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108 West Gibson Street Petition

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To:   City of Austin, Planning and Review Department
        Residents of the Bouldin Creek Neighborhood
        Bouldin Creek Neighborhood Association (BCNA)
        Brad Patterson, BCNA Zoning Committee Chair
        Nikelle Meade, Attorney for the BCNA
        AG Consulting/Alice Glasco, Agent for Peter Barlin/SC Investors, LLC

We, the undersigned residents of the Bouldin Creek Neighborhood and concerned members of the community, oppose the proposal put forth by the BCNA and Peter Barlin/SC Investors, LLC to amend the Restrictive Covenant dated August 31, 2006, covering the property located at 108 West Gibson Street, Austin, Texas 78704 for the following reasons:

Lack of Neighborhood Input. The proposed amendment appears to have been negotiated exclusively between the BCNA Zoning Committee (acting through Brad Patterson and the BCNA attorney, Nikelle Meade of Browne McCarroll, LLP) and Mr. Barlin/SC Investors, LLC (and/or his agent) without the input of the other affected Bouldin Creek Neighborhood property owners.

Excessive Commercial Development. The proposed amendment increases the permitted commercial use of the property to 20,000 square feet (from 4,000 square feet under the existing Restrictive Covenant) and also allows up to 10,000 square feet of retail use on the property. We believe that the increase in permitted commercial and retail use should be capped at a much lesser amount of square feet.

Excessive Commercial Uses. The proposed amendment allows general retail sales and food sales, and we are concerned that this may permit restaurant and bar establishments to be located on the property. 

Excessive Height of Buildings. The proposed amendment allows any new or replacement structure to be as tall as the existing church building. This height standard is vague because it does not specify the height of the existing church building. We believe that the height should be specified and that the permitted height of structures on the property should be no greater than the height of the existing church building and that this maximum height restriction should apply to the property in its entirety.

Excessive Size of Buildings.  The proposed amendment allows additions to be constructed to the north or east of the existing church building or any replacement structure. The provisions regarding additions are vague need to be clarified.

Excessive Height of New Parking Structure.  The proposed amendment allows a new parking structure to be built “one level above grade”. The phrase “one level above grade” is vague and needs to be rewritten to include a specific maximum height limitation, which is 12 vertical feet above grade in the existing Restrictive Covenant.

•  Surface Parking.  The proposed amendment allows surface parking on the property.  We believe that surface parking should be limited to a certain number of square feet of the property or should not be permitted, as provided in the existing Restrictive Covenant.

Noise Pollution. The amendment permits “outdoor amplified sound” with the written approval of the “Neighboring Owners” whose properties are “adjacent to” the property and the BCNA.  The phrase “adjacent to” the property is vague and should be defined to specify all neighboring properties and the term “outdoor amplified sound” should be defined by reference to a specific decibel level.

Mobile Food Sales.  The amendment permits mobile food sales, seasonal food sales and temporary food sales as long as the owners of the properties to the West of the property consent.  No such food sales should be permitted unless the owners of all neighboring properties consent.

General.  The draft amendment contains numerous vague terms and inconsistencies and needs further review and revision by legal counsel to make it a logical and comprehensible document.

We, the undersigned, categorically reject and refuse to consent to the proposed amendment to the Restrictive Covenant dated August 31, 2006 prepared by the BCNA and Peter Barlin/SC Investors, LLC. 

The proposed amendment has not been drafted with input from all affected Bouldin Creek Neighborhood property owners entitled to vote on the amendment(1). The terms of the Restrictive Covenant specifically state that the instrument may only be amended by the joint action of (a) 75% percent of the real property owners within 300 feet of 108 Gibson Street, (b) the BCNA and (c) the owner of 108 West Gibson Street. 

We will not consent to any amendment to the Restrictive Covenant unless we have had the opportunity to negotiate, review and revise the instrument and until it is drafted in a form that is satisfactory to us.
The undersigned further object to any proposed rezoning of 108 West Gibson Street that has not been negotiated, reviewed and approved by the undersigned.
(1) These include but are not limited to the individual owners of condominiums at 1401 Eva Street, Austin, Texas 78704 and other neighboring property owners on Eva Street, Newton Street and Congress Avenue.


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