Zoning and Platting Commission - Aug. 3, 2021

Zoning and Platting Commission Regular Meeting of the Zoning and Platting Commission

B-01 (C14-2021-0094 - Fox Hollow Multifamily; District 5).pdf original pdf

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MEMORANDUM ************************************************************************ TO: Nadia Barrera-Ramirez, Chair Members of the Zoning and Platting Commission July 27, 2021 Housing and Planning Department C14-2021-0094 – Fox Hollow Multifamily FROM: Wendy Rhoades DATE: RE: ************************************************************************ The Staff requests a postponement of the above-referenced zoning case to August 17, 2021 so that a Neighborhood Traffic Analysis can be prepared. Attachment: Map of Property 1 of 2B-1 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C7A-04-027 04-0204 OFFICE/WHSE SP-01-0345D GO-CO C14-04-0204 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! I-RR ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! C14-2018-0106 GR-CO ! ! ( ( ( ( ! ! ! ! ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( P I O N ( ( E E R F ( ( ( O R E SF-4A ( ( ( ( ( ( ( ( ( ( ( C7A-02-003 ( ( 02-0120a.SH ( 02-0120.SH ( 02-0120a.SH ( ( ( SF-4A ( ( ( ( ( ( ( ( ( ( ( ( ( SF-4A ( ( ( ( ( ( ( 02-0120a.SH ( ( I D L E W I L D E R U N D R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( S T D R ( ( ( UNDEV ( ( ( SF-4A ( ( ( ( ( S T E P H A N N E C R E E K C V ( ( ( ( ( ( ( ( ( ( ( C14-02-0120A.SH ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( SF-4A ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( POND B R A N D T R D ( ( B R A N D T S W ( ( ( O …

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B-02 (C14-2021-0105 - Wynne Lane Rezoning; District 5).pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0105 – Wynne Lane Rezoning ZONING FROM: SF-2 ADDRESS: 7702 Wynne Lane PROPERTY OWNER: R. Scott Schaefer DISTRICT: 5 TO: SF-3 SITE AREA: 0.42 acres (18,295 square feet) AGENT: Thrower Design, LLC (Victoria Haase) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence (SF-3) district zoning. For a summary of the basis of Staff’s recommendation, see case manager comments. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: August 3, 2021: CITY COUNCIL ACTION: September 3, 2021: ORDINANCE NUMBER: ISSUES: None at this time. CASE MANAGER COMMENTS: The subject lot is within the Brownleaf Estates subdivision and contains a single family residence. Brownleaf Estates and Greenleaf Estates, the adjacent subdivision to the south, are manufactured home subdivisions and were zoned mobile home residence (MH) district in the mid-1980s. Some of the lots contain one or more manufactured homes, and other lots have single family residence or two-family residence uses. Please refer to Exhibits A (Zoning Map), A-1 (Aerial Exhibit) and B (Recorded Plat). The Applicant has requested family residence (SF-3) district zoning in order to build an accessory dwelling unit on the west portion of the property. The existing residence would be retained. 1 of 10B-2 C14-2021-0105 Page 2 BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation may be applied to a use in an existing single-family neighborhood with moderate sized lots or to new development of family housing on lots that are 5,750 square feet or more. A duplex use that is designated in an SF-3 district is subject to development standards that maintain single-family neighborhood characteristics. 2. Zoning changes should promote compatibility with adjacent and nearby uses. Staff supports the Applicant’s request because the property is located in an area that is developed with a mixture of manufactured homes, single family residences and two-family residences. The SF-3 zoning district would be compatible and consistent with the surrounding uses, and there are several existing SF-2 and SF-3 zoned properties located to the north, south and east that are currently developed with single family residential uses. In addition, many of the manufactured homes located along Wynne …

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B-03 (C14-2021-0003 - Sun Auto; District 6).pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0003 (Sun Auto) DISTRICT: 6 ZONING FROM: LR TO: GR ADDRESS: 2610 ½ South Lakeline Boulevard SITE AREA: 3.2437 acres PROPERTY OWNER: Ozone Technology Inc. (Thomas J. Wolf, Jr.) AGENT: Pohl Partners (Jennie Braasch) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: The staff recommends GR, Community Commercial District, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: May 4, 2021: Approved staff's request for a postponement to May 18, 2021, by consent (8-0, C. Acosta and E. Ray-absent); H. Smith-1st, D. King-2nd. May 18, 2021: Approved applicant's request for a postponement to June 15, 2021, by consent (9-0, A. Denkler-off the dais); H. Smith-1st, D. King-2nd. June 15, 2021: Motion to reopen the public hearing and postpone to August 3, 2021 by the Commission (9-0, C. Thompson-No); H. Smith-1st, J. Kiolbassa-2nd. August 3, 2021 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 15B-3 C14-2021-0003 ISSUES: N/A CASE MANAGER COMMENTS: 2 The property in question is undeveloped and moderately vegetated. There is floodplain along the eastern portion of the tract (please see Aerial Map – Exhibit B). The site is located to the northwest of Lakeline Mall on South Lakeline Boulevard. The front portion of this property is within the City of Austin and takes access to S. Lakeline Boulevard. The rear portion of this tract of land is within the City of Cedar Park’s jurisdiction and has access of off West Rivera Circle, a residential collector street. There is undeveloped land and a single-family residential neighborhood to the north. To the east of this site, along Lakeline Boulevard, there is a floodplain area and a multifamily use/apartment complex (The Park at Lakeline). To the west there is an undeveloped lot within the City of Cedar Park. The parcel to the south, across S. Lakeline Boulevard, zoned P and is parkland (Lakeline Neighborhood Park). The applicant is requesting Community Commercial zoning for this tract of land so that they may develop automotive uses on the property. The staff recommends GR, Community Commercial District, zoning. The property meets the purpose statement of the Community Commercial district as it is located on an arterial roadway and will provide services to the surrounding community. The site under consideration has constraints as only a corner (western portion) of this property is developable because of floodplain. The applicant is proposing PD zoning with an office concept plan for the portion of this …

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B-04 (C14-2021-0080 - Tech Ridge 2; District 7).pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0080 (Techridge 2) DISTRICT: 7 ADDRESS: 13100 1/2 -13200 1/2 Mc Callen Pass; 13200-13300 Center Lake Drive ZONING FROM: LI-PDA TO: LI-PDA SITE AREA: 13.510 acres PROPERTY OWNER: Centerstate 99, Ltd., TECHRIDGE PLD 2019 LP AGENT: Armbrust & Brown, L.L.P. (Amanda Morrow) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: The staff’s recommendation is to grant LI-PDA, Limited Industrial Planned Development Area District zoning, to change a condition of zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: July July 20, 2021: Approved staff's request for postponement to August 3, 2021 by consent (9-0, J. Kiolbassa and E. Ray-absent ); H. Smith-1st, C. Acosta-2nd. August 3, 2021 CITY COUNCIL ACTION: August 26, 2021 ORDINANCE NUMBER: 1 of 169B-4 2 ISSUES: In this rezoning request, the applicant is asking to take a 3.858 acre portion of land out of the Dell-Parmer North Development LI-PDA zoned property (approved through Ordinance No. 980430-P – please see Exhibit D) between Parmer Lane and Howard Lane and move it to the Parmer Center Development (“Tech Ridge”) LI-PDA zoned property (approved through Ordinance No. 990602-92 – please see Exhibit E) to the northwest. In addition, the applicant would like to remove the density limitation for multi-family housing for this property (a portion of Lot 3, Block "A", Tech Ridge Section 2 and a portion of Lot 2B, Resubdivision of Lot 2, Block "A", Tech Ridge Section 2) in the Parmer Center PDA (please see Applicant’s Request Letter – Exhibit C). This request can be handled as one zoning case as long as the removal of land from the Dell- Parmer North Development PDA does not affect the site development regulations or impact a Transportation Impact Analysis (TIA) for the Dell PDA. After reading the Parmer Center Development PDA and the Dell-Parmer North Development PDA ordinances/restrictive covenant, the staff understands that the Dell-Parmer North Development PDA does not have a TIA. Therefore, the removal of the property from the Dell LI-PDA zoning does not negatively impact that PDA agreement. Please see the TIA Compliance Letter that was submitted to ATD for review (please see Exhibit F). CASE MANAGER COMMENTS: The property in question is currently an undeveloped 13.510-acre parcel located at the northwest corner of McCallum Pass and Center Lake Drive. The land surrounding this site to the north, south, east and west is zoned LI-PDA. The lot to the east contains a …

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B-05 (C14-2021-0100 - Luby's Site; District 10).pdf original pdf

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ZONING CHANGE REVIEW SHEET TO: MF-6 DISTRICT: 10 CASE: C14-2021-0100 (Luby’s Site) ADDRESS: 8176 North MoPac Expressway ZONING FROM: LR SITE AREA: 2.38 acres PROPERTY OWNER: Luby's Fuddruckers Restaurants, LLC (Bill Gordon) AGENT: Armbrust & Brown, PLLC (Michael Whellan) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends MF-6, Multifamily Residence-Highest Density district, zoning. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: August 3, 2021 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 21B-5 2 ISSUES: N/A CASE MANAGER COMMENTS: The property in question is a 2.38 acre lot that contains a restaurant use (Luby’s Cafeteria) located on the southwest corner of the Mopac Expressway Service Road and Steck Avenue. The tracts of land to the north and south are zoned LO/LR and are developed with office complexes. To the east is a highway, North MoPac Expressway. The lot to the west is developed with a multifamily use (La Montreaux Apartments). In this application, the applicant is requesting to rezone this property from LR, Neighborhood Commercial district, zoning to MF-6, Multifamily Residence-Highest Density district, zoning to redevelop this site with a 275-unit multifamily apartment complex, which would include 10 percent of total units (28 units) available as long-term Affordable housing units at 80 percent of Median Family Income (MFI) (Please see Applicant’s Request Letter – Exhibit C). The staff recommends MF-6, Multifamily Residence-Highest Density district, zoning because the site under consideration meets this intent of the MF-6 district as it is located at the southwest corner of the intersection of an arterial roadway, Steck Avenue, and a highway, North MoPac Expressway and is near a designated ‘Neighborhood Activity Center’ in the Image Austin Comprehensive Plan. The proposed MF-6 zoning would be compatible and consistent with the surrounding uses because this property is adjacent to office and commercial zoning to the north and south and multifamily zoning to the west. The surrounding zoning permits office and commercial services that can be utilized by the residents of this proposed residential development. MF-6 district zoning will provide for additional housing opportunities in this area of the city. The applicant agrees with the staff’s recommendation. BASIS FOR RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Multifamily Residence (Highest Density) district is intended to accommodate multifamily and group residential use. This district is appropriate for highest density housing in centrally located areas near supporting transportation and commercial facilities, …

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B-06 (C8-2020-0033 - Saddle Ridge at Wildhorse Ranch; District 1).pdf original pdf

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SUBDIVISION REVIEW SHEET CASE NO.: C8-2020-0033 COMMISSION DATE: August 3, 2021 SUBDIVISION NAME: Saddle Ridge at Wildhorse Ranch Preliminary Plan ADDRESS: 10621 Blue Bluff Road APPLICANT: Heart of Manor LP AGENT: Kimley-Horn and Associates (Kevin Burks) ZONING: Wildhorse Ranch PUD NEIGHBORHOOD PLAN: Wildhorse Ranch PUD AREA: 82.24 acres COUNTY: Travis LOTS: 248 DISTRICT: 1 WATERSHED: Gilleland Creek JURISDICTION: Full Purpose SIDEWALKS: Sidewalks will be constructed along all internal streets and the subdivision side of Blue Bluff Road. VARIANCES: Variances from LDC § 25-8-341, to allow cut over four feet, and LDC § 25-8-342, to allow fill over four feet. DEPARTMENT COMMENTS: The request is for the approval of Saddle Ridge at Wildhorse Ranch Preliminary Plan, consisting of 248 lots on 82.24 acres. The variances from LDC § 25-8-341, to allow cut over four feet, and LDC § 25-8- 342, to allow fill over four feet, were approved by the Planning Commission on June 22, 2021. However, the preliminary plan was disapproved at that time. The recent update for this preliminary plan now complies with the criteria for approval in LDC 25-4- 84(B) and staff recommends approval. STAFF RECOMMENDATION: The staff recommends approval of the plat. This plat meets all applicable State and City of Austin LDC requirements. CASE MANAGER: Jennifer Bennett EMAIL: jennifer.bennett-reumuth@austintexas.gov ATTACHMENTS Exhibit A: Vicinity map Exhibit B: Proposed preliminary plan PHONE: 512-974-9002 1 of 5B-6 U S R O U T E 2 9 0 BLUE BLUFF ROAD T E X A S S T A T E H I G H W A Y 1 3 0 LOCATION MAP SCALE: 1" = 2,000' BLUE BLUFF AT WILDHORSE RANCH AUSTIN, TEXAS OCTOBER 2019 10814 Jollyville Road Campus IV, Suite 300 Austin, Texas 78759 737-471-0157 State of Texas Registration No. F-928 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. 2 of 5B-6 GENERAL NOTES: ACCORDANCE WITH ORDINANCE NO. 020214-28. 1. THIS SUBDIVISION IS LOCATED WITHIN THE CITY OF AUSTIN, FULL PURPOSE ANNEXATION, AND IS DESIGNATED AS A PLANNED UNIT DEVELOPMENT (PUD) IN 2. THIS PRELIMINARY PLAN IS GOVERNED BY THE (I) WILDHORSE RANCH PUD ORDINANCE NO.02021428, APPROVING THE PUD ZONING BASE DISTRICT FOR THE PROPERTY, (II) THE PUD LAND USE PLAN, AND (III) EXCEPT AS OTHERWISE PROVIDED IN THE ZONING ORDINANCE AND THE PUD LAND USE PLAN TO THE CONTRARY, THE RULES …

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Zoning and Platting Commission August 3, 2021 Agenda.pdf original pdf

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Regular Meeting of the Zoning and Platting Commission August 3, 2021 Zoning and Platting Commission to be held August 3, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers, including applicants and representatives, must register in advance (Day before the scheduled meeting, August 2, 2021 by noon. ) To speak remotely at the August 3, 2021 Zoning and Platting Commission Meeting, residents must: Preferably email Commission Liaison, Andrew Rivera at andrew.rivera@austintexas.gov or call 512-974-6508 (the day before the meeting). The following information is required: 1. The speaker name. 2. Item number(s) they wish to speak on. 3. Whether they are for/against/neutral. 4. Mailing address. 5. Telephone number. Must be the number that will be used to call-in. Failure to provide the required information by noon August 2, 2021 shall render a request null and void. automatically roll over. A registered speaker may not sign up another speaker. Previous registration on an item does not •Once a request to register to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call with additional information regarding the call in process. •Handouts or other information must be emailed to andrew.rivera@austintexas.gov by 1:00 PM Tuesday August 3, 2021. This information will be provided to Commission members in advance of the meeting. •Residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live Time Allotment: Speakers: 3 minutes. Applicant: 6 minutes and 3 minutes rebuttal. Postponement requests must be submitted to the case manager and Andrew Rivera by 5PM Monday, August 2, 2021. Reunión de la Comisión de Zoning and Platting Fecha 3 de agosto de 2021 La Comisión de Zoning and Platting se reunirá el 3 de agosto de 2021 modificaciones de distanciamiento soial. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Llame o envíe un correo electrónico al enlace de la junta en 512-974-6508 andrew.rivera@austintexas.gov a más tardar al mediodía (el día antes de la reunion, 2 de agosto 2021 . ) 1. El nombre del orador. 2. Número (s) de artículo sobre el que desean hablar. 3. Si están a favor / en contra / neutrales. 4. Dirección postal. 5. Número de teléfono. Debe ser el número que se utilizará para llamar a la persona que desea hablar. Si la información solicitada no se envía antes del mediodía del 2 …

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August 3, 2021 Zoning and Platting Commission Registered Speakers.pdf original pdf

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August 3, 2021 Zoning and Platting Commission Registered Speakers SPEAKER B-1 Opposed Chelsea West B-2 Applicant - Ron Thrower B-3 Applicant - Jennie Braasch Opposed Trey Neinast B-4 Applicant - Amanda Morrow Richard T. Suttle B-5 Applicant - Michael Whellan Brett Denton Michael Gaudini (available for questions) Opposed Hugh Higgins Roy Wayley B-6 Applicant - Kevin Burks ALLOTED TIME 6 min. 6min / 3min Rebuttal 6min / 3min Rebuttal 6min. 6min / 3min Rebuttal 3min. 6min / 3min Rebuttal 3min. 3min. 6min 3min. 6min / 3min Rebuttal

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B-06 Applicant Late Backup - Horizon Environmental Report.pdf original pdf

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From: To: Cc: Subject: Date: Attachments: Michael Whellan Sirwaitis, Sherri; Rivera, Andrew Michael Whellan FW: Luby"s Site - Horizon Environmental Report - shared with City staff - Scott Hiers Tuesday, August 3, 2021 11:30:53 AM image003.png image004_png.msg Horizon Environmental Report - Luby"s Site 5-14-2021_pdf.msg *** External Email - Exercise Caution *** Yesterday, Commissioner Thompson asked about the caves - - we had done this report (attached) and shared it with Environmental Staff back in May before proceeding with the rezoning case - - I believe Scott Heirs (City of Austin, Senior Environmental Scientist, PG) is the point person on karst features at the City. Might be good to have him at the hearing to discuss the report and his independent assessment? MJW. From: Michael Whellan Sent: Tuesday, August 3, 2021 11:23 AM To: 'BC-Carrie.Thompson@austintexas.gov' <BC-Carrie.Thompson@austintexas.gov> Cc: Michael Whellan <; Michael Gaudini <> Subject: Luby's Site - Horizon Environmental Report - shared with City staff - Scott Hiers The attached report was shared with City Environmental Staff; we also discussed it with them before proceeding with the rezoning because we wanted to be sure that they too agreed with the conclusions, which are as follows: Dead Dog Cave – entrance has been paved over in the TxDOT right-of-way for over 40 years: 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. 14 May 2021 Mr. Brett Denton Ardent Residential 5453 Burnet Road, Suite 203 Austin, Texas 78746 Dear Mr. Denton: KARST SURVEY RE: Draft Comprehensive Report – Luby’s Site at Steck and MoPac 8176 North MoPac Expressway Austin, Travis County, Texas HJN 21048.001 Per your request, Horizon has summarized the tasks listed below related to karst features/caves located at the Luby’s restaurant site (subject site) and/or the immediate site vicinity. In addition, the information/reports for each listed task are attached to this letter report. The objective of the karst survey was to evaluate the structural development, subgrade extent, and habitat potential for endangered karst invertebrates at approximately 1 geologic feature (F-1). This feature is a subsurface void covered by a storm sewer lid located along the eastern property boundary of Luby’s along the southbound service road for the MoPac Expressway. Based on the results of the karst survey, feature F-1 …

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B-06 Citizen Comments.pdf original pdf

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From: To: Subject: Date: Mark Walsh Sirwaitis, Sherri Case No. C-14-2021-0100; Rezoning 8176 N MoPac Expressway Monday, August 2, 2021 10:23:08 PM *** External Email - Exercise Caution *** Subject: Case Number C14-2020-0100, Re-Zoning Request Contact: Sherri Sirwaitis Public Hearing: August 3, Zoning and Platting Commission Good afternoon Ms. Sirwaitis, I received the Notice of Public Hearing for Rezoning on the above-referenced case. I am not able to attend the hearing but would like to register my objection to this rezoning application. I have lived at 8228 Summer Place Drive for over 30 years and am aware of the traffic patterns and problems surrounding the property at 8176 N. Mopac Expressway SVRD SB. I feel re-zoning this property from LR (Neighborhood Commercial district) to MF-6 (Multifamily Residence (Highest Density)) is inappropriate. I want to thank the Zoning and Platting Commission for soliciting input from residents within the area. I think this is a wise and important step in the evaluation process. In conclusion, I object to the rezoning and want to urge the Zoning and Platting Commission to deny the request. Respectfully yours, Mark Walsh 8228 Summer Place Dr. Austin, Tx, 78759 Daytime telephone: 512-343-1414 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. From: To: Subject: Date: Susan Summers Sirwaitis, Sherri Objections to zoning change Monday, August 2, 2021 3:39:20 PM *** External Email - Exercise Caution *** Dear Ms. Sirwaitis, I write to record my opposition to the proposed zoning change for the Luby’s property at the Mopac-Steck intersection. I believe that a combination of decreased business for Luby’s and diminished traffic due to the pandemic have caused a false picture of traffic conditions in the area. I have been familiar with this area for 33 years. Ingress and egress at this property have always been extremely problematic. My first point: when Luby’s was a “going” business, people going west on Steck would turn left across eastbound traffic to enter the parking lot. This caused long and frustrating waits for people in the cars behind them. A densely populated apartment house will once again make this a problem. Second, at peak times one can wait through 2 traffic lights in the left lane when headed east on …

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Zoning and Platting Commission Q and A Report.pdf original pdf

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Zoning and Platting Commission Q & A Report B-06 C14-2021-0100 - Luby's Site; District 10 Commissioner Thompson: A quick internet search indicated that this property falls within the habitat map for karst invertebrates within the BCP. We’ve also received some materials suggesting historical presence of karst invertebrates in the Dead Dog cave beneath the property. What are the requirements to survey and mitigate for impacts to listed karst invertebrates within the Balcones Canyonlands Preserve? Staff Response: to authorities for certain projects per LDC 25-8-691 through 25-8-696. The applicant will need to work with appropriate authorities, either in the BCP or Fish and Wildlife, to ensure compliance with the Endangered Species Act. WPD staff will review the project for compliance with Critical Environmental Feature requirements per 25-8-281 when a site plan is submitted. Commissioner Denkler / Applicant response in red: Has the applicant or property owner had any discussions with the city regarding the affordable housing? Because the applicant is not seeking VMU overlay and is not in a regulating plan or downtown, there is no City program tied to rezoning that requires affordable housing and the City cannot independently require affordability. Instead, the applicant has voluntarily offered to provide income-restricted units for 40 years. Is the applicant using any government or private financing to finance or build the 28 units? (Application says they are not proposing Smart Housing.) The applicant has not indicated that there are any government subsidies associated with the redevelopment and instead has indicated that these Affordable Units would be privately financed. Are the 28 units proposed as rental units or for purchase and for how long? How would the city guarantee this, through a contract or public restrictive covenant? The applicant has indicated that the redevelopment will be for rental units and that 10% of the units would remain affordable for 40 years. Because the City cannot require affordability in this case, the applicant has indicated that it will be entering private restrictive covenants with NWACA (neighborhood association) and HomeBase (Habitat affiliate).

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