ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0131 - (E5ATX Rezone) ADDRESS: 2613 and 2619 East 5th Street ZONING FROM: LR-CO-MU-NP and GR-CO-MU-NP TO: CS-MU-CO-DB90-NP (as amended) SITE AREA: approximately 0.31 acres (approximately 13,591.5 square feet) PROPERTY OWNER: E5ATX LLC AGENT: Thrower Design, LLC (Victoria Haase) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-conditional overlay-density bonus 90-neighborhood plan (CS-MU-CO-DB90-NP) combining district zoning. See the basis or recommendation section below for more information. Staff’s recommendation would maintain the Conditional Overlay present that prohibits the following uses: • • • pawn shops • • • kennels • • commercial off-street parking auto washing adult businesses convenience storage campground exterminators PLANNING COMMISSION ACTION / RECOMMENDATION: January 23, 2024: Staff postponement request granted, noticing issue February 13, 2024: Approved applicant’s request and staff’s recommendation of CS-MU-CO-NP on the consent agenda. June 11, 2024: Motion by Commissioner Johnson, seconded by Commissioner Woods to postpone case to July 9, 2024. July 9, 2024: Case is scheduled to be heard by Planning Commission with revised request of CS-MU- CO-DB90-NP. CITY COUNCIL ACTION: July 18, 2024: Case is scheduled to be heard by City Council on first reading only. ORDINANCE NUMBER: N/A ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to C14-2023-0131 2 create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant amended their original application to request the -DB90 combining district. Planning Commission Previous Action January 23, 2024: Staff postponement request granted, noticing issue February 13, 2024: Approved applicant’s request and staff’s recommendation of CS-MU-CO-NP on the consent agenda. City Council Previous Action None CASE MANAGER COMMENTS: The property in question is currently an approximately 1,800 square foot duplex and approximately 600 square foot office, both built in approximately 1970. An approximately 1,500 square foot single family home was built in approximately 1945. To the north is undeveloped land recently rezoned CS-MU-V- CO-NP by case C14-2020-0145 (see area case histories section for more information). To the south are three single family homes, two older and smaller and one newer …
ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 8, 2024 MICHAEL J. WHELLAN (512) 435-2300 MWHELLAN@ABAUSTIN.COM Via email Joi Harden, Chief Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Dear Ms. Harden, Re: Rezoning applications for 3117-3121 E. 12th Street, also known as TCAD Parcels 0209150223, 0209150224, and 0209150207 (the “Property”) Based on City feedback related to the application of the Density Bonus 90 (“DB90”) combining district, the applicant is amending the above-referenced rezoning application to remove the height limitation within the conditional overlay. It is our understanding that the conditional overlays affecting permitted uses and impervious cover may remain. I appreciate your consideration and look forward to answering any questions. Respectfully, Michael J. Whellan {Cover Letter.2}
ZONING CHANGE REVIEW SHEET TO: CS-MU-V-CO-DB90-NP DISTRICT: 1 CASE: C14-2024-0070 – 3117 & 3121 E. 12th Street ADDRESS: 3117 & 3121 East 12th Street ZONING FROM: CS-MU-V-CO-NP SITE AREA: 1.0 acre PROPERTY OWNER: 3121 E. 12th Horizontal Investors, LP (Michael Bernstein) AGENT: Armbrust & Brown (Michael J. Whellan) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – conditional overlay - density bonus 90 - neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. The Conditional Overlay would: 1) Prohibit these uses in the CS base district: Adult oriented businesses, Agricultural sales and services, Automotive washing (of any type), Campground, Commercial blood plasma center, Commercial off-street parking, Construction sales and services, Convenience storage, Custom manufacturing, Drop-off recycling collection facility, Equipment repair services, Equipment sales, Laundry services, Limited warehousing and distribution, Maintenance and service facilities, Pawn shop services, Service station, Vehicle storage; 2) Make conditional these uses: Automotive sales, Exterminating services, Guidance services, Hotel-motel, Kennels, Monument retail sales, Outdoor sports and recreation, Residential treatment; 3) Limit Development of the Property to not exceed an impervious coverage of 90 percent. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 25, 2024: APPROVED NEIGHBORHOOD POSTPONEMENT REQUEST TO JULY 9, 2024, BY CONSENT. [R. JOHNSTON; F. MAXWELL – 2ND] (7-0) J. MUSHTALER, A. AZHAR, C. HEMPEL, A. HAYNES. G. COX, A. PHILLIPS – ABSENT C14-2024-0070 Page 2 CITY COUNCIL ACTION: July 18, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. The conditions establishing conditional uses, prohibited uses and limit to impervious cover in the Conditional Overlay for case number C14-2022-0150 are continued to be recommended in this new rezoning, as the applicant requested. The previous condition limiting maximum height to 80 feet is recommended to be removed from the Conditional Overlay. If this condition remains to limit height on the property, it will not apply if the …
ZONING CHANGE REVIEW SHEET CASE: C14-2024-0058 – 4302 S. Congress Avenue ADDRESS: 4302 South Congress Avenue FROM: CS-MU-V-NP SITE AREA: 1.151 acres DISTRICT: 3 TO: CS-MU-V-DB90-NP PROPERTY OWNER: AV GF 4302 SOCO LLC (Shravan Parsi) AGENT: Drenner Group (Leah Bojo) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – density bonus 90 - neighborhood plan (CS-MU-V-DB90-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. CASE MANAGER COMMENTS: The subject undeveloped lot is located on South Congress Avenue, is undeveloped and has had general commercial services – mixed use – vertical mixed use building - neighborhood plan (CS-MU-V-NP) zoning since 2020, and prior to that commercial services – mixed use –neighborhood plan since Council 2 approved the West Congress Neighborhood Plan rezonings in August 2005. There are retail and various commercial services, auto-related uses and apartments along both sides of Congress Avenue in the vicinity (CS-MU-NP; CS-MU-V-NP; CS-MU-CO-NP/MF-6-CO-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is requesting general commercial services –mixed use – vertical mixed use building - density bonus 90-neighborhood plan (CS-MU-V-DB90-NP) combining district for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (–DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of 125 residential units and a mix of uses. A development utilizing the “density bonus 90” incentives is permitted with a base CS district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS district (60 feet base …
ZONING CHANGE REVIEW SHEET DISTRICT: 9 (6,402 sq. ft.) ZONING TO: LO-MU-NP CASE: C14-2024-0060 ZONING FROM: SF-3-NP ADDRESS: 5212 Duval Street SITE AREA: 0.1470 acres PROPERTY OWNER: Dawn Polunsky AGENT: Brooke Pfeiffer CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant limited office – mixed use – neighborhood plan (LO-MU-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 0.15 acres, developed with one single family residence, is near the corner of Duval Street (level 2) and E. 53rd Street (level 2), and is currently zoned family residence-neighborhood plan (SF-3-NP) combined district zoning. The property has single family residences (SF-3-NP) to the north, south, east and west. There are also commercial and business offices located to the north, east and west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the limited office – mixed use – neighborhood plan (LO-MU-NP) combined district zoning for the medical offices use. This rezoning meets the accessory provisions with the primary use being medical office. While the use of a restaurant is not C14-2023-0060 2 permitted in the LO district, the certificate of occupancy will be for the medical office. Migration by Bluebird supports vocational training for adults with autism spectrum disorder and will help transition their clients to jobs with local businesses. The site is located within the North Loop Neighborhood plan and has letters of support from surrounding neighbors and neighborhood contact team. The property meets ten (10) of the Imagine Austin Decision Guidelines. East 53rd Street is an Imagine Austin Corridor and has an existing bus route/stop adjacent to it. The Imagine Highland Mall Station Center is less than 600 feet going east on E. 53rd Street. Migration by Bluebird supports vocational training for adults with autism spectrum disorder and will help transition their clients to jobs with local businesses. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The limited office district is intended for offices predominately serving neighborhood or community needs, which may be located within or adjacent to residential neighborhoods. The mixed use combining district is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. The …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0064 ADDRESS: 602 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.29 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.29 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,903 square feet in total. C14-2024-0064 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 12,632 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0065 ADDRESS: 606 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.25 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.25 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,490 square feet in total. C14-2024-0065 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 11,057 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
ZONING CHANGE REVIEW SHEET DISTRICT: 2 TO: GR-MU-V-DB90-NP CASE: C14-2024-0085 – Turtle Creek Multifamily ADDRESS: 714 Turtle Creek Boulevard ZONING FROM: GR-MU-V-NP SITE AREA: 5.26 acres PROPERTY OWNER/APPLICANT: 714 Turtle Creek LP (Case Lowry) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial– mixed use - vertical mixed use building - density bonus 90 - neighborhood plan (GR-MU-V-DB90-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: August 29, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. Case number C14-2024-0085 Page 2 Planning Commission Previous Action: October 10, 2023: Approved GR-MU-V-NP combining district zoning as staff recommended, by consent. [A. AZHAR; F. MAXWELL – 2ND] (11-0) J. MUSHTALER, C. ACOSTA – ABSENT September 26, 2023: Approved a Postponement Request by staff to October 10, 2023 [A. AZHAR; F. MAXWELL – 2ND] (10-0) C. HEMPEL, P. HOWARD, J. MUSHTALER – ABSENT City Council Previous Action November 9, 2023: Approved GR-MU-V-NP combining district zoning as Planning Commission recommended, by consent. VOTE: 10-0. Council Member Harper-Madison was absent. Prior Rezoning Case C14-2023-0042 Ordinance No. 20231109-042, approved November 9, 2023 CASE MANAGER COMMENTS: The property in question is 5.36 acres and is currently developed with multifamily units on one tract of land. The property is at northwest corner of South 1st Street and Turtle Creek Boulevard, and exhibits frontage primarily along South 1st Street, located within the South Austin Combined Neighborhood Plan area (Garrison Park). There is a Capital Metro bus stop less than 1/4 of a mile from the property on South 1st Street. Demolition is proposed at the earliest in 2025, however, the applicant notes the details of number of units is unknown at this time. To the north there are Single family residential and Religious facility uses (SF-6- CO), and to the west are Single family residences (SF-3-NP). To the east across South 1st Street …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Holly CASE#: NPA-2023-0010.02 PROJECT NAME: East 2nd Street – 2300 Block PC DATE: DATE FILED: July 31, 2023 July 9, 2024 June 11, 2024 May 28, 2024 April 9, 2024 March 12, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 109, 111, 113 Mildred Street and 2305, 2307 E. 2nd Street (Unit A), 2307 E. 2nd Street (Unit B), 2311 E. 2nd Street DISTRICT AREA: 3 SITE AREA: 0.7716 OWNER/APPLICANT: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, LLC; and Emily Kolb Isdale AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family Base District Zoning Change To: Mixed Use PHONE: (512) 974-2695 Related Zoning Case: C14-2023-0010.02 From: SF-3-NP, CS-CO-MU-NP, LO-NP, LO-CO-MU-NP To: CS-V-MU-DB90-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 13, 2001 Planning Commission: July 9, 2024 ACTION: CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) June 11, 2024 – Postponed to July 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez absent]. May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of Staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [G. Cox off the dais. P. Howard and A. Phillips absent]. April 9, 2024 – Postponed to May 28, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12-0 [A. Phillips off the dais]. March 12, 2024- Postponed to April 9, 2024 on the consent agenda at the request of Staff. [A. Woods – 1st; F. Maxwell – 2nd] Vote: 11-0 [C. Hempel and J. Mushtaler absent]. January 23, 2024 – Postponed to March 12, 2024 on the consent agenda at the request of the Applicant. [G. Anderson – 1st; F. Maxwell – 2nd] Vote: 11-0 [J. P. Connolly and A. Woods absent]. December 12, 2023 – Postponed to January 23, 2024 on the consent agenda at the request of the Applicant. [F. Maxwell – 1st; A. Azhar – 2nd] Vote: 11-0 [N. Barrera-Ramirez and P Howard absent]. STAFF RECOMMENDATION: To support the applicant’s request for Mixed Use land use. BASIS FOR …
GOVALLE/JOHNSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” To: Austin City Council and Planning Commission From: Govalle/Johnston Terrace Neighborhood Plan Contact Team Re: Austin Independent School District 4900 Gonzales St., Austin, TX 78702 Proposed zoning change from Civic to Mixed Use land use; P-NP to CS-MU-V-CO-DB90-NP Dear Council and Planning Commissioners, Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of: Opposition for the proposed zoning change of the Anita Coy Campus site located at 4900 Gonzales St., Austin, Tx 78702, from Civic to Mixed Use land use; P-NP to CS-MU-V-CO-DB90-NP. Please feel free to contact me with any questions or comments you might have regarding this case. Thank you, Candace Fox, Chair Govalle/Johnston Terrace Neighborhood Plan Contact Team c13fox@gmail.com 512-203-5208
GOVALLE/JOHNSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” To: Austin City Council and Planning Commission From: Govalle/Johnston Terrace Neighborhood Plan Contact Team Re: Drenner Group 5200 East 5th Street, Austin, TX 78702 Proposed zoning change from Commercial to Mixed Use land use; CS-CO-NP to CS-MU-V-CO-DB90-NP Dear Council and Planning Commissioners, Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of: Opposition for the proposed zoning change of 5200 East 5th Street, Austin, TX 78702, from Commercial to Mixed Use land use; CS-CO-NP to CS-MU-V-CO-DB90-NP. Please feel free to contact me with any questions or comments you might have regarding this case. Thank you, Candace Fox, Chair Govalle/Johnston Terrace Neighborhood Plan Contact Team c13fox@ 512-203-5208
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-DB90-NP CASE: C14-2024-0015 ZONING FROM: SF-3-NP & GR-NP ADDRESS: 6202, 6204 Caddie Street; 6205, 6211, 6215 Fairway Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive SITE AREA: 1.92 acres (83,905 sq. ft.) PROPERTY OWNER: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Cobos) AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. C14-2024-0015 Page 2 CASE MANAGER COMMENTS: The property in question is 1.92 acres, undeveloped, has frontage on Montopolis Drive (level 3), Caddies Street (level 1) and Fairway Street (level 1). The site has two zonings associated with it, community commercial-neighborhood plan (GR-NP) and family residences- neighborhood plan (SF_3-NP). The property has townhomes, Austin Youth Development Building and a Dollar Tree (MF-2-NP, P-NP, GR-NP) to the north. There are also business commercial buildings and single family residential (SF-3-NP, GR-NP). To the east are multifamily residential and undeveloped land (ERC). There closest bus stop is on the corner of Caddie Street and Montopolis Drive, right on the property. The site is mostly in the Riverside Station Imagine Austin Corridor, making this an ideal location to add housing. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting general commercial-density bonus 90-neighborhood plan (CS-DB90-NP) combining district for a proposed development that would include multi- family units requiring an affordable component. A building constructed under density bonus 90 (DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of approximately …
Steering Committee Members: Christopher Hurst AIA, Chair Paula Hern, Meghan Yancy, Claudette Kazzoun, Rob Kish, Steve Amos, Germaine Curry, Margaret Sullivan, William Osborn, David Schofman, Shawn Shillington, Erika Tatum OWANA OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION P.O. Box 2724 Austin, TX 78768-2724 July 9, 2024 RE: C14-2024-0007- 1209 W 5th Street - Agenda Item 12 Dear Chair Hempel and Planning Commissioners, The Old West Austin Neighborhood Association, OWANA opposes the 1209 W 5th Street rezoning application from LI-CO-NP to LI-PDA-NP. At this point, representatives for the Owner of 1209 W 5th Street have been unable to reach a full agreement with OWANA regarding the site and building standards as well as other conditions of the Planned Development Area (PDA) agreement. The proposed LI-PDA for 1209 W 5th Street is asking for an enormous entitlement and agreeing to very little in the way of community benefits and project design. When the proposed rezoning was first presented to the OWANA Zoning Committee in February, there was no plan or proposal for conditions of the PDA. The reason given was there is no architect or developer on board for this rezoning. Our response was we are unable to agree to a PDA without a plan. No plan…no agreement. At the following presentation in March, a concept sketch was presented to the Zoning Committee (see attached presentation). After reviewing the concept plan and elevations, the committee was concerned that the plan was squeezing too much on the .45 acre lot. OWANA has three other agreements with nearby developments based on PDA zoning that are all greater than twice the lot size of the 1209 W 5th Street proposal. Only one of these PDA’s will allow height up to 120 feet. The 410 Pressler 120 foot PDA offers many community benefits (see attached) that the 1209 W. 5th Street proposal is unable to match due to the small lot size. Based on the small lot size and a lack of an affordable housing component enforceable by the City, OWANA can agree to a PDA of 75 feet, with other conditions, as 75 feet is the height of the closest PDA’s. The idea behind incentivizing extra height is to gain more housing density that contributes to affordability. It has been stated in the emails from the agent for the property, that the proposed multi-family development is not certain, and it will create a conflict with the existing …
ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 8, 2024 MICHAEL J. WHELLAN (512) 435-2300 MWHELLAN@ABAUSTIN.COM Via email Joi Harden, Chief Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Dear Ms. Harden, Re: Rezoning applications for 3117-3121 E. 12th Street, also known as TCAD Parcels 0209150223, 0209150224, and 0209150207 (the “Property”) Based on City feedback related to the application of the Density Bonus 90 (“DB90”) combining district, the applicant is amending the above-referenced rezoning application to remove the height limitation within the conditional overlay. It is our understanding that the conditional overlays affecting permitted uses and impervious cover may remain. I appreciate your consideration and look forward to answering any questions. Respectfully, Michael J. Whellan {Cover Letter.2}
ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0135 – 1500 & 1600 Royal Crest ZONING FROM: East Riverside Corridor (ERC-Urban Residential Subdistrict) ZONING TO: East Riverside Corridor (ERC-Corridor Mixed Use Subdistrict), and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program ADDRESS: 1500 and 1600 Royal Crest Drive SITE AREA: 10.06 acres OWNER / APPLICANT: 1500 Royal Crest LP (Anthony Clarke) AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant East Riverside Corridor – Corridor Mixed Use Subdistrict (ERC-CMU) district zoning, and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program. For a summary of the basis of Staff’s recommendation, please see case manager comments on pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 11, 2024: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JULY 9, 2024 [A. AZHAR; A. WOODS – 2nd] (10-0) J. Mushtaler, – OFF THE DIAS; N. BARRERA-RAMIREZ, G. COX – ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: The developer will comply with the Tenant Notification and Relocation Assistance requirements in the City of Austin Land Development Code. [LDC 25-1-712]. C14-2023-0135 Page 2 The applicant held a meeting with the current tenants on May 13, 2024 and provided the following information as proposed Tenant Protection items: • No termination of leases without good cause. • Rental rate + mandatory fees increase by no more than 7.5% per year for a period of 5 years. • 365-day notice of redevelopment provided to tenants. • 180-day notice of demolition. • 90-day move-out notice. • On-site services to help tenants find new housing or other qualified programs. • Ability for tenant to break lease without repercussion once 180-day notice of demolition is • Moving allowance of $3,000 flat payment. • Last three (3) months of rent waived for tenants still in units. • Full refund of security & pet deposits once demo permit is filed. • No unit entry without 48-hour advance notice. • No prevention of activities associated with tenant’s organization. • Right to return - first chance at new units; both affordable (if qualifications are met) and filed. market rate. The items listed …
Sue Gall 1109 East 10th Street Austin, TX 78702 June 17, 2024 Planning Department Director Lauren Middleton-Pratt City of Austin Planning Department P.O. Box 1088 Austin, TX 78767 SENT VIA MAIL SENT VIA EMAIL TO: preservation@austintexas.gov CC: kalan.contreras@austintexas.gov, lauren.middleton-pratt@austintexas.gov RE Appeal of Case Number HR 24-047998 – 1107 E 10TH ST Dear Ms. Middleton-Pratt, This letter is my request to appeal the Certificate of Appropriateness in case HR 24- 047998, approved by the Historic Landmark Commission on June 5, 2024. Below are the requirements specified by Land Development Code Article 7, viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25 LADE_CH25-1GEREPR_ART7APVASPEXAD_DIV1AP_S25-1-183INRENOAP (1) the name, address, and telephone number of the appellant: (2) the name of the applicant, if the appellant is not the applicant: Sue Gall 1109 E 10th St Austin, TX 78702 512-897-6534 Matthew Jordan (3) the decision being appealed: (4) the date of the decision: June 5, 2024 (5) a description of the appellant's status as an interested party: 1 Certificate of Appropriateness in case HR 24-047998 – 1107 E 10TH ST • • • • I delivered a written statement (attached) to the Historic Landmark Commission before its June 5, 2024 public hearing, and I appeared and spoke for the record at the June 5, 2024 public hearing, and I occupy the primary residence at 1109 E 10TH ST, directly next to and within 500 feet of the subject property, and I am the record owner of 1109 E 10TH ST, directly next to and within 500 feet of the subject property (6) the reasons the appellant believes the decision does not comply with the requirements of this title: • The decision does not comply with the requirements of Land Development Code section 25-11-243(D), viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId= TIT25LADE_CH25- 11BUDEREPESPREHIST_ART4SPREHIST_DIV2APCE_S25-11-243ACCEAP . • Section 25-11-243(D) states: (D) For properties subject to Section 25-11-212 (Certificate Required), the historic preservation officer and the commission shall consider the United States Secretary of the Interior's Standards for Rehabilitation, 36 Code of Federal Regulations Section 67.7(b), and: (1) except as provided in Subsection (D)(2), the historic design standards and the supplemental standards, if any; or (2) for a property located within an area designated as historic area (HD) combining district prior to the effective date of this ordinance, the design standards applicable to that district. (emphasis added) • The Historic Landmark Commission’s decision did not properly apply the design standards of our historic district. The Robertson/Stuart & Mair Historic District …
