21 C14H-2023-0105 - State Theatre; District 9.pdf

Planning Commission – Jan. 23, 2024

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CASE NUMBER: C14H-2023-0105 ZONING CHANGE REVIEW SHEET HLC DATE: September 6, 2023; December 13, 2023 PC DATE: January 23, 2024 CC Date: TBD APPLICANT: Historic Landmark Commission (owner-supported) ADDRESS OF PROPOSED ZONING CHANGE: 719 Congress Avenue HISTORIC NAME: State Theatre WATERSHED: Town Lake ZONING CHANGE: CBD to CBD-H COUNCIL DISTRICT: 9 STAFF RECOMMENDATION: Staff recommends the proposed zoning change from central business district (CBD) to central business district-historic landmark (CBD-H) combining district zoning. QUALIFICATIONS FOR LANDMARK DESIGNATION: Architecture, historical associations, community value HISTORIC LANDMARK COMMISSION ACTION: September 6, 2023 – initiate historic zoning (9-0). December 13, 2023—recommend historic zoning (9-0). PLANNING COMMISSION ACTION: CITY COUNCIL ACTION: CASE MANAGER: Kalan Contreras, 512-974-2727 NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, City of Austin Downtown Commission, Downtown Austin Alliance, Downtown Austin Neighborhood Assn. (DANA), Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Preservation Austin, SELTexas, Sierra Club, Austin Regional Group 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 State Theatre was the first theater in Austin specifically designed to screen movies. While other theaters had been constructed primarily for live performances, the State’s cinema was purpose-built in 1935 as part of a conversion of an existing building, the old Avenue Hotel, to the plans of architect W. Scott Dunne and the fourth of the Interstate Circuit's Austin theaters (along with the Paramount Theatre, Queen Theatre, and Capitol Theatre). The State Theater is the only Scott Dunne-designed theater still open in Austin; Of his original 44 theaters, only 9 are still in operation. Its facade clearly embodies the characteristics of the Art Deco style. The historical significance of the theater was promoted best in a letter to Live Oak Director Don Toner from Sinclair Black’s architecture firm in 1998: “The State Theater is one of the remaining examples of the American Art Deco Period in the Congress Avenue National Register Historical District. That period of American design is not well represented in Austin as a whole with that absence being most pronounced along Congress Avenue. Sinclair Black & Andrew Vernooy, AIA is extremely pleased to assist Live Oak Theatre in its efforts to preserve the salient features of the State Theater’s facade. 1 of 1621 C14H-2023-0105 - State Theatre; District 9 Without our combined efforts, the Congress Avenue Historical District will suffer an irrevocable breach in the continuity of its collection of period facades. Should that breach occur, it would deliver quite a blow to Austin’s premier historical district.” These words are only more significant 25 years later, with the original facade still intact.1 § 25-2-352(3)(c)(ii) Historical Associations. The property has long-standing significant associations with persons, groups, institutions, businesses, or events of historic importance which 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. In the early 20th Century, Congress Avenue was home to 12 theatres, earning the nickname “Show Row.” The Paramount and State Theatres are the only two still operating in their original function, and almost all the others have been demolished. With its roots as an entertainment corridor, this section of Congress Avenue is one of the oldest historic districts in Austin. Beyond that, the State is truly significant to the history of Austin’s renowned cultural arts identity and a fundamental starting point of the film scene in Austin as the first theater in town explicitly built as a movie house. It opened on Christmas Day with "The Bride Comes Home," a comedy with Claudette Colbert and Fred MacMurray. At the time of opening, Louis Novy was the manager. When the theatre opened, there was a retail space separating the Paramount Theatre and the State Theater; sometime in the 1940s, the State lobby was expanded, taking over the retail space and making the State and Paramount direct neighbors. At the time of the State Theater opening, the president of the Interstate Circuit was Karl Hoblitzelle, and the general manager was R.J. O'Donnell. Interstate Circuit's parent company was Paramount Theatres. In 1953, Paramount Theatres merged with American Broadcasting Company, creating American Broadcasting-Paramount Theatres and the Interstate Circuit was a subsidiary. In 1965, they changed the name to American Broadcasting Companies, Inc. (ABC). By the 1970s, the theatre had fallen on hard times, which lasted through the 1980s. An article suggests Paramount Theatre for the Performing Arts owners John Bernardoni and Charles Eckerman purchased the State Theatre in 1980 with plans to revitalize the space and continue operating it as a discount ticket movie house. Unfortunately, plans fell through with the general national economic decline of the ‘80s. It was then under the ownership of the City of Austin, and in 1986, the City leased it to Live Oak Productions, a local producing theatre company.2 § 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. During the decades following a period of urban decay, the revitalization efforts of the city’s downtown corridor were heavily reliant on performing arts spaces—notably the State--to bring back the once-thriving district. The theater was founded with community in mind, and this focus has stayed true throughout the theatre’s history. Its latest owners have promoted local productions and later worked with the city to make the venue an accessible stage and rehearsal space for other local theatre groups to rent at affordable rates, encouraging and supporting the artist community, so integral to the identity of Austin. 3 PARCEL NO.: 0206030814 LEGAL DESCRIPTION: N 40FT OF LOT 5 & S 3FT OF LOT 6 BLOCK 084 ORIGINAL CITY ESTIMATED ANNUAL TAX EXEMPTION: N/A (nonprofit exemption applied) APPRAISED VALUE: $5,573,039 PRESENT USE: Theater DATE BUILT/PERIOD OF SIGNIFICANCE: ca. 1935; 1935-1973 INTEGRITY/ALTERATIONS: High. Alterations have primarily occurred at the interior of the building, with rehabilitation projects occurring in the 1990s. The Historic Landmark Commission approved exterior alterations and rehab in 2023 that do not negatively impact the building’s integrity, including adding a balcony at the existing addition, adding a ticket window, and connecting the building internally to the neighboring Paramount Theater. 1 Humphrey, Johnathan. Historic zoning application, 2023. 2 Ibid. 3 Ibid., https://paramounthistory.org/interstate-theatres-1915-1975/ 2 of 1621 C14H-2023-0105 - State Theatre; District 9PRESENT OWNERS: Live Oak Productions, 719 Congress Ave, Austin Tx 78701-3216 ORIGINAL OWNER(S): Interstate Circuit, Inc.; Karl Hoblitzelle OTHER HISTORICAL DESIGNATIONS: Contributes to Congress Avenue National Register Historic District AustinTheatre.org: https://www.austintheatre.org/about/history/ 3 of 1621 C14H-2023-0105 - State Theatre; District 9State and Paramount theatres, circa 1936 ( [PICA-32942], Austin History Center, Austin Public Library) State Theatre, 1946: https://services.austintexas.gov/edims/document.cfm?id=209202 Highsmith, Carol M, photographer. The State Theater in Austin, Texas. United States Austin Texas, 2014. -04-19. Photograph. https://www.loc.gov/item/2014632644/. 4 of 1621 C14H-2023-0105 - State Theatre; District 9LOCATION MAP 5 of 1621 C14H-2023-0105 - State Theatre; District 9City of Austin - Historic Preservation Office Historic Zoning Application Packet A. APPLICATION FOR HISTORIC ZONING PROJECT INFORMATION: DEPARTMENTAL USE ONLY APPLICATION DATE:__________________ FILE NUMBER(S) _____________________________________________ TENTATIVE HLC DATE: TENTATIVE PC or ZAP DATE:_________________ TENTATIVE CC DATE:_________________ CASE MANAGER ___Kalan Contreras____________________________ APPLICATION ACCEPTED BY:________________________________________ CITY INITIATED: YES ROLLBACK: YES/NO 10-4-23 BASIC PROJECT DATA: 1. OWNER’S NAME:________________________________________________________________________________ 2. PROJECT NAME:________________________________________________________________________________ 3. PROJECT STREET ADDRESS (or Range): __________________________________________________________ 719 Congress Avenue Live Oak Productions State Theatre 78701 ZIP__________________________ COUNTY:______________________________________ IF PROJECT ADDRESS CANNOT BE DEFINED ABOVE: LOCATED ____________ FRONTAGE FEET ALONG THE N. S. E. W. (CIRCLE ONE) SIDE OF ______________________________________ (ROAD NAME PROPERTY FRONTS ONTO), WHICH IS APPROXIMATELY _______________________________________ DISTANCE FROM ITS INTERSECTION WITH _________________________________________ CROSS STREET. Travis AREA TO BE REZONED: 4. ACRES _________________ (OR) SQ.FT._______________ 5. ZONING AND LAND USE INFORMATION: EXISTING ZONING EXISTING USE CBD __________ __________ __________ __________ Theater __________ __________ TRACT# (IF MORE THAN 1) ________ ________ ________ ACRES / SQ. FT. PROPOSED USE PROPOSED ZONING 0.1579 acres _______________ _______________ _______________ Theater _____________ _____________ _____________ CBD-H ____________ ____________ ____________ RELATED CURRENT CASES: (NO) 6. ACTIVE ZONING CASE? 7. RESTRICTIVE COVENANT? (NO) (NO) 8. SUBDIVISION? (NO) 9. SITE PLAN? FILE NUMBER: ______________________________________ FILE NUMBER: ______________________________________ FILE NUMBER: ______________________________________ FILE NUMBER: ______________________________________ Adopted December 2012 6 6 of 1621 C14H-2023-0105 - State Theatre; District 9City of Austin - Historic Preservation Office Historic Zoning Application Packet PROPERTY DESCRIPTION (SUBDIVISION REFERENCE OR METES AND BOUNDS): 10a. SUBDIVISION REFERENCE: Name: _____________________________________________________________ N 40FT OF LOT 5 & S 3FT OF LOT 6 BLOCK 084 ORIGINAL CITY 084 Block(s) ______________________ Lot(s )___________________ Outlot(s) _____________________ Plat Book: _________________________________Page Number:_________________________________ I Instrument #: 433187 5 10b. METES AND BOUNDS (Attach two copies of certified field notes if subdivision reference is not available or zoning includes partial lots) DEED REFERENCE CONVEYING PROPERTY TO PRESENT OWNER AND TAX PARCEL I.D.: 0206030814 11. VOLUME:___12813_______PAGE:_____01358_______ TAX PARCEL I.D. NO. _________ ____________________ OTHER PROVISIONS: 12. IS PROPERTY IN A ZONING COMBINING DISTRICT / OVERLAY ZONE? YES TYPE OF COMBINING DIST/OVERLAY ZONE (NCCD,NP, etc)____________________________________ CVC/Congress Avenue 13. LOCATED IN A LOCAL OR NATIONAL REGISTER HISTORIC DISTRICT? YES 14. IS A TIA REQUIRED? NO (NOT REQUIRED IF BASE ZONING IS NOT CHANGING) TRIPS PER DAY:_____________________________ TRAFFIC SERIAL ZONE(S):_________________ ________________ _________________ ________________ OWNERSHIP TYPE: 15. _x__SOLE ___COMMUNITY PROPERTY ___PARTNERSHIP ___CORPORATION ____TRUST If ownership is other than sole or community property, list individuals/partners/principals below or attach separate sheet. OWNER INFORMATION: 16. OWNER CONTACT INFORMATION SIGNATURE:_______________________________________ NAME: _______________________________________ FIRM NAME:___________________________________________ TELEPHONE NUMBER: ______________________ STREET ADDRESS: _______________________________________________________________________________ Texas CITY: ______________________________ STATE: _______________ ZIP CODE: ____________________________ Austin EMAIL ADDRESS: ___ ________________________________________________ Paramount & Stateside Theatres 719 Congress Avenue Johnathan Humphry 512-692-0515 78701 AGENT INFORMATION (IF APPLICABLE): City of Austin Historic Preservation Office 17. AGENT CONTACT INFORMATION SIGNATURE:______________________________________ NAME: ________________________________________ FIRM NAME:_____________________________________________TELEPHONE NUMBER: ___________________ STREET ADDRESS:_______________________________________________________________________________ CITY: ______________________________ STATE: _______________ ZIP CODE: ___________________________ CONTACT PERSON:_____________________________________ TELEPHONE NUMBER: __________________ EMAIL ADRESS: _________________________________________________________________________________ kalan.contreras@austintexas.gov 1000 E. 11th Street Kalan Contreras 512-974-2727 Austin 78702 same same TX Adopted December 2012 7 7 of 1621 C14H-2023-0105 - State Theatre; District 98 of 1621 C14H-2023-0105 - State Theatre; District 99 of 1621 C14H-2023-0105 - State Theatre; District 910 of 1621 C14H-2023-0105 - State Theatre; District 911 of 1621 C14H-2023-0105 - State Theatre; District 9 State Theater History In 1935, the first theater in Austin specifically designed to screen movies was built – the State Theater. It was a conversion of an existing building, the old Avenue Hotel, to the plans of architect W. Scott Dunne and the fourth of the Interstate Circuit's Austin Theatres (along with the Paramount Theatre, Queen Theatre, and Capitol Theatre). It opened on Christmas Day with "The Bride Comes Home," a comedy with Claudette Colbert and Fred MacMurray. At the time of opening, Louis Novy was the manager. When the theatre opened, there was a retail space separating the Paramount Theatre and the State Theater; sometime in the 1940s, the State lobby was expanded, taking over the retail space and making the State and Paramount direct neighbors. At the time of the State Theater opening, the president of the Interstate Circuit was Karl Hoblitzelle, and the general manager was R.J. O'Donnell. Interstate Circuit's parent company was Paramount Theatres. In 1953, Paramount Theatres merged with American Broadcasting Company, creating American Broadcasting-Paramount Theatres and the Interstate Circuit was a subsidiary. In 1965, they changed the name to American Broadcasting Companies, Inc. (ABC). By the 1970s, the theatre had fallen on hard times, which lasted through the 1980s. An old article suggests Paramount Theatre for the Performing Arts owners John Bernardoni and Charles Eckerman purchased the State Theatre in 1980 with plans to revitalize the space and continue operating it as a discount ticket movie house. Unfortunately, they fell on hard times with the general national economic decline of the 80s. It was then under the ownership of the City of Austin, and in 1986, the City leased it to Live Oak Productions, a local producing theatre company. In June 1994, the Austin City Council named Live Oak the recipient of $1.9 million in public bond money earmarked for the renovation of the State Theater. On February 1, 1995, Live Oak signed a lease on the State Theater and the adjoining Reynolds Penland Building, with an option to purchase both buildings. Private donations and earned income funded the beginning of renovations, including asbestos remediation. In the Spring of 1995, Live Oak moved into the State Theater and began to operate it as a performing arts facility. On November 12, 1996, Live Oak Theater exercised its option to purchase the State Theater building, concluding a two-and-a-half- year effort raising significant capital and expending thousands of staff and volunteer hours to acquire the building. Urban Property Analysts, Inc. appraised the building at $420,000, and the purchase price was $375,000. In September 1997, the Austin City Council passed a second resolution authorizing city managers to negotiate a lease/sub-lease agreement with Live Oak. In consideration of the $1.9 million in renovation funds, a lease/sub-lease agreement has been executed between Live Oak and the City of Austin to lease the facility to the City for twenty years. The City sub-leases the theater back to Live Oak to renovate and operate the facility. In July 1998, Live Oak paid off the mortgage on the State Theater, clearing the way to use the $1.9 million for renovation. Austin 12 of 1621 C14H-2023-0105 - State Theatre; District 9architect Sinclair Black and Live Oak's director Don Toner embarked on a $3.5 million re habilitation to be carrie d out in thre e phase s, which be gan in June of 1998, with Phase I comple te d in April 1999. De signe d by Austin archite ct Sinclair Black, the old movie house inte rior was turne d into a ple asant 320 -se at space offe ring patrons optimum visibility and comfort. While the full scope originally propose d was not comple te d, the re novations include d the re mode ling of the lobby, backstage work are as, dre ssing rooms, and the forme r balcony was transforme d into re he arsal space . The re novate d the atre ope ne d in 1999, with Live Oak changing its name to the State The atre Company in 20 0 0 . Also in 20 0 0 , The State The atre Company me rge d with its ne xt-door ne ighbor, the Paramount The atre for the Pe rforming Arts, to form the Austin The atre Alliance . The the ate r continue d as an important ve nue for live the atre productions until June 20 0 6, whe n a city wate r-main bre ak floode d the State , causing se ve ral hundre d thousand dollars in damage and forcing the the atre to abruptly close inde finite ly. Adding furthe r comple xity to the situation was the the atre 's re lationship to the Re ynolds-Pe nland building, the base me nt of which he ld all backstage facilitie s for the State . Whe n re me diation planning be gan, the y found that major upgrade s we re re quire d to bring backstage space s up to code . Afte r approximate ly $30 0 ,0 0 0 worth of re pairs we re comple te d, the Austin The atre Alliance was proud to ce le brate the grand re ope ning of the State The atre on March 1, 20 11, with a private pe rformance by Austin favorite Bob Schne ide r. The Austin The atre Alliance has be e n the owne r and ope rator since 20 0 0 . Through all of the se ye ars, the State 's Art De co facade has re maine d large ly original. Ove r the last fe w ye ars, with the de ve lopme nt of 721 Congre ss, the base me nt has be e n re habilitated to once again offe r prope r storage space , dre ssing rooms, and office s. No significant structural change s have be e n made to the the ate r’s auditorium or lobby since re ope ning, but critical pre se rvation of the facade and mainte nance have be e n ongoing. Functions : The State Theater has operated as a movie house and live performance space. Important Figures: W. Scott Dunne Born in St. Louis July 15, 1886 and died on October 19, 1937 Spouse: Kathryn Pittman Dunne Louis Novy Born March 12, 1891 and died August 5, 1958 Austin, TX Spouse: Minnie Lown Novy 13 of 1621 C14H-2023-0105 - State Theatre; District 9Karl Hoblitzelle Born in St. Louis, Missouri Octobe r 22, 1879 die d in Dallas March 8, 1967 Spouse : Esthe r Thomas R.J. O’Donnell Born in Chicago, Illinois Octobe r 6, 1891 and die d Nove mbe r 10 , 1959 in Dallas Spouse : Vinnie Lorraine Pe arson Live Oak Productions (State Theatre Company) 1982-20 0 6 Dire cte d by Don Tone r, followe d by Scott Kanoff Dire ctor, starting in 20 0 0 Don Toner Sinclair Black Born in Tyle r, Te xas 1940 to pre se nt Historic Landmark Justification In the e arly 20 th Ce ntury, Congre ss Ave nue was home to 12 the atre s, e arning the nickname “Show Row.” The Paramount and State The atre s are the only two still ope rating in the ir original function, and almost all of the othe rs have be e n de molishe d. With its roots as an e nte rtainme nt corridor, this se ction of Congre ss Ave nue is one of the olde st historic districts in Austin. Be yond that, the State The ate r is the only Scott Dunne -de signe d the ate r still ope n in Austin; Of his original 44 the ate rs, only 9 are still in ope ration. The State The ate r is we ll ove r 50 ye ars old, and the facade cle arly e mbodie s the characte ristics of the Art De co style . It is truly significant to the history of Austin’s re nowne d cultural arts ide ntity and a fundame ntal starting point of the film sce ne in Austin as the first the ate r in town e xplicitly built as a movie house . During the de cade s following a pe riod of urban de cay, the re vitalization e fforts of the city’s downtown corridor we re he avily re liant on the se pe rforming arts space s to bring back the once -thriving district. The historical significance of the the ate r was promote d be st in a le tte r to Live Oak Dire ctor Don Tone r from Sinclair Black’s archite cture firm in 1998, “The State The ate r is one of the re maining e xample s of the Ame rican Art De co Pe riod in the Congre ss Ave nue National Re giste r Historical District. That pe riod of Ame rican De sign is not we ll re pre se nte d in Austin as a whole with that abse nce be ing most pronounce d along Congre ss Ave nue . Sinclair Black & Andre w Ve rnooy, AIA is e xtre me ly ple ase d to assist Live Oak The atre in its e fforts to pre se rve the salie nt fe ature s of the State The ate r’s facade . Without our combine d e fforts, the Congre ss Ave nue Historical District will suffe r an irre vocable bre ach in the continuity of its colle ction of pe riod facade s. Should that bre ach occur, it would de live r quite a blow to Austin’s pre mie r historical district.“ The se words are only more significant 25 ye ars late r, with the original facade still intact. 14 of 1621 C14H-2023-0105 - State Theatre; District 9 The the ate r was founde d with community in mind, and this focus has staye d true throughout the the atre ’s history. Afte r taking ove r the the ate r, Live Oak Productions promote d local productions and late r worke d with the city to make the ve nue an acce ssible stage and re he arsal space for othe r local the atre groups to re nt at affordable rate s, e ncouraging and supporting the artist community, so inte gral to the ide ntity of Austin. Today, the space is use d for a varie ty of pe rformance s and film scre e nings. The Austin The atre Alliance continue s to offe r discounte d rate s to local artists booking the the ate r, and the se community-focuse d e fforts will only e xpand in the upcoming capital proje ct. 15 of 1621 C14H-2023-0105 - State Theatre; District 9Permitting and Development Center | 6310 Wilhelmina Delco Drive, Austin, TX 78752 | (512) 978-4000 Property Profile Report General Information Location: Parcel ID: Grid: 719 CONGRESS AVE 0206030814 MJ22 Planning & Zoning *Right click hyperlinks to open in a new window. Future Land Use (FLUM): No Future Land Use Map Regulating Plan: No Regulating Plan Zoning: Zoning Cases: Zoning Ordinances: Zoning Overlays: CBD None: 19990225-070b 781109-L Infill Options: Neighborhood Restricted Parking Areas: -- -- -- -- Mobile Food Vendors: Historic Landmark: Urban Roadways: Yes ADU Approximate Area Reduced Parking Capitol View Corridors: SOUTH CONGRESS AT EAST LIVE OAK Congress Avenue Downtown Austin Plan Districts: Core / Waterfront Downtown Density Bonus: FAR - 25 | No Max Height Green Building Mandatory: Central Business District/Downtown Mixed Use Residential Design Standards: LDC/25-2-Subchapter F Selected Sign Ordinances Selected Sound Ordinances Zoning Map 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. Imagery Map No No No No No No Environmental Fully Developed Floodplain: FEMA Floodplain: Austin Watershed Regulation Areas: URBAN Watershed Boundaries: Lady Bird Lake Creek Buffers: Edwards Aquifer Recharge Zone: Edwards Aquifer Recharge Verification Zone: Erosion Hazard Zone Review Buffer: Political Boundaries Jurisdiction: AUSTIN FULL PURPOSE Council District: 9 County: TRAVIS School District: Austin ISD Community Registry: Vicinity Map Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, City of Austin Downtown Commission, Downtown Austin Alliance, Downtown Austin Neighborhood Assn. (DANA), Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Preservation Austin, SELTexas, Sierra Club, Austin Regional Group The Information on this report has been produced by the City of Austin as a working document and is not warranted for any other use. No warranty is made by the City regarding its accuracy or completeness. Date created: 9/7/2023 16 of 1621 C14H-2023-0105 - State Theatre; District 9