Neighbors fear medical office would draw too much traffic on crowded road

An agent on a Northwest Austin zoning case took Chair Betty Baker’s advice last night and requested a continuance on the case until November.

The rezoning of the former Texas Cosmetology Commission building at 5717 Balcones Drive off MoPac Boulevard, now owned by SWD Partners, was strongly opposed by its neighbors. With a bare majority of the commissioners on the dais, Baker knew the case was likely to fail. Baker made a strong recommendation to Lynn Ann Carley to ask for a continuance and go back and renegotiate her case.

The two-story building sits on a 1.8-acre parcel that was never rezoned because it belonged to the state. Carley, of Armbrust & Brown, advocated for rezoning the property from SF-3 (single family) to GR (community commercial).

Staff argued in favor of GR with an additional conditional overlay that would exclude about two-dozen uses, restrict impervious cover to 70 percent, limit the floor-to-area ration to 0.29 and set a maximum vehicle trip limit of 2,000 per day. The GR-CO zoning was considered compatible with existing office uses and limited to compatible uses, with a minimal impact if the only access was taken off Balcones Drive.

Neighbors favored the less intense LO (limited office) zoning. Balcones is a two-way street with limited access that runs parallel to MoPac. Neighbors argued that it is a prime arterial used by homeowners to access both Northland and MoPac.

Carley’s case was that the 18,000-square-foot building would be reused as a combination of an office for an ophthalmologist, plus retail space for the sale of eyewear. That retail space for the sale of eyewear pushed the percentage of retail above 10 percent on the property, out of the LO zoning and into the GR category.

“Also, if market conditions change for this location, then we want to add more retail, if that’s what makes sense for this location,” said Carley, who argued that the zoning was no more than intense than adjacent property to the north.

Bill Bradley, president of the Northwest Austin Civic Association, pointed out that two other projects in the area were adding 5,200 trips a day to the neighborhood. Ann Denkler said that the intersection of the roads out of the subdivision made it a dangerous intersection for a building. A local orthodontist spoke of traffic so congested and confusing that it was impossible to turn left back onto Balcones

Carley argued that she had pursued an exit onto the frontage road of MoPac to alleviate the pressures on the neighborhood but that the site was not properly spaced for a driveway given the 50 mph speed limit for the frontage road.

After hearing both sides of the case, Baker strongly encouraged Carley to advise her client to seek a continuance on the case. She asked Carley to see if her client could accept GO (general office) zoning, which would allow the owner to add retail as an accessory use as long as that accessory use is related to the office use in the building.

Baker also wanted to ask whether a number of uses could be prohibited and that vehicle trips be limited to 1,000 trips per day. Carley agreed to the continuance. The case will likely be heard November 4 with another delayed case off Balcones Drive in the same area.

Supporters of affordable housing are launching a major push to get $75 million included in next year's planned City of Austin bond package to fund affordable housing programs.

Leaders of a recently-formed coalition called HousingWorks ( http://www.austinhousing.org ) hope to secure the signatures of more than 30,000 voters in an effort to convince the City Council to put the $75 million figure before voters as part of the overall bond package, rather than the $25 million originally suggested for affordable housing by City Manager Toby Futrell earlier this year. (See In Fact Daily, April 8, 2005)

Council Member Raul Alvarez and Mayor Pro Tem Danny Thomas joined HousingWorks members outside City Hall on Tuesday to kick off their signature drive. "Often, this is not an issue that resonates with elected officials," said Cloteal Davis-Haynes, a HousingWorks member. "Often it's at the bottom of the list. It is time to make affordable housing the top of the agenda."

Under the program outlined by HousingWorks, the bond money could be used to provide permanent housing for low-income families, emergency housing repair, new construction of single-family homes, or financial assistance for some first-time home-buyers.

"Today, over 54,000 Austin households are paying beyond their means for housing," said former Mayor Gus Garcia. In addition to helping the elderly or low-income families with young children, Garcia said the housing bonds could also help more city employees live within the city limits.

HousingWorks members are also promoting the $75 million amount as having a significant ripple effect on the region's economy. "It's estimated the $75 million we're asking for bonds will leverage at least $300 million in additional investments by banks, private foundations, and the public sector," said Karen Langley with Family Eldercare. "Additionally, bonds create new jobs in construction and related industries."

The group also pledged to keep a close eye on the finances of groups receiving any money from the housing bond proposal, should it be approved by voters. That includes regular financial reporting by non-profit groups receiving bond funds.

Council Member Lee Leffingwell did his colleagues a good turn on the zoning front by brokering an agreement between two West 6th Street property owners and other non-business members of the Old West Austin Neighborhood Association (OWANA) recently. The Council approved the compromise unanimously at its September 1 meeting, although the matter has yet to be scheduled for second and third reading.

The lots being rezoned, 1706 and 1708 West 6th Street, are two of many that once housed families but have become offices for small businesses. Property owners Sara and Jeffrey Leon and Don Henry say they want to follow the neighborhood plan—which calls for offices along the north side of the street. In fact, almost all the houses along the street seem to have an office use, not residential. That fact is not lost on OWANA members who see their residential neighborhood slipping away.

Both staff and the Planning Commission recommended that the zoning be changed from SF-3-NP to NO-MU-CO-Neighborhood Plan for the two properties that lie very close to the entrance to MoPac. When the case came before the City Council on Aug. 25, neighbors had submitted a valid petition against the zoning change, so six votes would be required to approve it. Attorney Richard Suttle, representing the property owners, talked to the opposing neighbors, asking them to work for a friendly resolution.

Leffingwell worked with both sides to reach a compromise, which includes a seven-item list of agreements. Leffingwell said the intent of the agreement is to satisfy the neighborhood and make as few changes as possible to the site. He said if the city had been enforcing its zoning code proactively—a function that was seriously cut during hard budget times—the situation might not have arisen. “We can look forward to better code enforcement, to make sure that the neighborhood plans are followed accurately.”

The neighbors supported the proposal based on the following conditions:

• All vehicular Access for any use other than residential will be limited to the driveway configuration shown on the attached Exhibit A off of 6th Street, serving both 1706 and 1708 W. 6th St. (trash and mail ok off the alley)

• Trip limits in Neighborhood Plan increased to 145, (68 trips for 1706 and 77 trips for 1708 W. 6th St.) based on the existing square footage of the existing houses (excluding any square footage associated with the garages). Site development for office space is limited by the existing square footage.

• A continuous masonry fence will be constructed along the north property lines.

• Trash will not be managed in dumpsters.

• A site plan will be submitted within 90 days after approval of the zoning and approval will be diligently pursued or the non-residential use will cease.

• Construction of the driveway and masonry fence will commence within 120 days of approval of the site plan by the City and will be diligently pursued to completion or any non-residential use will cease.

• Direct city staff to explore the possibility of permitting the properties to be legal non complying/conforming structures The goal is to not require any changes to the site or the buildings to change the use.

In regards to item 7, Jerry Rustoven manager of Zoning, Annexation and Historic Properties said the owners wanted to get legal status for the existing structure.

“We told (them) to give us a list of things you don’t want to comply with on the code,” he said. “They have done that and we have set up a meeting on Friday to discuss these things. We’re still talking with them about what things they want to try an have grandfathered, and we’ll have an internal meeting on that next week.“

He said the case would probably not come up for second and third reading until October 20 at the earliest.

©2005 In Fact News, Inc. All rights reserved.

Protest at the ballot box . . . Austin NAACP President Nelson Linder urged the participants in a "town hall" style meeting on the death of a suspect in APD custody to make their displeasure known at the ballot box next spring. He told the crowd of about 40 people gathered in the auditorium of the Carver Museum that the city's current elected officials had not taken an enough of a role in addressing the needs of African-Americans in Austin. "We are in the midst of a political season," he said. "We don't see our City Council talking about it. We shouldn't have people in political offices who are afraid to address injustice, because that's not what we're about. If we're going to put people in Place 6 or other places to address these issues, then they should be courageous enough to address these issues." . . . Meetings . . . The Environmental Board meets at 6pm in Council Chambers at City Hall. On its agenda is a staff report on an amendment to the city’s agreement with AISD on development standards applicable to school district facilities. . . . The Planning Commission Neighborhood Planning Committee meets at 6pm in room 500 at One Texas Center . . . The Water and Wastewater Commission meets at 6pm in room 104 at Waller Creek Plaza . . . ZAP postpones cases . . . The Zoning and Platting Commission postponed two controversial cases – The Crescent in the 900 block of West Cesar Chavez and the Gables/LIC Project at 901 West Cesar Chavez on the Lumberman’s tract – during last night’s meeting. The two cases, which would have rezoned property from DMU to DMU-CURE, will be heard on November 1. . . . Flu shots available . . . The Williamson County and Cities Health District (WCCHD) will be holding special flu vaccine clinics for high-risk individuals lacking other resources for flu shots. On October 14, clinics in Round Rock and Cedar Park will be giving flu shots for high-risk persons from 8am to 4:30pm on a first-come, first-served basis while vaccine is available, followed by clinics in Georgetown and Taylor on October 20. Check www.publichealthwilliamson.org for more information. . . Commute Solutions . . . October is Commute Solutions Month and Capital Metro will be out in force today to offer beleaguered commuters a host of alternatives to driving alone in a car. The event, mainly a media photo opportunity, is set for 10am at the intersection of Dawson Road and West Riverside Drive (just east of the Palmer Events Center near the overhead railroad tracks). Capital Metro representatives, along with Commute Solutions representatives and partners will be on hand to demonstrate several commuting alternatives. There will be a variety of vehicles arranged side-by-side with signage indicating the monthly cost to use the vehicle for commuting. Also look for the Vanpool van; the GREENride Toyota Prius; the unveiling of “Dump the Pump” billboard and other advertising materials; the unveiling of “Let’s Ride Together” coloring page; and the introduction of updated Web site that informs new Capital Metro customers how to ride the bus.