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Planning CommissionJuly 9, 2024

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City Council: July 18, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined CASE#: NPA-2024-0016.01.SH PROJECT NAME: 4900 Gonzales Redevelopment PC DATE: July 9, 2024 July 25, 2024 DATE FILED: February 21, 2024 4900 Gonzales Street ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 19.8078 acres OWNER/APPLICANT: Austin Independent School District (A.I.S.D) AGENT: Husch Blackwell, LLP (Nikelle Meade) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Civic Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0019.SH From: P-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: July 18, 2024 PLANNING COMMISSION RECOMMENDATION: ACTION: To: GR-MU-V-DB90-NP (as amended) City Council: July 18, 2024 July 9, 2024 – (action pending) June 25, 2024 – Postponed to July 9, 2024 at the request of the neighborhood on the consent agenda. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 8-0 [A. Haynes, C. Hempel, A. Azhar absent. G. Cox off the dais. One vacancy on the dais]. STAFF RECOMMENDATION: Recommended for the Applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is approximately 20 acres owned by the Austin Independent School District (A.I.S.D). Currently, the District’s Alternative Learning Center operates on the property and is also the location of a several non-profit organizations. A.I.S.D. has partnered with The NRP Group to develop the property with approximately 600 – 700 apartments with a possibility for neighborhood- serving commercial uses, in addition, a new Alternative Learning Center campus will be built on the property. The project is S.M.A.R.T. Housing Certified which proposes approximately 350 affordable dwelling units. See information below. The project will help meet the Austin Strategic Housing Blueprint’s goal to provide affordable housing throughout the City. Staff supports the applicant’s request for Mixed Use land use because the property is located near existing Mixed Use land uses, has access to public transportation, is near three activity corridors (Springdale Road, Airport Blvd, and E. 7th Street) and is directly south of the Springdale Station Activity Center. Mixed Use land use is appropriate in this location. 2 City Council: July 18, 2024 3 Below are sections of the Govalle/Johnston Terrace Neighborhood Plan document staff believes supports the applicant’s request. City Council: July 18, 2024 ‐ public facilities, including governmental offices, police, LAND USE DESCRIPTIONS: EXISTING LAND USE: Civic - Any site for public or semi …

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Planning CommissionJuly 9, 2024

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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 …

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Planning CommissionJuly 9, 2024

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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 …

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Planning CommissionJuly 9, 2024

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Sr. No. Proposed by Topic Proposed Amendment Justification Notes WG Vote Tally 1 2 3 4 5 Maxwell City Staff Maxwell City Staff Woods City Staff Maxwell City Staff Add one full time employee to Zoning team. Woods Training Optional Planning Commission 101 training for PC members, possibly through Texas Municipal League or APA Texas Chapter. Rehearings for VMU cases, DB-90 and numerous additional paper districts being created all leading to increase in zoning cases. Allow for new and existing commissioners to gain valuable knowledge about planning processes, state law, and best practices to inform discussions and improve efficiency. Ensures the ongoing sovereignty of Planning Commission and similar independent commissions and ensures clear separation of oversight/influence for assigned City Staff. Brings more clarity to decision-making related to legal questions that arise at Planning Commission, and improves efficiency at meetings. Explore the establishment of the Office of the Land Use Commissions (OLUC), which will involve the transfer of existing commission liaisons and the recruitment of supplementary staff as needed. OLUC will encompass the Board of Adjustment, Planning Commission, and Zoning and Platting Commission. Additionally, the office will incorporate a specialized legal representative tasked with attending commission meetings in person, exclusively representing the best interests of the commissions. Allocate funds for a singular budgetary expense aimed at engaging a consultant. The purpose of this engagement is to conduct a comprehensive evaluation and review of all operations and methodologies within the Planning Department. The consultant will offer insights and recommendations geared towards enhancing workflow efficiency and improving work outcomes, with a focus on meeting the established timelines mandated by city regulations. Request additional funding for Planning Department outreach, specifically related to Citywide LDC changes. Improve transparency and access to Planning Commission processes. Improve efficiency in communications between Planning Commission and Planning Dept. staff and help Planning Commmission meet established timelines set by City Council. 2 2 2 2 2 Maxwell Vote Woods Vote Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

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Planning CommissionJuly 9, 2024

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0032 DISTRICT: 8 ZONING FROM: AG-NP ZONING TO: MF-4-NP ADDRESS: 8900 and 8956 W SH HWY 71 SITE AREA: 60.665 acres (2,642,567 sq. ft.) PROPERTY OWNER: Marx Family Property, LLC, a Texas limited partnership AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-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 60.67 acres, undeveloped, has access to Old Bee Caves Road (level 3) and W State Highway 71 (level 5), and is currently zoned agricultural- neighborhood plan (AG-NP) combined district zoning. The property has ranch/farms and undeveloped land (AG-NP, MF-1, P, DR) to the north. To the south there is more ranch/farmland, single family and convenience storage (RR-NP, AG-NP, CS-NP). To the east and west of the property are multifamily, duplex residential, ranch/farmland and undeveloped land (MF-1-NP, MF-1, AG-NP, GR-NP, GO-NP and I-RR). Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning for the proposed 660 multifamily units, C14-2024-0032 2 approximately 11 units per acre for density. The MF-4 request will allow for more height per building and increase the amount of open space on the property. The site is located within the Oak Hill Combined Neighborhood plan (West Oak Hill) and has letters of support from surrounding neighbors. Please refer to the Correspondence from Interested Parties. The Imagine Austin Oak Hill Center is less than a mile south on Highway 71. The property is also within the new Capital Metro Pickup North Oak Hill Service Zone, and approximately 0.70 miles from an existing bus route/stop. This site expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population in support of Imagine Austin and the Strategic Housing Blueprint. Please refer to the associated neighborhood plan amendment case, NPA-2024-0025.01, for more staff comments. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The multifamily residence (Moderate-High Density) district is intended to accommodate multifamily and group residential use with a maximum density of 36 to 54 units per acre, depending …

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Planning CommissionJuly 9, 2024

01- Draft Minutes 6.11.24 original pdf

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1. PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JUNE 11, 2024 The Planning Commission convened in a regular meeting on Tuesday, June 11, 2024, at Austin City Hall, Board and Commissions Room, Room 1101 301 West 2nd Street, Austin, Texas in Austin, Texas. Chair Hempel called the Planning Commission Meeting to order at 6:06 p.m. Board Members/Commissioners in Attendance: Claire Hempel Awais Azhar Greg Anderson Adam Haynes Ryan Johnson Felicity Maxwell Alice Woods Board Members/Commissioners in Attendance Remotely: Patrick Howard Jennifer Mushtaler Alberta Phillips Danielle Skidmore PUBLIC COMMUNICATION: GENERAL Stuart Hersh, Smart Housing and Housing Crises in Austin. APPROVAL OF MINUTES Approve the minutes of the Planning Commission regular meeting on May 28, 2024. The minutes from the meeting of 05/28/2024 were approved on the consent agenda on Vice Chair Azhar’s motion, Commissioner Maxwell’s second on a 10-0 vote. Commissioner Mushtaler was off the dais. Commissioner Cox and Commissioner Barrera-Ramirez were absent. 1 PUBLIC HEARINGS 2. Plan Amendment: NPA-2022-0005.01 - Vargas Mixed Use; District 3 Location: 400 Vargas Road and 6520 Lynch Lane, Country Club East Creek and Colorado River Watersheds Owner/Applicant: Vargas Properties I, LTD and Jayco Holdings I, LTD Agent: Request: Staff Rec.: Staff: Thower Design, LLC (Ron Thrower and Victoria Haase) Commercial to Mixed Use land use Recommended Maureen Meredith, 512-974-2695, maureen.meredith@austintexas.gov Planning Department The motion to deny the Neighborhood’s postponement request to 07/09/2024 or 07/23/2024 was approved on Commissioner Johnson’s motion, Commissioner Maxwell’s second on an 8-2 vote. Those voting aye were Chair Hempel, Vice Chair Azhar, Commissioners: Anderson, Howard, Johnson, Maxwell, Skidmore, Woods. Those voting nay were Commissioners: Haynes, Phillips. Commissioner Mushtaler was off the dais. Commissioner Cox and Commissioner Barrera-Ramirez were absent. The public hearing was closed on Commissioner Woods’ motion, Commissioner Maxwell’s second on a 7-0 vote. Commissioners Anderson, Haynes, Mushtaler, and Phillips were off the dais. Commissioners Cox and Barrera-Ramirez were absent. The motion to approve Staff’s recommendation of Mixed Use land use for NPA-2022- 0005.01 - Vargas Mixed Use located at 400 Vargas Road & 6520 Lynch Lane was approved on Chair Hempel’s motion, Commissioner Woods’ second on an 7-0 vote. Commissioners Anderson, Haynes, Mushtaler, and Phillips were off the dais. Commissioners Cox and Barrera-Ramirez were absent. C14-2022-0107 - Vargas Mixed Use; District 3 400 Vargas Road & 6520 Lynch Lane, Country Club East Creek and Colorado River Watersheds Owner/Applicant: Vargas Properties I LTD & Jayco Holdings I LTD (Jay Chernosky) Agent: …

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Planning CommissionJuly 9, 2024

02- NPA-2023-0010.02 - East 2nd Street - 2300 Block; District 3 Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

03- C14-2024-0027 - East Cesar Chavez-2300 Block; District 3 Staff Report original pdf

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ZONING CHANGE REVIEW SHEET CASE: East Cesar Chavez – 2300 Block (C14-2024-0027) DISTRICT: 3 ZONING FROM: SF-3-NP, CS-CO-MU-NP, LO-NP, and LO-CO-MU-NP ADDRESS: 2300-2328 East Cesar Chavez Street, 2305-2317 East 2nd Street, 109-113 Mildred Street ZONING TO: CS-MU-V-CO- DB90-NP (as amended) SITE AREA: approximately 3.26 acres - approximately 142,005 sqft PROPERTY OWNERS: Patrica Ann Pope; LaFayette 2109, LLC; Isdale Investments, LLC; Emily Kolb Isdale; 2324-ECC-Arc LLC; 2400 ECC-Arc LLC; 2317 E 2nd-Arc LLC AGENT: Armbrust & Brown, PLLC (Michael Whellan) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- DB90-neighborhood plan (CS-MU-V-DB90-CO-NP) combining district zoning. See the basis of recommendation section below for more information. Staff's recommendation does recommend keeping the conditional overlay established on portions of the subject tract, under Ordinance No. 011213-44, on the entire tract being rezoned. It prohibits the following nine uses: adult oriented businesses, campground, convenience storage, drop-off recycling collection facilities, equipment sales, kennels, pawn shop services, transportation terminal, and vehicle storage. It conditionally allows the following seven uses: automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), commercial off-street parking, custom manufacturing, and service station. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD 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 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. CASE MANAGER COMMENTS: The property in question is currently an amalgamation of different uses and zoning strings from a time when the area had significantly smaller parcels with mixed uses on these small parcels. Four single-family homes, a restaurant, three office/retail spaces, a small strip center, a service repair garage, and a class C warehouse currently occupy the approximately 3 acre subject tract. The location is adjacent to an ASMP level 3 roadway and Imagine Austin Corridor (East Cesar Chavez) and approximately ¼ mile west of Pleasant Valley Road another Imagine Austin C14-2024-0027 2 Corridor and ASMP level 3 roadway. There is frequent Capital Metro Bus service with the …

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Planning CommissionJuly 9, 2024

04- NPA-2024-0025.01 - 8900 and 8956 W SH HWY 7 Multifamily; District 8 Staff Report original pdf

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Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NPA-2024-0025.01 DATE FILED: March 13, 2024 NEIGHORHOOD PLAN: Oak Hill Combined (West Oak Hill) CASE#: PROJECT NAME: 8900 and 8956 W SH 71 Multifamily PC DATE: July 9, 2024 ADDRESS/ES: DISTRICT AREA: 8 SITE AREA: 60.665 acres OWNER/APPLICANT: Marx Family Property, LLC and Texas limited liability 8900 and 8956 W SH 71 company AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Rural Residential Base District Zoning Change To: Multifamily Residential PHONE: (512) 974-2695 Related Zoning Case: C14-2024-0032 From: AG-NP To: MF-4-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 11, 2008 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 - (action pending) ACTION: Planning Commission: July 9, 2024 STAFF RECOMMENDATION: To grant the applicant’s request for Multifamily Residential land use. BASIS FOR STAFF’S RECOMMENDATION: The applicant proposes to change the land use on the future land use map (FLUM) from Rural Residential to Multifamily Residential land use. The applicant proposes to build approximately 660 multifamily residential units on a 60.665-acre tract of land. The proposed development will provide additional residential housing units for the Oak Hill area and the city. Below are sections of the Oak Hill Plan staff that supports the applicant’s request. GOALS, OBJECTIVES AND RECOMMENDATIONS: 6.A. Provide opportunities for high-quality new development and re- development. 6A.1 Ensure quality of new construction and renovations. 6.B. Balance development and environmental protection by maintaining a vibrant residential and commercial community that demonstrates caring stewardship of the environment. 6.B.1 Encourage zoning to be compatible with existing and neighboring land uses and seek optimal and most appropriate use of land. 6.B.1a—Rework zoning to allow/support the vision of the Oak Hill Neighborhood Plan. 6.B.1b—Cluster higher density development in appropriate areas, striving to balance the interests of stakeholders while taking into consideration environmental concerns. 2 Planning Commission: July 9, 2024 CHAPTER 8: HOUSING 8.A. Balance development and environmental protection by maintaining a vibrant residential and commercial community. 8.A.1 Assess and minimize the impact of land development on surface and ground water. 8.A.1a—Every housing development/redevelopment should include an environmental impact analysis and incorporate all necessary measures to address its potential impact on the Edwards Aquifer (impervious cover, drainage, traffic, etc.). 8.A.2 Design and place homes to minimize impacts on natural resources and the physical environment and to maximize social …

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Planning CommissionJuly 9, 2024

05- C14-2024-0032 - 8900 and 8956 W SH HWY 71 Multifamily; District 8 Staff Report original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0032 DISTRICT: 8 ZONING FROM: AG-NP ZONING TO: MF-4-NP ADDRESS: 8900 and 8956 W SH HWY 71 SITE AREA: 60.665 acres (2,642,567 sq. ft.) PROPERTY OWNER: Marx Family Property, LLC, a Texas limited partnership AGENT: Dubois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-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 60.67 acres, undeveloped, has access to Old Bee Caves Road (level 3) and W State Highway 71 (level 5), and is currently zoned agricultural- neighborhood plan (AG-NP) combined district zoning. The property has ranch/farms and undeveloped land (AG-NP, MF-1, P, DR) to the north. To the south there is more ranch/farmland, single family and convenience storage (RR-NP, AG-NP, CS-NP). To the east and west of the property are multifamily, duplex residential, ranch/farmland and undeveloped land (MF-1-NP, MF-1, AG-NP, GR-NP, GO-NP and I-RR). Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the multifamily residence (Moderate-High Density) -neighborhood plan (MF-4-NP) combined district zoning for the proposed 660 multifamily units, C14-2024-0032 2 approximately 11 units per acre for density. The MF-4 request will allow for more height per building and increase the amount of open space on the property. The site is located within the Oak Hill Combined Neighborhood plan (West Oak Hill) and has letters of support from surrounding neighbors. Please refer to the Correspondence from Interested Parties. The Imagine Austin Oak Hill Center is less than a mile south on Highway 71. The property is also within the new Capital Metro Pickup North Oak Hill Service Zone, and approximately 0.70 miles from an existing bus route/stop. This site expands the number of units and housing choice that suits a variety of household sizes, incomes, and lifestyle needs of a diverse population in support of Imagine Austin and the Strategic Housing Blueprint. Please refer to the associated neighborhood plan amendment case, NPA-2024-0025.01, for more staff comments. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The multifamily residence (Moderate-High Density) district is intended to accommodate multifamily and group residential use with a maximum density of 36 to 54 units per acre, depending …

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Planning CommissionJuly 9, 2024

06- NPA-2024-0016.01.SH - 4900 Gonzales Redevelopment; District 3 Staff Report original pdf

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Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined CASE#: NPA-2024-0016.01.SH PROJECT NAME: 4900 Gonzales Redevelopment PC DATE: July 9, 2024 July 25, 2024 DATE FILED: February 21, 2024 4900 Gonzales Street ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 19.8078 acres OWNER/APPLICANT: Austin Independent School District (A.I.S.D) AGENT: Husch Blackwell, LLP (Nikelle Meade) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Civic Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0019.SH From: P-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: July 18, 2024 ACTION: To: GR-MU-V-DB90-NP (as amended) Planning Commission: July 9, 2024 PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (Action Pending) June 25, 2024 – Postponed to July 9, 2024 at the request of the neighborhood on the consent agenda. [R. Johnson – 1st; F. Maxwell – 2nd] Vote: 8-0 [A. Haynes, C. Hempel, A. Azhar absent. G. Cox off the dais. One vacancy on the dais]. STAFF RECOMMENDATION: Recommended for the Applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is approximately 20 acres owned by the Austin Independent School District (A.I.S.D). Currently, the District’s Alternative Learning Center operates on the property and is also the location of a several non-profit organizations. A.I.S.D. has partnered with The NRP Group to develop the property with approximately 600 – 700 apartments with a possibility for neighborhood- serving commercial uses, in addition, a new Alternative Learning Center campus will be built on the property. The project is S.M.A.R.T. Housing Certified which proposes approximately 350 affordable dwelling units. See information below. The project will help meet the Austin Strategic Housing Blueprint’s goal to provide affordable housing throughout the City. Staff supports the applicant’s request for Mixed Use land use because the property is located near existing Mixed Use land uses, has access to public transportation, is near three activity corridors (Springdale Road, Airport Blvd, and E. 7th Street) and is directly south of the Springdale Station Activity Center. Mixed Use land use is appropriate in this location. 2 Below are sections of the Govalle/Johnston Terrace Neighborhood Plan document staff believes supports the applicant’s request. Planning Commission: July 9, 2024 3 Planning Commission: July 9, 2024 ‐ public facilities, including governmental offices, police, LAND USE DESCRIPTIONS: EXISTING LAND USE: Civic - Any site for public or semi …

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Planning CommissionJuly 9, 2024

07- C14-2024-0019.SH - 4900 Gonzales Rezoning; District 3 Staff Report original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024.0019.SH (4900 Gonzales/Anita Ferrales Coy Facility DISTRICT: 3 ADDRESS: 4900 Gonzales Street SITE AREA: approximately 19.81 acres (approximately 862,827 square feet) ZONING FROM: P-NP ZONING TO: CS-MU-V-CO-DB90-NP PROPERTY OWNER: Austin Independent School District (AISD) AGENT: Husch Blackwell, LLP and The NRP Group (Nikelle Meade and Nick Walsh) CASE MANAGER: Jonathan Tomko (512) 974-1047, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. The conditional overlay would prohibit the following 24 uses: agricultural sales and services, alternative financial services, automotive rentals, automotive repair services, automotive sales, automotive washing (of any type), bail bonds services, building maintenance services, campground, commercial blood plasma center, construction sales and services, drop-off recycling collection facility, equipment repair services, equipment sales, exterminating services, laundry services, monument retail services, pawn shop services, pedicab storage and dispatch, service station, vehicle storage, limited warehousing and distribution, communication services facilities, maintenance service facilities, For more information see the basis of recommendation section below PLANNING COMMISSION ACTION / RECOMMENDATION: June 25, 2024: Neighborhood postponement to July 9, 2024 July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: July 18, 2024: Case is scheduled to be heard by City Council. 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 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 C14-2024-0019.SH 2 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. The applicant seeks to utilize DB90 to provide affordable housing for teachers. For more detailed information from the applicant see the Applicant’s Summary Letter in attachment C. CASE MANAGER COMMENTS: The subject tract is currently the Anita Ferrales Coy Facility (AISD) Approximately 135,000 square feet constructed in approximately 1999. To the north is a single-family dwelling of approximately 1,250 square feet. To the east are five single-family dwellings ranging from approximately 780 to 2,200 square feet, an industrial building of approximately 33,700 square feet and a warehouse of approximately 6,000 square feet. To the south are two warehouses of approximately 3,800 to 11,850 square feet, a recently constructed apartment complex …

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Planning CommissionJuly 9, 2024

08- NPA-2024-0 016.02 - 5200 East 5th Street; District 3 Staff Report original pdf

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Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: March 13, 2024 5200 East 5th Street NEIGHORHOOD PLAN: Govalle/Johnston Terrace Combined (Govalle) CASE#: NPA-2024-0016.02 PROJECT NAME: 5200 East 5th Street PC DATE: July 9, 2024 ADDRESS/ES: DISTRICT AREA: 3 SITE AREA: 1.333 acres OWNER/APPLICANT: CSW 5th Street Manager, LLC AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Mark Walters STAFF EMAIL: mark.walters@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-7695 From: Commercial Base District Zoning Change To: Mixed Use Related Zoning Case: C14-2024-0037 From: CS-CO-NP To: CS-MU-V-DB90-CO-NP NEIGHBORHOOD PLAN ADOPTION DATE: March 27, 2003 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) STAFF RECOMMENDATION: To grant the Applicant’s request for Mixed Use land use. Planning Commission: July 9, 2024 BASIS FOR STAFF’S RECOMMENDATION: The requested amendment is in alignment with several of the neighborhood plan’s goals. Below are sections from the neighborhood plan that supports the applicant’s request: GOAL 3: Land Use - Develop a balanced and varied pattern of land use. Key Principles • Provide a balance of land use and zoning for people to both live and work in the • Encourage mixed use so that residential uses are allowed on some commercial area. properties. Staff Comment: The requested zoning (CS-MU-V-DB90-CO-NP) and associated future land use map amendment (Mixed Use) would be similar to the adjacent lot to the north: CS-V-CO-NP and Mixed Use. The surrounding properties indicated on the FLUM are designated a variety of different land use categories ranging from Industrial, Commercial, Civic, and Mixed Use. The proposed change maintains the varied land use pattern. GOAL 8: Housing - Increase opportunities for people to live in close proximity to daily needs such as shopping and transportation. Staff Comment: The subject track is approximately 300’ from the Austin Grayhoud Station which also serves as a transfer center for Capital Metro bussess serving six different routes as well as for CARTS service. Although there are not many goods and servies available in the immediate area, future development of the site may inlcude a retail element. Located south of the subject tract, on Levander Loop is the recently rezoned Bordon Tract PDA (Ordinance No. 20230720-181) allowing for multi-family buildings up to 120’ and a large cocktail lounge. As the subject tract and the Bordon Tract develop, new retail uses may be attacted to the area. GOAL 9: …

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Planning CommissionJuly 9, 2024

09- C14-2024-0037 - 5200 East 5th Street; District 3 Staff Report original pdf

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CASE: 5200 East 5th Street (C14-2024-0037) DISTRICT: 3 ZONING CHANGE REVIEW SHEET ZONING FROM: CS-CO-NP ZONING TO: CS-MU-V-CO-DB90-NP ADDRESS: 5200 East 5th Street SITE AREA: approximately 1.333 acres (approximately 58,065 square feet) PROPERTY OWNER: CSW 5th Street, LLC AGENT: Drenner Group, PC (Amanda Swor, AICP) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-vertical mixed use- conditional overlay-density bonus 90-neighborhood plan (CS-MU-V-CO-DB90- NP) combining district zoning. The conditional overlay would be carried over from Ordinance No. 030327-11a and prohibit seven uses: adult oriented businesses, campground, kennels, laundry services, pawn shop services, residential treatment, and vehicle storage. The conditional overlay would allow ten conditional uses: agricultural sales and services, automotive rentals, automotive repair services, automotive washing (of any type), building maintenance services, commercial off-street parking, construction sales and services, equipment sales, equipment repair services, and drive-in services as an accessory to commercial uses. For more information see the basis of recommendation section below. PLANNING COMMISSION ACTION / RECOMMENDATION: June 25, 2024: Neighborhood postponement granted to July 9, 2024. July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD 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 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. CASE MANAGER COMMENTS: The property in question is currently undeveloped land. To the north is additional undeveloped land. To the east across interchange of Airport Boulevard, East 7th Street, East 5th Street, and East Cesar Chavez Street is the Austin Animal Center and an asphalt contractor. To the south across East 5th Street/East Cesar Chavez Street is an automotive repair shop, approximately 7,800 square feet, was constructed in approximately 1975. A door supplier office/retail store of approximately 1,100 square feet was built in approximately 1939. Greyhound Bus Station C14-2024-0037 2 and the CARTS Eastside Bus Plaza, approximately 2,000 square feet, was constructed in 2020. To the west are vacant warehouses, approximately 24,000 square feet built in the early 1940s. The Applicant previously proposed to rezone approximately the subject tract from CS-CO-NP to …

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Planning CommissionJuly 9, 2024

10- NPA-2023-0005.01 - Montopolis-Fairway Mixed Use; District 3 Staff Report original pdf

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Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Montopolis CASE#: NPA-2023-0005.01 PROJECT NAME: Montopolis-Fairway Mixed Use PC DATE: July 9, 2024 DATE FILED: November 13, 2023 June 11, 2024 May 28, 2024 April 23, 2024 March 26, 2024 February 27, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 1614 Montopolis Drive; 6205, 6211, 6215 Fairway Street DISTRICT AREA: SITE AREA: 1.91 acres OWNER/APPLICANT: 3rd Angle Developments LLC, 1614 Montopolis LLC and Ben 6202, 6204 Caddie Street; 1600, 1604, 1606, 1608, 1610, 1612, and 3 S. Cobos AGENT: Thrower Design, LLC (Ron Thrower and Victoria Haase) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family and Civic To: Mixed Use Base District Zoning Change PHONE: (512) 974-2695) Related Zoning Case: C14-2024-0015 From: SF-3-NP and GR-NP To: CS-DB90-NP NEIGHBORHOOD PLAN ADOPTION DATE: September 27, 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 [P. Howard and A. Phillips absent]. April 23, 2024- Case was renotified for May 28, 2024 due to an error on the postponement date. March 26, 2024- Postponed to April 23, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [G. Anderson off the dais. P. Howard and A. Phillips absent]. February 27, 2024 - Postponed to March 26, 2024 on the consent agenda at the request of the Applicant. [A. Azhar – 1st; A. Woods – 2nd] Vote: 11-0 [J. Mushtaler off the dais. F. Maxwell absent]. January 23, 2024 – Postponed to February 27, 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 …

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Planning CommissionJuly 9, 2024

11- C14-2024-0015 - Montopolis-Fairway Mixed Use; District 3 Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

12- C14-2024-0007 - 1209 West 5th Street; District 9 Staff Report original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 9 TO: LI-PDA-NP CASE: 1200 West 5th Street (C14-2024-0007) ADDRESS: 1207, 1209, 1211, 1211 ½ West 5th Street ZONING FROM: LI-CO-NP SITE AREA: approximately 0.46 acres (approximately 20,037 square feet) PROPERTY OWNER: 1209 West Fifth Street LLC AGENT: Drenner Group, PC (Leah M. Bojo, AICP) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting limited industrial services-planned development area- the basis of neighborhood plan (LI-PDA-NP) combining district zoning. See recommendation section below for more information. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: N/A CASE MANAGER COMMENTS: The property in question is currently a medium office of 3 stories and 11,000 square feet constructed in 1985. To the north are two small stores, constructed in the late 1950s/early 1960s, of approximately 4,000 square feet each. One small office, constructed in 1973, of approximately 5,800 square feet. To the south, is a small office/retail space constructed in approximately 1917 of approximately 1,000 square feet. A warehouse, constructed in 1910, of approximately 4,500 square feet. To the east, is a paved area of approximately 7,800 square feet. To the west, is a retail strip center of approximately 6,000 square feet constructed in 1950, renovated in 1990. Existing Zoning Old West Austin Neighborhood Plan C14-2024-0007 2 The Old West Austin Neighborhood Plan identifies the area where the property is located as neighborhood-friendly commercial areas where office, retail and residences can be mixed vertically and horizontally. Proposed Zoning Section 1. Applicable Site Development Regulations Except as specifically provided below, the property may be developed and used in accordance with the regulations established for the Limited Industrial Service (LI) zoning district and other requirements of the City Code. Development of the property is subject to the regulations set forth in Ordinance No. 020926- 26 and as amended in this part: Section 2. Authorized Uses Permitted Residential Uses: - Bed & Breakfast (Group 1) - Bed & Breakfast (Group 2) - Condominium Residential - Group Residential - Multifamily Residential - Townhouse Residential feet) - Medical Offices (>5,000 square - Monument Retail - Off-Site Accessory Parking - Outdoor Entertainment * Standards in LDC Section 25-2-491, Zoning Land Use Summary Table, for Austin City Code apply. Permitted and Conditional Commercial Uses: - Administrative Business Offices - Agricultural Sales and Services - Art Gallery …

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Planning CommissionJuly 9, 2024

13- C14-2023-0139 - Oak Creek Village - Phase 2; District 3 Staff Report original pdf

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ZONING CHANGE REVIEW SHEET (215, 622 sq. ft.) ZONING TO: MF-6-NP DISTRICT: 3 CASE: C14-2023-0139 ZONING FROM: MF-6-CO-NP ADDRESS: 2302 Durwood St and 2324 Wilson St SITE AREA: 4.95 acres PROPERTY OWNER: 2018 Austin OCV, LLC (Rene Campos) AGENT: Armbrust & Brown, PLLC (Michael Gaudini) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 11, 2024: APPROVED THE NEIGHBORHOOD’S REQUEST FOR A POSTPONEMENT TO JULY 9, 2024. [A. AZHAR; F. MAXWELL-2ND] (10-0) N. BARRERA-RAMIREZ & G.COX – ABSENT; J. MUSHTALER - OFF THE DIAS [F. MAXWELL; A. WOODS-2ND] (10-0) P. HOWARD AND A. PHILLIPS – ABSENT, [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS May 28, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO JUNE 11, 2024. G.COX – ARRIVED LATE April 9, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO MAY 28, 2024. February 13, 2024: APPROVED THE NEIGHBORHOODS REQUEST FOR A POSTPONEMENT TO APRIL 9, 2024. CITY COUNCIL ACTION: ORDINANCE NUMBER: [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS C14-2023-0139 2 ISSUES: There are no issues at this time. CASE MANAGER COMMENTS: The property in question is 4.95 acres, developed with multiple multifamily residential buildings, has access to Durwood street (level 1), and is currently zoned multifamily residence (highest density)-conditional overlay-neighborhood plan (MF-6-CO-NP). The property has guidance services and single family residences (MF-3-NP and SF-3-NP) to the north, commercial offices, restaurants, and single family residences (GR-CO-NP, LO-CO- NP, and SF-3-NP) to the south, multifamily residences and single family residences (MF-3- NP and SF-3-NP) to the east, offices, retail and commercial mixed use (CS-MU-V-CO-NP and CS-V-CO-NP) to the west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning for the second phase of Oak Creek Village. The applicant is looking to remove the conditional overlay (CO) that is on the first phase which restricts the height to 60 feet and limits the unit count to 486 units. The applicant is requesting 90 feet in height, no limit in density, and 80% for impervious cover. The first phase was for new income-restricted affordable housing, which was fulfilled. The second phase of the development is for market rate family housing. Please refer …

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Planning CommissionJuly 9, 2024

14- C14-2023-0131 - E5ATX Rezone; District 3 Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

15 - C14-2024-0070 3117-3121 E 12th Updated DB90 Letter original pdf

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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}

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Planning CommissionJuly 9, 2024

15- C14-2024-0070 - 3117 & 3121 E. 12th Street; District 1 Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

16- C14-2024-0058 - 4302 S. Congress Avenue; District 3 Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

17- C14-2024-0060 - 5212 Duval St - Public Hearing Objection original pdf

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17- C14-2024-0060 - 5212 Duval St; District 9 Staff Report original pdf

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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 …

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18- C14-2024-0064 - 602 Gaylor St; District 4 Staff Report original pdf

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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 …

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19- C14-2024-0065 - 606 Gaylor St; District 4 Staff Report original pdf

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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 …

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20- C14-2024-0085 - 714 Turtle Creek Multifamily; District 2 Staff Report original pdf

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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 …

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02 NPA-2023-0010.02 - East 2nd Street - 2300 Block; District 3 Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

06 NPA-2024-0016.01.SH and 07 C14-2024-0019.SH Govalle Johnston Terrace Neighborhood Letter original pdf

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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

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07 C14-2024-0019.SH - 4900 Gonzales Rezoning; District 3 Public Comment original pdf

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08 NPA-2024-0016.02 and 09 C14-2024-0037 Govalle Johnston Terrace Neighborhood Letter original pdf

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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

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11 C14-2024-0015 - Montopolis-Fairway Mixed Use; District 3 Updated Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

12 C14-2024-0007 - 1209 West 5th Street; District 9 OWANA Neighborhood Letter original pdf

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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 …

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12 C14-2024-0007 - 1209 West 5th Street; District 9 Public Comment original pdf

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15 C14-2024-0070 - 3117 & 3121 E. 12th Street; District 1 Updated Applicant Letter original pdf

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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}

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17 C14-2024-0060 - 5212 Duval St; District 9 Public Comment original pdf

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Planning CommissionJuly 9, 2024

21- C14-2023-0135 - 1500 & 1600 Royal Crest; District 3 Staff Report original pdf

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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 …

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Planning CommissionJuly 9, 2024

22- Appeal HR-2024-047998; PR-2024-043549 - 1107 E. 10th St., Bldg. 2; District 1 Appeal Letter 1 original pdf

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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 …

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Planning CommissionJuly 9, 2024

22- Appeal HR-2024-047998; PR-2024-043549 - 1107 E. 10th St., Bldg. 2; District 1 Appeal Letter 2 original pdf

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Planning CommissionJuly 9, 2024

22- Appeal HR-2024-047998; PR-2024-043549 - 1107 E. 10th St., Bldg. 2; District 1 Appeal to Planning Commission Appeal Letter original pdf

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HISTORIC LANDMARK COMMISSION APPROVAL OF A CERTIFICATE OF APPROPRIATENESS APPEAL TO PLANNING COMMISSION: CASE NUMBER: HR-2024-047998 HISTORIC LANDMARK COMMISSION: June 5, 2024 PLANNING COMMISSION: July 9, 2024 DISTRICT: 1 ADDRESS: 1107 East 10th Street, Robertson/Stuart & Mair Historic District ZONING: SF-3-HD-NP APPELLANTS: Sue Gall; Mark and Tristana Rogers PROPERTY OWNER/APPLICANT: Matthew Jordan PROJECT BACKGROUND: The subject property is within the Robertson/Stuart & Mair Historic District. The primary building is a contributing one- story house. The applicant proposes to update a design for an accessory dwelling unit behind the main house to allow the maximum number of units permitted by the HOME amendment, which was codified after the ADU project's first iteration received approval from the Historic Landmark Commission in 2023. The amended design includes more interior space than the previously approved design, as well as fenestration and roofline changes. No changes were made to the proposed accessory dwelling unit’s previously approved roof height or location. The proposed new building is three stories in height and is oriented with the entrance and garage toward the rear alleyway. It is clad in horizontal fiber cement siding and has a compound gabled and shed roofline. Fenestration includes fixed undivided windows, divided casement windows, and divided sash windows arranged in an irregular pattern. APPEAL REQUEST: The appellants, Sue Gall and Mark and Tristana Rogers, have filed an appeal of the HLC’s June 5, 2024 approval of a certificate of appropriateness to construct the accessory dwelling unit and request denial of this project. Ms. Gall submitted a written objection prior to the hearing, and also spoke at the hearing; the Rogers family submitted a written objection prior to the hearing. Thus, both appellants appear to have standing to appeal under the Code. The appeals process for certificates of appropriateness is described in Land Development Code §25-11-247: the HLC’s decision may be appealed to the Land Use Commission, and the Land Use Commission’s decision may in turn be appealed to the City Council. The appellants state that the HLC did not properly apply the design standards of the Robertson/Stuart & Mair Historic District, in violation of Land Development Code §25-11-243: § 25-11-243 - ACTION ON A CERTIFICATE OF APPROPRIATENESS. A) This section applies to an application under Section 25-11-212 (Certificate Required). B) If the commission determines that the proposed work will not adversely affect a significant architectural or historical feature of the designated historic landmark or …

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