B-03 (NPA-2021-0020.01 - Shelby Lane Residences; District 3).pdf — original pdf

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Planning Commission: December 14, 2021 DATE FILED: February 2, 2021 (In-cycle) NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: South Congress Combined (East Congress) CASE#: NPA-2021-0020.01 PROJECT NAME: Shelby Lane Residences PC DATE: December 14, 2021 November 9, 2021 August 24, 2021 July 13, 2021 May 25, 2021 4700 Weidemar Lane ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 8 acres OWNER/APPLICANT: Shelby Lane Development, LLC (Cass Brewer) AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 To: Multifamily Residential From: Commercial Base District Zoning Change Related Zoning Case: C14-2021-0015 From: CS-CO-NP NEIGHBORHOOD PLAN ADOPTION DATE: PLANNING COMMISSION RECOMMENDATION: December 14, 2021 – [action pending] To: MF-6-NP August 18, 2005 1 of 58B-3Planning Commission: December 14, 2021 November 9, 2021- Postponed to December 14, 2021 on the consent agenda at the request of the neighborhood. [C. Hempel – 1st; G. Cox – 2nd] Vote: 9-0 [C. Llanes Pulido abstained. Y. Flores, R. Schneider, and S. R. Praxis absent]. August 24, 2021 – Approved on the consent agenda staff’s request for an indefinite postponement. [C. Hempel – 1st; R. Schneider – 2nd] Vote: 11-0 [Y. Flores and J. Shieh absent]. July 13, 2021 – Postponed to August 24, 2021 on the consent agenda at the request of staff. [C. Hempel – 1st; Y. Flores – 2nd] Vote: 8-0 [A. Azhar, J. Howard, S. Praxis, C. Llanes Pulido and R. Schneider absent]. May 25, 2021 – Postponed to July 13, 2021 on the consent agenda at the request of the applicant. [G. Cox – 1st; C. Hempel -2nd] Vote: 10-0 [J.P. Connolly, Y. Flores, C. Llanes Pulido absent]. STAFF RECOMMENDATION: Staff supports the applicant’s request for Multifamily Residential land use. BASIS FOR STAFF’S RECOMMENDATION: Staff supports the applicant’s request for Multifamily Residential land use because this will provide a buffer between the commercial uses along I.H.-35 and the single-family residential uses to the west of the property. The proposed apartments could provide additional housing choices for people in Austin. 2 2 of 58B-3Planning Commission: December 14, 2021 LAND USE DESCRIPTIONS EXISTING LAND USE ON THE PROPERTY Commercial -Lots or parcels containing retail sales, services, hotel/motels and all recreational services that are predominantly privately owned and operated for profit (for example, theaters and bowling alleys). Included are private institutional uses (convalescent homes and rest homes in which medical or surgical services are not a main function of the institution), but not hospitals. Purpose 1. Encourage employment centers, commercial activities, and other non‐ residential development to locate along major thoroughfares; and 2. Reserve limited areas for intense, auto‐oriented commercial uses that are generally not compatible with residential or mixed use environments. Application major highways; and 1. Focus the highest intensity commercial and industrial activities along freeways and 2. Should be used in areas with good transportation access such as frontage roads and arterial roadways, which are generally not suitable for residential development. PROPOSED LAND USE ON THE PROPERTY 3 3 of 58B-3Planning Commission: December 14, 2021 Multifamily Residential - Higher-density housing with 3 or more units on one lot. 1. Preserve existing multifamily and affordable housing; 2. Maintain and create affordable, safe, and well-managed rental housing; and 3. Make it possible for existing residents, both homeowners and renters, to continue to live in their neighborhoods. 4. Applied to existing or proposed mobile home parks. Purpose Application 1. Existing apartments should be designated as multifamily unless designated as mixed use; 2. Existing multifamily-zoned land should not be recommended for a less intense land use category, unless based on sound planning principles; and 3. Changing other land uses to multifamily should be encouraged on a case-by-case basis. IMAGINE AUSTIN PLANNING PRINCIPLES 1. Create complete neighborhoods across Austin that provide a mix of housing types to suit a variety of household needs and incomes, offer a variety of transportation options, and have easy access to daily needs such as schools, retail, employment, community services, and parks and other recreation options. • The proposed residential development will increase the variety of housing choices in Austin. The property is approximately one mile from South Congress Avenue that has public transportation services and commercial services. 2. Support the development of compact and connected activity centers and corridors that are well-served by public transit and designed to promote walking and bicycling as a way of reducing household expenditures for housing and transportation. • The property is not located directly on an activity corridor or within an activity center but is approximately one mile from South Congress Avenue which is an activity corridor. 3. Protect neighborhood character by ensuring context-sensitive development and directing more intensive development to activity centers and corridors, redevelopment, and infill sites. • The appropriate intensity of the multifamily development will be determined by the zoning staff’s zoning recommendation. 4 4 of 58B-3Planning Commission: December 14, 2021 4. Expand the number and variety of housing choices throughout Austin to meet the financial and lifestyle needs of our diverse population. • The proposed for-sale condos and multifamily apartments will expand the number and variety of housing choices in the planning area and the city. 5. Ensure harmonious transitions between adjacent land uses and development intensities. • The multifamily land use will provide a transition between the commercial land use along I.H.-35 to the east and the residential uses to the west. 6. Protect Austin’s natural resources and environmental systems by limiting land use and transportation development over environmentally sensitive areas and preserve open space and protect the function of the resource. • The property is not located with the Drinking Water Protection Zone, but is located within the Desired Development Zone. 7. Integrate and expand green infrastructure—preserves and parks, community gardens, trails, stream corridors, green streets, greenways, and the trails system—into the urban environment and transportation network. • Not directly applicable. 8. Protect, preserve and promote historically and culturally significant areas. • To the best of staff’s knowledge, there is no historic or cultural significance to the property. 9. Encourage active and healthy lifestyles by promoting walking and biking, healthy food choices, access to affordable healthcare, and to recreational opportunities. 10. Expand the economic base, create job opportunities, and promote education to support a • Not directly applicable. strong and adaptable workforce. • Not applicable. creative art forms. 11. Sustain and grow Austin’s live music, festivals, theater, film, digital media, and new • Not directly applicable, but the proposed residential development could provide patrons to Austin’s various art forums. 12. Provide public facilities and services that reduce greenhouse gas emissions, decrease water and energy usage, increase waste diversion, ensure the health and safety of the public, and support compact, connected, and complete communities. • Not applicable. 5 5 of 58B-3Proximity to Imagine Austin Activity Centers and Corridors Planning Commission: December 14, 2021 6 6 of 58B-3Planning Commission: December 14, 2021 Proximity to Park Facilities 7 7 of 58B-3Planning Commission: December 14, 2021 Proximity to Capital Metro Bus Routes IMAGINE AUSTIN GROWTH CONCEPT MAP Definitions Neighborhood Centers - The smallest and least intense of the three mixed-use centers are neighborhood centers. As with the regional and town centers, neighborhood centers are walkable, bikable, and supported by transit. The greatest density of people and activities in neighborhood centers will likely be concentrated on several blocks or around one or two intersections. However, depending on localized conditions, different neighborhood centers can be very different places. If a neighborhood center is designated on an existing commercial area, such as a shopping center or mall, it could represent redevelopment or the addition of housing. A new neighborhood center may be focused on a dense, mixed-use core surrounded by a mix of housing. In other instances, new or redevelopment may occur incrementally and concentrate people and activities along several blocks or around one or two intersections. Neighborhood centers will be more locally focused than either a regional or a town center. Businesses and services—grocery and department stores, doctors and dentists, shops, branch libraries, dry cleaners, hair salons, schools, restaurants, and other small and local businesses—will generally serve the center and surrounding neighborhoods. 8 8 of 58B-3Planning Commission: December 14, 2021 Town Centers - Although less intense than regional centers, town centers are also where many people will live and work. Town centers will have large and small employers, although fewer than in regional centers. These employers will have regional customer and employee bases, and provide goods and services for the center as well as the surrounding areas. The buildings found in a town center will range in size from one-to three-story houses, duplexes, townhouses, and rowhouses, to low-to midrise apartments, mixed use buildings, and office buildings. These centers will also be important hubs in the transit system. Job Centers - Job centers accommodate those businesses not well-suited for residential or environmentally- sensitive areas. These centers take advantage of existing transportation infrastructure such as arterial roadways, freeways, or the Austin-Bergstrom International airport. Job centers will mostly contain office parks, manufacturing, warehouses, logistics, and other businesses with similar demands and operating characteristics. They should nevertheless become more pedestrian and bicycle friendly, in part by better accommodating services for the people who work in those centers. While many of these centers are currently best served by car, the growth Concept map offers transportation choices such as light rail and bus rapid transit to increase commuter options. Corridors - Activity corridors have a dual nature. They 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. Corridors are also 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. Along many corridors, there will be both large and small redevelopment sites. These redevelopment opportunities may be continuous along stretches of the corridor. There may also be a series of small neighborhood centers, connected by the roadway. Other corridors may have fewer redevelopment opportunities, but already have a mixture of uses, and could provide critical transportation connections. As a corridor evolves, sites that do not redevelop may transition from one use to another, such as a service station becoming a restaurant or a large retail space being divided into several storefronts. To improve mobility along an activity corridor, new and redevelopment should reduce per capita car use and increase walking, bicycling, and transit use. Intensity of land use should correspond to the availability of quality transit, public space, and walkable destinations. Site design should use building arrangement and open space to reduce walking distance to transit and destinations, achieve safety and comfort, and draw people outdoors. BACKGROUND: The plan amendment application was filed on February 2, 2021 which is in-cycle for neighborhood planning areas located on the west side of I.H.-35. The property is located within the South Congress Combined (East Congress) Neighborhood Planning area. The applicant proposes to change the future land use map from Commercial to Multifamily land use. 9 9 of 58B-3Planning Commission: December 14, 2021 The applicant proposes to change the zoning on the property from CS-CO-NP (General Commercial Services district – Conditional Overlay – Neighborhood Plan) to MF-6-NP (Multifamily Highest Density district – Neighborhood Plan) for a multifamily development. For more information on the proposed zoning, please see case report for C14-2021-0015. PUBLIC MEETINGS: The ordinance-required community meeting was held virtually on March 11, 2021. Approximately 151 meeting notices were mailed to people who rent or own property within 500 feet of the property, in addition to neighborhood organizations and environmental groups who requested notification for the area. Two staff members attended the meeting, in addition Alice Glasco, the applicant’s agent and Cass Brewer (property owner), Paul Shepard, Bailey Harrington, and Mark Odom who are also associated with project. Six people from the neighborhood attended the meeting. After staff gave a brief presentation, Alice Glasco gave the following presentation. After her presentation attendees asked a series of questions. Alice Glasco said the subject tract is 8 acres and is currently zoned CS-CO. The CS-CO zoning allows a maximum building height of 60 feet and the conditional overlay was put on the property when the South Congress Combined Neighborhood Plan was created. The CO requires a 30-foot buffer when adjacent to single family. Here are some highlights of Alice Glasco’s presentation are: • The applicant is asking for MF-6 zoning because they need 70 feet building height and CS zoning only allows for 60 feet. • The property will have to comply with the Compatibility Standards, which requires a 25-foot no-build area adjacent to single family use; however South Congress Neighborhood Plan requires a 30-foot no-build set back. • The site plan shows a proposed building with 150 for-sale condominiums and a 400- • unit multifamily building in a six or seven story building. It will be a wrap-around development shown in white on the site plan with the parking garage shown in gray. • MF-6 allows for a building height of 90 feet, but we only need 70 feet. • There will be water quality detention pond on the property. • We will be required to build sidewalks along the boundary of the property, which will be along Weidemar Lane and along Shelby Lane. • A Traffic Impact Analysis will be required at site plan stage. Transportation Staff will tell us what traffic mitigation is required, including potential dedication of right-of-way easement and other multimodal improvements would happen at time of site plan. • The applicant would like to voluntarily participate in the S.M.A.R.T. Housing program. MFI. o We would volunteer 10% of the multifamily units to be affordable at 60% o For the residential units to be sold, 5% of the for-sale units to be offered at 80% MFI and would be affordable for 99 years. 10 10 of 58B-3Planning Commission: December 14, 2021 o Also 5% of the for-sale units will be offered at 100% MFI and be affordable for 99 years. o The multifamily affordable units would remain affordable for 40 years. • The unit mix will be efficiencies, 1-, 2-, and 3-bedroom units, so the development will have family-oriented units for people with children. Q: Are the southern and western ends of Building Two (150 condo unit) going to be stepped to follow the City required setbacks? A: The development will comply with the Compatibility Standards. Q: Are there plans to include a dog park? A: We have room for a dog park, dog run, dog areas, but we haven’t finalized the amenities. Dog parks are an amenity that residents want. This site plan is preliminary, so it’s not shown on this site plan but dog parks are a common amenity, it’s just not shown on this preliminary site plan. Q: Any plans for an outdoor music venue or outdoor amplified music? A: No, it’s not something we have in our developments. Q: I would request a dog park and no amplified music be included in a restrictive covenant. Yes or no? A: We are making a list of these requests, but we are subject to the noise ordinance just like all the residential development. You cannot have noise and under compatibility standard. We cannot exceed 70 decibels at the property line so I don’t know what you would be getting by putting this in a restrictive covenant. Q: You said Shelby Lane and Wiedemar Lane will have sidewalk improvements and mentioned parking along the curbs and sidewalks. Correct? A: If the City allows it. The development will be fully parked on-site, but we will see what the City of Austin allows. There are safety issues with site distance concerning the curve in the road and the width of the road all this will need to be further coordinated with site plan, so any on-street parking has not been nailed down. Q: We bought our homes with the understanding that was commercial property and that the gas line would make it unlikely for the property to be developed because of the cost and the danger associated with moving the gas line. What are the plans to move the gas line and what are your plans around safety for that to happen? A: Our civil engineering group has reached out to the gas company and they have allowed us to relocate the gas line. The gas line will be moved parallel to Weidemar and Shelby Lane as you can see on the site plan. All safety measures will be adhered to. The gas line was once a high-pressure Valero pipeline but was decommissioned in the 1980’s or 90’s. What replaced it was a12” Texas Gas natural gas pipeline that serves mostly homes. We got permission from Texas Gas to move it to along the roads which will make it easier for them to maintain it. 11 11 of 58B-3Planning Commission: December 14, 2021 Q: This wooded area is a natural bird habitat and a migration stop for different types of birds. Decimating the area is really going to impact that and there's going to be a very clear and obvious environmental impact. Have you studied the migration pattern of birds in this area and what are your plans to resolve or address any environment environmental impacts that may result? A: Most of those trees are Cedar trees. The City had a code requirement for tree mitigation and tree plantings that the future landscape architect for the project will have to incorporate into the site to meet those requirements. The trees in the no-build area will be maintained. The City does not require a bird migration study. However, the birds that are protected by the Federal Government is the Golden-Cheeked Warbler and the Black Capped Vireo which migrate in the Hill Country. Q: Will I be able to see your building from my backyard and will people in the building on your property see into my backyard? A: The site plan shows a line where the buildings could not be more than 30 feet or two- stories. The zoning on your property allows a building height of 35 feet. We can do a cross- section to see what it might look like and we can look at new trees or vegetation that could be planted to shield some of those backyard views. Q: The open areas by the condos could be an opportunity for parties and gatherings, so I have concerns about noise. Also concerned about the removal of the trees which will increase the noise from IH-35 and the also the noise from construction. Have you taken that into account? A: There will be a 30-foot no building line so there is no need to remove the existing trees so that will provide a noise buffer. Q: What will be the prices on the condos? A: The condos will be approximately $175,000 to $560,000 depending on size. The rents for the multifamily will be approximately $750 to $2100, but that’s based on what we know. That could change depending on when the development is actually completed and what the prices will be at that time. Q: When is construction slated to begin on this property? A: It won't be another year or so. We must get a subdivision approved, and there’s the TIA. We’re looking at about 18 months from now. Q: Having the woods behind me is a selling point to my home for both renters and potential buyers. Do you have any comments about putting up a development knowing that it's going to negatively impact the property values of the neighbors in the existing area? A: From the perspective of the Travis County appraisal the appraisal will be based on what the price point of homes around the area. I expected the development will enhance it because we put up landscaping at a much higher level versus a commercial use that you might see representative the Toyota shop. Q: Will the land be cleared, or will any trees be saved? 12 12 of 58B-3Planning Commission: December 14, 2021 A: Most of the trees are cedar trees, which from the City’s perspective is not like Heritage Trees. We will keep the trees in the no-build area. The rest of the trees will be removed and either mitigated either through fee-in-lieu to the City’s Tree Fund or new trees planted on-site with Red Oaks or Pecan Trees, for example. The remainder of the trees will be removed. Q: What about the wildlife that currently lives there. Will you relocate them to an area that would be their natural habitat? A: In my eight years working on projects in the city of Austin, I have not seen something like that for urban projects in the core of the City. When you get into the Edwards Aquifer you have the Golden Cheek Warblers, that is where you have to do mitigation efforts. Q: Will the lights be shielded? The lights at the Toyota Service Center meet the City’s Code requirements, but they are still very bright. We want to work with the developer on this and not the city. A: The compatibility standards require that all lighting be shielded away from single family uses. Toyota has lighting for a commercial use; this will be a residential use. You will be notified during the site plan stage to provide input, but we can work with you directly because we want to be good neighbors. Q: For the affordable units, both rental and ownership, will a housing partner be employed to ensure fairness and equity when vetting tenants and buyers? A: This will be overseen by the Housing Department staff to certify that each person that is renting at the affordable rent qualifies and meets the affordability requirement for income level. Q: Is there a way for Building 2 to not go beyond that 100-foot setback? A: That is within the two-story setback line. This is a very preliminary plan so we can make every intention so limit that or try to minimize it as much as possible. Q: What have you built in the past? Do you have one similar in this price range? A: I'm an Austinite and I care about reputation and type of communities we build. Legacy Communities. On our webpage you can look at different projects we're building. We’re building in West Austin, Lakeway, East Austin and South. We have one called Gravity ATX. That's the only one I have under construction that is similar to this right now. This is a Type A, $30 million structure. Q: Will you use the new flood plain info, Atlas 14? A: Yes, we will, but technically there are no flood plain in this area. But for liability concerns we want to make sure we get it right and there are no adverse impacts. Q: If this zoning request is denied, what would the project look like? A: It could be a six-story office building with no residential. Q: It sounds like most of our concerns won’t be addressed until site plan stage. Is this correct? 13 13 of 58B-3Planning Commission: December 14, 2021 A: Staff will be able to review it for transportation, etc. during site plan stage when they have more information. Q: Will the neighborhood get a notice when the site plan is submitted? A: Yes. Comments: • My two-story home has my bedroom and bathroom window facing the • condominiums so I will have no privacy. People can look in. I have big windows. I feel like this is a done deal. Its sounds like we had no choice in it because you've already had these plans the number of people sitting in on this meeting. I just got notified a week or two ago from the city. • The roads and streets in the neighborhood are extremely narrow. They are heavily congested at peak hours and there is no way they can accommodate the flow of traffic this complex will need and use as well as the traffic from the existing neighborhood. With this in mind, there are many children that play, ride bikes, and are outside during the day. I am concerned the increase in traffic will cause safety issues. • I am extremely concerned about the rerouting of the gas line and the hazards that can occur from this move. • My backyard will be several feet from the condominiums. I will have zero privacy. My bathroom window faces the proposed location and tenants will have a direct view inside both my bedroom and bathroom. • The area is home to many native Texas wildlife and plants. I often see a family of red fox, horned toads, green anole lizards, blue jays, cardinals, mockingbirds, dove, and many other small tree animals. I am extremely concerned about my property value decreasing. • CITY COUNCIL DATE: To be scheduled ACTION: 14 14 of 58B-3Applicant Summary Letter from Application Planning Commission: December 14, 2021 15 15 of 58B-3Planning Commission: December 14, 2021 16 16 of 58B-3Letter of Recommendation from the South Congress Combined NPCT Planning Commission: December 14, 2021 17 17 of 58B-3Planning Commission: December 14, 2021 18 18 of 58B-3 Nov. 9 PC hearing - Postponement Request from Neighborhood Planning Commission: December 14, 2021 19 19 of 58B-3Planning Commission: December 14, 2021 From: Dacey Long Sent: Monday, November 1, 2021 9:00 PM To: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: The NPA and zoning case (C14-2021-0015) for 4700 Weidemar Lane *** External Email - Exercise Caution *** TO: Case Manager: Wendy Rhodes Wendy.Rhoades@austintexas.gov DATE: October 29, 2021 CC: Applicant: Alice Glasco Case File: Planning Commission 4700 Weidemar C14-2020-0015 District-3. FROM: Dacey Long and the Colonial Trails Neighborhood Re: Requesting Postponement Planning Commission Meeting for December 7th, 2021 Re: From: CS-CO-NP To: MF-6-NP - Staff Rec: Recommendation of GR-MU-V-CO-NP To the Zoning and Planning Board, City of Austin On behalf of the Colonial Trails Neighborhood, we are requesting a postponement for the NPA and zoning case (C14-2021-0015) for 4700 Weidemar Lane from November 9th, 2021 to December 7th 2021. The South Congress Combined Neighborhood Plan Contact Team is also asking for postponement and has sent an additional request for the postponement. Although correspondence was dated October 28th, the residents of Colonial Trails did not receive notification of the hearing date until October 30th. We were given a deadline of November 2nd for any paperwork to be completed for the hearing. Given we have four days to prepare before the November 2nd deadline, I request to postpone the hearing date to December 7th. Members in our neighborhood met with Alice Glasco and the developers on September 27th to discuss the proposed zone change and development plans. During the meeting, Ms. Glasco as well as the developers agreed to have another meeting with members of our neighborhood before the planning zone hearing but we have not met nor have we been contacted to schedule the follow-up meeting. 20 20 of 58B-3Planning Commission: December 14, 2021 The September 27th meeting was recorded so we can verify this agreement if needed. This is an additional factor for the postponement request. Finally, an elderly resident in the neighborhood who wanted to speak during the hea ring had surgery today on November 1st. Due to his heart condition (heart arrhythmia) and internal bleeding that will occur after his prostate surgery, he will not be able to speak at the November 9th hearing. His cardiologist orders are not to be exposed to any type of stress or physical exertion for at least three weeks after the surgery. Please let me know if you have any questions or need additional information for the postponement. Sincerely, Dacey Long The Residents of Colonial Trails Neighborhood 21 21 of 58B-3Planning Commission: December 14, 2021 Site 22 22 of 58B-3Planning Commission: December 14, 2021 23 23 of 58B-3Planning Commission: December 14, 2021 24 24 of 58B-3Planning Commission: December 14, 2021 25 25 of 58B-3Planning Commission: December 14, 2021 26 26 of 58B-3Planning Commission: December 14, 2021 27 27 of 58B-3Planning Commission: December 14, 2021 28 28 of 58B-3 Applicant’s Presentation at the March 11, 2021 Community Meeting Planning Commission: December 14, 2021 29 29 of 58B-3 Planning Commission: December 14, 2021 30 30 of 58B-3Correspondence Received Planning Commission: December 14, 2021 -----Original Message----- From: Lynn Davis Sent: Thursday, March 04, 2021 8:01 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: Concerns about 4700 Shelby Lane *** External Email - Exercise Caution *** Hi, I’m a homeowner at 408 Colonial Park Blvd and when I bought my home, I was promised that nothing could be developed in the wooded site behind my house, because there is a gas line there. This project seeks to ruin the natural habitat behind my house, ruin my view and lower my property value. The noise will be unbearable. There isn’t enough room on the roads to handle the traffic. I vehemently oppose and want to know all my rights and about all I can do to band together with my neighbors to oppose this. Can you help? Thanks, Lynn Stepanenko 202-999-9907 From: Alice Glasco [mailto:alice@agconsultingcompany.com] Sent: Tuesday, May 11, 2021 10:52 AM To: ljsallop@ Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Subject: FW: Plan Amendment Case number NPA-2021-0020.01 and Zoning Case #c14-2021-0015 - Reply to Lori Dear Lori Sallop, I apologize profusely for assuming that you were going to participate in the city staff- sponsored community meeting held on March 11th , 2021 where some of your questions were asked and answered. Nonetheless, please see my responses below in red. ===================== Alice Glasco, President Alice Glasco Consulting 512-231-8110 W 512-626-4461 C Email: alice@agconsultingcompany.com From: Alice Glasco Sent: Monday, May 10, 2021 5:29 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Subject: RE: Plan Amendment Case number NPA-2021-0020.01 and Zoning Case #c14-2021-0015 Maureen, 31 31 of 58B-3Planning Commission: December 14, 2021 I apologize profusely. I assumed that Lori Sallop was going to participate int the city -sponsored meeting you hosted where we addressed/answered question from neighbors. I will solo-up with Lori – it was not my intent to ignore her. Thank you! ====================== Alice Glasco, President Alice Glasco Consulting 512-231-8110 W 512-626-4461 C Email: alice@agconsultingcompany.com From: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Sent: Monday, May 10, 2021 5:22 PM To: Alice Glasco <alice@agconsultingcompany.com> Cc: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Subject: FW: Plan Amendment Case number NPA-2021-0020.01 and Zoning Case #c14-2021-0015 Alice: Here is the original email from Lori Sallop where she asks questions (see below). I forwarded it to you on March 9. Lori’s email from today said she never received a response. Maureen From: Lori Sallop Sent: Monday, March 08, 2021 10:13 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Rhoades, Wendy <Wendy.Rhoades@austintexas.gov>; Lori Sallop Subject: Plan Amendment Case number NPA-2021-0020.01 and Zoning Case #c14-2021-0015 *** External Email - Exercise Caution *** Hi Maureen and Wendy I am writing as a property owner with several concerns around the proposed neighborhood plan amendments and zoning changes. 1. Schools - the schools in this area are already underfunded and overcrowded. The proposed changes will significantly increase the numbers of students and add more burden to already challenged schools. What is the developer's plan to assist the schools? Applicant response: once the subject property is developed, the school district will benefit from an increase in property taxes that will be generated from the property, and the bulk of the property taxes which will go to the school district. 2. Power Grid - as last month showed, the city's power grid is not adequate for the current power consumption. The proposed development will add significant added 32 32 of 58B-3Planning Commission: December 14, 2021 usage and will likely lead to more demand that the supply. What is the developer's plan so that the existing residents don't lose power? What guarantees can they provide around ensuring that power rates are not increased based on these proposed changes and that power outages will not occur? Applicant response: property owners do not control or regulate the cost of utilities – the rates, in the city of Austin are set by the City Council and the developer will pay their fair share of the fees that are applicable by law. The adequacy of power to all residents of Austin – residential or commercial – falls upon the City and State regulations (ERCOT). 3. Proposed building height - the proposed changes have a significant increase in how tall buildings can be built. This will significantly reduce privacy and provide safety concerns for money current homeowners Applicant response: The allowed height under the current zoning of CS is 60 feet or 5 stories - closer to Weidemar Lane in compliance with compatibility standards setbacks. The same compatibility standards setbacks apply to any development that occurs on this site with or without a zoning change (which includes the possibility of a 1,000-room convention hotel under the current CS zoning). At this point of the project design, the proposed building height close to Weidemar Lane will not exceed 65 feet or 5 stories. 4. Roads - this brings up several concerns. The current roads are very narrow. Who is going to fund widening the roads? Applicant response: The City’s Transportation Department will require a traffic impact analysis at the time of site plan submittal and the staff will identify what improvements the developer is responsible for, including any traffic impact fees that must be paid. 5. Traffic - traffic and speed has already been such a concern that there are currently speed bumps. The proposed amendment would be a huge increase in the traffic in this neighborhood and bring safety concerns for the children and families. There have already been incidents where drunk drivers have literally driven into people's houses. The huge increase in people from the development as well as the additional cars that would bring would increase the probability of more of these accidents. What is the developer's plan to protect the residents? Applicant response: whether the property is developed with a 1,000-room convention hotel under the current CS zoning or with housing under the proposed multifamily zoning, during site plan and traffic impact analysis review for the site, city transportation staff will identify what improvements the developer needs to make to address safety concerns. 6. Gas - my understanding is that based on the current gas line infrastructure there will likely need to move gas lines. What's the plan on HOW the gas lines will be moved? What's the guarantee that there will not be gas issues going forward from the developer? Applicant response: The gas company has given the developer permission to relocate the gas line so that it runs under Weidemar and Shelby 33 33 of 58B-3Planning Commission: December 14, 2021 Lanes. The developer will comply with all safety regulations for relocating the gas line. 7. Flooding - with some much additional concrete and infrastructure from the proposed changes, what's the plan to ensure there won't be flooding and drainage issues? What's the guarantee from the developer for future issues that this development will create? Applicant response: The city’s watershed department requires an on-site detention and water quality pond to control flooding. City watershed review staff will ensure that a detention and water quality pond is on the site plan for any proposed development when they review the site plan for development. 8. Area security - in addition to the traffic safety concerns, that many additional people in the area bring up overall safety concerns - more break-ins and other crimes. The city has defunded the Austin police $150M as well as canceled several new police academy classes. Austin's overall crime rates are increasing. Huge increase of people and few police offices does not seem like a good math equation for resident safety. What's the developer's plan and guarantee around funds for police, preventing increase in crime activity? Applicant response: The city will benefit from the from the increased appraisal of the development of the property through an increase in property taxes, and, the taxes can assist in funding the police department – whether the property is developed with a 1,000-room convention hotel under the current CS zoning or with housing under the proposed multifamily zoning. As you can tell, I have several concerns for the proposed changes. Thanks! Lori From: Rhoades, Wendy Sent: Monday, March 15, 2021 11:17 AM To: George < Cc: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: RE: Questions about fee-in-lieu payments George, I don’t believe that fee-in-lieu payments will be required as part of the rezoning case, but it is possible that this issue will arise during review of the subsequent subdivision and site plan applications. Regarding fees-in-lieu for parkland, you could check with Thomas Rowlinson from the Parks and Recreation Department. He can be reached at 512-974-9372. At the time of construction the developer will likely be required to build sidewalks along the street frontages of the rezoning area (Shelby Lane and Weidemar Lane), but you could confirm this with Amber Mitchell, 512-974-5646. 34 34 of 58B-3Planning Commission: December 14, 2021 Below is a FAQ sheet regarding sidewalk fees-in-lieu. http://austintexas.gov/page/frequently-asked-questions-about-sidewalk-fee-lieu At the time of subdivision or site plan, the Austin Transportation Department will determine if fees-in-lieu will be required for bike lanes or other transportation-related improvements. If the Applicant proposes to build less than the required number of parking spaces by Code, then that would be handled as a variance at the time of site plan (Amber Mitchell is also a good resource for these questions – she will return to the office on Monday, March 22nd). Wendy From: George < > Sent: Sunday, March 14, 2021 11:41 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Rhoades, Wendy <Wendy.Rhoades@austintexas.gov> Subject: Questions about fee-in-lieu payments *** External Email - Exercise Caution *** Maureen and/or Wendy, During the virtual meeting Thursday evening with Legacy MCS and Alice Glasco, someone mentioned "fee-in-lieu payments." How can I find out more information about the fee-in-lieu payments? Are they held in escrow? What is the transparency on the disbursement? Can I access how the funds are disbursed? Who determines how the fees are used and where? Can the City use the money anywhere for anything within the City? Can the neighborhood advocate that the developer be required to actually build sidewalks, bike lanes, and parking spots instead of fee-in-lieu payments? Respectfully, George Krabe From: Daniel Sent: Tuesday, March 02, 2021 1:42 PM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Subject: C14-2021-0015 *** External Email - Exercise Caution *** Hi Wendy, My name is Daniel Sullivan, and I am a resident who lives within 500 feet of the property whose rezoning is proposed - at 812 Sheraton Ave. I wanted to register my support for the rezoning and multifamily development of 4700 Weidemar Ln. I believe that increased housing density is a benefit for our 35 35 of 58B-3Planning Commission: December 14, 2021 neighborhood and Austin more broadly, especially with the future rail line that will be running down S Congress Ave. Thanks, Daniel Sullivan *** External Email - Exercise Caution *** DATE: November 2, 2021 TO: Planning Commission, City of Austin CC: Maureen Meredith - Maureen.meredith@austintexas.gov Wendy Rhoades - Wendy.Rhoades@austintexas.gov FROM: George Kraber, property owner and resident of Colonial Trails subdivision Re: 4700 Weidemar Ln, Plan Amendment Case # NPA-2021-0020.01 Zoning Case #: C14-2021-0015 Dear Planning Commissioners, I have several concerns with the proposed change to amend the Future Land Use Map (FLUM) of the South Congress Neighborhood Plan from Commercial to Multifamily land use. The applicant proposes to change the zoning from CS-CO-NP (General Commercial Service - Conditional Overlay - Neighborhood Plan) to MF-6- NP (Multifamily Highest Density - Neighborhood Plan) for multifamily and condos. I am against any change to the current FLUM and rezoning because the change conflicts with the recommendations in the South Congress Combined Neighborhood Plan. The proposed change to the FLUM and associated rezoning is not consistent with the surrounding land use pattern. In fact, most of the diversity of housing, condos and multifamily residences, are located on the South Congress Corridor away from the single family residential areas. Another concern I have about the proposed development is the safety concerns as they relate to the relocation of the buried high pressure gas pipeline that currently exists beneath the property. The Developer has proposed that the pipeline be moved to facilitate construction of the complex at 4700 Weidemar Lane. Also, the City places great emphasis on mobility, yet the closest bus station is .7 miles away from the proposed development. According to Imagine Austin, households are to be “within ¼ and ½ mile distance of transit and high capacity transit.” (IACP_2018.pdf - page 241-242) Once again, I ask that the Planning Commissioners vote to deny the request to amend the future land use map and request for rezoning. The changes are contrary to the South Congress Neighborhood Plan’s priorities and objectives: • Preserve the character • of single-family neighborhoods 36 36 of 58B-3Planning Commission: December 14, 2021 • New development should be • compatible scaled • • Preserve and enhance the existing single-family neighborhoods and when adjacent to residential uses. retain the • affordability of our neighborhoods. • Preserve and enhance the existing single-family • • Tree-lined neighborhood streets should allow residents to • safely travel by foot, bicycle, or car. Respectfully, George Kraber 702 Colonial Park Blvd. Austin, TX 78745 From: George < Sent: Tuesday, November 2, 2021 2:48 PM To: Rhoades, Wendy <Wendy.Rhoades@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Dacey Long < >; Lynn Stepanenko < >; Mario Cantu - SCCNPCT <mariocantu@ > Subject: Planning Commission: please include in staff reports for Nov 9, 2021 *** External Email - Exercise Caution *** TO: Planning Commissioners, City of Austin CC: Maureen Meredith - (maureen.meredith@austintexas.gov), Wendy Rhoades - (Wendy.Rhoades@austintexas.gov) Case file FROM: George Kraber, property owner and resident of Colonial Trails subdivision Re: 4700 Weidemar Ln, Plan Amendment Case # NPA-2021-0020.01 Zoning Case #: C14-2021-0015 ---------------------------------------------------------------------------------------------------------------- --------------- The following is the property owners rebuttal of Applicant's Responses to Article 16: Neighborhood Plan Amendment Ordinance 25-1-810 by Alice Glasco and the Developer, Legacy MCS. LAND USE PLANNING PRINCIPLES 37 37 of 58B-3Planning Commission: December 14, 2021 The Applicant's responses below are copied from the Applicants: Article 16: Neighborhood Plan Amendment Ordinance § 25-1-810 - RECOMMENDATION CRITERIA. 1. Ensure that the decision will not create an arbitrary development pattern. Applicant's Response: The decision to rezone the site from CS-CO-NP to MF-6- NP will not create an arbitrary development pattern. Rebuttal: The request for rezoning from CS-CO-NP to MF-6-NP is an example of spot zoning. As noted in the chart below, the current zoning of properties adjacent to and beyond the planned development are as follows: CS, LI, GR, SF-2, SF-3, and CS-MU-CO-NP. Please see the chart below. Note: The closest multistory buildings are on the South Congress Corridor over a half mile away. Currently, there are plans to build The Stations of St Elmo at 4510 St. Elmo (CS-MU-CO-NP) which the site plans indicate an approximate height of forty-eight. ZONING LAND USES undeveloped Site CS-CO- NP North LI-NP Electronic Industrial Distributor Wholesale Distributors and Warehouses Manufacturing/Mechanical/Mining, Transportation/Logistics, Construction/Facilities/Trades South CS-CO- Auto Repair East NP LI-NP CS-CO- NP CS-MU- NP CS-NP GR-NP CS-NP HVAC Contractor Electrical Repair Shop Accountant & Tax Return Preparation Car Rental 38 38 of 58B-3West SF-3-NP SF-2-NP SF-3-NP CS-MU- CO-NP Planning Commission: December 14, 2021 Single family homes One property northwest of the proposed site is zoned CS-MU- CO-NP has not been constructed as of March 2021. Although the location has plans to build condominiums in the facility, the development will be used for residential and will house office spaces, commercial retail, and a fitness center. The property website describes the appearance of the proposed development as: “architecture designed for modern-day functionality with rich industrial-style finishes” which is consistent with the commercial surroundings of the neighborhood located north, south, and east of the property. 3. Minimize negative effects between incompatible land uses: Applicant's Response: The proposed multifamily and condo development will be compatible with surrounding land uses. Rebuttal: As you can see from the photos below, the proposed 4700 Weidemar Lane development is NOT compatible with the surrounding land use both in terms of the current Neighborhood Plan and existing property and structures. 1st Photo: As the drone is flying over the north end of the 4700 Weidemar Lane property the camera is facing slightly southwest. The white building at the top of the photo is AutoNations Service Center with Colonial Trails subdivision to the right. The straight line grassy area with tire tracks is the high pressure pipeline transecting the property. 2nd Photo: The drone camera is facing towards the west and you can see the houses on Colonial Park Blvd. Shelby Lane is just visible to the left in the picture. 3rd Photo: The drone camera is facing north. Small businesses and the CenTex Plant are visible. Note Shelby Lane bottom of photo. It is an unimproved country type road. As you might notice all the buildings in this general area are one story. There are no other structures compatible with what is being proposed. At this time, the closest multi-family structures are .7 miles away on the South Congress Corridor. 39 39 of 58B-3Planning Commission: December 14, 2021 40 40 of 58B-3Planning Commission: December 14, 2021 5. Discourage intense uses within or adjacent to residential areas. Applicant's Response: The proposed multifamily and condo development will be compatible with the existing residential development west of the subject site. Rebuttal: The construction of 150 condo units and 304 apartment units will actually encourage more intense use of the substandard road adjacent to the development and increase traffic throughout the Colonial Tails subdivision (CT). This increased use will impact safety and emergency vehicle access throughout CT and the adjacent neighborhoods. 13. Avoid creating undesirable precedents. The Applicants Response: The proposed MF-6-NP zoning will not create any undesirable precedents Rebuttal: As noted in item 1, the rezoning of 4700 Weidemar Lane from CS-CO-NP to MF-6 with create undesirable precedents for the adjacent neighborhoods with increased traffic causing safety concerns for emergency vehicles access, school bus stops, and pedestrian traffic 17. Consider infrastructure when making land use decisions. 41 41 of 58B-3Planning Commission: December 14, 2021 The Applicant's Response: There is adequate infrastructure to accommodate housing on the subject site. Rebuttal: Currently there is NOT adequate infrastructure to support this development, either in the construction phase or upon completion. The pictures are of Shelby Lane and St Elmo Lane, are asphalt base and in bad condition. Weidemar Lane which was recently resurfaced but still has an inadequate subbase. The Traffic Impact Analysis stated, “Shelby Lane and Weidemar Lane are currently classified as substandard streets.” Photos below: 1.Shelby Lane eastward 2.Shelby Lane eastward 3.Intersection of Shelby Lane westward,Colonial Park Blvd (to the left) and St. Elmo Lane (to the right) 4. Weidemar Lane southward after recent repaving but subbase was not replaced 42 42 of 58B-3Planning Commission: December 14, 2021 43 43 of 58B-3Planning Commission: December 14, 2021 44 44 of 58B-3Planning Commission: December 14, 2021 18. Promote development that serves the needs of a diverse population. The Applicant’s Response: The requested FLUM change and rezoning will, indeed, promote development that will serve the community. Rebuttal: It is uncertain that the FLUM change and rezoning will serve the needs of a diverse population. It is my understanding that The Station St. Elmo at 4510 St Elmo was sold out before it was even advertised to local buyers. One concern expressed by property owners is the development of 304 apartment units. Typically, individuals who lease apartments for a year or two are not invested in the area and there is concern of their impact on the residential area. Thank you for taking the time to read my rebuttals. I hope it is helpful in your decision to vote against the proposed Future Land Use Map and rezoning case. Respectfully, George Kraber 702 Colonial Park Blvd Austin, TX 78745 45 45 of 58B-3Planning Commission: December 14, 2021 46 46 of 58B-3 Planning Commission: December 14, 2021 47 47 of 58B-3 Planning Commission: December 14, 2021 48 48 of 58B-3 Planning Commission: December 14, 2021 49 49 of 58B-3 Planning Commission: December 14, 2021 50 50 of 58B-3 Planning Commission: December 14, 2021 51 51 of 58B-3 Planning Commission: December 14, 2021 52 52 of 58B-3 Planning Commission: December 14, 2021 53 53 of 58B-3Planning Commission: December 14, 2021 54 54 of 58B-3 Planning Commission: December 14, 2021 55 55 of 58B-3 Planning Commission: December 14, 2021 56 56 of 58B-3Planning Commission: December 14, 2021 57 57 of 58B-3Planning Commission: December 14, 2021 58 58 of 58B-3