Linda Bailey gave this presentation to the Lost Creek Civic Organization on her experiences with zoning change proposed for Champions 3, property near the intersection of Loop 360 and 2222
4. CUT/FILL
VARIANCEEXHIBIT
NOTES:
1. EXTENT OF TERRACE WALLS MAY VARY TO ACCOMMODATE STRUCTURAL WALL DESIGN. TOE/TOP
OF WALL MAY EXTEND BEYOND LIMITS SHOWN HEREON.
2. EXHIBIT INDICATES PRELIMINARY FINISHED GRADE OF SURFACE AND BUILDING COMPONENTS,
INCLUDING UNDERGROUND GARAGE STRUCTURE.
3. STORMWATER QUALITY TREATMENT FACILITIES WILL BE REQUIRED BUT ARE NOT SHOWN ON THIS
EXHIBIT. PARTICIPATION IN THE CITY OF AUSTIN REGIONAL STORMWATER MANAGEMENT
PROGRAM IS ANTICIPATED - NO ONSITE DETENTION PONDS ARE SHOWN.
4. THE PRELIMINARY DESIGN INFORMATION SHOWN HEREON HAS BEEN DEVELOPED UTILIZING
CURRENTLY AVAILABLE SITE INFORMATION AND UNDER ASSUMPTION THAT THE REQUESTED
ZONING CHANGE, VARIANCES, AND DENSITY BONUSES ARE GRANTED BY LAND USE COMMISSION.
SITE DESIGN IS SUBJECT TO CHANGE DUE TO UNKNOWN SITE CONDITIONS OR DEVIATION(S) FROM
THE ANTICIPATED DEVELOPMENT REGULATIONS.
5. LIMITED TOPOGRAPHIC AND BOUNDARY SURVEY CONDUCTED BY CHAPARRAL PROFESSIONAL
LAND SURVEYING, INC. ON SEPTEMBER 29, 2015.
6. CONTOURS OUTSIDE OF THE LIMITS OF SURVEY ARE BASED ON PUBLICLY AVAILABLE CITY OF
AUSTIN G.I.S. DATA.
7. CONTOURS SHOWN ARE 5 FOOT CONTOURS.
CUT VARIANCE TABLE
CUT RANGE (FT) AREA (ACRE) % OF DISTURBED
AREA
% OF OVERALL
SITE AREA
COLOR
-32 -28 0.000 0.0 0.0
-28 -24 0.005 0.1 0.0
-24 -20 0.060 0.6 0.1
-20 -12 0.400 4.2 0.9
-12 -4 0.800 8.5 1.8
FILL VARIANCE TABLE
FILL RANGE (FT) AREA (ACRES)
% OF DISTURBED
AREA
% OF OVERALL
SITE AREA
COLOR
24 20 0.000 0.0 0.0
20 12 0.460 4.9 1.0
12 4 1.835 19.4 4.0
NON-VARIANCE CATEGORY
CATEGORY AREA (ACRES) % OF DISTURBED
AREA
% OF OVERALL
SITE AREA
± 4 FT 2.500 26.5 5.5
BUILDING COVERAGE 3.380 35.8 7.4
TOTALS 9.440 67.8 14.1
STRACT3
AUSTIN
NTY,TEXAS
00 100' 200'
GRAPHIC SCALE 100'
Hidden Driveway Blind Curves Primary Driveway
5. Players
• Jim Duncan expert
• Brad Rockwell lawyer
• Shepherd Mtn, valid petition
• 7 neighborhoods for (~100 people engaged),
1 against
• Richard Suttle – lobbyist represent
Champions
6. Timing
• File Application
• TIA Scoping
• Started ZAP May 2016
• City Council Three Readings
• three readings – final vote Nov 10, 2016
• citizens communication
• Election issue wanted the vote before Nov 20
• Final Vote Nov 10, 2016
7. Outcomes
• Vote 7 to 4 against, valid petition - invalidated by 5’
• For – Gallo, Pool, Kitchens and Houston
• Against Caesar, Renteria, and Garza for Affordable Housing
• Against Adler, Zimmerman, Tovo, Troxclair for Developer
• Applicant bolted and Champions found new buyer
8. What We Learned
• The more expensive the lawyer, the more variances the applicant wants
• Organize around Safety
• Finding info on city site is difficult, three places to get good zoning info
• Council member should know the facts and lead discussion on dias
• Valid petition invalid with large land area
• Endangered species violated and no penalty
• The applicant can disappear or be a decoy
• Local News media
9. What We Did About it
• Voted to oust Sheri Gallo
• Four worked together
• 78% for Alter
• Sent a message to the Mayor
• Notice to lawsuit
• Stick together now with upcoming zoning cases
10.
11. Environmental Impact – What’s Better Current vs Proposed
Raw Land
Topography
Acres
13.2
13.4
10.38
8.4
45.38
Slope %
0-15%
15-25%
25-35%
Over 35%
Total Acres
Current GO
LAWO
Limited
Acres
8.58
2.01
0.52
0
11.11
Proposed
Rezoning
MF-4
acres
2.20
2.32
0.90
0.07
5.49
Delta
Current
to
Proposed
0.44
-1.25
-0.48
-0.07
-1.36
Current
GO HCRO
Limited
Acres
2.64
1.07
0.42
0.00
4.13
12. Trip Limit – What’s Better Current vs Proposed
Current
Trip Limit
567
Proposed
Trip Limit
2100
Editor's Notes
Where is it? Located at intersection of CPR and FM 2222, 45 acres of raw land. 7 neighborhoods exist along CPR with recent building. Ends at Emma Long park – essentially a very long cul de sac.
200’ drop from top to bottom
Creek parallel to CPR
Know safety dangerGolden cheeked warbler,
Entrance on LOS rated streets
Grandfathered from fees
Most effected Concern of home price drop, right to valid petition
http://www.austintexas.gov/gis/ZoningProfile/
Most effected Concern of home price drop, right to valid petition
Grandfathered LAWS
Subject to HCRO
Point out entrance/exit, West and east buildable space, gorge, slope
Entrance on LOS rated streets
Most affected due to home price
Grandfathered 1986 LAWS
Subject to HCRO
Golden cheeked warbler,
The applicant wanted 300000 gross sq ft to build apartments, office and retail, MU/CO, double TIA 2100 trips, Applicant grandfathered from fees
Current laws 30,000 sq, GO/CO with trip limit. They wanted 10 times the allowable space and had to violate HCRO to do it.
We started organizing and profiled our neighbors as
not opposed to growth, educated and intelligent but uneducated about city code of any kind
not tree huggers or very concerned about the environment, not knowledgeable about land use and/or rezoning.
but VERY CONCERNED about Safety and concern that rules should be followed.
SHOW PROPERTY LINE AND valid petition area
Staff can ask for mulitlple postponements, neighbor one
Took 7 months
Vote 7 to 3 against, Lost because of valid petition
Normally, the Council follows the lead of the council member who’s district the case is in, but it takes a and Garza and Pio vote for “affordable housing,
persuasive argument on Sheri’s Gallos’ part and she did not attempt to influence - in fact it wasn’t even obvious this case was in her district, because she was mute most of the time.
Caesar
Those voting for us, Gallo, Houston and Kitchens
News media
Applicant bolted and Champions found new buyer
Conservation Easement in the EAST – perpetual tax break. What is said is not biding, only what goes in the ordinance ance is binding
say, set up conservation area – huge tax write off
Tree cut down <8”, not keep natural Final MF/CO 300,000 ten times
TIA 2100 trips
LAWO allowable IC of 11.11 acres 3) BUT HCRO limits IC to 4.13
It Takes 6 votes!
We turned this into an election issue and got over 150 names on a letter Well, I’m sure much of it was luck and good timing. Four of us worked together. We just focused on our precinct. It voted 54% republican November 8th and 47% for Gallo. By December 13th it voted 21% for Gallo and 78% for Alter.
Those that voted during the Holidays voted for Alter. Tough time to get votes. Overall City 65% for Alison. Sent a message to the Mayor
In Summary, We argued on the merits of the zoning case and did not have an
Advocacy plan
Wish we had a panel discussion and info like Paul Schumman has prepared
1) Describe, slope % and Tract 3 topography characteristics, 2) show LAWO allowable IC of 11.11 acres 3) BUT HCRO limits IC to 4.13, less than 4) the proposed by 1.3 acres.
2) BUT 6.66 if use KH Slope Map based on Chaparral survey Sept 29, 2015, and 7.14 if based on K-H Chaparral survey Sept 29, 2015
and 6.49 is based on Jan 2008 GIS Slope data
The proposed rezoning does not utilizing the buildable flatter area, overusing the environmentally sensitive slope area.
5) Conclusion: As you would expect in any professionally run service organization, the City has no defined standard, checklist or procedure to evaluate environmental impact. It appears arbitrary and Ms Hart this one of the reasons why the neighborhoods do not trust the results of the proposed rezoning.
Our conclusion is the proposed rezoning should not be approved.
Bad precedence for Hill Country to grant these variances
HCRO Mod Intensity FAR
0.2
0.08
0.04
0.00
Guernsey said” xxxx
Numbers verified because they match Jim Duncan’s calculations