INTERPRETATION APPEAL REVIEW COVERSHEET CASE: C15-2022-0051 BOA DATE: July 13th, 2022 ADDRESS: 5900 Westminster Dr OWNER: TDC Griffin Windsor LLC COUNCIL DISTRICT: 4 APPELLANT: Larry Abraham ZONING: GR-V-CO-NP (Windsor Park) LEGAL DESCRIPTION: LOT 2 BLK C GASTON PLACE RESUB OF BLK C THE Appellant Interpretation: the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 SUMMARY: approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development ISSUES: VMU is not being applied equitably on the Windsor Village Site Plan. ZONING LAND USES GR-V-CO-NP Site North GR-MU-CO-NP South LO-MU-CO-NP; SF-3-NP East West SF-3-NP P-NP Community Commercial-Vertical Mixed Use Community Commercial-Vertical Mixed Use Limited Office; Single-Family Single-Family Public NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Del Valle Community Coalition Friends of Austin Neighborhoods Friends of Northeast Austin Homeless Neighborhood Association Neighborhood Empowerment Foundation Neighbors United for Progress Preservation Austin Responsible Growth for Windsor Park SELTexas Sierra Club, Austin Regional Group Windsor Park Neighborhood Association Windsor Park Neighborhood Plan Contact Team Windsor Park-Pecan Springs Heritage NA A-1/1 CITY OF AUSTIN Development Services Department One Texas Center | Phone: 512.978.4000 505 Barton Springs Road, Austin, Texas 78704 Board of Adjustment Interpretations Application Appeal of an Administrative Decision AMENDED This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ C15-2022-0051 12938545 0222170914 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ I/We ________________________________________________ on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month , Day , Year , hereby apply for an interpretation hearing before the Board of Adjustment. City of Austin | Board …
AGENDA BOARD OF ADJUSTMENT Special Called Meeting July 13, 2022 at 5:00PM Austin City Hall, Council Chambers, Room 1001 301 West 2nd Street, Austin, Texas 78701 Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To participate/speak remotely you will have to register with the Liaison via email elaine.ramirez@austintexas.gov or call 512-974-2202. You must register before 12p.m. the day before the meeting, Tuesday, July 12, 2022. ___Thomas Ates ___Brooke Bailey ___Jessica Cohen (Chair) ___Melissa Hawthorne (Vice Chair) ___Barbara Mcarthur ___Darryl Pruett ___Ryan Nill EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 ___Agustina Rodriguez ___Richard Smith ___Michael Von Ohlen ___Nicholl Wade ___Kelly Blume (Alternate) ___Carrie Waller (Alternate) ___Marcel Gutierrez-Garza (Alternate) CALL TO ORDER A. INTERPRETATION NEW PUBLIC HEARINGS A-1 C15-2022-0051 Stuart Hersh (Appellant) TDC Griffin Windsor Owner, LLC 5900 Westminster Drive On-Line Link: Item A-1 The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: • • Article 2 – Site Development Standards • • • Article 3 – Building Design Standards • Article …
July 1, 2022 Lawrence D. Abraham (for Austin Mennonite Church) 5900 Westminster Dr Austin TX, 78723 Property Description: LOT 2 BLK C GASTON PLACE RESUB OF BLK C THE Re: C15-2022-0051 Dear Lawrence, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider an appeal of an administrative decision at 5900 Westminster Drive. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com
To: Chair Cohen Board of Adjustment Members From: Brent D. Lloyd Development Officer, DSD Date: July 8, 2022 Subject: Windsor Village Site Plan (Case No. Case No. SP-2020-093520) Appeal of Staff Interpretation of Subchapter E Requirements ________________________________________________________________________________________ The matter before the Board of Adjustment (“BOA”) is an administrative appeal of a decision by the Development Services Department (“DSD”) to approve the Windsor Village Site Plan (Case No. SP-2020- 093520), which Appellants contend is inconsistent with applicable zoning regulations. In particular, the issue of code interpretation before the Board is whether the site plan application complies with the requirements of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code (“LDC”). To assist the Board in understanding the issues, this report is laid out as follows: (1) General background on the development, at pp. 1-2; (2) Procedural requirements for the appeal, at p.2; (3) A summary of the issues before the Board, at pp. 2-3; and (4) DSD’s response to the issues raised by Appellants, at pp. 3-6. 1. Summary of Site Plan Application Subchapter E authorizes the construction of Vertical Mixed Use (“VMU”) development to facilitate a mix of commercial and residential uses on properties with “V” zoning. The site plan approval at issue in this is appeal is for a VMU development located at 5900 Westminster Drive, which is located in the University Hills/Windsor Park Neighborhood Plan between Westminster Drive and Berkman Drive. (For reference, a location map of the site is provided on the following page.) The site plan application consists of three VMU buildings located on Lot 1 and a 1.17-acre park dedicated to the City of Austin on Lot 3, with Westminster Drive serving as the principal street frontage for the development. Lots 2 and 4 are not proposed for development as part of this application. Building A is a 261,842 square foot building comprised of multi-family residential and retail. Building B is a 78,223 square foot building comprised of multi-family residential. Building B is connected to Building A via a structural awning and is therefore considered one structure. Building C is a 43,200 square foot building comprised of multi-family residential, personal services, and retail. 1 A-1/1-Staff report 2. Procedural Requirements for Appeal Appellants own the property located at 5801 Westminster Drive, which is occupied by Austin Mennonite Church and located within 200 feet of the development at issue. They filed their …
Windsor Village: Appeal of Interpretation Board of Adjustment – Item A-1 July 13, 2022 1 A-1/1-PRESENTATION (PH) Project Details • Address: 5900 Westminster Drive • Project Area: 4.97 acres • Required Parkland Dedication: 1.17 acres • Zoning: GR-V-CO-NP • Affordable Housing: SMART Housing and VMU Certified • SDP Submittal: June 24, 2020 (SP-2020-0257C.SH) • SDP Approval: May 2, 2022 2 A-1/2-PRESENTATION (PH) 3 A-1/3-PRESENTATION (PH) Appeal of Interpretation Subchapter E §1.1.5: To provide for and encourage development and redevelopment contains a compatible mix of residential and nonresidential uses than within close proximity to each other, separating uses. rather that Response: Public parkland and east-west connection dedicated during SDP process. Project buildings situated to line and complement new park space. 4 A-1/4-PRESENTATION (PH) Parkland Exhibit 5 A-1/5-PRESENTATION (PH) Appeal of Interpretation Subchapter E §2.1.7: Ensure that building entranceways are convenient to and easily accessible from the roadside pedestrian and bicycle system. Response: Commercial building entrances are located along Westminster Drive and pedestrian pathway along required parkland. 6 A-1/6-PRESENTATION (PH) Building Entrances Exhibit 7 A-1/7-PRESENTATION (PH) Appeal of Interpretation Subchapter E §2.1.10: Ensure that large sites are developed in a manner that supports and encourages connectivity and creates a cohesive visual identity and attractive street scene. In addition to parkland trail easements, Response: public pathways from Westminster Drive to Berkman Drive and improved sidewalks along Westminster Drive with street trees will be provided. A walkway along the north side connecting Westminster to Berkman is proposed as part of a future phase of the development. 8 A-1/8-PRESENTATION (PH) Appeal of Interpretation Subchapter E §3.1.3: Ensure that buildings contribute to the creation of a pedestrian-friendly environment through the provision of glazing, shading, and shelter at the pedestrian level. Response: Street trees on Westminster and shade elements at building entrances proposed. Pedestrian walkways through new park provide connectivity to commercial spaces. 9 A-1/9-PRESENTATION (PH) Trees Exhibit 10 A-1/10-PRESENTATION (PH) Appeal of Interpretation Subchapter E §4.3.3: Mix of Uses. A use on the ground floor must be different from a use on an upper floor. The second floor may be designed to have the same use as the ground floor so long as there is at least one more floor above the second floor that has a different use from the first two floors. At least one of the floors shall contain residential dwelling units. Pedestrian-Oriented Commercial Spaces. Along at least 75 percent of the building …
Ricardo Villalobos Ramirez, Elaine From: To: Cc: Subject: Date: C15-2022-0051 - Notice of Public Hearing Appeal Friday, July 01, 2022 3:59:18 PM *** External Email - Exercise Caution *** Good afternoon Elaine, My name is Ricardo Villalobos, P.E. and I am a resident in the Windsor Park Neighborhood. Copied on this email is my husband, Clayton Robbins, who also shares my views on this hearing as stated below. Our address is 2005 Northridge Dr, Austin, TX 78723 and we reside within 500 ft of the proposed development at 5900 Westminster Drive. We received a Notice of Public Hearing Land Development Code Variance - Interpretation Appeal and we wanted to submit our comments to the board. We have been following the proposed development of the 5900 Westminster Drive property and have been seeing a concerning chain of events. We would like to raise two comments of concern on the development and object to the current site plan application as follows: Item one, the first iteration of the design started with a 12+ acre development plan. The developer has now split the property into a number of smaller lots for the purposes of curtailing the requirements of the LDC to perform proper reviews and designs, meeting the needs of a large phased development. For instance, Section 2.2.5 of the LDC requires an Internal Circulation Route (ICR) for development of a site five acres or larger with frontage on a core transit corridor or urban roadway. If the developer intends to develop the entirety of the 12+ acre land, the site plan should follow all of the requirements of a master plan in a phased approach, not as less-than-5 acre individual site plans. The second item of concern is that the zoning requirements are also being skirted. First off, the zoning as shown on the plans is GR-V-CO-NP (a community commercial zone with vertical mixed use, following the neighborhood plan combining district) Vertical mixed use allows for inclusion of residential and commercial space combined. However, 49,980 SF of commercial space will be demolished and according to the C200 sheet of the Civil and Environmental Consultants, Inc. (CEC) reviewed by Jaime Cardenas on April 18, 2022, no replacement of commercial space has been designed in. I believe the removal of that amount of commercial property defies the overall intent of the community commercial zoning requirements. It has been over a year now that all …
Amanda Swor direct dial: (512) 807-2904 Board of Adjustment City of Austin 6310 Wilhelmina Delco Dr. Austin, TX 78752 July 11, 2022 Via Electronic Delivery Appeal Response: Windsor Village – Response to the Appeal of Interpretation filed for Re: the site development permit application for Windsor Village, the 4.97-acre and 1.17-acre pieces of property located at 5900 Westminster Drive in the City of Austin, Travis County, Texas (the “Property”). Chair Cohen and Board Members: As representatives of the owners of the Property, we respectfully submit the below and enclosed correspondence to the Appeal of Interpretation, case number C15-2022-0051, associated with site development permit for Windsor Village, case number SP-2020-0257C.SH (the “Project”). The Property owners have been working with City staff for over two years on the site development permit for this project. The Site Development Permit was issued from the City of Austin for the project on May 2, 2022. Subsequently the Austin Mennonite Church (the “Appellant”) filed an appeal on May 19, 2022 to specific staff interpretations associated with the Site Development Permit. The below information is intended to provide additional information for the items that were specifically appealed by the appealing party. 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map. a. Subchapter E §1.1.5: To provide for and encourage development and redevelopment that contains a compatible mix of residential and nonresidential uses within close proximity to each other, rather than separating uses. Appellant Argument: The project “does not relate well to adjoining public streets, open spaces or the neighborhood.” 2607 Bee Caves Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com A-1/1-PERMIT HOLDER RESPONSE P a g e | 2 • Response: The Project is dedicating public parkland to the City of Austin as part of the Site Development Permit review process. The Property Owner worked extensively with the Austin Parks and Recreation Department to determine the size, location and park program elements associated with the required parkland. The land dedicated provides both an east-west connection on the south side of the project as well as a destination along the southeastern portion of the Property. The vast majority of the parkland is situated along Westminster Drive, providing a community space across the street from the existing Austin Public library. Additionally, the buildings for the Project were situated to front and complement the new public …
CITY OF AUSTIN Board of Adjustment Decision Sheet Interpretation A-1 DATE: July 13, 2022 CASE NUMBER: C15-2022-0051 ___Y____Thomas Ates ___N____Brooke Bailey ___N____Jessica Cohen ___R____Melissa Hawthorne RECUSED ___-____Barbara Mcarthur OUT ___N____Ryan Nill ___-____Darryl Pruett OUT ___Y____Agustina Rodriguez ___N____Richard Smith ___Y____Michael Von Ohlen ___Y____Nicholl Wade ___Y____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___Y____Marcel Gutierrez-Garza (Alternate) APPELLANT: Stuart Hersh OWNER: TDC Griffin Windsor Owner, LLC ADDRESS: 5900 WESTMINSTER DR VARIANCE REQUESTED: The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: Article 1 – General Provisions • 1.1 General Intent • 1.5 Alternative Equivalent Compliance Article 2 – Site Development Standards 3.1 Intent 2.1 Intent 2.2 Relationship of Buildings to Streets and Walkways 2.8 Shade and Shelter • • • Article 3 – Building Design Standards • Article 4 – Mixed Use • 4.1 Intent and • 4.3 Vertical Mixed Use Buildings BOARD’S DECISION: The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von Ohlen motions to deny the appeal request and uphold City staff’s interpretation; Board member Marcel Gutierrez-Garza seconds on a 7-4 vote (Board members Brooke Bailey, Jessica Cohen, Ryan Nill, Richard Smith nay, Melissa Hawthorne recused); APPEAL DENIED-UPHELD STAFF’S INTERPRETATION. FINDING: 1. There is a reasonable doubt of difference of interpretation as to the specific intent of the regulations or map in that: 2. An appeal of use provisions could clearly permit a use which is in character with the uses enumerated for the various zones and with the objectives of the zone in question because: 3. The interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated in that: ______________________________ Elaine Ramirez Executive Liaison ____________________________ Jessica Cohen Madam Chair for
AGENDA MEETING MINUTES July 13, 2022 The Board of Adjustment -Special called meeting convened on Wednesday, July 13, 2022. Some members of the Board of Adjustment may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live. Madam Jessica Cohen (Chair) called the Board Meeting to order at 5:15 p.m. Board Members in Attendance (in person): Madam Jessica Cohen (Chair), Brooke Bailey, Ryan Nill, Richard Smith, Michael Von Ohlen, Kelly Blume (Alternate), Marcel Gutierrez- Garza (Alternate) Board Members in Attendance (virtually via teleconference): Thomas Ates, Agustina Rodriguez, Nicholl Wade, Carrie Waller (Alternate) Board Members Absent: Melissa Hawthorne (Vice Chair) Recused, Barbara Mcarthur, Darryl Pruett City Staff in Attendance: Elaine Ramirez (Board Liaison), Chad Shaw (Board Attorney) and Diana Ramirez (Board Secretary) EXECUTIVE SESSION (No public discussion) The Board of Adjustment will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Board of Adjustment may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Private Consultation with Attorney – Section 551.071 CALL TO ORDER A. INTERPRETATION NEW PUBLIC HEARINGS A-1 C15-2022-0051 Stuart Hersh (Appellant) TDC Griffin Windsor Owner, LLC 5900 Westminster Drive On-Line Link: Item A-1 Article 1 – General Provisions 1.1 General Intent 1.5 Alternative Equivalent Compliance The appellant has filed an appeal challenging staff’s interpretation of Chapter 25-2, Subchapter E (Design Standards and Mixed Use) of the Land Development Code in connection with approval of a Site Plan application for construction of a Vertical Mixed-Use (VMU) development at the above-referenced address. The appellant contends that the Site Plan does not meet the Land Development Code, Subchapter E Sections 1.1, 1.5, 2.1, 2.2, 2.8, 3.1, 4.1, and 4.3 in a “GR-V-CO-NP”, Community Commercial-Vertical Mixed Use-Conditional Overlay-Neighborhood Plan zoning district (Windsor Park Neighborhood Plan). Note: Subchapter E: Design Standards and Mixed Use, Article 1 – General Provisions, Article 2 – Site Development Standards, Article 3 – Building Design Standards, and Article 4 – Mixed Use: Article 2 – Site Development Standards Article 3 – Building Design Standards Article 4 – Mixed Use 4.1 Intent and 4.3 Vertical Mixed Use Buildings The public hearing was closed by Madam Chair Jessica Cohen, Board member Michael Von …
