B-07 (C14-2021-0009 - 1725 Toomey Rd; District 5).pdf — original pdf
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C14-2021-0009 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0009 – 1725 Toomey DISTRICT: 5 ZONING FROM: CS TO: MF-6 ADDRESS: 1725 Toomey Road SITE AREA: 0.90 Acres PROPERTY OWNER: 1725 Toomey LLC AGENT: Drenner Group (Amanda Swor) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends multifamily residence highest density (MF-6) district zoning. For a summary of the basis of staff’s recommendation, see page 2 and 3. SMALL AREA PLANNING JOINT COMMITTEE June 2, 2021 Forwarded to Planning Commission without a Recommendation. PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021 Scheduled for Planning Commission July 27, 2021 Approved neighborhood’s request to postpone to August 24, 2021 on the consent agenda. Vote: 10-0. [Commissioner Schneider - 1st, Commissioner Azhar - 2nd; Chair Shaw and Commissioners Howard and Thompson were absent]. July 13, 2021 Approved neighborhood’s request to postpone to July 27, 2021 on the consent agenda. Vote: 8-0. [Vice Chair Hempel - 1st, Commissioner Flores - 2nd; Commissioners Azhar, Howard, Rosa Praxis, Llanes Pulido and Schneider were absent]. CITY COUNCIL ACTION: August 26, 2021 Scheduled for City Council July 29, 2021 Approved staff’s request to postpone to August 26, 2021 on the consent agenda. Vote: 11-0. 1 of 47B-7 C14-2021-0009 2 ORDINANCE NUMBER: ISSUES Staff has received comments in opposition and in favor of this rezoning request. For all written or emailed comments, please see Exhibit C: Correspondence Received. Separate from and prior to this rezoning case being submitted, a tree permit (2020-127211 TP) was filed and approved to remove a heritage tree at this property. The following is a summary of the application timeline from the Community Tree Preservation Division: The application was received on September 4, 2020 and included detailed photographs and a narrative report from a private Certified Arborist. These materials demonstrated the damage to the structure that was caused by the tree. The application also cited internal decay as a cause for concern and was statutorily disapproved pending documentation that supported that claim. On November 16, 2020 a tomography report from Tree Associates, LLC and completed International Society of Arboriculture tree risk assessment form were submitted to the City for further review. It was determined that the damage that was being caused to the structure (the roof of the apartment complex had been physically deformed by the upper stem of the tree), combined with the evidence of the presence of less-sound wood in the lower stem and extreme proximity to high-value targets provided sufficient justification for removal of this tree. The Tree Permit was issued on November 20, 2020. CASE MANAGER COMMENTS: This property is located at the southeast corner of Sterzing Street and Toomey Road and is approximately 0.9 acres. It is currently zoned CS and developed with an existing multifamily building. Adjacent zoning to the east and south is CS, across Sterzing Street to the west are CS, CS-CO and LO zoned tracts and to the north across Toomey Road is a P zoned tract. This property is located within the South Lamar Combined Neighborhood Planning Area (Zilker Neighborhood) which does not have an adopted Future Land Use Map (FLUM). Please see Exhibit A: Zoning and Exhibit B: Aerial Map. Per the applicant’s application, they are requesting to rezone from CS to MF-6 to allow for a residential development with up to 215 units. Due to the number of proposed residential units, staff provided AISD the Educational Impact Statement (EIS) forms submitted in the application. Their response is included in Exhibit D: EIS from AISD. 2 of 47B-7 C14-2021-0009 3 BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The City’s current Land Development Code (LDC) defines the base zoning district for MF-6 as: “…the designation for multifamily and group residential use. An MF-6 district designation may be applied to a use in a centrally located area near supporting transportation and commercial facilities, an area adjacent to the central business district or a major institutional or employment center, or an area for which the high density multifamily use is desired.” This property is located 320 feet from Barton Springs Road and 0.30 miles from S. Lamar Boulevard. Both streets are identified as Level 3 streets in the Austin Strategic Mobility Plan and have CapMetro bus routes running along them, one of which is a high-frequency route and is proposed to be enhanced through ProjectConnect’s initial investments service map. S. Lamar Boulevard is also identified as a Core Transit Corridor in the LDC and an Activity Corridor within the Imagine Austin Comprehensive Plan. Additionally, this property is adjacent to Butler Shores Metro Park and is within a quarter mile of Zilker Park, the Butler Hike and Bike Trail and the Pfluger Pedestrian Bridge. Rezoning this property to MF-6 would be consistent with the purpose statement of the zoning district, and provide increased residential opportunities near significant public spaces and within walking distance of existing and planned transit corridors. EXISTING ZONING AND LAND USES: Zoning Land Uses Site North South East West CS P CS CS Multi-family residential Parkland Restaurant (general) Multi-family residential LO and CS-CO Professional office and Multi-family residential NEIGHBORHOOD PLANNING AREA: South Lamar Combined NP area - Zilker (suspended) TIA: A TIA shall be required at the time of site plan if triggered per LDC 25-6-113. WATERSHED: Lady Bird Lake Watershed OVERLAYS: Residential Design Standards, Waterfront Setbacks Overlay, Waterfront Overlay (Butler Shores) 3 of 47B-7 C14-2021-0009 4 SCHOOLS: Zilker Elementary, O. Henry Middle and Austin High Schools NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Friends of Austin Neighborhoods Friends of Zilker Homeless Neighborhood Association Neighborhood Empowerment Foundation AREA CASE HISTORIES: Perry Grid 614 Preservation Austin SELTexas Sierra Club, Austin Regional Group South Central Coalition TNR BCP - Travis County Natural Resources Zilker Neighborhood Association Number Request Commission City Council C14-07-0018 Barton Place From CS to MF-6 1600 Barton Springs Rd Approved staff’s recommendation of MF-6-CO; CO was to limit height to 75 feet. Approved MF-6-CO as Commission recommended (2/28/08). C14-05-0189 1900 Barton Springs Rd From CS-CO & LO- CO to CS-CO, as amended The height limit for this property was an agreement between the applicant and the neighborhood, staff supported the agreement between the two parties. Approved staff’s recommendation of CS-CO; CO was to limit the max. daily vehicle trips per day to less than 650. Approved CS-CO; CO was to prohibit a set of land uses, restrict non- residential uses to a max. of 10,000 SF, and to limit the max. daily vehicle trips per day to less than 650 (3/1/07). 4 of 47B-7 C14-2021-0009 5 Number Request Commission City Council C14-05-0186 404 Sterzing Street From CS to CS-CO, as amended Approved staff’s recommendation of CS-CO; CO was to limit the max. daily vehicle trips per day to less than 650. Approved CS-CO; CO was to prohibit a set of land uses, restrict non- residential uses to a max. of 10,000 SF, and to limit the max. daily vehicle trips per day to less than 650 (3/1/07). RELATED CASES: There are no related cases to this rezoning case. EXISTING STREET CHARACTERISTICS: Street ROW Pavement Classification Sidewalks Bike Route Capital Metro (within ¼ mile) Sterzing Street 52’ 30’ Level 1 Toomey Road 52’ 30’ Level 1 No No N/A N/A Yes Yes OTHER STAFF COMMENTS: Comprehensive Planning The property is approximately 0.90 acres in size and located at the southeast corner of Toomey Road and Sterzing Street intersection. The current use is a small 40-unit multifamily apartment building. The site is located 0.30 miles from the South Lamar Activity Corridor and is not in area with an adopted neighborhood plan. Surrounding land uses includes Butler Shores Park, sports fields, the Butler Hike and Bike Trail and Downtown Austin to the north; the south are a variety of commercial uses; to the west is a condominium building; and to the east is an apartment complex. The proposal is to remove the existing 40-unit complex and construct up to a 215-unit multistory apartment building. Connectivity Public sidewalks are located along both sides of South Lamar Boulevard and Barton Springs Road and partially along Toomey Road. Sterzing Street has an incomplete public sidewalk system. A CapMetro transit stop is located 650 feet from the subject area. Several bus lines run on South Lamar Boulevard including the 803 Rapid Bus. The Butler Hike and Bike Trail and the 5 of 47B-7 C14-2021-0009 6 Pfluger Pedestrian Bridge are located within a quarter of a mile from this site. The mobility options in this area are above average. Imagine Austin The Imagine Austin Comprehensive Plan identifies this section of S. Lamar Boulevard as an Activity Corridor and is just south of the Downtown Regional Center. It is also located along a designated High Capacity Transit Corridor. Activity Corridors are the connections that link activity centers and other key destinations to one another and allow people to travel throughout the city and region by bicycle, transit, or automobile. These Corridors are characterized by a variety of activities and types of buildings located along the roadway - shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices. 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 P4. Protect neighborhood character by directing growth to areas of change that includes designated redevelopment areas, corridors and infill sites. Recognize that different neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities. • LUT P7. Encourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities. Based upon nearby multifamily uses; the above average connectivity and mobility options in the area, and the site being located near an Activity Corridor, which supports dense, connected and pedestrian oriented development, this proposed project supports the policies of the Imagine Austin Comprehensive Plan. 6 of 47B-7 C14-2021-0009 7 7 of 47B-7 C14-2021-0009 8 Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone but is within the 1,500- foot Edwards Aquifer Recharge Verification Zone. The site is located in the Lady Bird Lake 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 no floodplain within or adjacent to the project location. 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 square feet cumulative is exceeded, and on-site control for the two-year storm. 7. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire Review The following chart identifies locations within 1,000 feet of the subject parcel with Austin Fire Department (AFD) Aboveground Hazardous Material permits. These locations present minimal risk of an off-site consequence to the parcel being reviewed. ADDRESS PROPERTY NAME HMP PERMIT PRIMARY HAZMAT 1501 Toomey Rd. COA Transportation Type C Department 1902 Barton Springs Rd. 1728 Barton Springs Rd. 1608 Barton Springs Rd. Verizon-Sterzing Type C Chuy’s Type B Ski Shores Cafe Type B 15 pounds of solid with NFPA 704 health rating of “4.” 50 gallons of corrosive battery electrolyte in gel suspension 356 lbs. of liquefied compressed carbon dioxide gas; 3,123 Ft.³ of liquefied petroleum gas 3,670 Ft.³ of liquefied petroleum gas 8 of 47B-7 C14-2021-0009 9 ADDRESS PROPERTY NAME HMP PERMIT PRIMARY HAZMAT 1600 Barton Springs Rd Barton Place Condominiums Type B 400 gallons #2 diesel – emergency power generator PARD Review PR1: Parkland dedication will be required for the new residential units proposed by this development, multifamily with MF-6 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. 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. This site is within the Butler Shores Waterfront Overlay and the Waterfront Setback Overlay. Additional development standards and use requirements will apply. Site Plan Transportation Transportation Assessment Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A Traffic Impact Analysis shall be required at the time of site plan if triggered per LDC 25-6-113. 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. 9 of 47B-7 C14-2021-0009 10 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. 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 Exhibit C: Correspondence Received Exhibit D: EIS from AISD 10 of 47B-7 P P TO O M E Y R D 1 B LO 2 CS-V-CO CS-CO 9 0 0 1-0 2 0 4-2 1 C A H22 1 3B A CS G ST RZIN E ST 2 CS 1A 2A 1 2 1B B A R T O N S P R I N G S R D 1 CS 2 ± 1'' = 100' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 1725 Toomey Rd. Rezoning ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0009 1725 Toomey Road 0.90 ACRES H22 KATE CLARK This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 11 of 47B-7 P LO 2 CS-V-CO CS-CO 9 0 0 1-0 2 0 4-2 1 C A H22 1 3B A CS G ST RZIN E ST 2 CS 1A 2A P TO O M E Y R D 1 B 1B B A R T O N S P R I N G S R D 1 2 Copyright nearmap 2015 SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! ! PENDING CASE CREEK BUFFER 1725 Toomey Rd. Rezoning ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0009 1725 Toomey Road 0.90 ACRES H22 KATE CLARK This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1 CS 2 ± 1'' = 100' 12 of 47B-7 Clark, Kate From: Sent: To: Cc: Subject: Ms. Clark, Ronnie Brooks Wednesday, January 6, 2021 2:03 PM Clark, Kate KURT SIMONS; Diana Wallace; Ken Wallace; a WORK a WORK xx; ANN VANDERBURG; Christian Brooks 1725 Toomey Rezoning Case - Mobile Manor, LLC and 1717, Ltd. as Interested Parties *** External Email - Exercise Caution *** Please register Mobile Manor, LLC and 1717, Ltd. as interested parties to the Rezoning Case at 1725 Toomey Road, 2020‐193072 ZC. Our concerns include traffic, compatibility with the neighborhood, height, parking, and more. Mobile Manor, LLC is the property owner of record next door at 1717 Toomey Road. 1717, Ltd. is the lessee of the ground lease next door at 1717 Toomey Road. Respective addresses for notice are: Mobile Manor, LLC 1717, Ltd. Att: Diana Wallace Att: Kurt Simons 2603 Rollingwood Drive 4201 Bee Cave Road, Ste A‐204 Austin, TX 78746 Austin, TX 78746 Thank you, Ronnie Brooks Partner, 1717, Ltd. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 13 of 47B-7 Clark, Kate From: Sent: To: Subject: Hi Kate, Catherine Cooke Friday, February 26, 2021 2:16 PM Clark, Kate 1725 Toomey Concerns *** External Email - Exercise Caution *** Thanks for speaking with me earlier on the phone. I wanted to formally state how deeply opposed I am to the zoning changes allowing yet another huge high rise to be built on Toomey. As I’m sure you know, Toomey is a very small street that already has FOUR huge high rises on the block. There are thousands of people that live in this small small area, already overcrowded with cars that pollute, directly next to Austin’s beloved Barton Creek and Zilker Park. Each of these high rises has occupancies- MANY occupancies. We are not in dire need of more housing. And we definitely aren’t in need of more expensive housing. In fact, there are even more high rises being built just blocks away that will provide expensive housing for thousands more people. We do not need more expensive, overpriced housing. What exists currently at 1725 Toomey is what makes Austin special yet is becoming exceedingly rare. Our complex is holding onto what has been so great about Austin: we are friends, look out for each other, and invest in the community. We are mixed ages that actually still mingle and have some people who have lived here for decades. Their lives are rooted here, not recent tech transplants. We have beloved elderly teachers who have been forced to recently retire due to COVID concerns, people working in immigrant and refugee resettlement nonprofits, and just genuinely good people who can’t afford the crazy rents of the high rises that continue to go up all around us. We cannot forget to take care of our residents who make average wages just for the sake of profit, greed, and the incoming tech transplants. I lived in San Francisco for 6 years and can certainly tell you how that doesn’t end well! Please don’t allow the destruction of what keeps Austin so special. You may use any of my comments, name, and contact info publicly. My phone number is 713-598-1112. Thank you, Cat Cooke Resident of 1725 Toomey CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 14 of 47B-7 Clark, Kate From: Sent: To: Subject: Hello Kate, Katherine Culotta Saturday, February 27, 2021 12:13 AM Clark, Kate Concerns about role-zoning of 1725 Toomey Rd *** External Email - Exercise Caution *** My name is Katie Culotta and I’ve lived at 1725 Toomey Rd for almost 6 years. I heard of a possible re‐zoning to demolish our current building and replacing it with a high rise. I would humbly ask that you reconsider. Toomey Rd has changed a lot since I moved it and it’s mostly been new complexes like Coldwater, Zilker on the Park, Barton Place, and Cole. At some point, there will be no original buildings that created such a weird & special city. There are high rises popping up left and right in 78704 and it’s extremely sad to watch our city disappear into a sea of glass and metal. Please let me know if anything can be done to protect the place I’ve called home for so many years. We have residents that have lived in this building for decades. Not to mention the mature pecan trees that have been ripped out thus far in an effort to make the property more attractive to builders. I’m happy to chat with you further and thank you for your consideration! Warmly, Katie CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 15 of 47B-7 Clark, Kate From: Sent: To: Subject: Dear Kate: Becky Taylor Tuesday, March 16, 2021 9:48 PM Clark, Kate 1725 Toomey rezoning case- opposition *** External Email ‐ Exercise Caution *** Please register BartonPlace Condominiums as an interested party to t he rezoning case at1725 Toomey Road, 2020‐ 193072 ZC. Our concerns include traffic, compatibility with the neighborhood, parking, noise, pedestrian/pet safety, and more. Thank you for your time. Kind regards, Rebecca Taylor “Fellowship is the purpose behind our creation” ‐ Marcus Aurelius CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 16 of 47B-7 LETTER OF OPPOSITION Re: Letter of Opposition to Rezoning Case C14-2021-0009 for the Property at 1725 Toomey Rd. Dear City Staff, Commissioners, Mayor, and City Council Members: The HOA Board of Directors for the Barton Place Condominiums oppose the proposed MF-6 zoning of the property since it would allow for a level of density that is inappropriate for the surrounding area. Barton Place Condominiums, comprised of 270 condominiums at an aggregate valuation of at least $150 Million, is located just over 500 feet from the subject property, and will be directly, materially, and negatively impacted by this change if approved. Approval would exacerbate traffic issues for our residents and other nearby residents, visitors, and businesses, and public buildings, including the new Dougherty Arts Center, which is planned to be constructed on Toomey Road across the street from the subject property. The increased traffic would also impact future residents, visitors, and employees at the nearby Taco PUD and Schlotzsky’s PUD developments, which per the Austin Transportation Department will generate a combined 5,000 new average daily vehicle trips, and so there will not be roadway capacity remaining after they are constructed. The proposed zoning would also allow for a level of density that will worsen the traffic congestion and vehicle queue issues for people trying to access our City’s beloved ZACH Theater, Butler Fields, Umlauf Sculpture Garden, Barton Springs Pool and Greenbelt, and Zilker Park. For the above reasons, we oppose rezoning the property to MF-6. Our strong preference is that any structure be restricted to no more than 60', which is the maximum height allowed for most properties in the surrounding area, and is taller than existing nearby structures. Thank you for your consideration. Sincerely, Becky Taylor, Chair Future Development Committee, HOA Board of Directors The Barton Place Condominiums 17 of 47B-7 Clark, Kate From: Sent: To: Subject: Jay Roth Monday, April 26, 2021 10:27 AM Clark, Kate 1725 Toomey Rd *** External Email ‐ Exercise Caution *** I recieved information that the owners of 1725 Toomey Rd (78704) are looking to demolish the building and replace it with a 200 unit tower. I believe they are in the process of requesting a variance. As a longtime resident of the area, I have multiple and very severe concerns about this being allowed to go through. Jay CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 18 of 47B-7 Zilker Neighborhood Association Re: Opposition to 1725 Toomey rezoning in Waterfront Overlay (C14-2021-0009) May 27, 2021 The Zilker Neighborhood Association strongly opposes the proposed rezoning of the property at 1725 Toomey Road from CS to a zoning category that would allow for a building up to 90 feet in height, since the rezoning would conflict with the environmentally sensitive area, exacerbate existing traffic issues, and create new problems. Below is a "before and after" photo approximation of how an MF-6 zoned building would appear if it were built to the limits of the entitlements, which would likely happen in order to accommodate 215 units. The view in the photo is looking southeast across Barton Creek from the Butler Hike and Bike Trail at Lou Neff Point. The horizontal white line across the building's face is the current zoning height of 60 feet. Building in excess of current height limits, which are 60 feet tall, would be out of scale with the surrounding neighborhood and would be incompatible with the purpose of the Waterfront Overlay, since it would not promote the harmonious interaction and transition between urban development and the park land and shoreline of Lady Bird Lake (as is required by the City Code). It would block sunlight and views, impair access, and accelerate efforts to create a canyon-like effect of tall buildings in close proximity to–and especially on the east shoreline of-- Barton Creek. A building greater than 60 feet in height would also be especially inappropriate for this particular property because: 1. The property is not just on the edge of the Waterfront Overlay. Rather, the overlay extends south of the property across Barton Springs Road. 2. There is an Overlay Setback running through the front of the property. 3. The property is only approximately 325' from Barton Creek. 19 of 47B-7 4. Increased zoning entitlements at the intersection of Toomey Road and Sterzing Road would exacerbate congestion on Barton Springs Road very near the intersection of Azie Morton Road, and also exacerbate congestion at Toomey Road and South Lamar, which is very near the entrances of the proposed Dougherty Arts Center parking garage and the area-wide parking garage of the Schlotzsky's PUD project at 218 S Lamar. A building taller than 60 feet is also incompatible with the proposed new Dougherty Arts Center, which is planned to be constructed on the other side of Toomey Road. The center will serve as a valuable cultural resource, and it should be protected against the type of construction that would be allowed under the proposed 90 feet zoning. Toomey and Sterzing are very small streets that provide the only access to Butler Shores Park. Toomey is, in essence, a "park road," providing essential park access while providing safe pedestrian and bike travel, away from Barton Springs Road and Lamar. Toomey traffic and parking is already problematic. The city should not be making land use decisions that increase auto traffic on Toomey and Sterzing. Sincerely, David Piper Secretary, Zilker Neighborhood Association 20 of 47B-7 Clark, Kate From: Sent: To: Subject: 1725 toomey Carey Rouse Wednesday, June 16, 2021 1:24 PM Clark, Kate C14-2021-0009 *** External Email - Exercise Caution *** I am the President of the HOA board for a condo complex within 500 ft of the existing property. I fully support the request for rezoning because the current building is a complete eyesore. As a president of the HOA it is important for me that our property values continue to rise and that will be the case if we can get a newer taller building to replace the one that's there now. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 21 of 47B-7 ARNOLD AND ASSOCIATES ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 406 STERZING STREET, SUITE 300 AUSTIN, TEXAS 78704-1027 ———— (512) 472-8000 Fax: (512) 474-7121 July 6, 2021 PATRICE ARNOLD email: Planning Commission City of Austin Re: 1725 Toomey Road, Application for Rezoning to MF-6 Case Number C14-2021-0009 Dear Commissioners, I own the 3-story office building at 406 Sterzing Street, located directly across the street from the subject property (the below photo of our building was taken from the curb along 1725 Toomey). Our family has owned and occupied 406 Sterzing for over 30 years. ten stories. In my opinion, a building this tall would be incompatible with the surroundings. I oppose the proposed zoning change that would increase the allowable building height to The allowed height should be no greater than that of the existing structures on Toomey Road and Sterzing Street. Such a height will allow the owner of 1725 Toomey reasonable use of the land, without overburdening or adversely affecting neighboring properties or creating an undesirable precedent. Toomey and Sterzing are narrow interior streets, virtually abutting a public park. They can barely accommodate existing traffic, and are unsuitable to the extra vehicle load that such a dense development would create. I would not object to a building of this height on a wider street such as South Lamar Boulevard, but it is inappropriate for streets with the modest width of Toomey and Sterzing. Sincerely, PATRICE ARNOLD 22 of 47B-7 Clark, Kate From: Sent: To: Subject: Hello Kate, James Kracht Friday, July 9, 2021 9:00 AM Clark, Kate Comments On Case #C14-2021-0009 *** External Email - Exercise Caution *** I'm a resident at 1725 Toomey Road. As you know it is currently up to be rezoned to an MF‐6 lot. I would like to submit my objection to this measure. A few comments I'd like to leave on my objection: Disregarding the history of this building that has stood since the 1960's; this apartment complex is one of the only affordable buildings along Barton Springs road. The price points of whatever planned development will happen after rezoning certainly haven't been released yet; but it will be safe to assume someone making the median income of this city won't be able to afford it. This is my most unemotional objection to the measure. That destroying the economic diversity of this neighborhood is not just morally wrong but statistically not great for the neighborhood as a social ecosystem. I'm not inherently against changing the capacity of inhabitants on this lot. Austin faces a housing shortage, especially after the pandemic. But it's an affordable housing shortage. Building more tall "radiant garden cities" as Jane Jacobs would call them‐ facing inward and barring the street entry‐ will only serve to ruin this neighborhood. Zilker and Barton Springs belong to Austin and it's people. Not just it's rich people, and certainly not just tourists. An economically diverse neighborhood is a safer neighborhood afterall. I would like to put forward that if the city decides to change the zoning of this lot, that it also passes with it a stipulation. That whatever development be spawned here (once we destroy a beautiful testament to what this neighborhood looked like in Austin's "Good ol' days") be forced into a contract demanding a large percentage of it's units be affordable housing. Or perhaps even a cap on the rent allowed to be charged if I were to lean further left. Please don't let Zilker‐ and for that matter central south Austin‐ be walled off to the vast majority of people who live in this city. And please don't let Barton Springs road become like South Congress, a desert of a tourist trap. Thanks for your time and consideration, James James T. Kracht Video Editor 512.786.3069 | Mobile Jameskracht.com CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 23 of 47B-7 24 of 47B-7 Clark, Kate From: Sent: To: Subject: J Petru Monday, July 12, 2021 6:59 AM Clark, Kate 1725 Toomey Road, Case Number: C14-2021-0009 *** External Email - Exercise Caution *** Hi Kate. I'm not sure exactly whom to send my input to, but I received your contact information in the mail. May I ask that you share this email with the rest of the Planning Commission? (I'm sure they have lots of input from the community already). My name is Jeff Petru. I'm a current property resident at Zilkr on the Park (next the 1725 Toomey Rd). I hope the Commission fully rejects the proposed changes requested by the developers of 1725 Toomey. Obviously the rules are in place to maintain the integrity of the neighborhood. The slippery slope of moving from a mid-rise community to a high-rise (high-density) community comes in small changes/exceptions to the rules. The vibrant, openness of the Zilkr neighborhood is under threat. Please ensure the existing rules ares respected. We can keep the Zilkr neighborhood spirit intact with the Commission's support. Thank you in advance of tomorrow meeting. -Jeff CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 25 of 47B-7 26 of 47B-7 Clark, Kate From: Sent: To: Subject: Hello, Andie Haddad Monday, July 12, 2021 2:42 PM Clark, Kate Rezoning Request of 1725 Toomey Road *** External Email - Exercise Caution *** I was notified of a request for rezoning of 1725 Toomey Road. I am against the re‐zoning of this property. It is my understanding that this re‐zoning will lead to new construction. Among other concerns, this brings noise pollution to a tranquil area. Toomey is a narrow street that already houses multiple high rise buildings. An additional high rise building would overwhelm our small street with additional traffic and add further pollution to the nearby parks and trails. This area is not in need of overprice generic corporate housing. We need to keep the historic apartments that currently reside on this land as they are. This rezoning reeks of greed and is the antithesis of what I know Austin to be. The apartments on the land in question should be left alone. They provide an option to regular families who want to lease in this area; families who make Austin a wonderful community. New construction will only price median income families out of this area. There are plenty of apartments and condos in this area for the overpaid and overinflated tech transplants, the Barton Springs apartments add character and flexibility. We cannot bend to those that would seek to tear down our history. The street of Toomey is also much narrower than other streets that would be better suited to large high‐rise apartments. The larger building would be a blight on this street and would overcrowd the narrow street with too much traffic. My comments are available to be published as it relates to this issue. I am against this re‐zoning. Thank you, Andie CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 27 of 47B-7 Clark, Kate From: Sent: To: Subject: Hi Kate, Amanda Autry Monday, July 12, 2021 3:12 PM Clark, Kate C14-2021-0009 *** External Email - Exercise Caution *** This is the contact email that I was given about 1725 Toomey rd. We just purchased a condo in this community this year. The reason that we purchased THIS home was because of the morning sun and our city view. Building a higher building would eliminate both for me causing actual damage to the value of our home but most importantly the quality of my life. I sit on my porch every morning and watch the sun rise and in the evenings we sit out and look at our city view. An exemption to build a larger building would negatively impact our investment. This is my favorite thing about our home. We aren't retired folks with an indispensable amount of money to just up and move to a new place. We methodically chose this place, spent our life savings on a down payment and I am inclined to do what I need to do to protect that. If you have any questions for me please let me know. Thanks. ‐‐ Amanda Autry Empowerment Experience Facilitator Retreats|Meditation|Coaching P. 410‐841‐9370 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 28 of 47B-7 Clark, Kate From: Sent: To: Subject: dfdubois Monday, July 12, 2021 4:08 PM Clark, Kate 1725 Toomey Road Exemption *** External Email - Exercise Caution *** Hello Kate, My understanding is that the developers at 1725 Toomey are seeking an exemption for a larger, high density development. Sending this note to voice my objection to this. The rules related to this were put in place to help maintain the spirit of the neighborhood. The shift to a high density neighborhood would not be beneficial to the neighborhood or to Austin as a whole. Thanks, Doug DuBois 1900 Barton Springs Road Austin, TX 78704 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 29 of 47B-7 casey jones Monday, July 12, 2021 12:01 PM Clark, Kate Case Number C14-2021-0009 *** External Email - Exercise Caution *** My name is Casey Jones, I live in the 1900 Barton Springs road building and was wondering if you had some time to talk through the proposed building at 1725 Toomey? I had some questions about this process, reasons to vote no or yes on a site like this. It stands to eliminate some/all of the city view I have so I’m wondering how to go about voicing that concern and learning what type of impact one view actually would have. Let me know your thoughts and if you’ve got some time to chat. Clark, Kate From: Sent: To: Subject: Hi Kate Thanks, Casey ‐‐ Casey Jones 443.839.6507 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 30 of 47B-7 Clark, Kate From: Sent: To: Subject: Dear Ms. Clark, Dale Fuller Monday, July 12, 2021 5:48 PM Clark, Kate Case C14-2021-0009 related to 1725 Toomey Road *** External Email - Exercise Caution *** I am an owner of unit #3045 located at 1900 Barton Springs Road, Austin, Texas. The building is known as Zilkr on The Park. My unit faces the building located at 1725 Toomey Road. It is my understanding a potential developer of 1725 Toomey Road is requesting a zoning variance to exceed the current five floor zoning code. I am opposed to this variance request as the code was developed for a reason, which should not be disregarded at this point. The Zilkr neighborhood is just that, a neighborhood- not a concrete jungle as you have in downtown Austin. Additional building height would block views, and subsequent additional residential units would increase traffic in an already congested area. Parking on Sterzing Road and Toomey road is already at capacity, and this variance would increase the number of vehicles looking for parking. Respectfully, Dale W. Fuller ‐‐ Dale W. Fuller 3845‐5 Lander Road Chagrin Falls, Ohio 44022‐1361 216.789.9821 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 31 of 47B-7 Clark, Kate From: Sent: To: Subject: Laura Monday, July 12, 2021 7:34 PM Clark, Kate High rise on toomey *** External Email ‐ Exercise Caution *** The reason for hi rise is to bring more people in meeting more congestion. The area is congested enough the beauty will be destroyed if you allow this. 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. 1 32 of 47B-7 Clark, Kate From: Sent: To: Subject: Julie Johnson Monday, July 12, 2021 6:26 PM Clark, Kate C14-2021-0009 *** External Email - Exercise Caution *** Hello Ms. Clark, I am writing about the proposed high density complex at 1725 Toomey Rd. My husband and I own a condo at 1900 Barton Springs Rd. directly across Sterzing from the proposed complex. This area is already extremely hard to navigate with all the scooters, bikes, pedestrians, and cars. Adding a large increase of vehicles to that area will make it excessively dangerous. Also, the height restrictions on the buildings are in effect to keep with the feel of the neighborhood. The Planning and Zoning Commission has already allowed a complex to be in excess of the height restrictions on South Lamar. We believe this is the reason we are being bombarded with zoning request changes. Once the floodgates are opened there is no stopping the flow. We are against this proposal. Thank you for your consideration. Sincerely, Julie and Bill Johnson 1900 Barton Springs Rd. #4030 Austin, TX 78704 512‐589‐6682 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 33 of 47B-7 Clark, Kate From: Sent: To: Subject: Hello Kate, Suzanne DuBois Tuesday, July 13, 2021 9:55 AM Clark, Kate Regarding 1725 Toomey Development Request *** External Email - Exercise Caution *** It has come to my attention that the developers at 1725 Toomey are seeking an exemption for a large, high density development. I am sending this note to voice my objection. The rules related to housing in our neighborhood were put in place to help maintain a certain “spirit” for the neighborhood. A high density development would not be beneficial to the neighborhood or to Austin as a whole. Sincerely, Suzanne DuBois 1900 Barton Springs Road Austin, TX 78704 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 34 of 47B-7 35 of 47B-7 Neil Syme Tuesday, July 13, 2021 8:45 PM Clark, Kate Rezoning Toomey street *** External Email ‐ Exercise Caution *** Clark, Kate From: Sent: To: Subject: Hello Thanks Neil. We’re worried about the new rezoning that is being proposed 1725 toomey street. The heart and soul of this community is about the local and family feel to the area and I believe a very high rise and high occupancy building would seriously dilute this. Barton springs area is an Austin unique gem so anything that gets in the way of this should be resisted within reason. Appreciate if this and others that I’ve spoken to that share this view is considered as part of the decision. 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. 1 36 of 47B-7 37 of 47B-7 Clark, Kate From: Sent: To: Subject: MARY ROWLAND Thursday, July 15, 2021 6:05 PM Clark, Kate C14-2021-0009 *** External Email ‐ Exercise Caution *** Hello! Ms. Clark, This is not a high rise neighborhood and I live at Zilk on the Park and along with my neighbors we love the view of the Austin city skyline from our homes. When we purchased a place to call home we didn’t expect to have a high rise in front of us! Please inform. Thank you, Mary Rowland 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. 1 38 of 47B-7 Clark, Kate From: Sent: To: Subject: Attachments: David Piper Tuesday, July 20, 2021 11:17 AM Clark, Kate 1725 Toomey--Further backup material Loopnet- 1725 Toomey for sale.pdf *** External Email - Exercise Caution *** Kate, Can you add these "for sale" screen shots of 1725 Toomey Rd into the backup material? Thank you for your time. Dave CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 1 39 of 47B-7 7-11-21 7-13-21 40 of 47B-7 7-13-21 41 of 47B-7 42 of 47B-7 43 of 47B-7 EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District PROJECT NAME: 1725 Toomey ADDRESS/LOCATION: 1725 Toomey Road CASE #: C14-2021-0009 NEW SINGLE FAMILY NEW MULTIFAMILY DEMOLITION OF MULTIFAMILY TAX CREDIT STUDENTS PER UNIT ASSUMPTION Elementary School: STUDENTS PER UNIT ASSUMPTION Elementary School: .01 Middle School: High School: Middle School: .007 High School: .01 # SF UNITS: # MF UNITS: 215 IMPACT ON SCHOOLS The student yield factor of 0.027 (across all grade levels) for apartment homes was used to determine the number of projected students. This factor was provided by the district’s demographer and is based on other market rate multifamily complexes built within the area since 2005. This site has an existing 40-unit complex, which will be demolished. There are no current AISD students that reside at this site. The proposed 500-unit multifamily development is projected to add approximately 6 students across all grade levels to the projected student population. It is estimated that of the 6 students, 2 will be assigned to Zilker Elementary School, 2 to O. Henry Middle School, and 2 to Austin High School. The percent of permanent capacity by enrollment for School Year 2025/26, including the additional students projected with this development, would be within the optimal utilization target range of 85-110% at Zilker ES (97%) and Austin HS (101%), and below the target range at O. Henry MS (68%). The projected additional students at O. Henry would not offset the anticipated decline in student enrollment. All of these schools will be able to accommodate the projected additional student population from the proposed development. TRANSPORTATION IMPACT Students within the proposed development attending O. Henry MS will qualify for transportation. Students attending Zilker ES or Austin HS will not qualify for transportation unless a hazardous route condition is identified. SAFETY IMPACT There are not any identified safety impacts at this time. Date Prepared: 02/11/2021 Executive Director: [1] DocuSign Envelope ID: 0A2A087F-C74E-4A15-85AD-1CCB3802E7C144 of 47B-7 EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District Zilker DATA ANALYSIS WORKSHEET ELEMENTARY SCHOOL: ADDRESS: 1900 Bluebonnet Lane POPULATION (without mobility rate) ELEMENTARY SCHOOL STUDENTS 2020-21 Population Number 390 85% % of Permanent Capacity ENROLLMENT (with mobility rate) ELEMENTARY SCHOOL STUDENTS 2020-21 Enrollment Number % of Permanent Capacity 443 96% MIDDLE SCHOOL: O. Henry ADDRESS: 2610 West 10th St. POPULATION (without mobility rate) MIDDLE SCHOOL STUDENTS 2020-21 Population Number 939 99% % of Permanent Capacity ENROLLMENT (with mobility rate) MIDDLE SCHOOL STUDENTS 2020-21 Enrollment Number % of Permanent Capacity 925 98% PERMANENT CAPACITY: MOBILITY RATE: +13.6% 460 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) PERMANENT CAPACITY: -1.5% MOBILITY RATE: 945 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 388 84% 446 97% 659 70% 638 68% 386 84% 444 97% 657 70% 636 67% [2] DocuSign Envelope ID: 0A2A087F-C74E-4A15-85AD-1CCB3802E7C145 of 47B-7 EDUCATIONAL IMPACT STATEMENT Prepared for the City of Austin Austin Independent School District HIGH SCHOOL: Austin ADDRESS: 1715 W. Cesar Chavez St. POPULATION (without mobility rate) HIGH SCHOOL STUDENTS 2020-21 Population Number 2,110 94% % of Permanent Capacity ENROLLMENT (with mobility rate) HIGH SCHOOL STUDENTS 2020-21 Enrollment Number % of Permanent Capacity 2,353 105% PERMANENT CAPACITY: MOBILITY RATE: +11.5% 2,247 5- Year Projected Population (without proposed development) 5-Year Projected Population (with proposed development) 5- Year Projected Enrollment (without proposed development) 5-Year Projected Enrollment (with proposed development) 2,039 91% 2,271 101% 2,037 91% 2,269 101% [3] DocuSign Envelope ID: 0A2A087F-C74E-4A15-85AD-1CCB3802E7C146 of 47B-7 Note: Should additional backup be submitted after the online publishing of this staff report, it may be found at the following link: http://www.austintexas.gov/cityclerk/boards_commissions/meetings/40_1.htm 47 of 47B-7