Overview 04Apr10

Items related to Cherrywood planning & zoning updates, and to related City initiatives.  Of continuing interest is the advuce given by notable is Pat Grigadean's "interest-based" approach to reaching decisions on controversial questions., which recur...

 

Chronology

04Apr8 Girard Kinney's April 8 memo (to be followed by a more complete report on current planning issues)

04Mar10  Materials on the Residential Parking Permit program

 

04Mar6 Materials on the Cafe Lux proposal

03Sep25 City Council amends Land Development Code for Central Austin (re: porches, setbacks, garages, front yard parking)

03Sep7

P&Z Committee Chair elaborates on Building Permits and Variances

SF-3 is the Zoning category that applies to almost all residential properties in our area, which simply limits the occupancy to single family residences and, where there is at least 7000 square feet, duplexes and small detached residences ("Granny Flats or Garage Apartments); and for which certain code requirements are triggered. I think the "NP" is a newly imposed designation and refers to the fact that City Council has adopted the Upper Boggy Creek Neighborhood Plan, which 5 neighborhoods, including Cherrywood, comprise. Here is the problem, and I want to be honest with you about what my own position may be on this, apart from what may be the position of others. To my knowledge, there are basically three reasons for side yard setbacks (which are usually 5 feet, measured inward from the side property line. They are:  (1) Utility easements. These easements are there to allow public or private utility companies to place and maintain various utilities. If you have one, you most likely will not be able to get this variance, even if the Neighborhood were to support you. Sometimes such easements exist but have no functional purpose; i.e. the electrical, telephone, gas, water, sanitary sewer or storm sewer line(s) for which they were intended were never placed or have been relocated. In these cases it is sometimes possible to have the easement vacated, and this can be a lengthy process (but worth it). If you have a survey of your property, it should show the easements, but sometimes they only show up after a variance request such as this triggers a search by the various city departments.  (2) hen both residences build up to the setback, there is still always 10 feet between the vertical structures, and even if both structures have the maximum intrusion of roof overhangs into the setback (24"), there is still 6 feet between overhangs. Since most residential construction supports combustion, this means that fire can much more easily spread from one residence to another when these setbacks are not observed. This becomes especially important when one or both of the residences is unoccupied and thus there is no one to notice the fire when it starts. One remedy to this, in lieu of disallowing intrusions into the side yard setback is to require that any construction that occurs there to consist of noncombustible materials. With a carport, for instance, this could mean steel or aluminum columns, beams, joists, deck and roof.  (3) To allow visual surveillance and access by law enforcement officers. Police use the spaces between buildings to see back into properties when they are looking for perpetrators of crimes; some who might be fleeing, others who may be trying to break in or peep in to residences. They can be more effective in catching bad guys and preventing break-ins when they can at least see, and preferably enter, these spaces between buildings. I think that this particular feature of setbacks is often defeated by legal privacy fences and thus is not usually cited as a basis for denying a variance, but it is one that the applicant and the adjacent neighbor need to consider when deciding whether to seek a variance to allow construction in a side yard. Of course a completely open (i.e. without walls) carport, if that is what you propose, would not violate this function of a setback.  I personally favor the densification of the neighborhood and thus am personally not opposed to building closer together as long as the fire safety concerns and police surveillance issues can be accommodated in some way. But I do not get to decide these things, and some folks in the neighborhood do not agree with me on this.  If you were not aware of these bases for the side yard setbacks, I hope this information is of help. As I mentioned, if your neighbor is in support, I think this would weigh heavily in the consideration of the Committee and The Neighborhood in whether to support the variance, as would consideration of the applicability of the functional considerations I mention above. -Girard Kinney (Chair, P&Z)- ~  ~  ~ Setback requirements, by zoning district . Residential building permit application . City development review, information .

01SEP2

Planning and Zoning Committee Meeting Minutes for Thursday, August 23, 2001 (Mike Damal notes)

Girard Kinney, Dorothy Wade, Brian Block, and Mike Damal Attended.  Three topics were discussed--Upper Boggy Creek planning efforts, Austin Energy substation, and anonymous letter received by the committee.     The efforts of the Upper Boggy Creek planning team were discussed. MD stated he overall highly supported the efforts of the team, although he has not been greatly involved due to scheduling conflicts. He noted the planning teams seem to be directed to get the neighborhood to ““approve”” higher density development--he is not directly opposed to this, his main concern is for quality ““street friendly”” development. MD is of the belief that market forces will drive the density--we should try to influence the quality and character (street, neighborhood friendly) development. MD stated he thought the CNA’’s development guidelines should be at a minimum, incorporated into the Cherrywood section of the UBC design guidelines. The committee voted unanimously to recommend CNA’’s development guidelines be introduced to the UBC design guidelines. GK stated that such guidelines should be codified and be enforceable to protect the neighborhood from unwanted development. The committee was in general agreement on all aspects talked about in this area. GK and MD both emailed Lynn Estabrook about their desires to be active in the design development guidelines.      MD stated that at the meeting with Austin Energy last week, concerns over the cost of the screen meshing for the electrical substation facade were presented. Both MD and Mark Lind (the other CNA rep at the meeting) stated that a lower cost substitute should be sought, but that the overall design presented should not be radically changed. MD mentioned that politically Austin Energy should stick to the design presented at the last neighborhood meeting so it does not appear that a ““bait and switch”” tactic was used. GK mentioned that the budget allowed for the facade may not be adequate due that this was a different type development for Austin Energy. Austin Energy appeared genuinely receptive to our comments, and will get back to the committee in the next few weeks.      MD received an anonymous letter stating ““People along he banton, rountree, basford streets have tried calling the city because a man named Robert has 2 illegal duplexes. This is not right, but we feel like the city has not helped us. Can you look into it please. His addresses are 3402 and 3403 banton road. We don't want to mention our names to keep the peace.”” MD stated that the tax roles do not show anyone named Robert as the owner, andboth properties have recently sold. MD and GK were going to look at one of the for sale properties, however, it appears both have now been sold and are off the market. MD stated he is disappointed in this type of tactic, the P&Z committee is not the ““zoning police”” and will not do someone else’’s ““dirty work”” for them. Anonymous letters are only appropriate in cases where your physical safety may be in question--in this case they are inappropriate. MD will present this info at the next steering committee meeting--this might be a good topic for an upcoming Flea article.

01JUN22

AUSTIN ENERGY'S Fiesta substation: Design Conference notes. PDF (100KB)

01JUN20

AUSTIN ENERGY's Fiesta electric substation.   <Judy.Fowler@austinenergy.com>

The following is in response to Gordon's e-mail of June 18. As I wrote to Gordon yesterday, I have just finished up a project that took me out of commission for a couple of days. We will see everyone on Friday at Asbury. Judy 1. [gb]  There appears to at present be no coordinated design team. Normally a project like this would have a fully coordinated team of people who contribute a complete design. In addition to the Architect, this would include civil engineering, perhaps MEP (mechanical, electrical, plumbing) engineering, structural engineering, site lighting, and Landscape Architecture, all disciplines that are in various ways involved in the appearance of the building. What he observed was something very different.  Lars is simply providing architectural services for the "shell" of the building and the screen around the equipment. [jf] LARS IS THE ARCHITECT. ABB HAS THE ELECTRICAL, CIVIL AND STRUCTURAL SUPPORT FOR ANY INFORMATION AND ASSISTANCE LARS MAY NEED.  AS WE DISCUSSED AT THE LAST MEETING, THE LAYOUT OF THE SUBSTATION PROPER CANNOT CHANGE BECAUSE OF THE EQUIPMENT AND SITE LIMITATIONS. OUR UNDERSTANDING WAS THAT LARS WOULD WORK ON COMING UP WITH ELEVATIONS OF THE BUILDING AND WALL ALONG THE LINES PRESENTED TO AUSTIN ENERGY AT THE LAST MEETING.  LARS WILL BE WORKING WITH THE ABB STRUCTURAL ENGINEER TO MAKE SURE THAT EVERYTHING IS COORDINATED. LARS UNDERSTANDS AND THINKS IT IS APPROPRIATE THAT THIS IS AN ENGINEERING PROJECT AND HE IS COORDINATING HIS WORK ON THAT BASIS. WE HAD A PERIOD OF TIME THAT LARS CONTRACT WAS BEING DISCUSSED AND AUSTIN ENERGY HAD TO USE PUBLIC WORKS TO SECURE AND NEGOTIATE THAT CONTRACT. LARS CONTRACT WAS NOT FULLY SIGNED UNTIL THE END OF APRIL. 2. [gb] Does Lars know who the Civil Engineer is, much less have a working relationship? Girard didn't mention the problem specifically, but he mentioned nothing of coordination here either. Back in March the “prime" consultant was ABB T&D who has "canned" designs for projects like this. Consort (Ben Turner) was going to be a SubConsultant to the Prime to provide local "site adaptation." When an Architect came into the picture, the first proposed was GSC (Trenton Wan), but that changed. Is Consort still involved, just not GSC? Who is the Civil now? Do they and Lars work together? [jf] ABB IS THE CONSULTANT. AS FAR AS "CANNED" THE LAYOUT OF A GIS IS VERY TECHNICAL AND I UNDERSTOOD THAT THE NEIGHBORHOOD APPRECIATED THE FACT THAT THE SUBSTATION HAD BEEN SITED AS FAR INTO THE FIESTA SITE AS POSSIBLE BECAUSE IT PULLED IT AWAY FROM THE STREET.  LARS KNOWS THAT ABB IS AVAILABLE AND I KNOW HE IS WORKING WITH THEIR ENGINEERS. HE IS COORDINATING WITH THE LANDSCAPE PERSON TO ASSURE THAT THE LANDSCAPING COMPLIMENTS THE DESIGN. AS GIRARD KNOWS BEN TURNER IS NO LONGER A PART OF THE TEAM AND TRENTON WON WAS NOT SELECTED AS THE ARCHITECT. AS YOU WILL REMEMBER LARS ATTENDED THE LAST MEETING ALTHOUGH HE HAD NOT BEEN FORMALLY HIRED.  3. ]gb] Lars expressly did not know who the Landscape Architect would be! The Future bus stop, a pavilion there, hardscape (ground surface materials other than plants), softscape (plantings), site lighting and grading are all things that need to be done, and are integral parts of a complete design, but which appear not to be coordinated by the Architect. [jf] THE LANDSCAPE PLAN WAS PREPARED BY CARL SCHATTENBURG WHO WORKS FOR AUSTIN ENERGY. EVERYONE WHO HAS SEEN THE PLAN SAYS IT IS REALLY IMPRESSIVE. AFTER THE BUILDING ELEVATIONS AND DESIGN ARE APPROVED THE LANDSCAPE PLAN WILL BE REVIEWED AND REVISED IF NECESSARY TO MAKE SURE THE LANDSCAPING IS COMPATIBLE.  WE STILL EXPECT THE NEIGHBORHOOD TO HAVE INPUT. CAPITAL METRO FINALLY RESPONDED TUESDAY MORNING AND THEY DO NOT WANT A BUS STOP THAT CLOSE TO I-35 BUT WOULD ENTERTAIN IMPROVEMENT IN THE ONE FURTHER WEST. AUSTIN ENERGY WILL WORK TOWARD THAT GOAL UNLESS THE NEIGHBORHOOD DOES NOT WANT ANY IMPROVEMENT IN THE BUS STOP.  HOPEFULLY THIS WILL ASSURE YOU AND GIRARD THAT EVERYTHING IS BEING COORDINATED. THE REASON WE HAVE NOT REQUESTED ANY FURTHER MEETINGS IS THAT LARS DID NOT HAVE ANY DESIGNS READY TO BE SHOWN. AUSTIN ENERGY PERSONNEL, LARS STANLEY, ABB, AND THEIR CONTRACTORS ARE ALL WORKING TOWARD HAVING A STELLAR PROJECT. ALL OF US WANT THIS TO BE AN AWARD WINNING PROJECT.

01APR10 3203-1/2 Cherrywood

On another note I called into Zoning Enforcement an illegal duplex that was offered for rent at 3203 1/2 Cherrywood.  Julie Wilkinson is the owner at 626-8693.  I met with Julie today asking to look at the duplex (a bargain--one bedroom for only $900/month!), and then stated my intensions/concerns as a neighbor.  I gave her a copy of zoning 101, development guidelines, and the letter CNA sent to David Desliva concerning the illegal activity at 3809  Cherrywood.  Hopefully she will be getting permits soon for a "duplex conversion"--allowed on her lot, however most of the "work" has already been "completed".

01Mar11 Variance request for 3101 Robinson (from Mike Damal)

I recieved a call today from Margot Brown at 3101 Robinson--she is requesting a variance for a garage apartment at her residence.  I am sending her the development guidelines, approval form, and vision statement tomorrow.  I have amended our letter to ask for both renter and owner approval within 200 feet and also that we have all materials three weeks prior to any city hearing.  (these two points were agreed to at our last meeting).  I will let you know if/ when I get any info back--she said they have a tentative hearing date mid April.

01Feb23 Electric substation issue heats up

First, two Calendar entries (finally settled, after some changes):                          - - - - - - - - - - - - - - - - - - - -                           AE DESIGN CHARRETTE                           *Mar 2 (Fri) 10a - 12:30p                           Asbury Methodist                           - - - - - - - - - - - - - - - - - - - -                          CNA PRE-CHARRETTE MEETING                           *Feb 25 (Sun) 11a - 1p                           3004 Breeze Terrace                           - - - - - - - - - - - - - - - - - - - -                    Now, what’s going on – why a “charrette?”...                    Austin Energy (AE) has contracted with ABB T& D Inc., a big                international firm, to place a new substation on the Fiesta corner, by Aug                1 they hope...                    AE’s Judy Fowler says they want this project to be exemplary, for us as                well as for hem (it will be Austin’s first installation using GIS                technology)...                    This corner may be an eyesore (Party Stop, Pinky’s, Short Stop) but it                will change dramatically as IH35 widens leaving just landscaping and the                substation.  GISs are small, enclosed, and quiet, and can look however an                architect chooses – unlike the acre-size outdoor Erector Set creations                (zap, buzz, hum) that are familiar around town...                    Imagine a corner with greenery, a pleasing GIS, and perhaps a landmark                astride it – who knows, a clock tower?  UT, Concordia, and Hancock to the                west – Blackland to the south, Wilshire Wood, and Delwood to the north –                ROMA’s redeveloped Mueller site to the east – IH35 depressed below grade                from the river to 51st St – recognized local elementary school, greenway                system, bike commute routes and other transit sanities, deeply rooted                churches, sense of community, flourishing neighborhood-oriented retail                around the perimeter – don’t stop there – in a generation, Cherrywood could                emerge as one of America’s great places to live!                    Enter the Dark Force...                   ABB could fulfill its contract by doing nothing more than dropping its                substation in a blockhouse compound, prettifying the wall to appease us,                collecting its check, and riding off – so far they have given no indication                of thinking otherwise...                    Which gets us to the Charrette (a collective design idea-sharing                exercise) – Mar 2 at Asbury is where we discover which way this process                really is heading –                    If indeed a mindless minimalist engine is running, I am virtually                certain that CNA will throw a wrench in the works...                    If the ABB side sends a senior Architect who is willing to design                around our vision, great.  We’ll have much to suggest (based on our our Feb                25 pre-charrette)...                    If they send a factotem, and show no interest in real design, those of                us who believe such things make a difference in our lives will try to                convince Judy, AE, Consort Engineering, GSC Architects, ABB contractors,                Planning Commission, City Council, and other Austin neighborhoods who might                have dealings with these folks that the modus operandi must be different...                    You are invited to participate...                    ABB’s proposed site layout is viewable as JPEG or PDF at                         [<cherrywood.org> | Projects | Planning]

01Feb10 Electric substation update

A 1-hour meeting was held Feb 9 (Fri) with Austin Energy attended by:     - Judy Fowler (AE Public Involvement & Real Estate Services Manager)     - Allen Small (AE Project Manager for this substation)     - Mike Damal (CNA Planning & Zoning Committee Chair)     - Gordon Bennett (CNA Web-butt)  v------------------------- Highlight Reel ----------------------v TIMETABLE    - CNA meets with the station’s architects Mar 2 (Fri), time TBA    - The new station should be up and running in 6 months (by Aug 1, 2001) WHO?    - AE contracts with ABB Power T&D Co. Inc. <http://www.abb.com/> for a turnkey station on Fiesta’s corner    - ABB hires a local engineer to secure the necessary permits, a local architect to design the compound, and a local contractor to build it. AE oversees scheduling, cost, & impact DESIGN    - The footprint is 120' x 67' aligned north-south on the greenspace behind Pinky’s Pagers. The setback from 38-1/2 St. is 100'    - The GIS unit itself is inside a building. A pair of transformers with switchgear are adjacent inside a 20' wall. The station is unmanned.    - The 3 corner businesses (Party Stop, Pinky’s Pagers, Short Stop) are unaffected for now    - If TXDoT takes the 3 businesses later for its IH35 upgrade, corner redesign has 2 constraints:         () A buried Duct Bank and Cable Trench may have no foundation above them         () Restoring pervious cover subtracted by the station would be first in line  TO BE NEGOTIATED LATER    - Landscaping    - Mitigation ^---------------------- Highlight Reel -------------------------^ TIMETABLE     AE needs this station desperately. Once the design and permits are in place, the facility will be dropped in quickly.  Any meaningful CNA input must be given by March 2...  WHO?     Our main contact at this point is Project Director Allen Small (505-7111, <allen.small@austinenergy.com>)     The local engineer seeking City permits is Ben Turner of Consort Inc. (315 Bowie St. 78703, 469-0500). He works with AE regularly, and has the same address as the architects (below).     The architects are Graeber, Simmons, and Cowan Inc. (GSC, 400 Bowie St., 78703, 477-9417) – we don’t know yet who they will assign ~ hopefully we can attract Director of Design Trenton Wann to the March 2 charrette.  DESIGN     We haven’t yet made direct contact with the architect. Mike delivered to Judy copies of all the design-oriented email that he received. Whether GSC is thinking of going beyond simply making the station “compatible with Fiesta” remains to be seen. We’re promised a charrette on Friday, March 2, probably in the morning.   We strongly hope the design accomplishes more.     Putting the whole facility inside a building instead of just the GIS itself would require a considerably taller building, perhaps in excess of 40' according to Small – so probably the partially open walled compound approach would be less intrusive.  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  (Comment by Girard Kinney)     This is where I might suggest something surprising to some. Looking down the road, "intrusiveness" may not be the problem; it might be the opportunity. If the building contained a taller element, that element might be a nice opportunity for a landmark at the Gateway to our neighborhood. Its four facades might contain clock faces, Cherrywood logo, Fiesta identification, all contained in a village tower that itself contained the tall equipment. Its roof could support any cell towers, satellite dishes, antennae and other normally ground sited equipment that may be needed for the project and the area, thus collecting the visual garbage and masking it behind the parapets of a village tower... the Cherrywood Village Tower could stand in a pedestrian-friendly corner greenspace that served as a ped/bike/transit node, and appropriate gateway to both the shopping center and our neighborhood.  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -    Judy finally made contact with TXDoT’s Glen McVey and now has info more consistent with our own.  However McVey curiously told her they would be upgrading IH35 “in stages” and that nothing much would happen to that corner “in her lifetime.”     When TXDoT finally does condemn ROW there, they would demolish the three corner businesses and their parking lots.  Might other retail then go in?  Probably not, says Judy, because Fiesta had negotiated leaving some pervious cover in the corner of its parking lot, thereby lowering its commercial value.  AE is condemning the pervious plot (based on this lower value).  I got lost in the details here, but Judy thought it would be incumbent on subsequent corner condemners (TXDoT) to try and restore the pervious area, and problematic to allow the earlier reserved pervious area to be re-opened for (uncompensated) non-pervious use.     In the long run, TXDoT may have more to do with the corner than will AE...     Only a parking lot that could be easily excavated, not a building, could go on top of the buried Duct Bank and Cable Trench that will run from 38-1/2 St. into the site.     Mike asked about burying some of the wires.  Judy explained that phone companies, cable companies, and newer fiber-optic cable companies enjoy legal access to power poles, and would have to be compensated for removing them.  But there is a fund for doing this in special cases (one of which is East 11th St. from IH35 to the Carver Library) to which we might apply.  She promised Mike further details. If we decide to pursue this, we should write it into our UBC Plan.  LATER     - Landscaping will be discussed after the other problems are resolved     - No further talk of  “mitigation” budget or accounting occurred at this meeting....

00Aug2 Illegal duplex on Cherrywood ~ let's foil it.  This property is being taxed by the TCAD as a "single-family residence" with the standard $15,000 exemption

(Aug 3) DIAZCARL@aol.com writes:      I have contacted the city of Austin Building and Permitt Enforcement Dept in Austin (Ms. Paula Hawkins, Area Inspector, (512) 499-2404).  She has verified that Mr. DeSilva has pulled permits but has never had inspectors approve any of the improvements.  The permits which were issued were not for the development and/or modification associated with converting a single family home into a duplex. Also, Mr. DeSilva has not followed through with the required inspections for which the permits were originally pulled for.  Ms. Hawkins mentioned that he cannot have the duplex occupied until appropriate inspections are complete and once a certificate of occupancy is obtained.    Ms. Hawkins has been very helpful and would appreciate your concerns to be voiced to her.  Carlos Diaz    (Aug3) jack@jackjoseynewman.com writes      I just talked to Mr. Desilva on the phone, and strongly suggested that he contact the CNA president (that's you, Jim), and arrange a face-to-face meeting with members of the SC. I gave him Jim's number, and let him know that a prompt meeting would be greatly preferrable to weeks and months of hostility towards his project. He was asked to explain his answer, if any, to the parking implications, among other issues.  Jack Newman   (00Aug2) Mdamal@aol.com writes       In this weekend's Statesman an ad for a 4 bedroom 3 bath duplex at 3809B Cherrywood was run, for rent for $1500/mo. This is the house on the NE corner of 38 1/2 and Cherrywood, the one with all the blocks out front for many months...     The owner, David DeSilva has illegally converted the downstairs area even after neighbors have complained and the city inspectors have warned him...    Please EVERYONE please call the ad at 789-6584 and voice your concern over this illegal activity. This is someone who is adding a total of 8 bedrooms for rent, which legally requires 8 parking spaces offstreet. This house does not have this type of parking and the overflow  parking will most likely go on Cherrywood, since there is no parking allowed on that part of 38-1/2...    I plan on calling the city zoning department and ask you to do the same. Please let me know your concerns and let me know if/when you call and the response you get...    David is also the owner of Mango's on Guadalupe--any thoughts of a boycott/protest there??? Let me know what you think...  Thanks, Mike Damal

00Jun18 P&Z Cmte meeting notes from Mike Damal

Gordon Bennett, Girard Kinney, Jim Walker, Steven Kreger, Mark Lind, and Mike  Damal attended.    The neighborhood planning process was discussed in some detail.  MD reported  and supplied information on the process and what other neighborhood are doing  with their neighborhood plan (Hyde Park, Old West Austin, Chestnut).  Last  Friday, MD went to the city and talked with Steve Barney on the process.  He  was told that Gina Kopic will be assigned to Cherrywood as our planner, and  we will probably start in the "late summer/early fall"  timeframe.  It was  noted that although this timeframe was stated any number of factors could  delay it.  I asked Gina and Steve what we could do to prepare for this, and  the two things they said were to build awareness and start  surveying/inventorying  the neighborhood.    The Cherrywood neighborhood plan will incorporate an area larger than the  current boundaries of CNA.  It will also include the Wilshire Woods and  Dellwood II neighborhoods to the north and the Blacklands neighborhood to the  south.  It was noted that CNA must work with and not alienate these areas.    These action items were decided concerning the neighborhood plan        1.  It was determined the best initial course of action was to start a  preliminary inventory of the    neighborhood and increase awareness of the  neighborhood planning process.        2.  JW has volunteered to do the prep work for a map of the neighborhood,  compatible with city    guidelines, that can be used for the survey/inventory  work.        3.  GK and SK have volunteered to provide the organization/process of for  the survey/inventory    of the neighborhood.  Presently the city’s maps are  outdated and do not show the proper     location    of business, garage  apartments, sidewalks, curb cuts, etc...  Volunteers will be needed to help  in  this effort.  GK and SK will write an article for the next Flea asking  for volunteers and  explaining the neighborhood planning process.        4.  GK is in contact with Blacklands, Wilshire Woods, and Delwood II  concerning I-35 issues--    he will communicate our initial intentions on  neighborhood planning, invite them to all of    our meetings, and encourage  them to take similiar actions.    The land at the former Value Sky Park was discussed.  This is a 5.7 acre plot  current zoned mostly LI (light industrial).  The land  directly south of this  site is presently being rezoned CS-MU-CO (general commercial services, mixed  use, conditional overlay)  through the Rosewood and Chestnut neighborhood  plans.  It is thought that the best chance for rezoning will occur when we  get our neighborhood plan.  It was determined a proactive approach is the  best way instead of being reactive to what might be built there.  It is  stated in planning commission minutes that any change in use  for the site  must go to the planning commission.  MD will draft a letter to the current  owner stating our concerns for development with the site, providing them a  copy of our vision statement and development guidelines. [TCAD has the owner of 2900 Manor listed as 2900 MANOR LTD, 7303 SAN PEDRO, SAN ANTONIO TX 78216-6225, right south of Central Park Mall near the airport.  As of 00Apr, land is appraised at $244,000, improvements at $380,000.  /gb]    No new info was provided on Austin Energy transformer site.  We will attempt  to contact Judy Fowler to find out the progress of site  acquisition/design/development.

99July28  Membership approves Development Guidelines for Cherrywood

28Jul99 Membership approves Cherrywood Vision

99Jun26  Vision Retreat 2.  A similar number take the next step.  See notes .

99May1 Vision Retreat 1.  30+ neighbors debate our way to a draft Cherrywood vision .

Apr'99 City Council supposed to act on Smart Growth initiatives.  BUT, with April's last two Council meetings canceled leading up to May 1 elections, and action needed on the Mueller Redevelopment Master Plan in time for the new airport opening May 3, April action on Smart Growth would be surprising.

99Apr17 (Sat)Creating a Livable Community: Neighborhood by Neighborhood Workshop.   Austin Convention Center, 7:30am-4pm.  Free + complimentary lunch for those who pre-register (limit 5/neighborhood).  Contact: Meghan Wieters 499-6386.  A "fair" of neighborhood stuff, including the Listening & Design survey, a Smart Growth initiative Q&A, and info on City programs to assist neighborhood planning.

Oct '98?   City says OK for SF-3 residence to be used for "Safety Services?" for 1107 E. 32nd St.

CHILDRENS' ADVOCACY CENTER                     CAC's Sandra Martin gives these specifics:                     1. In about 5 years' time they will run out of space and leave                 Cherrywood for more expansive quarters.  At that time they will sell 1110                 E. 32nd (the big red house with the sign in front and the parking lot,                 zoned "Community Office" I think).  Also at that time they will sell 1107                 across the street (a house, zoned "Single Family Residence").                     2. They are NOT asking the City for any change in 1107's zoning -- no                 variance, no conditional use overlay permit, no nothing.                     3. They ARE planning to remodel the house at 1107 for use as "Safety                 Services" (police and one or two others will use the added space).                 Technically this use is already allowed under SF-3 because no children, no                 visitors, no other professional services, and no other CAC office staff                 will use the house.  No dedicated off-street parking (beyond what they                 already have across the street) is required.                     4. As the property's new owners, CAC acted first to clean it up.  Today                 it stands clean but vacant.  An architect has donated his services to                 design an attractive remodel (much of the structure also was rotted), and                 Home Depot has donated the materials.  The remodel WILL NOT create                 office                 space as such.  It WILL restore the property as a home, right down to the                 fixtures, even respecting the historic character of the original house.                     5. Construction is underway, and what will come out is a vastly                 improved residence that will be sold to a home buyer in about 5 years.                 ___________________________                 The Children's Advocacy Center                 1110 East 32nd Street                 Austin, Texas 78722                 (512) 472-1164                 FAX (512)472-1167 This block across the street from the Avalon Apartments and the Children's Advocacy Center has two "residential" lots.   1105 was bought in 1996 by Richard Linklater of Detour Productions. 1107 was bought in 1997 by CAC (before then it had been the trashiest property in the neighborhood, hands down).   CAC tried but failed to have it rezoned for office use.  Now it sits cleaned up but abandoned.   Should CNA should refrain from taking a position until we have talked through some issues ?  (1) Commercial "creep" -- however positive Detour's and CAC's proposed uses might be, would a side effect be edging the commercial perimeter closer to a residential block?  (2) If so, would that be bad necessarily?  (3) If not, what use and design standards should we demand of non-residential "infill?"

 

Contacts

Your NP staff contact for UBC is Lisa Kocich. 974-3509. < lisa.kocich@ci.austin.tx.us > Contact her.  She can help you all get the ball rolling.

Girard Kinney, 478-5042, girard@kinneyarchitects.com   (CNA)

Judy Fowler (Austin Energy) 322-6107, < Judy.Fowler@austinenergy.com >

Neighborhood Planning   (Director Alice Glasgow. Asst. Director Carol Barrett), Transportation, Planning, and Sustainability Dept

Services for Austin Neighborhoods (has dropdown menu)

 

Links

1. Austin City Code (interactive)
1. Zoning District requirements (Cherrywood residences basically are SF-3).  Some variations result from the Upper Boggy Creek Neighborhood Plan, which changes us slightly (and benefically) to SF-3-NPCD.
2. Deed Restrictions (a 24-page pamphlet from Pasadena TX)
2. Neighborhood Planning and Zoning Department (NPZD) (City)

Neighborhood Planning   The City's pilot project for the neighborhood planning process.  Includes info on the first three pilot-project neighborhoods (Chestnut, Dawson, East César Chávez), applicants for next year, and a detailed Neighborhood Resource Guide

Neigh. Plan Amendment Process (July 2003)

3. Smart Growth Initiative (official City page)
• Map (choice of 139K or 385K)
4. COA Building Plan and Permit Lookup . Search by address, permit number, or date (3-month window max).  Click permit # to see inspection details.
5. Regional Planning Data

1.  Once the only big picture around was the TPSD’s “Growth Watch.”   http://www.ci.austin.tx.us/growth/ 2.  Then came the “Sustainable Communities Initiative.”   http://www.ci.austin.tx.us/sustainable/contents.htm 3.  ... Which spawned the “Sustainable Indicators Project.”   http://www.centex-indicators.org/index.html 4.  Next was the Central Texas Visioning Project   http://www.envisioncentraltexas.org/index.php  (ECT)  http://www.envisionutah.org/   (Envision Utah)  5.  Now is added “Livable City.”   http://www.liveablecity.org/

6. Center for Neighborhood Technology (Chicago).  "The Center for Neighborhood Technology has a unique mission: To invent and implement new tools and methods that create livable urban communities for everyone."  Project areas include: Transit-Oriented Development, Smart Growth, Transportation & Air Quality, Energy Efficiency/Energy Conservation, Pollution Prevention, Information as Empowerment, Community Economic Development/Jobs Creation.
• Location Efficient Mortgages experiment
7. New Urban News   New Urban News began publishing in May of 1996 in response to a growing interest to the planning and development trend called the New Urbanism. Also known as "smart growth," and traditional neighborhood development, the trend focuses on building mixed-use, walkable neighborhoods instead of conventional suburban subdivisions, shopping centers and office parks

New Urban News POB 6515, Ithaca NY 14851 Visit the following sites with connections to the New Urbanism : ORGANIZATIONS Congress for the New Urbanism National Town Builders Association World Idea Networks New towns and neighborhoods center Smart Growth Network Seaside Institute National Trust for Historic Preservation's Main Street Center The Local Government Commission's Center for Livable Communities Florida Sustainable Communities Center Transportation Action Network Treasure Coast Regional Planning Council ARCHITECTURE AND PLANNING FIRMS Calthorpe Associates Correa Valle Valle Dover Kohl & Partners Duany Plater-Zyberk & Company Looney Ricks Kiss Moule & Polyzoides Torti Gallas & Partners - CHK NEW URBAN TOWNS AND NEIGHBORHOODS Frijoles Village in Santa Fe, New Mexico Habersham in Beaufort County, South Carolina I'On in Mount Pleasant, South Carolina Northwest Landing in Dupont, Washington Prospect in Longmont, Colorado Southern Village in Chapel Hill, North Carolina SELECTED RESOURCES James Howard Kunstler Author of "A Geography of Nowhere" Joseph Terry's New Urbanism resource page Includes links to many articles New Urbanism resource index The narrow streets database Communities that have adopted reduced width street standards New Town Law Legal services for attorneys and developers of new urbanist projects Bibliography of the New Urbanism TND Homes A new web site from the publishers of the TND Series home plans Carfree cities Solutions to the problem of the urban automobile

8. Urban Land InstituteThe Urban Land Institute (ULI) is a nonprofit education and research institute that studies land use and real estate development policy and practice. Established in 1936, the Institute today has 14,000 members representing more than 26 disciplines in the public and private sectors, including owners, investors, developers, investment bankers, REIT executives, consultants, designers, analysts, planners, academics, brokers, lenders, and advisors. The Institute has long been recognized as one of America's most respected and widely quoted sources of objective information on real estate and land-use development
• What Is "Smart Growth?"
• Urban Land magazine
9. "Vision Planning"
• A. Nelessen Associates , Princeton NJ.  ANA is an award-winning firm of vision planners and community designers. We enjoy working with a wide range of public and private clients. ANA believes that citizens want to be involved in the planning and design of their community but are often intimidated by professional vocabulary and methodology. To overcome this dilemna ANA relies upon the Visual Preference Survey as an educational tool to draw the public into the planning and design process. Community visioning is the most efficient method for generating appropriate goals and objectives, comprehensive and specific plans, and codes and guidelines.
• Anton C. Nelessen, Visions for a New American Dream : Process, Principles, & an Ordiance to Plan & Design Small Communities (Planners Press, 1994). Sprawl has ravaged the landscape of suburban America. And citizens are clamoring for better designed neighborhoods that recapture the sense of community that defined the American dream. Now more than ever, practicing planners need to know how to combine the best design principles of the past with the technological advances of the present to create a more satisfying and cohesive environment. . . Its non-technical language makes it accesible even to planners who don't have a strong design background. Its step-by-step  planning and design process will help you develop the design skills today's planning jobs demand." AMERICAN PLANNING ASSN
10. PORTLAND, OREGON: Ideas for Austin?

City of Portland home page

Office of Neighborhood Involvement

Cascade Link : regional info including much on citizen involvement Searchable

Metro, a regional entity embracing 3 counties and 24 cities including Portland

Multnomah County (Portland's)

 

More...

(March 12) Design Guidelines photo gallery Girard, Peter, and Gordon are working on

 

04Apr11 Hidden costs of having a Wal-Mart (NYT editorial)

"Vision" may be as important in world affairs as it is in neighborhood affairs! TLF column 01Nov2 .

SC fax to Austin Energy (00Feb28) on substation design collaboration

Mike Damal's "Zoning 101" handout

Girard Kinney's account of the 38½ St. electric substation initiative

Interview with Peter Calethorpe, architect/author of The Next American Metropolis

NY Times article comparing highways in Milwaukee and Salt Lake City

Residential popularity of downtown Denver (NYTimes article 29Dec98)

NCCD Zoning -- City Code excerpts (Jan. '98)

Review of Allan Jacobs, Great Streets (1993)

 

More... [text]

The Cherrywood Neighborhood Association is committed to:
  * Safe, walkable streets;
  * Neighborhood-oriented and neighborhood-friendly businesses and services;
  * Preserve and promote public and private greenspaces;
  * Respect, recognize and maintain ethnic, family, socioeconomic and cultural diversity;
  * Managing growth while ensuring livable density, a diversity of architectural styles, and a well maintained neighborhood;
  * Achieving a sense of community and security by encouraging responsibility, involvement and pride among all residents and owners;
  * Healthy and active relationships with other neighborhood groups, civic organizations and government agencies;
  * A built environment compatible with the above goals.

6. 30Sep99 ELECTRICAL SUBSTATION PROPOSED IN NEIGHBORHOOD Girard Kinney)

   In early September CNA investigated a rumor that a sale of Pato's Tacos on 38th½ had fallen through due to a pending sale of the property abutting Pato's to the west (the auto parts store).

   In response to his inquiry, CNA president Jim Walker received a letter from Charles Manning, Director of Austin Energy "in behalf of the Mayor and Council" confirming that indeed they (Austin Energy) were trying to buy the property, and that after they had bought it and drawn up plans they would let us see what was proposed.  This seemed so threatening to CNA's adopted Vision that we called an emergency Steering Committee Meeting Sunday, 12 September, where we made several decisions, and actions have been taken with regard to each of them:

   We contacted City Council offices directly, leaving messages expressing our strong  objection to this process, and urging a redirection from Council.  Jim contacted Council Members directly, and got a good response from Jackie Goodman, whom we are optimistic will play the the role as our "champion" if necessary. Jim got us on the 07 October Council Agenda under Citizens' Communication, to provide us an  audience before council.  Jim would immediately send a letter, signed by him on behalf of the Steering Committee, to Charles Manning, responding to his letter, and requesting that they halt the process of trying to purchase this property immediately, and that they then meet with us to plan a new strategy with us involved from the get go.  He got a fast response in the form of a willingness to meet with us that Friday.

   Girard and Jack Newman (Jack is not currently a Steering Committee, but was drafted by Jim to help with these tasks) crafted a letter to the Mayor and Council, to be signed by all 13 of the Steering Committee Members, alerting Council to this objectionable process of Austin Energy and insisting that we be involved in this crucial decision.

   We had three basic objectives: (1)we wanted to understand a lot more about this facility, (2)why it is needed, (3)why in our neighborhood.  If it does, indeed, need to be in our neighborhood, we wanted to be an informed partner in it's  placement and design; and we wanted for this to establish an emphatic precedent for the City to enlist our input in any such processes and decisions in the future.

   Girard & Jack prepared their letter with input from most of the Steering Committee (special thanks to  Priscilla Boston, Mark Lind and Pauline Porter for their substantial contributions), it was signed by all on Wednesday and delivered to Mayor, Council, City Manager and Mr. Manning on Thursday.

   At 3:00 p.m. Friday, 17 September the first meeting with Austin Energy happened at their headquarters at Town Lake Center.  The Steering Committee was represented by a task force consisting of Mark Lind, Girard Kinney, Jack Newman and Jim Walker.  Austin Energy was represented by Mario A. Espinoza, Director of Government Relations, Judith E. Fowler, Public Involvement & Real Estate Services Manager, Clint A. Rogas, Jr. P.E., Process Manager, Power Delivery.

   The following items comprise the significant points of discussion during the meeting:  (1)They (Austin Energy) have made an offer for the property to Mr. Rogan Giles (Garwald), who has now initiated his own appraisal of his property, and who they expect will probably make some kind of counter proposal when he complete his appraisal. (2)The area served by Austin Energy is a finite area (not geographically expanding) that is becoming denser and is using more energy all the time.  (3)This facility is needed to improve the distribution capability to keep up with this urban growth, and is necessary in addition to any facility that might be built in the future at the Mueller site (they are looking at a site on or near the National Guard site at Mueller for that additional facility).

   Mr. Rogas promised to provide us the following  week a description of the geographical boundaries within which this facility must be located, although it was not clear then that this facility really has to be within our neighborhood at all.  We pressed the point that the peripheries of neighborhoods, (and seams between neighborhoods) seem more appropriate locations for facilities that  are not appropriate in their centers.  We also emphasized that there is land that is already industrially zoned that seems much more appropriate.  We decided not to examine specific sites, but rather to try to establish mutually agreed upon  criteria for them to use in their selection process, and then for us to review proposed sites for conformance to the criteria.

   We raised specific concerns, many of which had been points in our letter to Mayor and Council (of which we made sure they all had a copy).   We emphasized that a substation at their proposed site would take up a valuable commercial site and would be about 100 feet from School property.  We expressed concerns about visual aesthetics (fence, razor wire, industrial equipment, etc) and noise, and we discussed the impact on Pato's and in inappropriateness of an industrial use on 38th½.

   When asked directly, Ms Fowler committed, and the others concurred with her commitment, that even if they receive an acceptance or counter offer on the 38th½ Street property, they will not move on it until they have met with us, and allowed us to be a part of a site selection process. They agreed to have another meeting the following week, bringing input from their planning department and  technical requirements for the facility, to aid in a site selection exercise in which we will participate.

   We gave them our upcoming schedule; including  our Steering Committee meeting on 27 September (at which we could formally adopt a recommendation for the General Meeting), the Flea deadline on about 01 October (in which we will have an article describing where we are on this issue), and the General CNA Meeting on Wednesday 27 October, 1999, at which the neighborhood can take a vote if necessary.

   Jim expressed our thanks for their cooperative spirit and commitments, told them about the fact that he had already signed up to speak at the next Council meeting.  He assured them that he would use that opportunity to let Council know how cooperative Austin Energy has been now that they know of our concerns.  He made the point that we were a task force appointed by the Steering Committee, and that we would be taking this before the entire neighborhood for their vote.

   The following Friday, 24 September, we again met with them at the same location.  This time, Austin Energy was represented by Judy Fowler and Mario Espinoza, and CNA was represented by Jim Walker, Mark Lind and Girard

7. 99Nov21 Planning&Zoning Committee meeting
(Mike Damal 478-9622 Mdamal@aol.com)
Attending:  Mike McClendon, Mark Lind, Jim Walker, Girard Kinney, Steven
Kreger, Mike Damal
~~~~~~~begin 11/21 p&z notes~~~
     DAY CARE CENTER -- MD said that notices were sent  containing our 8 Point guidelines and  neighbor notification to the owner and agent  of the property at 2807  Robinson.   The property is applying for an conditional use permit for a  commercial day care center.  Discussion centered on that day care centers are  a good thing, but perhaps this was not the best location in the neighborhood  for another one.  Committee will wait and see how the immediate neighbors  feel and wait for the site plan to see the exact nature of the day care  center before forming an opinion. GK mentioned that neighbors should be given CNA's "8 Points" guidelines when  developer asks for owner approval in developing the site--committee decided a  new approval form will be developed incorporating the 8 points and the  owner's signature and comments.  MD will have a draft form by the next  meeting.

     CHILDREN'S ADVOCACY CENTER -- MD said next meeting with the CAC will be Dec 2nd at 5:45 pm. Discussion  centered on last letter sent to the CAC citing legal uses under for SF3  zoning and that office use is not one of them.  We hope to get a more  definitive response from CAC this time with more expertise on zoning matters.   A draft questionnaire was shown poling the neighbors on their views.  After  much discussion, MD stated this questionnaire was to find out actual  documentable opinion on the subject, up to now all we have is hearsay  information.  MM suggested that an "other" category be offered to the 4  questions, and GK said the "8Points" should be given with the questionnaire  also.  Both suggestions will be added.  JW said we should have this info by  the Dec 2 meeting.  (I will be available to canvas this thanksgiving weekend  if anyone else is available, I'd appreciate the help--MD)

     ELECTRIC SUBSTATION — JW stated we still have not heard from Austin Energy concerning the last  letter.  JW said he will try to call Judy Fowler to obtain more info.  It was  concluded another letter should go out "to a higher level" including Austin  Energy's board and council to suggest a process for dealing with this.   Austin Energy will be doing a lot more of these stations in the future, and  CNA would like to establish a precedent in how the neighborhood interacts  with Austin Energy in design and site selection.  Also there is an individual  with the city (name?) who should act as a liaison between AE and neighborhood  groups, and we should get this person involved also.

     P&Z COMMITTEE COMMUNICATIONS -- ML and others mentioned what the P&Z should be involved in with neighborhood  issues, MD requested everyone send emails among the committee of what P&Z  should/should not do in regards to various issues--these can be further  discussed at the next meeting.

     REALTORS & DUPLEXES -- MD mentioned Realtors are marketing properties in the neighborhood as "easy  duplex conversions" which may not be.  MD will draft a letter to Realtors  stating what is needed for a typical duplex conversion and that they do not  misrepresent the property.  Letter will be available by next meeting.
~~~~~~~end 11/21 p&z notes~~~

~~~~  00Feb28 ~~~~
Below is the draft  fax to be sent today to Austin Energy [Judy Fowler and Mario Espinosa]:

Dear Judy and Mario,

       We are currently preparing a response to the Feb. 11, 2000 letter for Austin Energy Director Charles Manning, and want to thank you for any role you had in helping to generate that letter. More immediately however, and in preparation for our meeting on Wednesday, the Cherrywood Neighborhood Association Planning and Zoning Committee has come up with a following list of questions we wish to be discussed at the meeting. We would also prefer written responses.

   1.  In the Feb 11, 2000 letter from Mr. Charles Manning, he wrote that the new GIS substation is "extremely safe and reliable."  We would like some information to substantiate this claim, including: a.  documented safety record of GIS substations by current users b.  safety guidelines required in the design and manufacture of these facilities c.  personnel in Austin Energy who are assigned to safety concerns of these facilities over the operational life of the facility In the future we may want to request that an individual such as a safety engineer from Austin Energy meet with our neighborhood association (preferably at one of our general meetings) to educate our membership on the safety and reliability of this new technology.

   2.  Mr. Manning also wrote in his letter that "substation engineers need to know the size and dimension of a location before they create a layout."  We realize that detailed information cannot be provided until a final site is chosen, however we require that non-site specific information be provided so we can have a better idea of the facility needed to be built. We imagine that such information was utilized in drafting the two sample layouts provided by Judy in December, 1999. We have been asking for this type of narrative for several months, the type of information we have been requesting includes: a.  rough dimensions of the actual GIS equipment needed (the footprint of the equipment) b.  how often servicing is required to this equipment c.  how large and what turning radius is required for the servicing vehicles and trucks d.  does the entire layout need to be oriented to truck access in a particular way e.  does the entire layout need to be oriented to the transmission lines in a particular way  f.  what level of noise is emitted from these sites g.  to what height does the equipment rise, and similarly, typical height of a privacy wall With such information we can better determine the suitability of sites throughout our neighborhood.

   3.  Mr. Manning also wrote that  "Austin Energy is committed to building a structure that will be acceptable to your neighborhood," which is of course what we want as well. To that end, we request that: a.  AEU and CNA try to improve the ongoing process of our involvement in the initial site selection b.  AEU describe the process that will be used to involve the CNA in the design of the facility once a site is selected

   We realize that you are under time constraints and we wish to work with you as expeditiously as possible.  Because this information can be of a technical nature, we request to have written documentation of all information provided so we can have this information available to our

   Thank you again for your time,

~~~~