Item 5- Staff Report-Zoning Change Review Sheet — original pdf

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CASE NUMBER: PR-2024-064274; GF-2024-073040 ZONING CHANGE REVIEW SHEET HLC DATES: July 3, 2024; August 7, 2024; September 4, 2024 PC DATE: October 8, 2024 CC Date: TBD APPLICANT: Historic Landmark Commission (owner-opposed) HISTORIC NAME: East End Saloon/Eisenbeiser’s Café; 1500 Club/1500 Beauty and Barber Shop WATERSHED: Boggy Creek ADDRESS OF PROPOSED ZONING CHANGE: 1500 East 12th Street ZONING CHANGE: CS-MU-NCCD-NP to CS-MU-H-NCCD-NP (Central East Austin NP) COUNCIL DISTRICT: 1 STAFF RECOMMENDATION: Recommend historic zoning to Planning Commission and City Council. Otherwise, require a City of Austin Documentation Package before releasing the demolition permit. QUALIFICATIONS FOR LANDMARK DESIGNATION: architecture, community value, and historical associations. HISTORIC LANDMARK COMMISSION ACTION: July 3, 2024 – initiate historic zoning (10-0). August 7, 2024 – postpone the public hearing (9-1, Commissioner Rubio opposed). September 4, 2024 – recommend historic zoning (10-0). PLANNING COMMISSION ACTION: CITY COUNCIL ACTION: CASE MANAGER: Kalan Contreras, 512-974-2727/kalan.contreras@austintexas.gov NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Davis-Thompson, Del Valle Community Coalition, East Austin Conservancy, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Neighbors United for Progress, Organization of Central East Austin Neighborhoods , Preservation Austin, Residents of E 12th St, SELTexas, Sierra Club, Austin Regional Group, Urban Renewal Board of the City of Austin DEPARTMENT COMMENTS: The 2016 East Austin Historic Resource Survey lists the property as eligible for local landmark listing based on historical associations and community value, and individual listing on the National Register of Historic Places for its significance in the areas of land development and community planning. BASIS FOR RECOMMENDATION: § 25-2-352(3)(c)(i) Architecture. The property embodies the distinguishing characteristics of a recognized architectural style, type, or method of construction; exemplifies technological innovation in design or construction; displays high artistic value in representing ethnic or folk art, architecture, or construction; represents a rare example of an architectural style in the city; serves as an outstanding example of the work of an architect, builder, or artisan who significantly contributed to the development of the city, state, or nation; possesses cultural, historical, or architectural value as a particularly fine or unique example of a utilitarian or vernacular structure; or represents an architectural curiosity or one-of-a-kind building. The building is a vernacular commercial building, a typology rapidly disappearing in Austin. It was recommended as a preservation priority requiring stabilization in a 2019 letter from the Organization of Central East Austin Neighborhoods.1 Originally constructed as a two-story store building, occupants constructed one-story rear additions in and outside of the period of significance. It has a hipped roof with a central hipped dormer at the 12th Street elevation, 1:1 wood and vinyl windows, and horizontal wood siding covered with vinyl siding that has been partially removed without permits. A shallow frame awning shelters the two entry stoops at 12th Street, while the two entrances on Comal Street remain uncovered. The building’s second-floor porch was originally open but was enclosed during the historic period.2 § 25-2-352(3)(c)(ii) Historical Associations. The property has long-standing significant associations with persons, groups, institutions, businesses, or events of historical importance that contributed significantly to the history of the city, state, or nation or represents a significant portrayal of the cultural practices or the way of life of a definable group of people in a historic time. 1 OCEAN. “Eureka development plans for East 12th Street Summary of Feedback.” 2019. https://services.austintexas.gov/edims/document.cfm?id=323572 2 The Austin Statesman (1921-1973); 19 Sep 1970: 2. The 2016 East Austin Historic Resource Survey identifies the property as significant for its association with Ernest Eisenbeiser, a prominent Austin grocer. The building is also associated with the Alpha Phi Alpha fraternity and Mr. Buford Johnson, proprietor of the 1500 Club and the 1500 Beauty and Barber Shop, as well as Christian J. Wilhelm, grocer and politician. The building at 1500 East 12th Street, originally addressed as 1400 East 12th Street, is estimated to have been built around 1910 per the 2016 East Austin Historic Resource Survey. However, the building’s earliest occupant—grocer Christian J. Wilhelm—is associated with the address as far back as 1889. Wilhelm, a native of Burnet, lived above his shop and sold groceries and beer; he also bartended briefly on Congress Avenue. Wilhelm was active in politics and ran for several civic roles, including Travis County Commissioner. In 1910, he and his family moved to Houston and sold the property at 1400 East 12th to Dessau merchants Ernest and Louisa Eisenbeiser. The Eisenbeiser store sold produce and dry goods and had an attached saloon and restaurant. The Eisenbeiser family lived above the store and occasionally rented out living space for tenants. During Prohibition, the saloon was closed by City ordinance, though it later reopened. By 1934, it was a popular spot for German food, music, and beer, boasting novelties like a marble beer vault and a resident accordion band. The family stopped selling groceries to focus on the restaurant and made improvements to the building, including the enclosure of the open second-floor porch.3 In 2004’s Austin Texas: Then and Now, author Jeffrey Kerr recounts Eisenbeiser’s history: Ernest Eisenbeiser opened his East End Saloon (later Eisenbeiser’s Café) at East 12th Street and Comal Street in 1910. The second story provided living space for Ernest, wife Louise, and daughters Emma and Kathryne. Ernest was born in Baden, Germany, emigrated to America in 1878, and moved to Texas in 1903. He worked with Emil Bohls in a Pflugerville meat market before opening his first café in Dessau in 1907. The East 12th Street streetcar line…connected with the 6th Street line at Waller Street, which in turn ran directly to Congress Avenue. “Pop” Eisenbeiser ran the family business until his death in 1947…although the streetcar tracks are long gone, the name “Eisenbeiser” remains stamped on the concrete steps along the building’s front.4 After Ernest Eisenbeiser died in 1947, his wife, Louisa, continued to run the business for about two years; by 1950, she had sold the building to African American businessman Buford Johnson and its furnishings to widow E. M. Barton. Johnson , noted as “one of Austin’s most successful businessmen” in J. Mason Brewer’s A Pictorial and Historical Souvenir of Negro Life in Austin, Texas 1950-51, owned grocery and corner stores elsewhere in the neighborhood but had a different vision for the corner of 12th and Comal Streets. 5 He converted the building from a café and saloon to several small businesses. By the mid-1950s, the building at 1500 East 12th Street had greatly expanded its offerings to the neighborhood. The Fifteen Hundred Beauty and Barber Shops operated out of the building, along with Club Fifteen Hundred, a bar and music venue. The Gamma Eta Alpha chapter of the Alpha Phi Alpha fraternity also took up residence there. The oldest fraternity to allow Black members, Alpha Phi Alpha boasted an illustrious member roster in Austin and nationwide, including renowned NAACP president Lt. Col. Volma Overton, Sr.; J. Mason Brewer, Jr., the son of famed African American folklorist J. Mason Brewer; Rev. Dr. Martin Luther King, Jr., and Thurgood Marshall.6 Though the Alphas’ total tenure at 1500 East 12th was not confirmed during research, they remained in the building for at least two years beginning in 1956. By the early 1960s, the building was owned by Huston-Tillotson alumni Gillis C. and Grace Sneed Jefferson. G. C. Jefferson worked as a plumber7 and was also a District Commissioner of the Boy Scouts.8 Throughout the ‘60s, the Jeffersons constructed additions and made improvements to the building, which gained notoriety as a popular music venue. Despite its prominence as an important corridor, East 12th Street fell into decline shortly before the end of the historic period, with years of vacancy interspersed with sporadic occupation. In 1995, it was purchased by a religious nonprofit, who used it as a rehabilitation center. It once again stood vacant after it was purchased by the current owner in 2016. It is important to remember the building’s period of significance when considering its historic associations: per National 3 CTM Basemaps. “1940 Black and White Imagery.” Arcgis.com, 2024, https://austin.maps.arcgis.com/home/item.html?id=768744ab32a1492282a2ad4c3dcbba5c. 4 Jeffrey Kerr. Austin, Texas: Then and Now, a Photography Scrapbook. Austin, TX: Promised Land Books, 2004. 5 Brewer, J. Mason. A Pictorial and Historical Souvenir of Negro Life in Austin, Texas 1950-51: Who's Who and What's What. Austin, TX: 1951. 6 “Austin Alphas.” The Gamma Eta Lambda Chapter of Alpha Phi Alpha Fraternity, Inc. https://www.facebook.com/AustinAlphas/about_details 7 “Gillis Jefferson Obituary (2010) - Austin, TX - Austin American-Statesman.” Legacy.com. Legacy, February 2, 2010. https://www.legacy.com/us/obituaries/statesman/name/gillis-jefferson-obituary?id=49054811. 8 The Austin Statesman (1921-1973); 06 Feb 1964: B24. Park Service guidelines,9 the Land Development Code defines the historic period as fifty years and prior. Though the building fell into decline during the 1970s and later—as many of East Austin’s gathering places did after years of disinvestment, spurred by systematic neglect by City government and the aftermath of discriminatory redlining—its period of significance ends, at the latest, in 1974. While the purposeful and systematic disinvestment of East Austin by powerful public and private interests in the twentieth century and beyond is part of 12th Street’s story that must not be forgotten, events occurring after 1974 may not be considered per LDC §25-2-352 when evaluating the property’s historic significance against the Code’s criteria for designation. § 25-2-352(3)(c)(iv) Community Value. The property has a unique location, physical characteristic, or significant feature that contributes to the character, image, or cultural identity of the city, a neighborhood, or a particular group. The East Austin Historic Resource Survey identifies the property as a unique location, physical characteristic, or significant feature that contributes to the character, image, or cultural identity of the city, the neighborhood, or a particular demographic group as a popular meeting place in East Austin. It forms part of a historically important intersection at 12th and Comal Streets, opposite the Southgate-Lewis House and next to the I.Q. Hurdle House. “The two-story building has lived many lives, from a German beer hall weathering Prohibition to Civil Rights-era meeting place of Black fraternity Alpha Phi Alpha,” remarks reporter Kali Bramble of the Austin Monitor.10 The 12th Street commercial corridor was a backbone of the African American community in historic East Austin, offering retail, services, and leisure activities that could be found in few places throughout the city during the era of segregation. 12th Street is still home to many Black-owned businesses, though others have been lost over the years. Today, it is part of the African American Cultural Heritage District. “As a historic business corridor of the African American Cultural Heritage District,” note the East 12th Street Merchants’ Association and the City’s Economic Development Department, “East 12th Street is dedicated to preserving and celebrating the history of the African American community that has helped build Austin into the vibrant city it is today.”11 Historic photographs of the 12th Street corridor show thriving, pedestrian-scale commerce adjacent to residences; this pattern is still visible at the corner of 12th and Comal Streets.12 The building also represents German American immigrants’ presence and impact on East Austin. Former District 1 Councilmember, Ms. Ora E. Houston, recounts her personal history with the building and its community impact: “[Built] by German Americans between 1889 and 1901, it has seen many uses, some reputable and some not. Its location made the building a haven and gathering point for the many groups of Austinites who were physically outside Austin’s Anglo-dominated society...before the building in question was closed, I would stop in to listen to live music. This building has been part of East Austin’s neighborhood my entire life, and longer than any of us have been alive. […] It has been and continues to be a significant part of the history of Austin because of the German citizens who constructed it, operated, and provided much needed goods for members of the diverse communities East of East Avenue…”13 PARCEL NO.: 0208090119 LEGAL DESCRIPTION: 106 X 148FT OF BLK 1 OLT 36 DIVISION B ESTIMATED ANNUAL TAX EXEMPTION (non-homestead, not capped): AISD $2,359.67 COA $2,447.80 TC $1,672.80 TC Health $552.88 Total $7,033.15 APPRAISED VALUE (TCAD, 2024): Land: $2,196,320; Improvement: $0; Total: $2,196,32 9 Marcella Sherfy and W. Ray Luce, “NATIONAL REGISTER BULLETIN: Technical Information on the the National Register of Historic Places: Survey, Evaluation, Registration, and Preservation of Cultural Resources Guidelines for Evaluating and Nominating Properties That Have Achieved Significance within the Past Fifty Years.” https://www.nps.gov/subjects/nationalregister/upload/NRB22-Complete.pdf. 10 Kali Bramble. “Landmark commission considers imposing historic zoning for neglected east side building slated for demolition by Eureka.” July 16, 2024. https://www.austinmonitor.com/stories/2024/07/landmark-commission-considers-imposing-historic-zoning-for-neglected-east-side- building-slated-for-demolition-by-eureka. 11 “East 12th Street District.” City of Austin Economic Development Department. https://www.austintexas.gov/page/east-12th-street-district; https://www.austintexas.gov/sites/default/files/files/ETSMA_Brochure_07-19.pdf 12 See Photos, below. 13 Letter from Councilmember Houston, September, 2024. See backup for full text. PRESENT USE: vacant commercial DATE BUILT/PERIOD OF SIGNIFICANCE: ca. 1889-1910/1910-1974 INTEGRITY/ALTERATIONS: The building appears to retain moderate integrity. Windows and doors have been replaced. Vinyl siding has been removed to reveal historic-age wood siding. Additions and porch enclosures appear to have been constructed during the historic period. Significant integrity may be restored, and existing integrity retained, with basic repair and maintenance work. PRESENT OWNERS: Eureka Holdings/SODOSOPA SALMON LP, 1108 LAVACA ST STE 110-348 78701-2172 ORIGINAL OWNER(S): C. J. Wilhelm LOCATION MAP PROPERTY INFORMATION Photos  Demolition permit application, Eureka Holdings, 2024 Photos Courtesy of Commissioner K. Koch, June 2024  Photos courtesy of Austin Code, August 22, 2024  Photos from Kerr, Jeffrey. Austin, Texas: Then and Now, p. 136-137, Austin History Center. Courtesy of Commissioner Dr. T. Dudley, 2024. Contextual photos: historic East 12th Street “1900 block of East 12th Street”. City of Austin, Jan. 26, 1965. Austin History Center, PICA17841-002. “East 12th Street looking west from Poquito Street.” City of Austin, January 25, 1940. Austin History Center, PICA19033-002. Residential buildings were interspersed with pedestrian-scale commercial buildings during the historic period. 12th Street looking west from Chicon Street, n.d. Austin History Center, PICA36901. Occupancy History City Directory Research, East Austin Historic Resource Survey, 2016 and Austin History Center, 2024 1970 1965 1960 1954 1949 1947 1944 1941 1939 1935 1932 1929 1924 1920 1918 1916 1914 1912 1910 1909 1906 1905 Louise Eisenbeiser, owner - Eisenbeiser's (beer); widow of Ernest Eisenbeiser Emma L. Eisenbeiser, renter – waitress, Eisenbeiser’s Kathryn R. Vyse, renter – waitress, Eisenbeiser’s Ernest and Louise Eisenbeiser, owners - Eisenbeiser's (beer); waitress Emma L. Eisenbeiser, renter – cashier, Eisenbeiser’s Paladium Club Vondell and Carol's Record Shop Tonnie's Charm House beauty shop Paladium Club Gladys Beauty Salon Club Fifteen Hundred Fifteen Hundred Beauty Shop Frank and Elsie Canady – porter, Driskill Hotel Club Fifteen Hundred (beer) Fifteen Hundred Barber Shop Fifteen Hundred Beauty Shop Ernest F. Eisenbeiser – restaurant Ernest F. Eisenbeiser – restaurant Ernest F. Eisenbeiser – beer E.F. Eisenbeiser, owner – grocery E.F. and Louise Eisenbeiser, owners – grocery E.F. Eisenbeiser – grocery E.F. Eisenbeiser – grocery Ernest F. and Louisa Eisenbeiser – grocery Note: The building is addressed as 1400 E. 12th St. Ernest F. and Louisa Eisenbeiser – saloon Note: The building is addressed as 1400 E. 12th St. E.F. Eisenbeiser, owner – grocery Paul and Emma Klearner, renters – carpenter at Calcasieu Lumber and stenographer for G.W. Walling, Jr. E.F. Eisenbeiser – grocer, beer Daniel M. Johnson, renter – porter, McKean Eilers Company Note: The directory indicates that Daniel M. Johnson was African American and that the building was previously addressed as 1400 E. 12th St. Note: The building is addressed as 1400 E. 12th St. Ernest F. Eisenbeiser – saloon Christian J. Wilhelm – grocer Note: The directory indicates that Wilhelm’s residence is located at his business address, 1400 E. 12th St. Christian J. Wilhelm – grocer Note: The building is addressed as 1400 E. 12th St. Christian J. Wilhelm – grocer Note: The directory indicates that Wilhelm’s residence is located at his business address, 1400 E. 12th St. Christian J. Wilhelm – groceries and beer at 1400 E. 12th St., also bartender for J.A. Miller at 1011 Congress Amelia Wilhelm, renter – dressmaker for Hatzfeld & Co. Note: The directory indicates that Wilhelm’s residence is located at his business address, 1400 E. 12th St. Christian J. Wilhelm – grocer Frederick C. Wilhelm, renter – jeweler Note: The directory indicates that Wilhelm’s residence is located at his business address, 1400 E. 12th St. on the corner of Comal. Christian J. Wilhelm – Joergens and Wilhelm, groceries Note: The directory indicates that Wilhelm’s residence is located at his business address, 1400 E. 12th St. on the corner of Comal 1903 1893 1891 1889 Christian J. Wilhelm – grocer Note: The building is addressed as 1400 E. 12th St. Note: The building is addressed as 1400 E. 12th St., corner Christian J. Wilhelm – grocer Historical Information 1922 Sanborn map, 1935 Sanborn map 1940 aerial photo The Austin Daily Statesman (1880-1889); Austin, Tex.. 28 June 1883: 1. The Austin Statesman (1889-1891); Austin, Tex.. 17 Jan 1891: 3. Austin Daily Statesman (1891-1902); Austin, Tex.. 29 Sep 1892: 2. Austin Daily Statesman (1891-1902); Austin, Tex.. 03 Sep 1901: 1. The Austin Statesman (1902-1915); Austin, Tex.. 09 July 1908: 2. Travis County (Tex.). Clerk's Office. Travis County Deed Records: Deed Record 242, book, 1910-08/1910-12; (https://texashistory.unt.edu/ark:/67531/metapth1110913), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office. The Austin Statesman (1902-1915); Austin, Tex.. 18 June 1912: 8. Das Wochenblatt. (Austin, Tex.), Vol. 6, No. 43, Ed. 1 Wednesday, May 26, 1915 Page: 8. https://texashistory.unt.edu/ark:/67531/metapth1478723/m1/8/  The Statesman (1916-1921); Austin, Tex.. 20 Dec 1917: 1. The Statesman (1916-1921); Austin, Tex.. 29 Nov 1920: 4. The Austin Statesman (1921-1973); Austin, Tex.. 28 June 1928: 6. The Austin American (1914-1973); Austin, Tex.. 01 July 1928: A2. The Austin American (1914-1973); Austin, Tex.. 11 Feb 1934: 3. The Austin Statesman (1921-1973); Austin, Tex.. 27 Apr 1934: 3. The Austin Statesman (1921-1973); Austin, Tex.. 22 June 1934: 14. Saint Edward's Echo (Austin, Tex.), Vol. 18, No. 7, Ed. 1 Wednesday, December 16, 1936 Page: 3. https://texashistory.unt.edu/ark:/67531/metapth1293968/m1/3/ The Austin Statesman (1921-1973); Austin, Tex.. 24 June 1944: 7. The Austin Statesman (1921-1973); Austin, Tex.. 17 May 1947: 7. The Austin American (1914-1973); Austin, Tex.. 18 May 1947: 20.  Travis County (Tex.). Clerk's Office. Travis County Clerk Records: Bill of Sale Record 9, book, 1947/1957; (https://texashistory.unt.edu/ark:/67531/), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office. Barnes, Lorraine.  The Austin Statesman (1921-1973); Austin, Tex.. 24 Oct 1950: 1. The Austin Statesman (1921-1973); Austin, Tex.. 07 June 1951: A12. Brewer, J. Mason. A Pictorial and Historical Souvenir of Negro Life in Austin, Texas 1950-51: Who's Who and What's What. Photo courtesy of Commissioner Dr. Tara Dudley. The Austin Statesman (1921-1973); Austin, Tex.. 26 Mar 1954: 14 The Austin American (1914-1973); Austin, Tex.. 15 July 1956: B9. The Austin American (1914-1973); Austin, Tex.. 12 Aug 1956: I2.  The Austin Statesman (1921-1973); Austin, Tex.. 14 Sep 1956: 16. The Austin American (1914-1973); Austin, Tex.. 16 Dec 1956: A2. The Austin Statesman (1921-1973); Austin, Tex.. 31 Jan 1957: 46. The Austin Statesman (1921-1973); Austin, Tex.. 24 July 1958: B18. The Austin American (1914-1973); Austin, Tex.. 02 June 1957: B12. The Austin Statesman (1921-1973); Austin, Tex.. 15 Jan 1960: 9. The Austin Statesman (1921-1973); Austin, Tex.. 13 Sep 1970: E1.; Hart, Katherine.  The Austin Statesman (1921-1973); Austin, Tex.. 19 Sep 1970: 5 The Austin Statesman (1921-1973); Austin, Tex.. 19 Sep 1970: 2. The Austin Statesman (1921-1973); Austin, Tex.. 07 Sep 1970: 24. Permits The Austin Statesman (1921-1973); Austin, Tex.. 26 May 1973: 18.    Permitting and Development Center | 6310 Wilhelmina Delco Drive, Austin, TX 78752 | (512) 978-4000 Property Profile Report General Information Location: Parcel ID: Grid: 1500 E 12TH ST 0208090119 MK22 Planning & Zoning *Right click hyperlinks to open in a new window. Future Land Use (FLUM): Commercial, Civic Regulating Plan: No Regulating Plan Zoning: Zoning Cases: Zoning Ordinances: Zoning Overlays: CS-MU-NCCD-NP C14-01-0148 C14-01-0148.004 C14-06-0209 C14-2021-0037 NPA-2007-0009.01 011213-42 19990225-070b 20080228-087 20220915-085 Neighborhood Plan: Infill Options: Neighborhood Restricted Parking Areas: -- Mobile Food Vendors: Historic Landmark: -- -- Urban Roadways: Yes ADU Approximate Area Reduced Parking Central Urban Renewal (C.U.R.E.): EAST 11TH & 12TH ST COMMERCIAL CORRIDORS Neighborhood Conservation Combining District: E 12TH ST Residential Design Standards: LDC/25-2-Subchapter F Urban Renewal Overlay: EAST 11TH & 12TH ST COMMERCIAL CORRIDORS Selected Sign Ordinances CENTRAL EAST AUSTIN: SUB-DISTRICT 1 Urban Home Infill Option, Secondary Apartment Infill Option, Small Lot Amnesty Infill Option Zoning Guide The Guide to Zoning provides a quick explanation of the above Zoning codes, however, the Land Development Information Services provides general zoning assistance and can advise you on the type of development allowed on a property. Visit Zoning for the description of each Base Zoning District. For official verification of the zoning of a property, please order a Zoning Verification Letter. General information on the Neighborhood Planning Areas is available from Neighborhood Planning. No No No No No No Environmental Fully Developed Floodplain: FEMA Floodplain: Austin Watershed Regulation Areas: URBAN Watershed Boundaries: Boggy Creek Creek Buffers: Edwards Aquifer Recharge Zone: Edwards Aquifer Recharge Verification Zone: Erosion Hazard Zone Review Buffer: Political Boundaries Jurisdiction: AUSTIN FULL PURPOSE Council District: 1 County: TRAVIS School District: Austin ISD Community Registry: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Davis-Thompson, Del Valle Community Coalition, East Austin Conservancy, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Neighbors United for Progress, Organization of Central East Austin Neighborhoods , Preservation Austin, Residents of E 12th St, SELTexas, Sierra Club, Austin Regional Group, Urban Renewal Board of the City of Austin Zoning Map Imagery Map Vicinity Map