[Maillist] Plans to develop corner of West Ave/ MLK Blvd.: my concerns

[Milton Felger]

Dear Members of the Judges Hill Neighbor Association

   1.  Since the JHNA meeting last week, I have become more concerned about
the proposed development of the property at West Avenue/MLK Blvd for the
following reasons:
      a. The development of 47 residential units is excessive when
considering the size of the lot and height restriction of the building.
Zoning codes were established for the welfare of all concerned. To give up
the established zoning standards by allowing for an  increase of the
footprint and height of the structure is not advisable.  Judges Hill should
clearly see a gain in the development.... not a loss. 
      b. The average residential unit size of 1200 sq. ft. permits a minimal
style of living for a couple. The developer stated the average sale price
per unit to be approximately $220,000.  I don't believe that a sales price
of approximately $183.00 per square feet for a condominium unit plus an
undisclosed monthly condominium maintenance fees is realistic or supportable
in today's residential sales market. Once the developer get JHNA's blessing
for zoning approval to MF6 with conditional overlay I fear the developer may
re-design his proposed plans and build a structure which will support only
student housing to achieve maximum economic gain from the development.  
      c. Judge's Hill deserves re-development of the property at West Ave./
MLK Blvd to be of the highest quality for residential life. I don't believe
present plans will attract residential owner-occupied buyers. I believe the
plan will only support student housing. Student do not make for the best
neighbors.
  

    Moreover and more importantly, it is my opinion that the developer can
construct a 90 foot high building with more occupants in any style of a
building he elects within MF6 zoning standards once JHNA agrees to his
proposed zoning changes from MF4,.
    The developer's requested zoning change from MF4 to MF6 with conditional
overlay should only be approved with a legally binding covenant.
Accordingly, any change in present zoning be must be accompanied by a
legally binding covenant fully noting JHNA's requirements for the building
plans and usage.    I would vote to allow the zoning change if the following
covenants were incorporated with the zoning change which the City would
monitor and legally control as follows:
    
    a. To assure quality residential condominium development suitably
attractive for purchase by new residents to our neighborhood; I suggest
restrictive covenants are absolutely required. Each residential unit must
have the following deed restriction, which would be initially monitored and
controlled by the condominium developer and later by the condominium
homeowners' association:
         1)   90% occupancy of the residential units in the development
shall be owner-occupied during the first 7 years from the date of the
initial occupancy permit is given to the developer of the condominiums .
         2)  From the date the initial occupancy permits is given by the
city to the condominium developer and during the next subsequent 7 years no
more than 10% of  residential units in the development within the same
calendar year shall be rented or occupied by a non-owner of a residential
unit.
         3.  After the conclusion of the first seven years from the date of
original occupancy permit; no more that 25% of the residential units may be
occupied by non-owners within the same calendar year.

    With the above restrictions, I believe JHNA can be assured that
residential market economics will control the plans and specifications of
the development to be suitable for owner-occupied condominiums -- one of
JHNA's main goal.  
    
   Please provide your comments on the above matter to me and others. 
  
  Sincerely,

 Milton R. Felger
   owner of 1705 West Avenue,Austin,TX
   current member of Judges Hill Neighbor Association

   Contact information:
 
   Name:             MILTON ROBBERT FELGER                              
   
   Mailing address:  10008 CORMORANT COVE				    
                     AUSTIN, TX 78730-3583  

   Phone:  512- 795-9205 
   Cell:   512- 970-1893 
   Fax:    512- 795-9231    

   Email:  mfelger1 at austin.rr.com

   
 PS. I know some of the members subscribe to our email:
maillist at judgeshill.org. 
    However some members may not have email; accordingly how do I get a
mailing list of JHNA membership?
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