Tuesday, March 2, 2021 11:33:11 AM OWUNA 1901 North Lamar.pdf *** External Email - Exercise Caution *** Dear Mr. Graham, I am emailing to express my opposition of the requested re-zoning of 1901 North Lamar. I am attaching our letter to Council in support of the rezoning that was negotiated back in 2011. At that time, Richard Suttle had requested GR zoning. After many weeks of discussions and compromise, we arrived at the current zoning for the property. There was some opposition, but in general, it worked for the developer and for the neighborhood. The conditions that applied in our opposition to GR apply today. By extension, it is safe to say that CS is no more compatible with the site than GR. In contrast to the process back in 2011, the Association has not been contacted by the agent requesting the zoning. Details of the plan are not known. As you develop a staff recommendation for this case, I hope you will consider the past work that was done to evolve this parcel from LO to the current LR zoning. Given the massive density this area holds, and the fragile sliver of a historic residential area that remains, the dangerous nature of the intersection, and our neighborhood's history of supporting appropriate development, that you will support to maintain the current LR zoning on the site, with the CO's that were negotiated. Sincerely, Nuria Zaragoza Sent from Outlook 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. 36 of 44B-4 37 of 44B-4 38 of 44B-4From: To: Subject: Date: Nuria Zaragoza Graham, Mark; Lloyd, Brent Growth Concept Map and 1901 North Lamar Tuesday, March 2, 2021 2:19:39 PM *** External Email - Exercise Caution *** I apologize for the disjointed communication. I should have added to my last email the Imagine Austin context. If you look at the Growth Concept Map the intention is clear- to protect the area encompassing 1901 North Lamar Blvd. Most centers on the map are circles or general swaths. However, when the map was drafted, the neighborhood in which 1901 North Lamar lies, was clearly carved out of the larger regional center. The parcel in question, along with the other similar parcels along Lamar, up to 24th street, are intended for lower intensity. There have been significant remodels of those comercial parcels recently, in line with a scale that is compatible with the residential uses near them. 1901 North Lamar would be completely out of context even with the commercial parcels. Thank you again, Nuria Zaragoza Sent from my iPhone CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 39 of 44B-4From: To: Subject: Date: damron Graham, Mark 1901 N. Lamar Blvd. --- C14-2021-0010 Friday, May 21, 2021 12:53:02 PM RE: 1901 N. Lamar Blvd.---Rezoning Request from LR-CO-NP to CS-CO-NP Case Number: C14-2021-0010 *** External Email - Exercise Caution *** Dear Planning Commission Members: Caswell Heights Neighborhood Association would like to object to the proposed rezoning and proposed project for the following reasons: 1. The current zoning has provided businesses that have benefited the surrounding neighborhoods and the downtown area for decades (such as Dreyfus Antiques and Benchmark Bank.) 2. This property currently allows for an 80% imperv ous cover and 50% building cover with LR zoning, which is more compatible w th the neighborhoods. A rezoning to CS would allow an impervious cover allowance of 95%, and a building cover of 95%, and numerous new uses that would be incompatible with the neighborhoods around the site. To quote the City of Austin's Zoning Guide, a zoning of CS "is intended predominately for commercial and industrial activities of a service nature having operating characteristics or traffic service requirements generally incompatible with residential environments." This site would be negatively affected by a CS zoning because of the increased imperv ous cover, increased building cover, increased traffic, incompatible uses, harm to the heritage tree, and cause even more damage to the fragile Shoal Creek watershed 3. The rezoning would allow development that would surely add to the flooding that occurs on Lamar Blvd. In addition, the proposed underground garage will more than likely cause fractures that can lead to future slope failure and flooding since this area is made up of Buda limestone over an unstable Del R o Clay formation. "Reduced Shear Resistance High plasticity clays (e.g. Del R o Formation) have a tendency to weaken overtime due to wetting and drying cycles and become less resistant to slope failures, especially during or following a significant rainfall. As moisture increases, the clay has a tendency to swell or take on water. Contrary, during periods of hot and dry weather the clay tends to shrink, forming cracks or joints w th the clay mass. When present, cracks or joints provide a condu ts for water to be more readily adsorbed into the clay fabric during rainfall events. A reduced shear strength of the Del Rio clay is quite possibly the main contributing factor in the recent slope failure event." (HDR - Engineering, Inc.) Referring to slope failure in Austin. Please note, a portion of this property is directly in the flood plan. We experienced floods in 2015, 2016, 2018, and 2019 on large sections of Lamar. The pictures below look more like rivers than N. Lamar Blvd. Please not ce that one of the pictures is next to the site being considered for rezoning. The picture is directly across from the intersect on of MLK, Jr. and N. Lamar Blvd. The city has already spent millions to study and repair flooding and slope damage along N. Lamar Blvd., and t would be cons dered negligent to allow zoning changes that would further contribute to property damage and increased flooding. 40 of 44B-4PROPERTY ACROSS THE STREET from 1901 N. Lamar Blvd. (On the same side of Lamar at the intersection of MLK, Jr. and N. Lamar Blvd) House Park/15th Street/Lamar Blvd. 41 of 44B-41112 N. Lamar Blvd. 1112 N. Lamar Blvd. 42 of 44B-4909 N. Lamar Blvd. 4. There is a magnificent heritage Live Oak tree on the edge of this property that is approximately 300 years old. Any underground activ ty OR increase in imperv ous cover will most likely damage the roots and cause danger to the tree. We have fewer and fewer of these her tage trees around Austin, and the protect on of this tree is important to the neighborhood and to the city. 43 of 44B-4We always work with the City of Austin for smart, benef cial growth as we expand in and around the neighborhoods, but we cannot agree to the rezoning OR the proposed project since we believe it would cause damage to the watershed, Shoal Creek Park, the her tage tree, and to the surrounding neighborhoods. Given the aforementioned considerations, it's abundantly clear why three neighborhood associat ons have worked to protect this site for over a decade. There is presently a cond tional overlay, and three private restr ctive covenants regarding this property. We request that you help us protect this property for years to come by keeping the zoning LR-CO-NP and conditional overlay in place. Thank you for your considerat on. Tressie Damron, President Caswell Heights Neighborhood Association 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 44 of 44B-4