15 C14-2024-0163 - 1700 South Lamar; District 9 - Public Comments Part 2 — original pdf

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GENERAL FENCE DESIGN GUIDLINE REFERENCE IMAGE Exhibit D: 7 15 C14-2024-0163 - 1700 South Lamar; District 926 of 34Survey Marking the 75’ Building Setback Line Exhibit E 8 15 C14-2024-0163 - 1700 South Lamar; District 927 of 34Conceptual Rendering of Green Space within 75’ Western Setback Exhibit F 9 15 C14-2024-0163 - 1700 South Lamar; District 928 of 34Vertical Mixed Use (VMU) Exterior Lighting SUBCHAPTER E: - DESIGN STANDARDS AND MIXED USE. ARTICLE 2: - SITE DEVELOPMENT STANDARDS. § 2.5. EXTERIOR LIGHTING. 2.5.1. Applicability. The following table summarizes the applicability of this section: Applies if the Principal Street Is: Standard All roadway types 2.5: Exterior Lighting Applies to the Following: All zoning districts 2.5.2. Standards. A. Submission of Plans and Evidence of Compliance. Building plan applications shall include a description of all lighting fixtures, both proposed and those that will remain on the site, as well as any existing or proposed fixtures to be located in adjacent right-of-ways after completion of the project. For new fixtures, the description may include, but is not limited to, catalog cuts and illustrations by manufacturers (including sections where required), that demonstrate compliance with the standards of this Subchapter. B. Fully Shielded or Full Cut-off Light Fixtures Required. The following outdoor lighting applications shall be illuminated by fixtures that are either fully-shielded or full cut-off: (See Figure 34.) (See Figure 34 set forth in Exhibit A attached to Ord. 20130606-088; Examples of fully-shielded light fixtures.) 1. 2. 3. 4. 5. 6. 7. Public street and pedestrian lighting; Parking lots; Pathways; Recreational areas; Billboards; Product display area lighting; and Building overhangs and open canopies. C. Lighting of Building Façades. 1. Buildings and structures shall be illuminated by fixtures that are either fully-shielded or full cut-off and may only be used to highlight specific architectural features. However, existing building mounted fixtures that are not fully-shielded or full cut-off may be replaced with lighting that is fully-shielded or full cut-off. This provision shall not apply to buildings in the downtown that are at least 120 feet tall, so long as such buildings contain no trademarked design features (not including signage) located over 120 feet above ground level. D. Directional Luminaires. Directional luminaires that are not fully-shielded or full cut-off may be used to illuminate signs and flagpoles. Such luminaires shall be installed and aimed so that they illuminate only the specific object or area and do not shine directly onto neighboring properties, roadways, or distribute excessive light skyward. 10 15 C14-2024-0163 - 1700 South Lamar; District 929 of 34E. Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after site plan or building plan approval has been granted, a change request must be submitted to the Director for approval, together with adequate information to assure compliance with this Subchapter, which must be received prior to substitution. Source: Ord. 20060831-068; Ord. 20130606-088. 11 15 C14-2024-0163 - 1700 South Lamar; District 930 of 34July 16, 2025 Mr. Will Jenkins Authorized Representative SL 1700 South Lamar, LP Stonelake Capital Partners Re: 1700 South Lamar Zoning Application City File Number C14-2024-0163 for Property located at 1700 South Lamar Boulevard (“Property”), City of Austin (“City”), Texas Dear Mr. Jenkins: Thank you for your letter dated July 11, 2025. I look forward to reaching agreeable terms to allow for my support of your rezoning request at 1700 South Lamar. To advance that end, I am providing a set of terms consistent with issues we have discussed previously. After outreach to city staff and review of the letter of agreement you provided, the primary deficiency I hope to resolve is the enforceability of agreed terms. The letter of agreement provided on July 11 provides helpful context for intent but lacks legal enforceability or transferability/assignability to future owners of the tracts associated with 1700 South Lamar. I am sure you will understand why I am predicating my support for Stonelake’s rezoning request on assurances that the terms on which my support is awarded will be adhered to beyond the rezoning recommendation by Planning Comission and City Council action. I look forward to finding mutual agreement and supporting your case. In your letter, you put forward agreement to the following terms; italicized verbiage represents my response to these terms: 1. Adherence to a 75’ Building Setback from Western Property Line Applicant agrees to a conditional overlay that will include a 75' building setback from the western Property line. Please see Exhibit C showing the location of the setback line (“Western Setback”). Applicant agrees to provide certain improvements in the Western Setback, contingent upon any necessary approvals from the City of Austin. Improvements provided in the Western Setback will include (but are not limited to) sidewalks, privacy fencing along the property line, trees, landscaping, benches, and other hardscape elements. Site development related improvements permitted within the Western Setback may include (but are not limited to) fire lane, drainage, retaining walls, underground utility improvements or those improvements that may be otherwise required by the City of Austin. While the area will be publicly accessible and privately maintained, it will not be classified as any form of a "park" under the City of Austin Land Development Code. This term is agreeable as drafted as it is enforceable by the City of Austin once incorporated into the Conditional Overlay. 15 C14-2024-0163 - 1700 South Lamar; District 931 of 34 2. No Loading Zones or Waste Management Zones Facing Western Setback Applicant confirms that all Project trash rooms will be internal, and no loading or exterior waste collection zones will face or abut the Western Setback. Furthermore, at additional cost, Applicant has already coordinated with existing service vendors on the Property to shift trash and recycling collection to the hours of 7:00 AM – 9:00 PM in response to your request. After engagement with city staff, it appears there is not an opportunity to memorialize this commitment in the Conditional Overlay. Therefore any binding commitment to these terms must be achieved through a Restrictive Covenant. I discuss this further below. I appreciate Stonelake’s incurrence of costs to select a waste management vendor with daytime hours of pickup. Unfortunately, as I have communicated in email communication and in-person communication several times, the vendor continues to collect waste in the middle of the night multiple times a week. Since the actual time of pickup appears to be beyond Stonelake’s control, I am adding an additional term to my support for rezoning being relocation of the dumpsters for the facility to another mutually agreed location—preferably on the northern or eastern side of the westernmost building at 1700 South Lamar. My support for the rezoning is contingent on relocation of dumpsters being achieved before City Council action on the proposed rezoning case. 3. Construction and Maintenance of Green Space along the Western Setback Applicant commits to include attractively landscaped green space within the 75’ building setback, which will be publicly accessible but not designated as any type of formal parkland. Please see Exhibit D for a conceptual rendering of the setback area. After engagement with city staff, it appears there is not an opportunity to memorialize commitment of this setback area as publicly accessible space in the Conditional Overlay. That being the case, I do not request that this term be part of the Restrictive Covenant on which I am predicating my support. I will share my appreciation for the developer’s commitment of publicly accessible greenspace in my letter of support to Planning Commission and in my continued engagement with City Council. I will look for the continued discussion of this setback as publicly accessible space in documents filed with Council and of record in the rezoning action. 4. Adherence to VMU Exterior Lighting Requirements Per City Code, VMU zoning requires fully shielded, downward-facing exterior lighting. Please see Exhibit E for applicable regulations. Applicant will follow all City Code guidelines mandated for construction on the Project. This term is agreeable as written as it is enforceable by the City of Austin. Proposed Term 5. Financing and Construction of Fence Along Shared Perimeter Via email communication, I discussed with your development representative an additional term related to fencing along our shared perimeter. I am providing language on an additional term that I would like to have in our final agreement: 15 C14-2024-0163 - 1700 South Lamar; District 932 of 34 Applicant commits to fund and manage construction of an 8’ tall, 2-sided cedar slat fence with steel posts along the entirety of the perimeter between 1700 South Lamar and 1707/1709 Kinney Avenue. This fence is to be constructed before Certificate of Occupancy is issued for any building on proposed Tract 2. Restrictive Covenant As discussed above with respect to Term 2 and in addition to proposed Term 5, enforceability of these commitments and assignability to future owners of proposed Tract 2 at 1700 South Lamar are not achievable through the letter of agreement drafted by Stonelake. Therefore, my support of the proposed rezoning is contingent on agreement to a Restrictive Covenant for Terms 2 and 5. I am agreeable to achieving this through development of a Restrictive Covenant term sheet before the Planning Commission meeting on July 22, 2025, and execution of a final Restrictive Covenant before City Council action to approve the applicant’s rezoning case. As enforcement of the Restrictive Covenant with Stonelake or a future title holder would involve the incurrence of legal costs, I further predicate my support for the project on commitment of $10,000 to be made available for any legal fees I may need to incur to uphold enforcement of the Restrictive Covenant. These funds are to be held in escrow and releasable upon issuance of a Certificate of Occupancy for any building constructed on proposed Tract 2. I look forward to receiving a revised letter of agreement to reflect the terms proposed herein and to completing a term sheet for the Restrictive Covenant before the July 22, 2025, Planning Commission hearing. I will be glad to provide a letter of support for your project with these mutually agreed terms. Sincerely, Sharlene Leurig 1709B Kinney Avenue Austin, TX 78704 CC: Jamie Cantrell, Stonelake Capital Partners, via electronic mail Michele Haussmann, Land Use Solutions, via electronic mail 15 C14-2024-0163 - 1700 South Lamar; District 933 of 34 July 21, 2025 Ms. Marcelle Boudreaux City of Austin Planning Department Via Electronic Mail Marcelle.Boudreaux@austintexas.gov 1700 South Lamar Zoning Application City File Number C14-2024-0163 for Re: Property located at 1700 South Lamar Boulevard (Property), City of Austin, Texas (Rezoning Request) Dear Ms. Boudreaux: On behalf of the Lyric Homeowners’ Association, we support the Rezoning Request as recommended by the City staff. We appreciate the Applicant and its representatives engaging with the community regarding the Rezoning Request and proposed redevelopment. They have been cooperative in addressing each of our concerns. Sincerely, Peter Olds Lyric Homeowners' Association CC: Will Jenkins, Stonelake Michele Haussmann, Land Use Solutions Lisa Beasley, Lyric Homeowners’ Association Marianne Wagner, Lyric Homeowners' Association 15 C14-2024-0163 - 1700 South Lamar; District 934 of 34