09 C14-2024-0116 - 1200 W 49th St; District 7 Staff report draft — original pdf

Backup

ZONING CHANGE REVIEW SHEET DISTRICT: 7 CASE: C14-2024-0116– 1200 W 49th St ADDRESS: 1200 West 49th Street ZONING FROM: LO-MU-ETOD-DBETOD-NP TO: GR-MU-ETOD-DBETOD-NP SITE AREA: 0.33 acres PROPERTY OWNER: Grover Office Partners LLC (Michael Polombo) AGENT: HD Brown Consulting LLC (Amanda Brown) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial- mixed use- equitable transit-oriented development- density bonus ETOD- neighborhood plan (GR-MU- ETOD-DBETOD-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: November 12, 2024: CITY COUNCIL: ORDINANCE NUMBER: ISSUES: In 2024, the City created a transit-supportive overlay district intended to support the Project Connect Phase 1 Austin Light Rail project. Properties within half-mile of the Phase 1 Austin Light Rail alignment and Priority Extensions were included within this overlay, and certain properties were rezoned through a City-initiated process to include the ETOD and DBETOD combining districts. Further, properties rezoned with DBETOD combining district were categorized into Subdistrict 1 (maximum allowable height of 120 feet when complying with affordable housing requirements) or Subdistrict 2 (maximum allowable height of 90 feet when complying with affordable housing requirements), generally based on property distance of ¼-mile or ½-mile from the Phase 1 alignment, respectively. C14-2024-0116 Page 2 This subject site was included in that City-initiated rezoning to add the combining districts and to assign location within Subdistrict 2, effective in July 2024. However, that rezoning process did not modify any base district zoning, which is the subject of this request. No Conditional Overlay has been recommended for the site due to the ETOD overlay use prohibitions and conditional uses. Although allowed in the GR base zoning district, these uses are prohibited within the ETOD overlay: Automotive Rentals; Automotive Repair Services; Automotive Sales; Drop Off Recycling Collection Facility; Exterminating Services; Funeral Services; Research Services; and Service Station. Although allowed in the GR base zoning district, these uses are conditional within the ETOD overlay: Automotive Washing of any type; Bail Bond Services; Commercial Off-Street Parking; Communications Services; Off-Site Accessory Parking; Pawn Shop Services; Pedicab Storage and Dispatch; and Special Use Historic. On September 16, 2024, City of Austin staff sponsored a virtual community meeting to provide an opportunity for the neighborhood plan contact team, nearby residents, property owners, and any other interested parties to discuss the proposed development and the neighborhood plan amendment request. CASE MANAGER COMMENTS: The subject rezoning area is approximately 0.33 acres, located at the corner of West 49th Street and Grover Avenue, one block from Burnet Road which is an Imagine Austin Activity Corridor. This portion of 49th Street is an ASMP level 2 Transit Priority street, and exhibits three bus line routes: Metro Rapid Bus Route (803) with a stop less than ¼-mile from the site, and two other bus lines (local and crosstown) with a stop immediately across the street from the site. Goods and services, as well as other transit options, are located along Burnet Road, which is walkable from the site (approximately .15 miles or one block). The site is developed with a single-story commercial building and associated parking, and is currently zoned within the ETOD overlay, Subdistrict 2. Surrounding development includes offices, church, daycare and single family, duplex and multi-family residential, and diversity of commercial, mixed use residential and other uses on Burnet Road. Across Grover Avenue to the east are mid-rise State office buildings and the grounds of Texas School for Blind and Visually Impaired. (LO-MU-ETOD-DBETOD-NP; UNZ; SF-3-NP; MF-2-ETOD- DBETOD-NP; LR-MU-CO-ETOD-DBETOD-NP; CS-MU-V-CO-ETOD-DBETOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is requesting community commercial – mixed use – equitable transit-oriented development – density bonus equitable transit-oriented development – neighborhood plan (GR-MU-ETOD-DBETOD-NP) combining district zoning and to remain in Subdistrict 2, which would allow a development to include multi-family units requiring an affordable component in targeted areas to support future transit. A building constructed under ETOD and DBETOD standards allows for a mix of residential uses and transit-supportive commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. Those uses deemed non-transit-supportive have been prohibited or made as conditional within the ETOD combining district. C14-2024-0116 Page 3 A development utilizing the “density bonus ETOD” incentives is permitted with a base GR district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of up to 90 feet in the GR district within Subdistrict 2 (60 feet base district plus up to 30 feet height incentive) and relaxation of development and compatibility standards, such as FAR, setbacks and building coverage. There are several methods of satisfying DBETOD development affordability requirements depending on whether the potential units will be offered as rental or for ownership. For rental units, the options are based on a tiered system tied to achievable maximum height or utilization of modified development standards: i. ii. a minimum of 10% of the residential units as affordable for lease and To achieve 60 feet or to utilize a development standard under DBETOD that is not height-related: • occupancy by households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or To achieve 90 feet in height, a development must provide: • occupancy by households earning 60% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or • occupancy by households earning 50% or less MFI. a minimum of 12% of the residential units as affordable for lease and a minimum of 10% of the residential units as affordable for lease and There are two options of satisfying DBETOD development affordability requirements which include ownership units: i. a minimum of 12% of the units as affordable for ownership and occupancy by households earning 80% or less than the Austin-Round Rock Metropolitan Statistical Area MFI; or ii. an in-lieu-fee payment to the Housing Trust Fund, equivalent to 125% of 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 site plan submittal. BASIS OF RECOMMENDATION: 1. 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. Mixed Use combining district (MU) is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. C14-2024-0116 Page 4 The equitable transit-oriented development (ETOD) combining district is intended to enhance transit-supportive uses, encourage more intentional and equitable land stewardship with increased bicycle, pedestrian, and transit connectivity, housing options and opportunities, public realm activation, and new economic opportunities near public transit. Density bonus ETOD (DBETOD) combining district is intended to allow residential uses, preserve certain existing residential and non-residential uses, modify compatibility standards and site development regulations, and grant additional building height in exchange for income-restricted housing. The neighborhood plan (NP) district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 2. 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 – including additional height - the development is required to comply with affordable housing requirements as per the DBETOD combining district regulations. This request to modify the site’s base district to GR zoning continues to align with City objectives to increase density, housing choice and affordability in exchange for relaxed development standards. 3. 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, increased affordability and equitable transit-oriented development, as well as incentivizing vertical mixed-use buildings throughout the City. Zoning changes should promote an orderly relationship among land uses. 4. Staff recommends the Applicant’s request as described above for GR-MU-ETOD-DBETOD- NP combining district zoning for the subject property based on the following considerations: 1) Recognizing the recent City-initiated rezoning to include the ETOD and DBETOD combining districts for this and surrounding properties within ½- mile from the Phase 1 Austin Light Rail alignment and Priority Extensions; 2) the ETOD overlay prohibits many uses that are not transit supportive but would otherwise be permitted in the GR base zoning district; 3) number of units and housing choice that could be produced would suit a variety of household sizes, incomes, and lifestyle needs of a diverse population in support of Imagine Austin and the Strategic Housing Blueprint; C14-2024-0116 Page 5 4) it is within a ¼-mile of a Metro Rapid Bus stop, which runs frequent service to UT and downtown, and across the street from a bus stop which serves two other bus lines (local and crosstown); 5) its proximity to Burnet Road, which is a Core Transit Corridor and Imagine Austin Activity Corridor, and exhibits high diversity of neighborhood and regional serving uses. 5. The proposed zoning should satisfy a real public need and not provide special privilege to the owner. Part of the ETOD policy implementation included mitigation measures to help reduce displacement pressures during redevelopment. The implementation measures require development utilizing the DBETOD program to comply with residential redevelopment requirements to preserve existing affordable and/or attainable housing opportunities for low- and middle-income households. Further, implementation measures require new development utilizing the DBETOD program to provide the right to return to certain qualifying businesses (certain non-residential uses) in the new development with right to return to affordable, comparably sized spaces. The ETOD policies seek to balance the need for increased density and activity surrounding transit with displacement pressures associated with said redevelopment. EXISTING ZONING AND LAND USES: Site ZONING LO-MU-ETOD- DBETOD-NP North LO-MU-ETOD- DBETOD-NP; SF-3- NP South LO-MU-ETOD- East West DBETOD-NP; LR- MU-ETOD- DBETOD-NP UNZ LO-MU-ETOD- DBETOD-NP; LR- MU-ETOD- DBETOD-NP; CS- MU-V-CO-ETOD- DBETOD-NP LAND USES Industrial warehouses and services Business and Professional offices; Single family and duplex residential Single family and duplex residential; Childcare facility; Financial services (credit union) State office buildings; Texas School for Blind and Visually Impaired Business and Professional Offices; Multifamily residential with ground floor retail; Food sales NEIGHBORHOOD PLANNING AREA: Brentwood WATERSHED: Waller Creek – Urban C14-2024-0116 Page 6 CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Bryker Woods Elementary School COMMUNITY REGISTRY LIST: Austin Neighborhoods Council Austin Independent School District Friends of Austin Neighborhoods North Austin Neighborhood Alliance Homeless Neighborhood Association Shoal Creek Conservancy Brentwood Neighborhood Plan Contact Team AREA CASE HISTORIES: NUMBER C14-2022-0120 – 5003 Burnet Road C14-2016-0028 – 4705 Burnet Road C14-04-0012 – Brentwood/ Highland NP Rezonings REQUEST CS-MU-V-CO- NP to CS-1-MU- V-CO-NP GO-MU-V-CO- NP and CS-1- MU-V-CO-NP to CS-1-MU-V-CO- NP Neighborhood plan rezonings SCENIC ROADWAY: No O Henry Middle School Austin High School Lower District 7 Green Brentwood Neighborhood Assn. Preservation Austin 45th St. Concerned Citizens COMMISSION Withdrawn by applicant CITY COUNCIL Withdrawn due to underlying City error in zoning Apvd (5/13/2004) RELATED CASES: NPA-2024-0018.04 – corresponding neighborhood plan amendment to change the Future Land Use Designation (FLUM) from Mixed Use/Office to Mixed Use The subject property is within the ETOD boundaries. The -ETOD and -DBETOD combining districts were added to the existing LO-MU-NP zoning on July 15, 2024 (C20-2023-004). The subject property is within the boundaries of the Brentwood Neighborhood Planning Area. The –NP combining district was added to the existing LO base district in 2004 (C14- 03-0012). ADDITIONAL STAFF COMMENTS: Drainage C14-2024-0116 Page 7 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 The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Waller Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. Zoning district impervious cover limits apply in the Urban Watershed classification. 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. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire Department No comments. PARD – Planning & Design Review Parkland dedication fees may apply to any future site or subdivision applications resulting from this rezoning. As of January 1, 2024, new commercial non-residential uses are not subject to parkland dedication requirements at the time of site plan and subdivision. 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. Compatibility Standards C14-2024-0116 Page 8 The site is subject to compatibility standards due to the proximity/adjacency of a triggering property to the north of subject site, which exhibits SF-3 zoning AND presence of a duplex: - Any structure that is located less than 50 feet from any part of a triggering property may not exceed 60 feet; and - A 25 foot wide compatibility buffer is required along property line shared with This tract is already developed, and the proposed zoning change is a footprint within the triggering property. existing development FYI this tract is in the Brentwood Neighborhood Planning area. Austin Transportation Department – Engineering Review The Austin Strategic Mobility Plan (ASMP) calls for 84 feet of right-of-way for W 49th St. It is recommended that 42 feet of right-of-way from the existing centerline should be dedicated according to the ASMP with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. The Austin Strategic Mobility Plan (ASMP) calls for 84 feet of right-of-way for Grover Ave. It is recommended that 42 feet of right-of-way from the existing centerline should be dedicated according to the ASMP with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. 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) W 49th ST Level 2 84’ 60’ 33’ Yes No Yes C14-2024-0116 Page 9 Grover Ave Level 2 84’ 67’ 38’ No Yes No, only on other side of Grover Austin Water Utility No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map Exhibit A-1: Aerial Map Exhibit B: Applicant’s Summary Letter Public Correspondence A PT S. RETAIL RY LIBRA TH E ATE R GR B E A U T Y S A L . ( ( TAX OFC. ( CS ( ( SF-3 9 2 - 2 3 C RESTM R NT D O C14-2009-0008 P OFFICE CS REST. GR LO 81-176RC GR MF-3 ( ( ( ( ( ( SF-3 ( ( ( ( ( SF-3 H 8 7 9 1 - ( SF-3-H ( ( ( ( ( ( ( ( ( ( ( ( L C SIN E V AIR A ( ( ( SF-3 ( ( ( ( ( ( ( ( ( PARKING SP95-113C ( ( T Y L ( SF-3 ( ( ( ( ( L Y N N W O O D S T E R S T ( ( ( ( ( ( SF-3 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3 ( ( E Y AV E S M A R ( ( ( ( ( ( ( W 48T H S T SF-3 ( ( ( ( W 4 7T ( H S T ( ( ( E LE AV ( ( ( ( ( SF-3 ( ( ( ( ( ( ( A D E S O R ( ( ( ( W 46T ( ( ( ( F U O FF. N. R R ETAIL R E T AIL C14-2008-0004 CS R E P AIR D T R E N R U B ( SF-3 ( ( ( B A K E R Y FO FA O D ST ( ( ( SF-3 ( ( ( ( H S T ( ( ( ( ( D R. O M A F U R K E R FFIC NIT E U R E R E T AIL R ETAIL SF-3 ( ( ( ( ( CS C14-2008-0004 S AL O N R E P AIR Y R E K A B F O O D C14-95-0114 LO-NP ( ( SF-3 ( ( R E P A AIR UT O CS R. D O FF. ( CS O FF. R ETAIL OFFICE W 45T S E R V. S P96-0097 H S T C S TA. D R. JE W EL O FF. LR R E P AIR TALE N T E N C Y Y W K P L A C D E M I A G H C R U H C H C R U H C E V E A L L E B Y A M SF-3 C E N TE R APP L IAN CES TIRE CS-MU-V-CO-NP C14-2009-0055 LO-MU-NP 67-118 MF-2-NP APTS. ( SF-3-NP GR-V A U T O R EPA IR S P - 0 5-1 4 7 4 C S T V C14-2008-0004 S A L E S CS-V S A L E S LR-MU-V-NP ( 2 82-6 ( C 5 ( 8 2 6-0 P-0 S AIR P E R O T U A CS-MU-CO-NP ( CS PAR T S CS-MU-V-CO-NP ( LO-MU-NP ( APARTMENTS AUT O PART S AUTO PAR T S H A N C O C 6 6-2 4 8 P FIR E STA . K D R MF-3 CAFE APARTMENTS CAFE C14-2009-0055 SPAS SALES VA C BLD A NT G. ( ( ( W 51ST ST SF-3-NP ( ( ( ( ( GO-MU-CO-NP ( LO-MU-NP ( R E ALT O R S ( ( ( SF-3-NP ( DAY ( CAR E SF-3-NP ( ( ( ( ( ( ( ( ( N O RTH ST ( ( ( ( ( ( ( ( SF-3-NP ( W N O R T ( ( ( ( ( MF-3-NP 11 68-2 ( ( ( MF-2-NP 69-211 ( ( ( ( ( ( ( SF-3-NP H LO ( O P BLV D ( ( ( ( ( ( 68-284 H A R RIE ( ( T C T ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( L N P A M ( Y L ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( N O R ( TH S T ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( G E O R GIA N S T ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( ( ( ( ( ( ( SF-3-NP ( ( ( ( ( R A D R O R U A ( ( ( ( ( ( ( ( ( SF-3-NP STATE PROPERTY CS-MU-CO-ETOD-DBETOD-NP ( ( ( ( ( ( ( W 51ST ST ( ( C E N C HILD TE R E V R A E V O R G ( ( ( R E D L A D N N LY D U P LE X ( ( JE W LE R S CS-MU-V-CO-NP GO-MU-CO-ETOD-DBETOD-NP C14-2010-0025 ( CT O D ( NPA-2010-0018.03 NPA-2010-0018.02 O R'S E V C14-2008-0004 CS-V SP- 99 -2 0 67 CS PARKING R EC O R D GR-MU-V-CO-ETOD-DBETOD-NP C14-2009-0055 ( PARKING S H O P 85-94 MF-3 SP-03-0497CS W A O R D O O W ( ( 3-PLEX PARKIN G ( ( ROSEDALE ELEMENTARY SCHOOL SF-3 SER V IC E BEA UT Y SH O P E R L F M U F TR AILE R S ALE S FOOD FOOD STEREO SALES R E S TU R A N T CLE A N E R S FL O O R/W ALL S P-03-0037C C14-2009-0055 PLU M BIN G CS-V-ETOD-DBETOD C14-2008-0004 SP-02-0044C ( ELE C. & ( SF-3-NP ( ( ( SF-3-NP ( D U P L E X ( ( ( D U PLE X 88-057 ( LR-MU-ETOD-DBETOD-NP S ( P-96-0303C 88-055 ( ( ( S P U D 93-0088 ! W 49TH HALF ST ( M E DIC AL 4-PLE X MF-2-ETOD-DBETOD-NP C14-04-0012 UNZ X E L ! ! 75-43 73-112 W 49T 84-392 ( ( NPA-2012-0018.05 ( T H S 81-126R ( ( C ! LO-MU-ETOD-DBETOD-NP ! ! ! ! ! ! OFF. ! ! A PT S. ( LO-MU-ETOD-DBETOD-NP ( ( ( CS-MU-V-CO-ETOD-DBETOD-NP NPA-2012-0018.09 SP-85-178 CS-1-MU-V-CO-ETOD-DBETOD-NP PER CA M C R E DIT U NIO N 81-141 NPA-2012-0018.07 SP-02-0132C LR-MU-CO-ETOD-DBETOD-NP 96-0138 ( C14-2009-0055 5 1 5 0 1-0 8 91-0 GO-MU-CO-ETOD-DBETOD-NP CHURCH CS-MU-V-CO-ETOD-DBETOD-NP C14-2009-0055 STATE HEALTH DEPARTMENT MF-4-ETOD-DBETOD-NP ( ( ( ( ( ( ( ( ( C A ( PIT O ( L C ( T ( ( ( SF-3-NP ( ( ( CS-MU-CO-ETOD-DBETOD-NP UNZ TEXAS SCHOOL FOR THE BLIND AND THE VISUALLY IMPAIRED AUSTIN COMMUNITY GARDENS STATE OF TEXAS R E D HIN S N U S N L A M A R B L V D W 4 7 T H S T UNZ SP-03-0078C SP-03-0077D UNZ STATE OF TEXAS E V E A L G N RIA T UNZ SF-3 94-0059 ( LO-MU-CO-ETOD-DBETOD ( ( SF-3 ( LO-ETOD-DBETOD ( SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY CS ± MF-6-CO-ETOD-DBETOD C14-2011-0109 W 4 6T H S T UNZ GO-ETOD-DBETOD ZONING ZONING CASE#: C14-2024-0116 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: 7/29/2024 73-23 C P73-23 ( ( 73-14 ( E FIR O. C T S E P U L A D A U G W UNZ  Via Electronic Submittal Lauren Middleton-Pratt City of Austin Planning and Housing Department 1000 E 11th St. Austin, TX 78702 Re: Rezoning and Future Land Use Map (FLUM) amendment request for 1200 W 49th Street; Lot 6-A, Resubdivision of Lot 5-6 of the J.V. Walden Subdivision; TCAD Parcel 226401 (the “Property”) Dear Mrs. Middleton-Pratt: As representatives of the owner of the above stated Property, we respectfully submit an application for rezoning and associated FLUM amendment for 1200 W 49th Street. The Property is developed with an existing commercial building which is currently vacant. The current zoning is Limited Office - Mixed Used Combing District - Equitable Transit Oriented Development - Density Bonus Equitable Transit Oriented Development - Neighborhood Planning Combining district (LO-MU-ETOD-DBETOD-NP). The proposed rezoning is to GR-MU-ETOD-DBETOD-NP. As the building has remained vacant for over 12 months under the limited permitted uses in LO, the rezoning allows for additional commercial services to begin operating within the existing building. The Property is within the Brentwood/ highland Neighborhood Planning Area and designates this site as “Mixed use/ Office” which does not allow for a GR base zoning designation. Therefore, the FLUM designation request is for Mixed Use. The surrounding zoning is LO-MU-ETOD-DBETOD-NP to the south, LO-MU-ETOD-DBETOD-NP to the west, and LO-MU-ETOD-DBETOD-NP to the north and is unzoned to the east. The surrounding uses are office to the north and west, government services to the east, multi-family to the south. If you have any questions regarding this request or need additional information, please do not hesitate to contact me at your convenience. Very truly yours, Amanda Couch Brown 214-695-9219 | AMANDA.BROWN@HDBROWNCONSULTING.COM | HDBROWNCONSULTING.COM From: To: Cc: Subject: Date: Jay Long Meredith, Maureen Greg; Boudreaux, Marcelle Re: Case Number: C14-2024-0016 and Case Number: NPA-2024-0018.04 Wednesday, September 25, 2024 1:21:04 PM External Email - Exercise Caution Hi Maureen, NPA-2012-0018.05 NPA-2012-0018.07 NPA-2012-0018.09 Best, Jay Long Thank you for the reply. I did want to add an additional note to our correspondence. When I spoke to Greg, he fairly suggested that my concern about the other property owners also wanting the more generous zoning was a hypothetical. I am including the case numbers for three cases, which you were also involved in, in 2012, where the exact thing was previously attempted by two other property owners who currently own four properties on my street. Fortunately, after I spoke at the hearing the City Council voted against those changes. On Sep 25, 2024, at 8:48 AM, Meredith, Maureen <Maureen.Meredith@austintexas.gov> wrote: Hi, Jay: Staff has not finalized our recommendation on the cases. When the cases are scheduled for Planning Commission and City Council, you will receive the public hearing notices in the mail if you live within 500 feet of the property. You can sign up to speak at the public hearings and/or submit the comment forms that are included in the notices, or you can email me and Marcelle your comments that we will include in our staff reports. Please let me know if you have any question. Maureen From: Jay Long <jaylong@jaylong.com> Sent: Friday, September 20, 2024 10:12 AM To: Meredith, Maureen <Maureen.Meredith@austintexas.gov> Cc: Greg <greg1austin@yahoo.com>; Boudreaux, Marcelle <Marcelle.Boudreaux@austintexas.gov> Subject: RE: Case Number: C14-2024-0016 and Case Number: NPA-2024-0018.04 You don't often get email from jaylong@jaylong.com. Learn why this is important External Email - Exercise Caution Hi Maureen, I am writing to continue to voice my concerns over the proposed zoning change at 1200 W 49th Street. In some confusion with one of my neighbors I thought that the day for the meeting was Tuesday and when I went to log on, all I found was the video of the day before. I did however watch the video after which I contacted Greg. When I spoke with Greg he suggested that it was okay with him if I forwarded the message that I had sent him to you, as well as, with his approval, that I could let you know that he agreed with my concerns, but had just not heard them prior to the meeting. I have also reached out to the BNA. It is my hope that the City Staff will recommend against this change, if that is something in their/ your purview. Please let me know. Sincerely, Jay Long Thank you for the quick response. I would like to visit with you on the phone about this, perhaps later today, but I wanted to put some of my contemporaneous thoughts in writing so that we can have a starting point for our conversation. First, as I understand it, the property owner would like to change the zoning to increase their renter pool since it has been vacant for a year, as opposed to simply lowering the rent. I will note that the building next door to the property in question was recently rented after also sitting vacant for some time. Also the office building directly across the street from me, where they tore down three single family houses (even though I keep hearing that we need more), is also fully occupied. There is clearly still a market for office space even in these times. So, the idea that because they are having trouble renting their property is not a compelling argument to me for gifting them a radically improved zoning status. And if for some reason, they were granted the more generous zoning, why would that not encourage all of the other property owners on my street with the LO zoning to also want the more lucrative GR zoning for their properties. And what reason would the city have for granting it to this one person and not the others. Rich Brock once put it to me, when something like this was tried before on my street over a decade ago, that it was the camel putting its nose under the tent. How is that not the case here? How would this would not effectively make the last semi-residential street on the south part of Brentwood, and my part of our neighborhood, into a fully commercial area. I was here when Brentwood agreed to make this street LO on the FLUM, and I did not protest it, because I understood the idea of having small offices that benefited the neighborhood. I do not see how this new change would. Also, even if you managed to get a private agreement with the current owner, who would litigate on our behalf if it was breached, and how would you continue to enforce the height restrictions (90ft!) if the other properties were also granted a zoning change? Anyway, that is a long note, and it doesn’t even touch on what I have read would be the permitted uses which I don’t think are beneficial to this part of my neighborhood, but better suited to Burnet or Lamar. Basically, I am writing this because I am at the mercy of the NPCT and the BNA to help protect my part of our neighborhood by recommending against this proposed zoning change. This is a nice neighborhood, I have planted over twenty small trees on this property (I have literal roots in this) over my twenty plus years here, and I am concerned that they will all be bulldozed if this development continues pushing its way into the neighborhood, as we will clearly be forced out. I will look forward to talking and I appreciate any help that you can provide us with this. Begin forwarded message: From: Jay Long <jaylong@jaylong.com> Subject: Rezoning of 1200 W 49th Street Date: September 18, 2024 at 1:01:16 PM CDT To: Greg <greg1austin@yahoo.com> Hi Greg, ps- this is our home and panoramic that shows the property at 1200 and ours at 1211. Sincerely, Jay Long <image001.jpg> <image002.jpg> 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 at "cybersecurity@austintexas.gov". 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 at "cybersecurity@austintexas.gov".