C.6.3 - 911 Congress Avenue - 2009 zoning change review sheet — original pdf

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B.1 - 1 ZONING CHANGE REVIEW SHEET HLC DATE: PC DATE: November 16, 2009 December 14, 2009 CASE NUMBER: C14H-2009-0059 APPLICANT: 911 Congress, L.L.C., owner HISTORIC NAME: 911 Congress Avenue WATERSHED: Town Lake ADDRESS OF PROPOSED ZONING CHANGE: 911 Congress Avenue ZONING FROM: CBD to CBD-H SUMMARY STAFF RECOMMENDATION: Staff recommends the proposed zoning change from central business district (CBD) district to central business district – Historic Landmark (CBD-H) combining district zoning. HISTORIC LANDMARK COMMISSION ACTION: PLANNING COMMISSION ACTION: DEPARTMENT COMMENTS: The building is listed in the Comprehensive Cultural Resources Survey (1984) as a priority 2 for research. ACTION: ORDINANCE NUMBER: CITY COUNCIL DATE: ORDINANCE READINGS: 1ST 2ND 3RD CASE MANAGER: Steve Sadowsky NEIGHBORHOOD ORGANIZATION: Downtown Austin Neighborhood Association BASIS FOR RECOMMENDATION: The ca. 1881 commercial building was the home to several prominent early Austin attorneys, Gammel’s Book Store (one of the first west of the Mississippi River), a Jewish tailor, the Knights of Pythias Hall, a prominent local photography studio, a hardware store, and several restaurants. The applicants intend to restore the historic façade of the building in the future. PHONE: 974-6454 Architecture: Two-story rectangular-plan flat-roofed brick commercial building with a concrete slipcover over the second story of the building; the storefront has been modified and boarded over. The building has been vacant for many years. Historical Associations: The building appears to have been built around 1881; it appears in a ca. 1881 photograph of Congress Avenue with cattle grazing in the middle of the street. The B.1 - 2 first known occupants were Carl W. Berryman, who had a dry goods store, and the offices of the White Star Steamship Line. The owner of the property was Duncan Ogden, who passed away in 1859; at some point before 1916, Sol Silverman, a Jewish tailor, who had his shop in this building, purchased the building, which is shown as vacant on the 1894 Sanborn Fire Insurance Company map. Silverman leased space in the building to several prominent early attorneys in Austin, including Charles Stephenson and Henry Faulk (Faulk was the father of John Henry Faulk, who became internationally known as a CBS personality and who was blacklisted during the McCarthy era of the 1950s). Silverman sold the building in 1916, but apparently maintained his tailor shop here until around 1919. Faulk had his offices in the building until around 1915. By 1916, Gammel’s Book Store opened in the building while Silverman’s tailor shop was still here. Gammel’s was one of the first bookstores west of the Mississippi River; Gammel operated out of this building through the early 1920s, when the building also served as the Knights of Pythias Hall. Gammel was a member of the Knights of Pythias as well. The Wall Furniture Company occupied the building in the late 1920s; by 1930, the building was occupied by Ada Cook, a dressmaker, and Walden’s Business College. The Cottelle Studio had a photography studio on the second floor of the building from the mid-1930s through the mid-1940s. From around 1946 to 1957, the building housed John B. Vaught’s Hardware Store. Manhattan’s Restaurant occupied the space from around 1958 to 1968, and the building has been vacant since 1969. Sanborn Fire Insurance Company maps show the building as a millinery shop in 1885 and 1889; the building was shown (like most others in this block of Congress Avenue) as vacant in 1894, as a store in 1900, as a restaurant and photography studio in 1935, and as a restaurant in 1962. PARCEL NO.: 02060310050000 LEGAL DESCRIPTION: The North 23 feet of Lot 3, Block 111, Original City. ANNUAL TAX ABATEMENT: $8,613 (income-producing); city portion: $1,147. APPRAISED VALUE: $610,801 PRESENT USE: Vacant. CONDITION: Poor PRESENT OWNERS: 911 Congress, L.L.C. 1516 Parkway Austin, Texas 78703 DATE BUILT: ca. 1881 ALTERATIONS/ADDITIONS: The entire façade has been covered with a concrete slipcover. The applicants intend to restore the original façade of the building based upon historic photographs. ORIGINAL OWNER(S): Duncan Campbell Ogden (1881) OTHER HISTORICAL DESIGNATIONS: None. LOCATION MAP B.1 - 3  B.1 - 4 B.1 - 5 B.1 - 6 B.1 - 7 B.1 - 8 B.1 - 9 B.1 - 10 B.1 - 11  B.1 - 12 B.1 - 13 B.1 - 14 B.1 - 15 B.1 - 16 B.1 - 17 B.1 - 18 B.1 - 19 B.1 - 20 B.1 - 21 B.1 - 22  B.1 - 23 The 1885 Sanborn map shows a millinery shop at 911 Congress Avenue B.1 - 24 The 1889 Sanborn map shows a millinery business at 911 Congress Avenue. The 1894 Sanborn map shows the building at 911 Congress Avenue as vacant. B.1 - 25 The 1900 Sanborn map shows a store at 911 Congress Avenue. B.1 - 26 The 1935 Sanborn map shows a restaurant on the ground floor of the building and a photography studio upstairs. This map corresponds with the city directory listings which show the Pick a Rib Restaurant and the Cottelle Studio in 1935 and the Capitol Sandwich Shop and Cottelle Studio in 1937. B.1 - 27 The 1962 Sanborn map shows the building housing a restaurant; it was Manhattan’s Restaurant from 1958 to 1968. A.1 - 1 MEMORANDUM ************************************************************************ TO: Laurie Limbacher, Chairperson Historic Landmark Commission Members FROM: Clark Patterson, AICP Planning and Development Review DATE: July 21st, 2010 RE: C14-2010-0090 909 Congress ************************************************************************ The applicant is requesting a modification to Section 25-2-643, the Congress Avenue Overlay . The Congress Avenue Overlay requires that all new construction on Congress Avenue be a minimum of thirty feet (30’) high and a maximum of ninety feet (90’) high for the first sixty feet (60’) back from Congress Avenue. After the required sixty foot (60’) setback, the structure may go up as high as the Floor-to-Area-Ratio (FAR) will allow for the property. The applicant is requesting to modify the Congress Avenue Overlay by reducing the setback from the required sixty feet (60’) to thirty four feet (34’) and to increase the height from the maximum of ninety feet (90’) to one hundred thirty two feet (132’). This request would be reducing the setback from Congress Avenue by twenty six feet (26’) and increase the maximum height by forty two feet (42’). The staff recommendation is to allow the Congress Avenue Overlay to be modified by reducing the setback from the required sixty feet (60’) to forty feet (40’) and to maintain the maximum height of ninety feet (90’). The staff recommendation would be in keeping with past requests to modify the Congress Avenue Overlay by other property owners.  A.1 - 2 A.1 - 3 § 25-2-165 CONGRESS AVENUE (CA) OVERLAY DISTRICT PURPOSE AND BOUNDARIES. (A) The purpose of the Congress Avenue (CA) overlay district is to protect the historic character and symbolic significance of Congress Avenue and to enhance the pedestrian environment of the area. (B) The CA overlay district applies to all property zoned CBD or DMU that is between the alleys on each side of and parallel to Congress Avenue from First Street to Eleventh Street. Source: Section 13-2-172; Ord. 990225-70; Ord. 031211-11. § 25-2-643 CONGRESS AVENUE (CA), EAST SIXTH / PECAN STREET (PS), DOWNTOWN PARKS (DP), AND DOWNTOWN CREEKS (DC) COMBINING DISTRICT REGULATIONS. (A) In the Congress Avenue (CA), East Sixth / Pecan Street (PS), downtown parks (DP), and downtown creeks (DC) combining districts: (1) glass used on the first floor of a structure must have a visible transmittance rating of 0.6 or higher; (2) reflective surface building materials must not produce glare; and (3) within 60 feet of Congress Avenue: (a) the minimum structure height is 30 feet; and (b) the maximum structure height is 90 feet. (B) This subsection applies to new development on Congress Avenue or East 6th Street, on streets adjacent to a downtown park or Town Lake, and along a downtown creek. (1) Surface parking lots, curb cuts, and unscreened garage openings are prohibited. (2) The Land Use Commission may waive the prohibition of this subsection after determining that: (a) compliance with the prohibition is impractical; (b) the proposed project will not unreasonably impair pedestrian or vehicular movement; and (c) adequate precautions have been made for public safety, convenience, and the aesthetic values of the combining district. A.1 - 4 (C) This section applies to the PS overlay district. (1) Except as otherwise provided in this subsection, a structure may not exceed a height of 45 feet. (2) A structure located west of Brazos Street is subject to the height limit of the base zoning district. (3) An exterior sign must comply with the standards adopted by the Landmark Commission for the Sixth Street Historic District. (D) In the DP combining district: (1) a structure may not exceed a height of 120 feet; and (2) at least one entrance to a new development must face the park unless the new development is located diagonally across an intersection from the park. (E) In the DC combining district: (1) a structure may not exceed a height of 60 feet; and (2) storage, trash collection, loading, and associated facilities must be screened from view from a creek. Source: Section 13-2-717; Ord. 990225-70; Ord. 010607-8; Ord. 030612-93; Ord. 031211- 11; Ord. 20080618-097. A.1 - 5 A.1 - 6 A.1 - 7 A.1 - 8 A.1 - 9 A.1 - 10 A.1 - 11 A.1 - 12 A.1 - 13 A.1 - 14 A.1 - 15 A.1 - 16 A.1 - 17 A.1 - 18 A.1 - 19 A.1 - 20 A.1 - 21 A.1 - 22 A.1 - 23 A.1 - 24 STATE CAPITOL GROUNDS UNZ CS BLDG. S C OFFICE M U H E - S Z U N M U C B D T DMU A S C CBD A V A L GOVERNOR'S MANSION UNZ W 11TH ST PARKING UNZ PARKING CBD BAKERY CBD-H W 10TH ST PARKING OFFICE CBD STATE BLDG. SP96-0227C CBD PARKING G. D L E B N O H P E L E T D B C VAC. OFF. CBD-H OFFICE D JEWELERY B C REST. CBD-H REST. C B D C B D CBD CBD-H H CBD BANK W 9TH ST OFFICE D BLDG. B C COMPLEX OFFICE CBD-H CBD REST. E V S A S E R G N O OFFICE C CBD CBD-H RETAIL SHOPS CBD RETAIL SHOPS H01-0013 PARKING G N I K R A P T S O D A R O L O C PARKING CBD MUNICIPAL H02-0009 CBD-H W 8TH ST C B D CBD-H H06-0016 REST. D-H B CBD-H C OFFICE BLDG. CBD W 7TH ST CBD-H REST. CBD PARKING UNZ E 11TH ST OFFICE BLDG. CBD PARKING CBD OFFICE BLDG. SP-00-2132C E 10TH ST C B D BLDG. OFFICE RETAIL CBD-H CBD BLDG. D SP-06-0436CS B H C - H04-0008 D B C E 9TH ST OFFICE OFFICE D OFFICE UNZ B BLDG. C BLDG. OFFICE BUILDING CBD CBD H - D B C CBD OFFICE BUILDING CBD D B C D V L B O T IN C A N J A S C B D MF-4 CBD CBD SHOPS CBD-H CBD CBD OFFICE CBD-H H01-0012 CBD-H OFFICE PARKING D OFFICE B C E IC F F O T S S O Z A R B CBD SP-05-1165C THEATER H - D P80-54 B C H98-0006 OFFICE S P O H D B C AIL S T E R OFF. BLDG. E 7TH ST CBD E 8TH ST OFFICE CBD CBD BANK CBD PARKING PARKING CHURCH GARAGE COURTYARD CBD U M D FEDERAL CBD BLDG. D M OFFICE U PARKING CBD DMU CBD-H C B D ± 1" = 200' SUBJECT TRACT ZONING BOUNDARY ! ! ! ! ! PENDING CASE OPERATOR: S. MEEKS HISTORIC ZONING ZONING CASE#: ADDRESS: SUBJECT AREA: GRID: MANAGER: C14H-2009-0059 911 CONGRESS AVE 0.000 ACRES J22 S. SADOWSKY This map has been produced by G.I.S. Services for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 4.A.1 - 1 MEMORANDUM ************************************************************************ TO: Laurie Limbacher, Chairperson Historic Landmark Commission Members FROM: Clark Patterson, AICP Planning and Development Review DATE: July 21st, 2010 RE: C14-2010-0090 909 Congress ************************************************************************ The applicant is requesting a modification to Section 25-2-643, the Congress Avenue Overlay . The Congress Avenue Overlay requires that all new construction on Congress Avenue be a minimum of thirty feet (30’) high and a maximum of ninety feet (90’) high for the first sixty feet (60’) back from Congress Avenue. After the required sixty foot (60’) setback, the structure may go up as high as the Floor-to-Area-Ratio (FAR) will allow for the property. The applicant is requesting to modify the Congress Avenue Overlay by reducing the setback from the required sixty feet (60’) to ten feet (10’) and to increase the height from the maximum of ninety feet (90’) to one hundred thirty two feet (132’). This request would be reducing the setback from Congress Avenue by fifty feet (50’) and increase the maximum height by forty two feet (42’). The staff recommendation is to allow the Congress Avenue Overlay to be modified by reducing the setback from the required sixty feet (60’) to forty feet (40’) and to maintain the maximum height of ninety feet (90’). The staff recommendation would be in keeping with past requests to modify the Congress Avenue Overlay by other property owners.  4.A.1 - 2 4.A.1 - 3 § 25-2-165 CONGRESS AVENUE (CA) OVERLAY DISTRICT PURPOSE AND BOUNDARIES. (A) The purpose of the Congress Avenue (CA) overlay district is to protect the historic character and symbolic significance of Congress Avenue and to enhance the pedestrian environment of the area. (B) The CA overlay district applies to all property zoned CBD or DMU that is between the alleys on each side of and parallel to Congress Avenue from First Street to Eleventh Street. Source: Section 13-2-172; Ord. 990225-70; Ord. 031211-11. § 25-2-643 CONGRESS AVENUE (CA), EAST SIXTH / PECAN STREET (PS), DOWNTOWN PARKS (DP), AND DOWNTOWN CREEKS (DC) COMBINING DISTRICT REGULATIONS. (A) In the Congress Avenue (CA), East Sixth / Pecan Street (PS), downtown parks (DP), and downtown creeks (DC) combining districts: (1) glass used on the first floor of a structure must have a visible transmittance rating of 0.6 or higher; (2) reflective surface building materials must not produce glare; and (3) within 60 feet of Congress Avenue: (a) the minimum structure height is 30 feet; and (b) the maximum structure height is 90 feet. (B) This subsection applies to new development on Congress Avenue or East 6th Street, on streets adjacent to a downtown park or Town Lake, and along a downtown creek. (1) Surface parking lots, curb cuts, and unscreened garage openings are prohibited. (2) The Land Use Commission may waive the prohibition of this subsection after determining that: (a) compliance with the prohibition is impractical; (b) the proposed project will not unreasonably impair pedestrian or vehicular movement; and 4.A.1 - 4 (c) adequate precautions have been made for public safety, convenience, and the aesthetic values of the combining district. (C) This section applies to the PS overlay district. (1) Except as otherwise provided in this subsection, a structure may not exceed a height of 45 feet. (2) A structure located west of Brazos Street is subject to the height limit of the base zoning district. (3) An exterior sign must comply with the standards adopted by the Landmark Commission for the Sixth Street Historic District. (D) In the DP combining district: (1) a structure may not exceed a height of 120 feet; and (2) at least one entrance to a new development must face the park unless the new development is located diagonally across an intersection from the park. (E) In the DC combining district: (1) a structure may not exceed a height of 60 feet; and (2) storage, trash collection, loading, and associated facilities must be screened from view from a creek. Source: Section 13-2-717; Ord. 990225-70; Ord. 010607-8; Ord. 030612-93; Ord. 031211-11; Ord. 20080618-097.  MEMORANDUM ************************************************************************ TO: Laurie Limbacher, Chairperson Historic Landmark Commission Members FROM: Clark Patterson, AICP Planning and Development Review DATE: July 21st, 2010 RE: C14-2010-0090 909 Congress ************************************************************************ The applicant is requesting a modification to Section 25-2-643, the Congress Avenue Overlay . The Congress Avenue Overlay requires that all new construction on Congress Avenue be a minimum of thirty feet (30’) high and a maximum of ninety feet (90’) high for the first sixty feet (60’) back from Congress Avenue. After the required sixty foot (60’) setback, the structure may go up as high as the Floor-to-Area-Ratio (FAR) will allow for the property. The applicant is requesting to modify the Congress Avenue Overlay by reducing the setback from the required sixty feet (60’) to thirty four feet (34’) and to increase the height from the maximum of ninety feet (90’) to one hundred thirty two feet (132’). This request would be reducing the setback from Congress Avenue by twenty six feet (26’) and increase the maximum height by forty two feet (42’). The staff recommendation is to allow the Congress Avenue Overlay to be modified by reducing the setback from the required sixty feet (60’) to forty feet (40’) and to maintain the maximum height of ninety feet (90’). The staff recommendation would be in keeping with past requests to modify the Congress Avenue Overlay by other property owners.  § 25-2-165 CONGRESS AVENUE (CA) OVERLAY DISTRICT PURPOSE AND BOUNDARIES. (A) The purpose of the Congress Avenue (CA) overlay district is to protect the historic character and symbolic significance of Congress Avenue and to enhance the pedestrian environment of the area. (B) The CA overlay district applies to all property zoned CBD or DMU that is between the alleys on each side of and parallel to Congress Avenue from First Street to Eleventh Street. Source: Section 13-2-172; Ord. 990225-70; Ord. 031211-11. § 25-2-643 CONGRESS AVENUE (CA), EAST SIXTH / PECAN STREET (PS), DOWNTOWN PARKS (DP), AND DOWNTOWN CREEKS (DC) COMBINING DISTRICT REGULATIONS. (A) In the Congress Avenue (CA), East Sixth / Pecan Street (PS), downtown parks (DP), and downtown creeks (DC) combining districts: (1) glass used on the first floor of a structure must have a visible transmittance rating of 0.6 or higher; (2) reflective surface building materials must not produce glare; and (3) within 60 feet of Congress Avenue: (a) the minimum structure height is 30 feet; and (b) the maximum structure height is 90 feet. (B) This subsection applies to new development on Congress Avenue or East 6th Street, on streets adjacent to a downtown park or Town Lake, and along a downtown creek. (1) Surface parking lots, curb cuts, and unscreened garage openings are prohibited. (2) The Land Use Commission may waive the prohibition of this subsection after determining that: (a) compliance with the prohibition is impractical; (b) the proposed project will not unreasonably impair pedestrian or vehicular movement; and  (c) adequate precautions have been made for public safety, convenience, and the aesthetic values of the combining district. (C) This section applies to the PS overlay district. (1) Except as otherwise provided in this subsection, a structure may not exceed a height of 45 feet. (2) A structure located west of Brazos Street is subject to the height limit of the base zoning district. (3) An exterior sign must comply with the standards adopted by the Landmark Commission for the Sixth Street Historic District. (D) In the DP combining district: (1) a structure may not exceed a height of 120 feet; and (2) at least one entrance to a new development must face the park unless the new development is located diagonally across an intersection from the park. (E) In the DC combining district: (1) a structure may not exceed a height of 60 feet; and (2) storage, trash collection, loading, and associated facilities must be screened from view from a creek. Source: Section 13-2-717; Ord. 990225-70; Ord. 010607-8; Ord. 030612-93; Ord. 031211-11; Ord. 20080618-097.