20240528-015: C14-2024-0040 - 5725 W Hwy 290; District 8 — original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 8 TO: GR-DB90-NP CASE: C14-2024-0040– 5725 W US Hwy 290 ADDRESS: 5725 W US Highway 290 Eastbound ZONING FROM: GR-NP SITE AREA: 6.527 acres PROPERTY OWNER: Cheryl Ogle AGENT: DuBois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combining district zoning. Staff recommends granting the applicant’s modification request to not provide pedestrian-oriented commercial space. See details on recommendations on following pages. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: CITY COUNCIL ACTION: July 18, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted a rezoning application to request the -DB90 combining district. Case number C14-2024-0040 Page 2 The property is located within the Oak Hill Combined Neighborhood Plan Area (East), and the current FLUM (Future Land Use Map) designation is Neighborhood Mixed Use. A Neighborhood Plan Amendment (NPA) is on file with a request to change FLUM to Mixed Use and is proposed to be heard at the May 28, 2024 Planning Commission. This site plan is currently on hold in the final review process, as it was submitted pursuant to the Commercial-Residential program (Ordinance No. 20221201-055), and did not require or propose a ground floor commercial use. The DB90 ordinance requires 75% of the ground floor to contain pedestrian-oriented commercial spaces when fronting a principal street, however, the Ordinance also allows for modification to this requirement when the site abuts certain roadways. The site abuts a highway (principal street) and also two suburban roadways, both of which are eligible roadways to request this modification. Staff recommends granting the applicant’s modification request to not provide pedestrian-oriented commercial space. CASE MANAGER COMMENTS: The site is located at W US Hwy 290, Westcreek Drive and Old Fredericksburg Road within the East Oak Hill Neighborhood Plan area. The Property is comprised of a vacant office building consisting of a building that was primarily formerly used as a bank with accompanying 10-lane drive through facilities. To the north of the site is US Hwy 290. To the east across Westcreek Drive are Auto Repair Services and Consumer Repair Services (GR-NP; GR-CO-NP), and two AISD schools (Patton Elementary and Clint Small Middle School) (SF-2-NP). Across Old Fredericksburg Road to the south are Administrative and Business Office uses, Medical Office use and Child Care Service use (LO-NP; LR-NP). To the west are Administrative and Business Office use and Mobile Home Residential use (LR-NP; MH-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is requesting community commercial– density bonus 90 – neighborhood plan (GR-DB90-NP) combining district for a proposed development that would include multi- family units requiring an affordable component. A building constructed under density bonus 90 (–DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of 330 residential units. A development utilizing the “density bonus 90” incentives is permitted with a base GR zoning district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the GR zoning district (60 feet base plus 30 feet incentive) and relaxation of development and compatibility standards, such as FAR, setbacks and building coverage. There are several methods of satisfying DB90 development affordability requirements. There are two options for projects including rental units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or Case number C14-2024-0040 Page 3 2) a minimum of 10% of the rental units are affordable for a 40-year period as described above for households earning 50% or less MFI. There are two options of satisfying DB90 development affordability requirements which include ownership units: 1) a minimum of 12% of the rental units in a building are affordable for a 40-year period for households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or 2) an in-lieu-fee payment to the Housing Trust Fund, equivalent to the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission. The site plan for this property is currently under review pursuant to an Ordinance which was subsequently invalidated by Court ruling. This current request for the -DB90 combining district continues to align with City objectives to increase density and affordability in exchange for relaxed development standards. BASIS OF RECOMMENDATION: 1. The rezoning should be consistent with the policies and principles adopted by the City Council. City Council has provided policy and direction for having more residential density and increased affordability, as well as incentivizing vertical mixed use buildings throughout the City. City Council previously approved rezoning this property to allow for dense residential development. This request is consistent with the density bonus option and Ordinance No. 20240229-073, which replaced the invalidated options. 2. The proposed zoning should be consistent with the purpose statement of the district sought. The Community Commercial (GR) district is intended for office and commercial uses serving neighborhood and community needs, including both unified shopping centers and individually developed commercial sites, and typically requiring locations accessible from major traffic ways. Ordinance No. 20221201-055, currently invalidated, was known as “Residential in Commercial” program and permitted residential use within the GR district. The proposed density bonus 90 (DB90) combining district, in exchange for providing affordable housing units and in combination with commercial base zoning districts, allows a mixture of office, retail, commercial, and residential uses with modifications of compatibility standards and site development regulations including increased building height. The Neighborhood Plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. Case number C14-2024-0040 Page 4 3. Zoning should promote clearly-identified community goals, such as creating employment opportunities or providing for affordable housing. This rezoning authorizes a property to participate in a voluntary density bonus or incentive program that provides modifications to development regulations or other regulatory-related benefits in exchange for community benefits. In exchange for increased development potential, the development is required to comply with affordable housing requirements. EXISTING ZONING AND LAND USES: ZONING Site North N/A South LO-NP; LR-NP GR-NP East West GR-NP; GR-CO-NP; SF- 2-NP LR-NP; MH-NP LAND USES Industrial warehouse buildings US Hwy 290 Administrative and Business Office uses, Medical Office use and Child Care Service use Auto Repair Services and Consumer Repair Services; AISD schools Administrative and Business Office use and Mobile Home Residential use Austin High School SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: Oak Hill Combined (East) WATERSHED: Barton Creek CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Patton Elementary Clint Small Middle School COMMUNITY REGISTRY LIST: Austin Independent School District, Aviara HOA, Covered Bridge Property Owners Association, Inc., East Oak Hill Neighborhood Association, Friends of Austin Neighborhoods, Neighborhood Empowerment Foundation, Oak Acres Neighborhood Association, Oak Hill Association of Neighborhoods (OHAN), Oak Hill Neighborhood Plan COA Liaison, Oak Hill Neighborhood Plan Contact Team, Oak Hill Trails Association, Save Barton Creek Assn., Save Our Springs Alliance, TNR BCP Travis County Natural Resources, Westcreek Neighborhood Association AREA CASE HISTORIES: NUMBER C14-2019-0099 - 6020 Old Fredericksburg Road CITY COUNCIL Apvd SF-3-NP as Commission recommended (10-3- 2019). COMMISSION To Grant SF-3-NP (9/10/2019) REQUEST SF-2-NP to SF- 3-NP Case number C14-2024-0040 Page 5 C14-2013-0018 – 6110 Hill Forest Drive SF-3-NP to SF- 5-CO-NP Apvd SF-5-CO-NP as Commission recommended (6/6/2013) To Grant SF-5-CO-NP, with conditions on number of units, height, use restrictions, buffers and compatibility (5/14/2013) Apvd 12/11/2008 C14-2008-0129 – Oak Hill Combined NP (East) . RELATED CASES: NPA-2023-0025.01 – requesting change from Neighborhood Mixed Use to Mixed Use FLUM designation Site Plan - SP-2023-0276C – submitted July 19, 2023 and on hold/under review ADDITIONAL STAFF COMMENTS: Drainage The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. Environmental This site is located over the Edwards Aquifer Recharge Zone. The site is in the Barton Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. It is in the Drinking Water Protection Zone. Project applications at the time of this report are subject to the SOS Ordinance that allows 15% impervious cover in the recharge zone. According to floodplain maps there is no floodplain within or adjacent to the project location. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2 year storm on site. Runoff from Case number C14-2024-0040 Page 6 the site is required to comply with pollutant load restrictions as specified in Land Development Code. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. PARD – Planning & Design Review Parkland dedication will be required for the new applicable uses proposed by this development, multifamily with GR-DB90 zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. Site Plan Site plans will be required for any new development other than single-family or duplex residential. Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. A 25 foot compatibility buffer is required pursuant to the density bonus 90 program, LDC 25-2. Austin Fire Department No comments. Austin Transportation Department – Engineering Review The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) Old Fredericksburg Rd. Level 2 84’ 60’ 43’ Yes Yes Yes Case number C14-2024-0040 Page 7 Westcreek Dr. Level 2 84’ 60’ 42’ Yes Yes Yes W US 290 HWY SVRD EB Level 4 39’ Yes Coord. With TxDOT Coord. With TxDOT Yes Coord. With TxDOT Austin Water Utility No comments. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Applicant’s Summary Letter Public correspondence LO-CO-NP GR-CO-NP N OAK BLVD 86-077 C14R-86-077(RCA) C14-2013-0006 NPA-2013-0025.01 C14-96-0161 LO-MU-CO-NP LO-CO-NP D LV K B A W O ( ( ( S O A K B LV D ( ( ( SF-2-NP ( ( SF-2-NP SF-3-NP SF-2-NP ( E O A K B L V D ( ( ( ( SF-2-NP ( ( ( ( SF-2-NP ( O A K B L V D R86-46RC GR-NP ( ( RETAIL OFFICE SHOPPING CENTER 95-0090 DENTIST 92-34 86-77 95-0098 DRIV E- IN BANK GR-CO-NP VACANT ( NURSERY W U S 2 9 0 H W Y S V R D W B AUTO REPAIR & LIGHT INDUSTRIAL C14-05-0023 RR-NP IP-NP C14R -85-359 85-359 CS-NP GR-CO-NP AUTO\PARTS\REPAIR ! ! ! ! ! ! ! ! SP-04-0909C ! ! ! ! C14-04-0123 ! CS-CO-NP ! ! ! ! AUTO\SALES C14-94-0120 02-0188 C14-02-0188 94-0120 ! ! ! ! ! ! ! ! ! M O N T E R E Y O A K S T O W 2 9 0 W B R A M P W U S 2 9 0 H W Y W B GR-NP W 290 EB TO M ONTEREY OAKS RAMP GR-NP DR-NP GR-MU-NP GR-NP D G R R U B OFFC S K R I C ! ! ! ! GR-CO-NP S P 9 6 - 0 2 4 4 C ! ! SP-94-0062C GR-NP E D E R L D F O ! ! ! ! ! ! ! ! W U S 2 9 0 H W Y E B ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! BANK W U S 2 9 0 H W Y S V R D E B M.H. PARK MH-NP 82-115 ! ! ! ! ! ! ! ! ! ! ! ! NPA-2016-0025.02 ! ! GR-NP C14-2008-0129 SF-2-NP SF-2-NP M.H. PARK ( ( C14-2019-0099 SF-3-NP 03-0044 C14-03-0044 LO-CO-NP ! ! ! ! ! ! ! ! LR-NP ( ! ! 82-115 ! ! ! ! ! ! ! ! ! ! W E S T C R E E K ! ! D R ! ! DR-NP P-NP POST OFFICE = = = DUPLEXES = DUPLEXES = SF-3-NP = = = = = VALIANT CIR SF-3-NP ( ( ( ( ( ( ( PORSCHE LN ( ( ( ( 82-115 ( SF-2-NP ( ( ( ( ( N U R E L E E T S ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( SF-2-NP ( B A D G E R B N D ( ( ( ± S E X E L P U D ( ( = SF-2-NP DUPLEXES = = LO-NP = = = ( N L S Y A J ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( ( IRIS LN ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( ( ( ( H O N E ( Y D E ( ( W T E R ( ( ( SF-2-NP ( ( ( ( ( ( ( ( L R K T A H O IT M S ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( WOLF RUN ( ( ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY VACANT ! ! SP-04-0207C ! ! ! ! ! ! ! ! ! ! ! ! ! ! OLD FREDERICKSBURG RD SP-01-0284C SP-04-0155C LO-NP OFFICES OFFICES ( ( ( ( ( P83-62 82-115 CHILD\CARE LR-NP 77-61 ( ( ( SF-3-NP ( ( ( ( ( ( SF-2-NP ( ( ( ( 83-243 ( ( ( ( ( R D A T S I V N U S ( ( ( ( ( ( ( ( ( ( ( ( X E ( L P U D ( ( ( ( ( ( R D W E D G N I N R O M ( ( ( ( ( ( ( ( ( ( SF-2-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( APTS SF-6-NP ( SF-2-NP ( ( NPA-2009-0025.01 NPA-2013-0025.04 C14-2013-0018 SF-5-CO-NP R D T S E R O F L L I H SF-2-NP ZONING ZONING CASE#: C14-2024-0040 AUSTIN INDEPENDENT SCHOOL DISTRICT SF-2-NP 82 -115 SP88-282C ELEMENTARY SCHOOL SF-3-NP V C A N A C DUPLEXES 77-61 SF-3-NP MF-2-NP SF-3-NP C14-97-0134 MF-1-CO-NP MF-2-NP RR-NP C14-86-132 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 3/22/2024 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=!=D19D20C14-2024-0040C14-2008-0129NPA-2016-0025.02C14-96-0161NPA-2013-0025.01C14-2013-0006C14R-86-077(RCA)NPA-2009-0025.01C14-04-0123C14-2013-0018NPA-2013-0025.04C14-97-0134C14-94-0120C14-03-0044C14-02-0188C14-05-0023C14-2019-0099C14-86-132W US 290 HWY EBW US 290 HWY WBW US 290 HWY SVRD EBW US 290 HWY SVRD WBWESTCREEK DRSMITH OAK TRLSUN VISTA DRWOLF RUNPORSCHE LNW OAK BLVDMORNING DEW DRS OAK BLVDOAK BLVDHONEY DEW TERVALIANT CIRE OAK BLVDN OAK BLVDCANA CVIRIS LNMONTEREY OAKS TO W 290 WB RAMPHILL FOREST DRJAYS LNW 290 EB TO MONTEREY OAKS RAMPOLD FREDERICKSBURG RDSTEELE RUNBADGER BNDOLD FREDERICKSBURG RDSF-2-NPGR-CO-NPSF-2-NPSF-2-NPGR-NPMH-NPSF-2-NPSF-2-NPP-NPSF-2-NPGR-CO-NPSF-2-NPSF-2-NPSF-2-NPCS-NPLO-MU-CO-NPSF-2-NPSF-2-NPSF-2-NPGR-NPLO-NPSF-3-NPCS-CO-NPSF-3-NPSF-3-NPSF-3-NPIP-NPSF-3-NPSF-2-NPSF-3-NPSF-2-NPSF-2-NPSF-3-NPMF-2-NPSF-5-CO-NPLO-NPSF-6-NPLR-NPLR-NPGR-NPGR-NPMF-1-CO-NPSF-3-NPRR-NPSF-3-NPGR-CO-NPDR-NPLO-CO-NPLO-CO-NPGR-NPGR-NPGR-MU-NPSF-2-NPDR-NPSF-2-NPRR-NPMF-2-NPLO-CO-NPSF-2-NPGR-CO-NPSF-2-NPSF-2-NP5725 W US HWY 290 EB±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2024-00405725 W US Hwy 290 EB6.5 AcresD19Marcelle BoudreauxCreated: 5/13/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100Feet March 18, 2024 David Hartman (512) 685-3409 dhartman@dbcllp.com 303 Colorado, Suite 2300 Austin, TX 78701 www.dbcllp.com Lauren Middleton-Pratt Director, Planning Department City of Austin 1000 E 11th Street, Suite 200 Austin, Texas 78702 Re: Dear Ms. Middleton-Pratt: Rezoning Application for approximately 6.527 acres located at 5725 W US Highway 290 Eastbound, Austin, Texas (“Property”) We respectfully submit the enclosed zoning application for 5725 W US Highway 290 Eastbound as representatives of the owner of the above stated Property. The enclosed zoning application is submitted pursuant to Ord. No. 20240229-073 (“DB90 Ordinance”), and as such qualifies for waived application fees and expedited processing as provided in Part 5 of the DB90 Ordinance. The Property is comprised of a vacant office building consisting of a building that was primarily formerly used as a bank with accompanying 10-lane drive through facilities (note that the bank lease has expired). The current zoning of the Property is GR-NP (Community Commercial - Neighborhood Plan), and we are requesting GR-DB90-NP (Community Commercial – Density Bonus 90 - Neighborhood Plan) zoning for the entire Property. A site development permit application (#SP-2023-0276C) was submitted July 19, 2023, authorizing development of a multifamily project on the Property pursuant to the “Residential in Commercial” Ord. No. 20221201-055 (“Residential in Commercial Ordinance”). This site plan application has undergone multiple rounds of site plan staff review comments/responses, and is essentially final and ready for issuance. Pursuant to 25-2-652(F)(3)(e) of the DB90 Ordinance, we request in connection with this rezoning case that the requirements of 25-2-652(F)(3)(b) of the DB90 Ordinance are not applicable to the development of the proposed multifamily development on the Property. The foregoing request for this zoning case comports with the site plan #SP-2023-0276C for the Property that has been reviewed pursuant to the terms and provisions of the Residential in Commercial Ordinance, that does not require pedestrian-oriented commercial use. The Property is located within Oak Hill Combined Neighborhood Plan Area (East). The Future Land Use Map shows the Property as Neighborhood Mixed-Use, and a NPA application (NPA-2023- 0025.01) has been filed requesting to change the FLUM designation to “Mixed Use.” If you have any questions about the rezoning application or need additional information, please do not hesitate to contact me at your convenience. Very truly yours, David Hartman 3980320.3  City Hosted Community Meeting – April 25, 2024 regarding NPA # 2023-0025.01 at 5725 W US HWY 290 4046373.1 May 19, 2024 Regarding: Citizen/Neighborhood Resident Feedback on NPA Case Site Plan: SPC-2023-0276C Case Number: NPA-2023-0025.01 Neighborhood Plan Amendment Request: To change the future land use designation for the specified properties within the Oak Hill Combined neighborhood plan from Neighborhood Mixed Use to Mixed Use. 5725 W. US Hwy 290 EB, Austin, TX Dear City of Austin staff and Planning Commission Members: I write in hopes that my concerns, which echo many in my community, are heard and taken into serious consideration as you review this case. Why this is important to me and my neighbors I am a 22-year Westcreek neighborhood resident/homeowner and formerly served on the Westcreek Neighborhood Association (WNA) Board in several positions to include several years as president. I have also been involved with several Westcreek/COA traffic calming initiatives, Westcreek/COA Safe Routes to Schools initiatives, Westcreek beautification projects (to include a large park and trailhead project with the COA's Neighborhood Partnering Program) and served as neighborhood watch chair over the years. Additionally, I have been involved with several zoning, FLUM, and neighborhood planning cases both in Westcreek and SW Austin, to include participating on the Oak Hill Neighborhood Planning Contact Team (OHNPCT). I was very involved in the zoning and neighborhood challenges and agreements regarding Westcreek’s 6110 Hill Forest lot and worked with the then-developer and City Council to come to a mutually agreeable and reasonable plan for the property. I included this personal information to convey how invested I am in our neighborhood and how familiar I am with the impacts of development on the surrounding area’s infrastructure, traffic congestion and speeding, pedestrian and bicycle safety, school overcrowding, and affordability. Purpose of this letter Below is some history and concerns about the proposed development based on first-hand knowledge of this area and the information made available to our community thus far. Also attached are photos showing the congestion, regular illegal parking, parking zones that need adjusting, and limited sight distances in this area. Although the following issues may need to be addressed down the line (the developer is also requesting to rezone from GR-NP to GR-DB90-NP), it is not unreasonable for people in our community to ask for these matters to be considered ahead of this process which we expect to push through with ease along the city decision pipeline once this - the first step - is completed. If solutions to these issues as proposed below are not addressed through documented agreements, I cannot support the developer’s requests to change the future land use. Again, I realize that this is very early in the process and that the solutions proposed below are addressed as a site plan and design is developed and during the city’s review and requirements process; however, without knowing that these current issues will be addressed and that a development of this size will only exacerbate problems that are only getting worse over time, I cannot support further strain on this area. Consequences from development need to be looked at early on and it is not feasible to simply accept that consequences will be addressed when the “time is right”. Affordable Housing Issue: • According to a May 7, 2024 article from the Austin Monitor https://www.austinmonitor.com/stories/2024/05/council-oks-restrictive-covenant-for-southwest- parkway-apartments/) District 8, which lacks affordable housing, is performing well below target 1 goals of the 2017 Strategic Housing Blueprint. The proposed development could be a significant contributor to adding affordable housing to this area. Solution: • If the developer were to commit to percentages similar to the 8413 Southwest Parkway development (see article), there would be a substantial percentage of affordable units at this complex. If an agreement like this can be made on Southwest Parkway, it can certainly be made in our neighborhood/area. • Affordable housing at these percentages would benefit this area considerably and would garner support from area residents. Existing Westcreek Drive Traffic Hazards Issue: • Westcreek Drive is a heavily used main artery for the neighborhood, only one of three entrances/exists for the neighborhood, and is in need of significant changes to parking and safety measures for the high-volume pedestrian and vehicle traffic. The proposed development will border Westcreek Drive, Hwy 290 W frontage (eastbound), and Old Fredericksburg Road (westside of Westcreek Drive). The development will add a considerable amount of additional vehicles and pedestrians to this area. • Further information: o Westcreek Drive Issues: § major cut-through • for non-resident traffic (not only due to traffic and Oak Hill Parkway construction, but also due to convenience to nearby shopping and neighborhoods) § near-miss vehicle and pedestrian accidents • occur on a regular basis. Personal experience with it as well as seeing it. § borders the grounds of two AISD schools, a daycare/preschool, existing retail, and a high-volume soccer association practice and tournament field (AISD land leased by Lone Star Soccer) § extremely heavy pedestrian use • there is no AISD bus service for Patton ES nor Small MS as it is all walking distance for children in Westcreek and surrounding housing • due to daily Lone Star Soccer practices and tournaments § Limited parking • vehicles must also park along Old Fredericksburg Road (both sections) and in Patton Elementary's parking lot to access the schools and/or the soccer fields • The Bank of America lot (where the proposed development will be located) has no parking for soccer signs and towing warning signs because the soccer parking is so problematic in the area. However, the property owner has allowed soccer parents to park in the paved lot and/or the vacant field portion of the lot for a fee during higher-volume times such as tournaments. This actually helps with the illegal parking. However, this will obviously not be an option when a development is built. § illegal parking • vehicles parking beyond signage and parking zones is a daily occurrence, to include parking over crosswalks and blocking ADA sidewalk ramps. • Vehicles illegally park even when there is room to park along Old Fredericksburg Rd. Instead of parking a short distance away and walking, there are always vehicles that ignore the no parking zones. § vehicle driver visibility is severely limited • especially where Westcreek Drive intersects with Old Fredericksburg Road, due to heavy parking on both sides, especially difficult when cars illegally park 2 • when cars are parked along the street, in order to turn left or right from any side street or ingress/egress onto Westcreek Drive it is necessary to pull into the street in the way of oncoming traffic to be sure it is clear. This puts a vehicle into the path of oncoming and unsuspecting traffic as travelers’ visibility is impacted. o Past Efforts to Mitigate Westcreek Drive issues: § This area is such a traffic, parking, and pedestrian hazard that the following efforts and initiatives have been pursued: • Westcreek WNA worked with COA to o o install two crosswalks with a pedestrian state law crossing sign near Old Fredericksburg Rd (both the east and west portion) install pedestrian islands at Westcreek Drive and Morning Dew Drive as well as Hill Forest (on other side of Patton Elem.) • Westcreek residents and the WNA have o ongoing requests to the COA to adjust the no parking zones at several Westcreek Drive locations and/or pursue other remedies due to limited visibility and illegal parking exacerbating the issues. An AISD crossing guard recently provided an interview to a city the engineer about children/parents face during her daily shifts. repeatedly asked for APD to ticket for illegal parking, but it has been several years since APD has had the resources to address this. issues and dangers she and the o o made several requests to Lone Star Soccer over the years to stress to the players' parents to not illegally park. Unfortunately, nothing has changed. Solutions: • Traffic Calming Measures o City of Austin provide for traffic calming measures (to include addressing illegal parking) on Westcreek Drive. At the very least, this could be done along the portion from Hwy 290 frontage the daycare/preschool) where the development borders. See note below regarding issues in front of Patton Elementary. § Parking Zones to Old Fredericksburg Road (west portion is adjacent that to • Unfortunately, no parking signs, which are currently in place, are not enough. There is no chance that law enforcement will be able to address this. Rubber bollards are an eyesore. A permanent pavement/sidewalk adaptation to the no parking zone areas is necessary to prevent illegal parking for the safety of pedestrians and vehicles. • Adjust the no parking zones in certain areas to address limited site visibility and proximity to pedestrian crossing strips. This is especially an issue in the following areas: o BOA lot has 1 of 3 ingress/egress locations that is just a few feet away from an allowable parking zone and has another 1 of 3 that is just a few feet away from a pedestrian crossing strip (on both the west and east side of Westcreek Drive and near the Old Fredericksburg Rd. west section) o parking areas along Westcreek Drive’s east side where they are too close to intersection with the Old Fredericksburg Rd. east section. • Additional note - the development will result in an inevitable increase of pedestrian and vehicular traffic and student enrollment at Patton Elementary and Small Middle School. The City of Austin needs to adjust parking zones at the Morning Dew and Westcreek Drive intersection (on east side of Westcreek Drive) in front of Patton Elementary 3 § Beacon crossing sign § Speed Limit Reduction o This may be an option for a heavily used crossing on Westcreek Drive; however, it will be ineffective if the parking zones and the permanent barriers to illegal parking are not addressed. • The majority of Westcreek Drive is a school zone. When school zone times are not applicable, Westcreek Drive is currently 30 MPH. Reducing the entire street to 25 MPH should be considered. I realize, of course, that the effectiveness of reducing the speed is reliant upon drivers obeying the law. Development’s Egress and Ingress Concerns Issue: • There are currently three egress/ingress locations on Westcreek Drive for the Bank of America lot. There is one egress/ingress off of Hwy 290 frontage road. o Dangers posed by number and locations: § Egress #1: The egress/ingress on Westcreek Drive (as a vehicle turns right (south) from Hwy 290 Frontage onto Westcreek Drive) is dangerous because vehicles driving highway speed eastbound on Hwy 290 frontage road take their right turn on to Westcreek very quickly and are suddenly upon this egress/ingress. § Egress #2: • Situated so closs to the parking zones and to the other egress/ingress that it is both unnecessary and dangerous where there is next to zero visibility for people exiting the complex and for those driving on Westcreek watching for those exiting. Illegal parking here exacerbates this issue. • Egress #3: situated so close to parking zones and to a pedestrian crossing strip that it is very dangerous for entering/exiting vehicles, pedestrians, and traff on Westcreek Drive o Remove egrees #1 completely. o Reduce egress/ingress on Westcreek Drive to at least 2, adjust parking zones and provide safe distances from pedestrian crossing strips. o Create an additional egress/ingress on Hwy 290 frontage road Solutions: • At the very least • Additional option Traffic Impact Analysis is Necessary Issues: • During an 08/02/2022 meeting I attended with Westcreek Board and Oak Hill Planning Contact Team members and the developer, the developer answered that they would do a TIA. • From viewing current information on the city’s site, the paperwork indicates that no traffic impact analysis is necessary. § DB90 Application dated 03/13/2024 is marked as “Site Plan” (though we are in § The application indicates 1250 Trips Per Day for the bank yet only 1528 Trips Per development assessment at this time). Day for the proposed complex § This is only 278 more Trips Per Day. § there is now next-to-zero traffic utilizing this complex, the complex has always had extremely light traffic use even when tenants were in place. It is rare to see anyone enter or exit this property. § In fact, the property owner had to put up "NO SOCCER PARKING" signs to discourage parents from parking in the lots as they are always empty and the street parking is always full. This has been the case for decades. § Additionally, in past documents posted to the city’s website, the TIA application indicated that no TIA was necessary and that the current 4 property has 2929 trips per day. The development TPD was also at 1528 on that document. The very same document indicated that a TIA would be performed by the city. It is unclear why there were 2929 TPD in late 2023 yet now there are only 1250 TPD in May 2024. o In view of this, a 300+ unit apartment complex with retail will certainly generate a great deal more traffic than the current business complex. • Perform a traffic impact analysis at this site to get realistic data. Should be performed during a school year at school start or dismissal times and during soccer playing at the fields to get a realistic view of the true traffic situation as it stands without a development here. Impervious Cover and Flooding Issue: Solution: Solution: • Flooding occurs in Westcreek Neighborhood, even in areas that are blocks away from homes along Williamson Creek. Adding impervious cover to this area will exacerbate the issue and lead to more issues. • Confirm in writing that the impervious cover of this development will not exceed the current property's impervious cover. Thank you for considering this information and evaluating how these issues can be addressed and committed to so that a development added to this area is a benefit for Austin residents and does not lead to more problems for current and future residents. Best regards, Jennifer Voss Westcreek Neighborhood Resident cc: Westcreek Neighborhood Association Board Attachment – photos of area around proposed development 5 Pictures of Westcreek Drive showing egress/ingress from bank lot, parking zone signs (and proximity to egress/ingress and to intersections and to crosswalks), traffic, illegal parking, etc. (pictures taken over a period of time) 1st of 3 Egress/ingress to property that is just feet away from where 290 frontage intersects with Westcreek Drive. Facing (north) at 2nd of 3 egress/ingress (facing Hwy 290 / frontage road)  Facing (south) at 2nd of 3 egress/ingress into property Parking signs go up so close to egress/ingress that there is only about a car length of room – illegal parking occurs here so this leaves even less view.  When parking is allowed by property owner for a charge paid for by soccer club  Facing south at 3rd egress/ingress of 3. Hardly any room between egress/ingress and crosswalk and no parking zone  View of 3rd egress/ingress where crosswalk is - facing north (the east portion of Old Fredericksburg Road is on right side of photo – also parking and crossing hazards) Facing north at 2nd egress/ingress Facing north -Soccer field egress/ingress, Old Fredericksburg Road (east side) and crosswalk in middle of it. The no parking sign is up against an egress/ingress and intersection Typical view during weekday evenings and Saturdays/Sundays     Facing south – approaching the intersection with Old Fredericksburg Rd (west portion) and a crosswalk  Truck illegally parked here leaves no visibility to traffic trying to pull out from Old Fredericksburg Rod. Illegal parking even when there’s space to park legally White Chevy pulled out due to poor visibility from parking on east side of Westcreek Drive, resulting in having to slam on brakes to avoid an accident.  Parking goes all down Old Fredericksburg Rd. for soccer field participants Overflow parking at Patton Elementary Illegal parking along the west side of Westcreek Drive Red arrow shows where no parking zone starts     This is view from Morning Dew Drive (facing east) and sitting behind the crosswalk to show how site visibility is poor and requires pulling onto Westcreek Drive to be sure it is clear to turn left. If there was a car parked in between the 2 cars shown here, the visibility would be even worse. This is view from Morning Dew Drive looking north towards Westcreek Drive and having to enter onto Westcreek Drive and get in traffic’s way in order to see if any traffic is coming. Meredith, Maureen Boudreaux, Marcelle FW: Response to Case C14-2024-0040 Tuesday, May 21, 2024 9:28:16 AM From: To: Subject: Date: From: Ross LyBrand Sent: Tuesday, May 21, 2024 6:53 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov>; marcelle.budreaux@austintexas.gov Subject: Response to Case C14-2024-0040 You don't often get email from . Learn why this is important External Email - Exercise Caution Maureen/Marcelle, I’m writing in again about related zoning case C14–2024–0015. Not only are my sentiments on this rezone request a no, but they are a hard hell fuck no, as is every person I’ve talked to in this neighborhood of Westcreek. WHY THE FUCK IS THIS EVEN IN APPLICATION CITY OF AUSTIN? Can’t you sniff out anything for fucks sake. This developer is lying about their intent, but they are doing it in plain sight with the DB-90 ask/add (taking cues from City Council). This developer cannot make the construction of their deal work without this designation and rezone by the current owner because interest rates are too high so they think us taxpayers are communist fucks like them and we should pay for everything by giving them this designation so they can qualify for CDBG Grants and funding (FREE GOVERNMENT TAXPAYER MONEY). The current owner can only get her sales asking price that she wants for this land if she adds this designation, then flips it to the developer. Both of these fucking assholes think that my neighborhood needs more affordable housing, but we already have Alexander Oaks. You tell those son of a bitches they are NOT WELCOME. If I weren’t going to be out of town on 5/28 (sneaky ass scheduling around the holidays) I’d be there with my boots to stick straight up a lying motherfuckers ass. I want fucking answers NOW, why the FUCK wasn’t app rejected? Ross LyBrand CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT "cybersecurity@austintexas.gov."  Oak Hill NPCT Leigh Ziegler, Chair Anne Hawken, Vice Chair Rita Berry, Secretary RE: NPA2023-0025.01, C14-2024-0040 Planning Commission, The Oak Hill NPCT is only in support of the re-development of the existing BoA site for any change in density that recognizes the limitations of this Lot within the Neighborhood Mixed Use status. Despite numerous proximal MF locations, if the developer should choose MF use on the site, the OHNPCT and the Westcreek Neighborhood Association can offer committed support toward development under the GR zoning appropriately limited by infrastructure status and school safety. Please review slides: 5725 W Hwy 71 summary points_planning_commission (1).pptx This is a unique and valuable property on a corridor with little public walkable frontage property on the Oak Hill Parkway and surrounding roadways. It is an Oak tree haven upon an elevated site encompassed by re-routed drainage across the Parkway to Gaines Creek- to the Barton Spring Zone and the DWPZ despite being primarily in the Williamson Creek Watershed. First and foremost, the Westcreek Neighborhood appreciates the complexity of the application requesting a land use change for which there appears to be little justifiable entitlement in an application that assumes but appears unqualified for the “Re-development Exception”. If public safety and welfare of the neighboring 3 adjacent schools and a soccer field were not a consideration “residential in commercial” might also be applicable. Instead, we ask that you recognize the overlooked impact of rapidly changing rules and regulations which should not interfere with the best and safest outcome. The community humbly requests no change in land use but instead recommendation for a conditional overlay at this time to be attached to the SP, currently in progress, to improve and hopefully gain another asset. While the community is open to a Neighborhood Mixed use capacity, restrictions from the current zoning and land use seems appropriate here. A conditional overlay could add necessary flexibility and safety that allow for development. Thank you for your support. Leigh Ziegler, OHNPCT Chair Rita Berry, OHNPCT Secretary & Westcreek Neighborhood Association President