B-16 (SP-2021-0102C - 1400 Cedar Ave; District 1).pdf

Planning Commission – April 12, 2022

B-16 (SP-2021-0102C - 1400 Cedar Ave; District 1).pdf — original pdf

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PLANNING COMMISISON SITE PLAN – COMPATIBILITY VARIANCES ONLY CASE NUMBER: PROJECT NAME: SP-2021-0102C PC HEARING DATE: April 12th, 2022 1400 Cedar Ave 1400 Cedar Ave 1 (512) 761-6161 (512) 978-1735 (512) 259-6877 Urban Gravity 5110 Lancaster Ct Austin, TX 78723 Zack Lofton zack.lofton@austintexas.gov Civilitude LLC (Alejandra Flores) 5110 Lancaster Ct Austin, TX 78723 ADDRESS: COUNCIL DISTRICT: OWNER/APPLICANT: ENGINEER: CASE MANAGER: NEIGHBORHOOD PLAN: Chestnut Neighborhood Plan Area PROPOSED DEVELOPMENT: The applicant is proposing to redevelop 2 lots with commercial land uses zoned CS-MU-V-CO-NP into a 7-unit Condominium Residential land use with parking, bike parking and public sidewalk improvements. DESCRIPTION OF WAIVER: The applicant is requesting a waiver from § 25-2-1063. The site is subject to a 25’ compatibility setback. The proposed development is encroaching into the 25’ compatibility setback on the north and west property lines for the residential units. The units are at least 5’ from the property line but within the 25’. COMPATIBILITY: Section 25-2-1051 states that Article 10 Compatibility Standards apply if a use in a SF-6 or less restrictive zoning district is located on a property across the street from or adjoining a property on which is zoned SF-5 or more restrictive or a use is permitted in a SF-5 or more restrictive zoning district is located. § 25-2-1063 - HEIGHT LIMITATIONS AND SETBACKS FOR LARGE SITES. (A) This section applies to a site that has: (1) an area that exceeds 20,000 square feet; or (2) a street frontage that exceeds 100 feet. (B) In this section, the term "structure" excludes a rain garden using no concrete that is designed in accordance with the Environmental Criteria Manual. A person may not construct a structure 25 feet or less from property: (1) in an urban family residence (SF-5) or more restrictive zoning district; or (2) on which a use permitted in an SF-5 or more restrictive zoning district is located 1 of 26B-161400 Cedar Ave 1400 Cedar Ave SP-2021-0102C SUMMARY STAFF RECOMMENDATION: Staff recommends approval of the compatibility setback waiver request. The site complies with all other compatibility standard requirements, such as lighting, screening, and building heights. PROJECT INFORMATION TOTAL SITE AREA EXISTING ZONING WATERSHED WATERSHED ORDINANCE TRAFFIC IMPACT ANALYSIS Not required CAPITOL VIEW CORRIDOR PROPOSED ACCESS FLOOR-AREA RATIO BUILDING COVERAGE IMPERVIOUS COVERAGE 12,095 sq. ft. CS-MU-V-CO-NP Boggy Creek (Urban) Comprehensive Watershed Ordinance None Cedar Avenue Allowed/Required 2:1 95% 80% 4,270 sf / 35.3% 5,933 sf / 49.1% 8,748 sf / 72.3% Proposed 1.12:1 Existing 0.35:1 0.2777 acres PARKING *A 20% parking reduction is permitted in the urban core and Subchapter E permits parking reductions. EXISTING ZONING AND LAND USES 11 11 11,788 sf / 97.46% 6 LAND USES CS-MU-V-CO-NP Commercial Single-family residential 14th Street then single-family residential with accessory dwelling unit CS-MU-V-CO-NP Cedar Avenue then Commercial SF-3-NP Alley then single-family residential with accessory dwelling unit ZONING Site North SF-3-NP South SF-3-NP East West ABUTTING STREETS Street Classification Local City Street Local City Street Right-of-Way Width 50 feet 50 feet Pavement Width 30 feet 30 feet Cedar Avenue 14th Street NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Chestnut Addition Neighborhood Assn. (C.A.N.A.) Chestnut Neighborhood Plan Contact Team Chestnut Neighborhood Revitalization Corporation (CNRC) Del Valle Community Coalition East Austin Conservancy Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin SELTexas Sierra Club, Austin Regional Group 2 of 26B-165110 Lancaster Court Austin, Texas 78723 Firm Registration #12469 Phone 512 761 6161 Fax 512 761 6167 info@civilitude.com www.civilitude.com ENGINEERS & PLANNERS Development Services Department Compatibility Setback Waiver 1400 Cedar Ave (SP-2021-0102C) 1400 Cedar Ave, Austin, TX 78702 February 16, 2022 To: Zack Lofton Re: Dear Mr. Lofton, On behalf of our client, Urban Gravity LLC, we are submitting a waiver request for the 1400 Cedar Ave project. We are requesting the following waiver to the Land Development Code to make the project feasible: Request: Allow to reduce the 25’ no build setback to 5’ [LDC 25.2.1063]. The site is composed of 2 tracts of land adding up to 0.28 acres zoned CS-MU-V-CO-NP, surrounded by SF-3-NP properties. If it were to comply with compatibility standards, this site would be forced to be developed within 0.16-acres. To achieve this density, the unit configuration would be forced to be denser in a more compact layout. Constructing townhomes within these standards is not feasible. We would like to request that the compatibility standards are modified to reduce the no build zone from 25’ to 5’ and keeping the 30’ or 2 stories height limitation from 5’ to 50’ from the properties triggering compatibility, and so forth. Attached to this letter is the proposed building elevations sheet. We believe this request does not disrupt the neighborhood’s feel and meets the intent of the code, such that no high density or commercial developments occur in a near proximity to a single family lot. Please accept this letter as our official request. If you have any questions, please call us at 512-761-6161. Sincerely, Alejandra Flores Project Engineer 3 of 26B-16 March 19, 2021 Denise Lucas City of Austin Permitting and Development Center 6310 Wilhelmina Delco Dr. Austin, TX 78752 Re: Engineer’s Summary Letter Site Plan Application 1400 Cedar Avenue Austin, Texas 78702 Dear Mr. Gonzales, On behalf of our client, we are submitting an enclosed Site Plan Development Permit application package for 1400 Cedar Ave. The project proposes 7 single-family detached condominium units on a 0.2776-acre property located within the Full- Purpose jurisdiction of the City of Austin. No portion of the site is within the 100-year floodplain, and the site is outside Edwards Aquifer Recharge Zone. The site contains two legal lots (TCAD Parcels 0210111413 and 0210111412) and is platted under Vol. 2 Page 154. The property is located in Boggy Creek Watershed, classified as Urban. The site is zoned CS-MU-V-CO-NP and is within the City of Austin’s Chestnut Neighborhood Planning Area. The maximum allowable impervious cover is 95% and the net proposed IC is within this limit at 75.3%, reduced from the existing impervious cover of 97.46%. An RSMP application is not required since the impervious cover onsite seems to be dated back in the 1950s-1960s. A request for fee in-lieu of water quality will be submitted with the formal submittal, since the site is less than 0.5 acres. Drainage pattern remains the same as existing conditions and runoff intensity will be reduced by the proposed development. The site is currently developed with a single-family house on each lot. The site has frontage and an existing driveway on Cedar Avenue, which will not be modified. All parking requirements are met on site. Proposed building and improvements will be served by the existing City of Austin’s Utility. If you have any questions, please do not hesitate to contact us and inquire at 512-761-6161. Sincerely, 1 4 of 26B-16E C A P S N E P O F S 4 5 1 OPEN SPACE 115 SF BIKE MAIL KIOSK OPEN SPACE 226 SF OPEN SPACE 173 SF OPEN SPACE 173 SF OPEN SPACE 174 SF OPEN SPACE 175 SF I K C A R E C V R E S C E L E ELEC PULL BOX ” “ ” “ “ ” 2 0 7 8 7 , X T , I N T S U A , E V A R A D E C 2 0 4 1 - 0 0 4 1 E V A R A D E C 0 0 4 1 N 2 2 0 2 / 8 0 / 2 0 03/23/2021 112 ROSEMARY AVILA CS-MU-V-CO-NP C 2 0 1 0 - 1 2 0 2 - P S SP-2021-0102C 07 21 25-5 Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a Building permit is not required), must also be approved prior to the Project Expiration Date. 5 of 26B-165'-0" NO STRUCTURE 45'-0" 30' / 2 STORIES ' " 0 - 1 / " 2 - 1 ' 1'-2" / 1'-0" ' " 0 - 1 / " 2 - 1 ' 1'- 2 " / 1'- 0 " ' " 0 - 1 / " 0 1 " 0 " / 1 '- 5 1'-0" / 1'-0" ' " 0 - 1 / " 2 - 1 ' 1'- 0 " / 1'- 0 " 1 0" / 1'-0" 1 0" / 1'-0" ' " 0 - 1 / " 0 - 1 ' ' " 0 - 1 / " 5 1 2 3 4 3 2 1 40'-0" 40' OR 3 STORIES 1 0" / 1'-0" 1 0" / 1'-0" 1 0" / 1'-0" 1 0" / 1'-0" UNIT 6 2 STORIES + HABITABLE ATTIC 29'-5 5/8" BLDG HEIGHT 4 Building A&B West Elevation 1/8" = 1'-0" A2.00 UNIT 5 2 STORIES + HABITABLE ATTIC 29'-10 1/2" BLDG HEIGHT +/- 43'-4" 40' OR 3 STORIES 45'-0" 30' OR 2 STORIES 5'-0" NO BUILD ZONE 15'-0" NO BUILD ZONE, TO PROPERTY LINE @ WEST EDGE OF ALLEY ' " 0 - 1 / " 0 1 " 0 - 0 4 ' 1'-2" / 1'-0" 1'- 2 " / 1'- 0 " ' " 0 - 1 / " 2 - 1 ' ' " 0 - 1 / " 2 - 1 ' I I T N O P D M O T G A A " 8 / 5 5 - 9 2 ' F O O R T S E H G H F O I O T G A A " 6 1 / 7 4 - 9 2 ' R E M R O D T S E H G H T N O P D M I I I " 0 - 0 3 ' I I T N O P D M O T G A A " 2 / 1 0 1 - 9 2 ' F O O R T S E H G H F O I I I T N O P D M O T G A A " 8 / 1 0 - 9 2 ' R E M R O D T S E H G H F O I " 0 - 0 3 ' AAG @ -0'-8" (EST) 2 Building A North Elevation 1/8" = 1'-0" A2.00 45'-0" 30' OR 2 STORIES 4 ' " 0 - 1 / " 0 - 1 ' 1'-2" / 1'-0" 1'- 2 " / 1'- 0 " EXISTING RETAINING WALL 1 Building A South Elevation 1/8" = 1'-0" A2.00 3 Building A&B East Elevation 1/8" = 1'-0" A2.00 M P 2 4 : 0 5 : 1 2 2 0 2 / 8 2 / 2 UNIT 1 3 STORIES 36' 9 3/16" BLDG HEIGHT UNIT 7 2 STORIES + HABITABLE ATTIC 29'-5 5/8" BLDG HEIGHT UNIT 5 2 STORIES + HABITABLE ATTIC 29'-10 1/2" BLDG HEIGHT UNIT 4 2 STORIES + HABITABLE ATTIC 29'-10 1/2" BLDG HEIGHT UNIT 3 3 STORIES 36' 9 3/16" BLDG HEIGHT UNIT 2 3 STORIES 36' 9 3/16" BLDG HEIGHT UNIT 1 3 STORIES 36' 9 3/16" BLDG HEIGHT PRELIMINARY Not for regulatory approval, permitting, or construction. W Travis Lucy TX 21664 2/28/22 3rd Floor / Attic 22' - 4" INFO@LLVLL.WORK 512.565.0016 1400 Cedar Avenue Urban Gravity LLC 1400/1402 Cedar Ave Austin, Texas 78702 2nd Floor 10' - 8" 1st Floor 0' - 0" 3rd Floor / Attic 22' - 4" " 0 - 0 4 ' O T G A A " 6 1 / 3 9 - 6 3 ' I I T N O P D M F O O R 2nd Floor 10' - 8" AAG @ -0'-8" (EST) 1st Floor 0' - 0" Site Development No. note Site Dev R1 Site Dev R2 Date 2/8/22 2/28/22 Exterior Elevations 6 of 26B-161'-2" / 1'-0" ' " 0 - 1 / " 2 - 1 ' 1'- 2 " / 1'- 0 " 5 5 ' " 0 - 1 / " 2 - 1 ' 1'-2" / 1'-0" 1'- 2 " / 1'- 0 " UNIT 6 2 STORIES + HABITABLE ATTIC 29'-5 5/8" BLDG HEIGHT UNIT 7 2 STORIES + HABITABLE ATTIC 29'-5 5/8" BLDG HEIGHT 2 Building B South Elevation 1/8" = 1'-0" A2.01 PRELIMINARY Not for regulatory approval, permitting, or construction. W Travis Lucy TX 21664 2/28/22 INFO@LLVLL.WORK 512.565.0016 1400 Cedar Avenue Urban Gravity LLC 1400/1402 Cedar Ave Austin, Texas 78702 Site Development No. note Site Dev R1 Site Dev R2 Date 2/8/22 2/28/22 Exterior Elevations 3rd Floor / Attic 22' - 4" 2nd Floor 10' - 8" 1st Floor 0' - 0" 3rd Floor / Attic 22' - 4" 2nd Floor 10' - 8" 1st Floor 0' - 0" M P 8 3 : 1 5 : 1 2 2 0 2 / 8 2 / 2 UNIT 7 2 STORIES + HABITABLE ATTIC 29'-5 5/8" BLDG HEIGHT UNIT 6 2 STORIES + HABITABLE ATTIC 29'-5 5/8" BLDG HEIGHT 1 Building B North Elevation 1/8" = 1'-0" A2.01 7 of 26B-16S F - 3 - N P S F - 3 - N P SF-3-NP SF-3-NP 1 6 T H S T E SF-3-NP S F - 3 - N P S I N G L E T O N A V E S F - 3 - N P S F - 3 - N P S F - 3 - N P S F - 3 - N P S F - 3 - N P W A L N U T A V E S F - 3 - N P CS-MU-V-CO-NP CS-MU-V-CO-NP 1 4 T H S T E SF-3-NP S F - 3 - N P S F - 3 - N P ± 0 S F - 3 - N P S F - 3 - N P C E D A R A V E S F - 3 - N P S F - 3 - N P 1 3 T H S T E SF-3-NP S F - 3 - N P SF-3-NP SF-3-NP CASE#: ADDRESS: CASE NAME: MANAGER: SP-2021-0102C 1400 Cedar Avenue 1400 Cedar Ave Zack Lofton 50 100 200 Feet This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. This product has been produced by the Planning and Development Review Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. OPERATOR: R. Avila 8 of 26B-16March 25, 2022 City of Austin Planning Commission Re: Compatibility Setback Waiver for 1400 Cedar Avenue Dear Planning Commissioners, This letter is to inform the Commission that the Chestnut Neighborhood Plan Contact Team does not support the requested compatibility waiver for 1400 Cedar Avenue to reduce the setback from 25 feet to 5 feet. The Chestnut Neighborhood has a long history of supporting density in our neighborhood, as seen by our adoption of all the neighborhood infill tools as well as working with the city to create the MLK TOD. That said, we believe a 5-foot setback is inappropriate in this location and unnecessary for the success of this project. As seen in the attached exhibit, even with the current building footprint sizes, a 15-foot setback appears doable. With more thoughtful design, the 25-foot setback might be doable as well. Despite repeated requests by the neighborhood, the applicant did not meet with the Neighborhood Plan Contact Team to discuss this project. This is very unfortunate, as we believe there is a solution here that provides the desired density and better aligns with our neighborhood plan. Thank you for your consideration. Respectfully, Chestnut Neighborhood Plan Contact Team 9 of 26B-1610 of 26B-16Lofton, Zack From: Sent: To: Subject: Lofton, Zack Tuesday, March 1, 2022 4:49 PM Ian Zurzolo RE: Case Number: SP-2021-0102C Great. We don’t necessarily have concerns about the project. The site plan actually proposes reducing impervious cover from about 97% to about 72%. The city has also recommended the site connect access to the alley but not required it. Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Ian Zurzolo [mailto:ianzurzolo@gmail.com] Sent: Tuesday, March 1, 2022 4:01 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Case Number: SP-2021-0102C Thanks that was helpful. Are there any remaining concerns that the city has about the proposed plan? It seems like there could be a impermeable coverage issue as well as no entry/exit facing the alley. On Tue, Mar 1, 2022 at 3:57 PM Lofton, Zack <Zack.Lofton@austintexas.gov> wrote: Hi there, Ian: Please see my comments below in red. • Will there be sidewalks surrounding the property on both Cedar Ave and 14th street? Yes, they are proposing sidewalks on both streets. • Will there be a minimum of 2 on-site parking spaces per unit? If not, is it allowed by the city to have less? There is not a minimum of 2 on-site parking spaces per unit and yes it is allowed that they have 1 11 of 26B-16less. They will have 11 spaces which meets the City’s requirement without any waivers or variances. They will also have bike parking spaces as well. • Is the height of any of the proposed units above city allowances? No, they are within all height limits. • How long is the proposed construction timeline? I do not have an answer to that, since this is just the site plan stage and so early in the process. That would be a question for the contractor but likely can’t be determined until the plans are finalized they know exactly what they are building. Please let me know if you have any other questions. Sincerely, Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Ian Zurzolo [mailto:ianzurzolo@gmail.com] Sent: Tuesday, March 1, 2022 3:07 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Case Number: SP-2021-0102C Hello Zack, I am an interested party for the proposed development at 1400 Cedar Ave. I have a couple questions: • Will there be sidewalks surrounding the property on both Cedar Ave and 14th street? • Will there be a minimum of 2 on-site parking spaces per unit? If not, is it allowed by the city to have less? 2 12 of 26B-16Thanks, Ian Zurzolo Hi Cindy, less? Thanks, Ian Zurzolo • Is the height of any of the proposed units above city allowances? • How long is the proposed construction timeline? On Tue, Mar 1, 2022 at 7:03 AM Edmond, Cindy <Cindy.Edmond@austintexas.gov> wrote: Please email the case manager regarding your questions. thanks From: Ian Zurzolo [mailto:ianzurzolo@gmail.com] Sent: Monday, February 28, 2022 5:48 PM To: Edmond, Cindy <Cindy.Edmond@austintexas.gov> Subject: Case Number: SP-2021-0102C *** External Email - Exercise Caution *** I am an interested party for the proposed development at 1400 Cedar Ave. I have a couple questions: • Will there be sidewalks surrounding the property on both Cedar Ave and 14th street? • Will there be a minimum of 2 on-site parking spaces per unit? If not, is it allowed by the city to have • Is the height of any of the proposed units above city allowances? • How long is the proposed construction timeline? 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. 3 13 of 26B-16Lofton, Zack From: Sent: To: Subject: Attachments: Lofton, Zack Thursday, March 3, 2022 9:20 AM Pati Fisher RE: Case No: SP-2021-0102C FINAL Background Materials - Compatibility Waiver - 1400 Cedar Ave - SP-2021-0102C.pdf Good morning, Pati: Yes, there are 7 units being proposed on these two lots. The background materials for the Planning Commission meeting are attached and show the site plan and elevations, in addition to a few other things. Please let me know I you have any more questions. Sincerely, Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Pati Fisher [mailto:patipixi@me.com] Sent: Thursday, March 3, 2022 8:54 AM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Fwd: Case No: SP-2021-0102C Hi Zack: Please see the forwarded email below. Thanks in advance. Kind regards, Pati Fisher Sent from my iPati Begin forwarded message: 1 14 of 26B-16From: "Edmond, Cindy" <Cindy.Edmond@austintexas.gov> Date: March 3, 2022 at 7:30:50 AM CST To: Pati Fisher <patipixi@me.com> Subject: RE: Case No: SP-2021-0102C Please email the case manager regarding your question. Thanks -----Original Message----- From: Pati Fisher [mailto:patipixi@me.com] Sent: Wednesday, March 02, 2022 5:49 PM To: Edmond, Cindy <Cindy.Edmond@austintexas.gov> Subject: Case No: SP-2021-0102C *** External Email - Exercise Caution *** Hi Cindy: Regarding the case number above for project 1400 Cedar Ave. Can you tell me how many units are proposed for this site? Also, do you have any elevations or renderings of the project available for my husband and I to see? We will be unable to attend the meeting next week. Sincerely, Pati Fisher Sent from my iPati CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 2 15 of 26B-16Lofton, Zack From: Sent: To: Subject: Lofton, Zack Friday, March 4, 2022 8:30 AM Anita RE: Background Materials - 1400 Cedar Ave Good morning, Anita: If the Planning Commission does not approve the waiver, the applicant will not be able to build within 25 feet of the north and west property lines. If they intend to continue with the same development, they’d just need to reorient it so it doesn’t go into the setbacks. Sincerely, Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Anita [mailto:trinity3pci@aol.com] Sent: Thursday, March 3, 2022 4:43 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Background Materials - 1400 Cedar Ave *** External Email - Exercise Caution *** Hi Zack Anita here. If the do not approve the wavier. What will happen? Thanks Anita Sent from the all new AOL app for iOS On Thursday, March 3, 2022, 1:53 PM, Lofton, Zack <Zack.Lofton@austintexas.gov> wrote: Hi Anita: Attached are the background materials that are available to the public. Please let me know if you have any questions or comments. 1 16 of 26B-16 Sincerely, Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 2 17 of 26B-16Lofton, Zack From: Sent: To: Subject: Lofton, Zack Tuesday, March 29, 2022 2:47 PM David Carroll RE: Item B24- 1400 Cedar Hi David: Yes, Alejandra is the contact. Her information is below. Have you tried contacting her? Engineer: Alejandra Flores alejandra@civilitude.com Civiltude LLC Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: David Carroll [mailto:davethomasis@hotmail.com] Sent: Tuesday, March 29, 2022 2:44 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Item B24- 1400 Cedar *** External Email - Exercise Caution *** Hi Zack- Are you talking about the civil engineer? I have reached out to them and am happy to do so again. I know them well. From: Lofton, Zack <Zack.Lofton@austintexas.gov> Sent: Tuesday, March 29, 2022 10:59 AM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Good morning, David: I’ve heard from the engineer that they still haven’t hear from you. Can you share a phone they can reach you on? Thanks. Zack Lofton, AICP, CNU-A 1 18 of 26B-16Lofton, Zack From: Sent: To: Subject: David Carroll <davethomasis@hotmail.com> Friday, April 1, 2022 10:08 AM Lofton, Zack Re: Item B24- 1400 Cedar *** External Email - Exercise Caution *** Hi Zack- Thanks for the follow up. Yes, we have touched base and the engineer and developer have agreed to meet with the contact team next week. Thanks, David From: Lofton, Zack <Zack.Lofton@austintexas.gov> Sent: Friday, April 1, 2022 9:26 AM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Good morning David: Hope your week is going well. Not sure if you’ve contacted the engineer yet but I’m happy to share your contact info with them if you like. If so, please let me know how they can contact you by phone since we don’t share interested party email addresses. Thanks, Zack Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: David Carroll [mailto:davethomasis@hotmail.com] Sent: Tuesday, March 29, 2022 2:44 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Item B24- 1400 Cedar *** External Email - Exercise Caution *** 1 19 of 26B-16Hi Zack- Are you talking about the civil engineer? I have reached out to them and am happy to do so again. I know them well. From: Lofton, Zack <Zack.Lofton@austintexas.gov> Sent: Tuesday, March 29, 2022 10:59 AM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Good morning, David: I’ve heard from the engineer that they still haven’t hear from you. Can you share a phone they can reach you on? Thanks. Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Lofton, Zack Sent: Friday, March 25, 2022 3:53 PM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Thanks for sending this over David. And yes, the only catch is that many times they are already in the process when they beginning asking to do more than what is permitted by right. But I understand what you’re saying. Thanks. Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: David Carroll [mailto:davethomasis@hotmail.com] Sent: Friday, March 25, 2022 12:18 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Item B24- 1400 Cedar *** External Email - Exercise Caution *** 2 20 of 26B-16Thanks for the clarification, Zack. Please see attached letter from the contact team. As an aside, it would help if developers met with contact teams early in the process. As it builds mistrust that is hard to undo. There is also a lot of bad information out there, since neighbors don't understand codes and ordinances. Maybe the city can encourage developers to do so? Thanks again, David From: Lofton, Zack <Zack.Lofton@austintexas.gov> Sent: Thursday, March 24, 2022 1:52 PM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Gosh, sorry it’s 25-1-21(49). Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Lofton, Zack Sent: Thursday, March 24, 2022 1:52 PM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Hey David: I was just talking with a colleague and she mentioned where we get our height measures. Before I told you it was Sub F but it’s actually 25-1-121. It basically says the same things (it is the exact same for this particular case) but just wanted to let you know that’s our authority not Sub F. Zack Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true 3 21 of 26B-16For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Lofton, Zack Sent: Monday, March 14, 2022 9:02 AM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar No problem, David. Hope you had a great weekend. Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: David Carroll [mailto:davethomasis@hotmail.com] Sent: Friday, March 11, 2022 3:45 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Item B24- 1400 Cedar Thanks Zack, I knew that was allowable for SubChapter F, but didn't realize you could penetrate the compatibility tent like that. From: Lofton, Zack <Zack.Lofton@austintexas.gov> Sent: Friday, March 11, 2022 3:38 PM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar No problem, David. Height is measured differently for different types of roofs. Since these are gabled, it’s measured from the average of the highest and lowest points of the roof or the highest and lowest points of the dormer, whichever is higher. The part of code that outlines how height is measured is 25-2-SubF - Article 3.4.1. So even though the highest point of the roof may be higher than the regulation height, it can still comply as long as the average is below the regulation height. Let me know if you have any more questions. Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true 4 22 of 26B-16For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: David Carroll [mailto:davethomasis@hotmail.com] Sent: Friday, March 11, 2022 2:55 PM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Item B24- 1400 Cedar Hi Zack- Thanks for the explanation. As for the height, the exhibit seems to clearly show that they are exceeding the compatibility tent- see below. What am I missing? Thanks, Thanks, David From: Lofton, Zack <Zack.Lofton@austintexas.gov> Sent: Friday, March 11, 2022 1:15 PM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Hi there, David: Staff is recommending this compatibility waiver to be approved because the site plan is proposing a “missing middle” housing product that contributes to the housing diversity the City needs and the implications of the waiver are reasonable. In addition, this site plan is in compliance with all other compatibility regulations and zoning regulations. 5 23 of 26B-16You are correct that this waiver is only for compatibility setbacks. The proposed development complies with the compatibility height regulations - this is shown in the background materials. I do realize that it’s fairly nitty-gritty so let me know if you’d like to have a call to discuss it in more detail. Sincerely, Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: David Carroll [mailto:davethomasis@hotmail.com] Sent: Friday, March 11, 2022 10:23 AM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Item B24- 1400 Cedar Zack - Looking at this closer, the waiver looks to be just for the compatibility setback, but this project is also violating the allowable compatibility height of 2 stories/30 feet high within 50 feet of triggering property as well as the 3 stories/40 feet within 100 feet of triggering property. How is this being addressed? Thanks, David From: David Carroll <davethomasis@hotmail.com> Sent: Friday, March 11, 2022 10:09 AM To: Lofton, Zack <Zack.Lofton@austintexas.gov> Subject: Re: Item B24- 1400 Cedar Hi Zack- Could you please explain staff's reasoning for supporting the compatibility waiver on this case? I know that will be a question from the Contact Team. Is there a hardship that we don't know about it? Thanks for your help, David From: Lofton, Zack <Zack.Lofton@austintexas.gov> Sent: Tuesday, March 8, 2022 9:23 AM To: davethomasis@hotmail.com <davethomasis@hotmail.com> Subject: FW: Item B24- 1400 Cedar Good morning, Dave: I am the case manager for the 1400 Cedar site plan and wanted to share the contact information for the applicant, both the engineer and the developer. They asked for your contact info, but instead I asked them to share theirs. They welcome you to contact them to discuss the project. Engineer: Alejandra Flores 6 24 of 26B-16alejandra@civilitude.com Civiltude LLC Developer: Zach Savage zach@zachsavagehomes.com Zach Savage Homes Please let me know if you have any questions. Sincerely, Zack Lofton, AICP, CNU-A Senior Planner, Land Use Review City of Austin Development Services Department PDC Bldg, 6310 Wilhelmina Delco Lane – 2nd Floor 2109.20 Office: 512-978-1735 *The Site Plan team within DSD’s Land Use Review Division is committed to maintaining a high level of review and customer service. Currently, we are experiencing review delays and slower response to customer emails and phone calls. Progress of a review can be tracked online via the following website: https://abc.austintexas.gov/web/permit/public-search-other?reset=true For kudos or immediate concerns, please contact my supervisor Rosemary Avila at rosemary.avila@austintexas.gov or Christine Barton-Holmes at christine.barton-holmes@austintexas.gov Thank you for your patience and understanding, and we look forward to serving you in the near future.* From: Rivera, Andrew Sent: Monday, March 7, 2022 1:06 PM To: David Carroll <davethomasis@hotmail.com> Subject: RE: Item B24- 1400 Cedar Hello Mr. Carroll: Thank you for your email. Please provide a desired postponement date: • April 12, 2022 • April 26, 2022 In the scenario this is a postponement discussion case, please register using the link below. March 8, 2022 Planning Commission Speaker Registration (office.com) Thank you, Andrew From: David Carroll <davethomasis@hotmail.com> Sent: Monday, March 7, 2022 12:59 PM To: Rivera, Andrew <Andrew.Rivera@austintexas.gov>; Shaw, Todd - BC <BC-Todd.Shaw@austintexas.gov>; Hempel, Claire - BC <BC-Claire.Hempel@austintexas.gov> Subject: Item B24- 1400 Cedar *** External Email - Exercise Caution *** Dear Chair Shaw and Vice Chair Hempel, The Chestnut Neighborhood Plan Contact Team respectfully requests that this item be postponed until April to allow the Contact Team to weigh in on this. 7 25 of 26B-16 We reached out the applicant months ago to ask about this project and he has ignored repeated requests to meet with us. Further, we just found out about the compatibility waiver request last week and have not been able to organize a quorum in time to discuss before your meeting tonight. With another month, we feel we could weigh in on this issue properly. Thank you for your consideration, David Carroll Chair, Chesnut Neighborhood Plan Contact Team 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. 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. 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. 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. 8 26 of 26B-16