10 C14-2025-0007 - 34th and West (Tract 2); District 9 - Applicant Revised Request Letter — original pdf

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ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 22, 2025 Joi Harden, Zoning Officer City of Austin Planning Department 6310 Wilhelmina Delco Dr. Austin, Texas 78752 Re: Amending the rezoning request for Cases No. C14-2025-0006, C14-2025-0007, C14-2025- 0008, and C14-2025-0009 (collectively, the “34th and West Cases”), related to 800, 804, 806, 808 W. 34th St. and 3404, 3406 West Ave. (“Tract 1”), 901, 905, 907 W. 34th St., 3316 Grandview St., and a portion of 3317 N. Lamar Blvd. (“Tract 2”), 801 W. 34th St. (“Tract 3”), and 715, 725 W. 34th St. and 3301 West Ave. (“Tract 4”) (collectively, the “Property”) Dear Ms. Harden, On behalf of West 34th Street Neighborhood Improvement Company, LLC (the “Owner”), I am amending our rezoning applications for the 34th and West Cases as described in this letter. For reference, the Property consists of four tracts as shown in Figure 1 below. Figure 1. The Property – Tract Map 1-A 1-B 2-A 2-B 3-B 3-A 3-C 4-A 4-B 10 C14-2025-0007 - 34th and West (Tract 2); District 91 of 3Amended Requests We request to amend the 34th and West Cases as described in Figure 2 below. Figure 2. Amended Rezoning Request Tract 1-A 1-B 2-B 3-A 3-B 3-C 4-A 4-B 2-A Case Number C14-2025-0006 C14-2025-0006 C14-2025-0007 C14-2025-0008 C14-2025-0008 C14-2025-0008 C14-2025-0009 C14-2025-0009 C14-2025-0007 Zoning Designation (Current) LO-ETOD-DBETOD-NP LO-ETOD-DBETOD-NP LO-ETOD-DBETOD-NP LO-ETOD-DBETOD-NP LO-CO-ETOD-DBETOD-NP LO-CO-ETOD-DBETOD-NP LO-ETOD-DBETOD-NP LO-ETOD-DBETOD-NP CS-CO-ETOD-DBETOD-NP Amended Rezoning Request GR-MU-V-CO-ETOD-DBETOD-NP CS-MU-V-CO-ETOD-DBETOD-NP For C14-2025-0008, we withdraw our request to change the subdistrict designation for Tract 3-B (thus maintaining the current Subdistrict 2 designation). We additionally request that the conditional overlays described above include the following provisions:  Limit the allowable height for projects not utilizing a density bonus program to 45 ft. (The full height would still be allowed for projects participating in a density bonus.)  Prohibit the following uses: Alternative Financial Services Automotive Washing (of any type) Bail Bond Services Commercial Blood Plasma Center Communication Service Facilities Communications Services Construction Sales and Services Laundry Services Limited Warehousing and Distribution Maintenance and Service Facilities Monument Retail Sales Outdoor Entertainment Outdoor Sports and Recreation Pawn Shop Services Pedicab Storage and Dispatch Safety Services Transportation Terminal  Allow the following uses as a conditional use: Business or Trade School Business Support Services Hotel-Motel Performance Venue (< 9,000 square feet) Private Primary Educational Facilities Private Secondary Educational Facilities Public Primary Educational Facilities Public Secondary Educational Facilities Theater (greater than 5,000 square feet) 4934-5414-4086, v. 4 10 C14-2025-0007 - 34th and West (Tract 2); District 92 of 3 Our application to amend the Future Land Use Map designations for the Property in the associated neighborhood plan amendment Case No. NPA-2024-0019.02 remains as requested (designating the entire Property for “Mixed Use”). These provisions reflect an agreement we have mutually reached with the Heritage Neighborhood Association (which also includes a private restrictive covenant with the association). We appreciate the Heritage Neighborhood Association’s work on reaching this agreement and request to amend our rezoning applications as described herein. Thank you for your consideration. Please do not hesitate to contact me with questions or for additional information. Respectfully, Michael J. Whellan 4934-5414-4086, v. 4 10 C14-2025-0007 - 34th and West (Tract 2); District 93 of 3