12 2024-128390 LM - 1114 W 5th Street; District 9 - Memo to Planning Commission — original pdf

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TO: Planning Commission M E M O R A N D U M FROM: Christopher Bueckert, Real Estate Services Agent Land Development Engineering, Transportation and Public Works Department DATE: June 10, 2025 SUBJECT: F# 2024-128390 LM (1114 West 5th Street) Street & Alley Right-of-Way Vacation Attached are the Application Packet and Master Comment Report regarding the right-of-way vacation application for an approximately 4,516 square foot portion of land, being the paved and developed right-of-way. The subject area is located abutting 1114 West 5th Street & 1134 Sayers Street, as shown on a map of survey prepared for G. Flury of Lot #1 & part of Lots #2 - 3 & 4 Block #10, Out Lot #11 Division Z, City of Austin, a Map of Survey recorded in Volume 3, Page 171 of the Plat Records of Travis County; being a portion of Sayers Street, a 40’ Right-of-way, the south 20’ being dedicated and shown as a 20’ Alley in Block 10, Sayers Subdivision, a subdivision recorded in Volume 1, Page 29 of the Plat Records of Travis County. The proposed vacation tract will be incorporated into the abutting parcels, which are owned by Anchor Equities Ltd, a Texas limited partnership if approved by City Council. According to the applicant’s transmittal letter dated September 21, 2024, received by the City of Austin, the applicant states, “How do you plan to develop the area to be vacated? Response: It is unknown at this time how the right of way vacation area would be developed.” All affected departments and private utility franchise stakeholders reviewed the application and recommended approval, subject to the reviewers’ conditions shown on the attached Master Comment Report. Per City Code §14-11-71 – Notice to Interested Property Owners: Public notices were sent to owners within 300’ of the area to be vacated. The Director of the Transportation and Public Works Department may approve the application after the 10th day that the notice is issued; and an affected property owner may submit comments regarding the proposed vacation. Public Notice was sent to appropriate parties on December 5, 2024. Three (3) objections were received after initial Public Notice. Upon applicant appeal and request for public hearing at City Council, twenty-seven (27) subsequent objections have been received by staff as of the date of this memorandum. This item was submitted for placement on the February 4, 2025, Urban Transportation Commission. Urban Transportation Commission voted unanimously on a 9-0 vote not to approve the Right of Way Vacation. Following this meeting, the Director of Transportation and Public Works determined that Sayers Street serves a current and future public purpose and rescinded the prior administrative approval. The Law Department determined that the Code states that the Director of Transportation and Public Works needs to consider recommendations from the Urban Transportation Commission (UTC) and the Planning Commission (PC) before deciding the application. After PC makes a recommendation, the Director of Transportation and Public Works will determine whether the application should be approved. 12 2024-128390 LM - 1114 W 5th Street; District 91 of 2Staff contact: Christopher Bueckert, Real Estate Services Agent Transportation and Public Works Department 512-974-1780, landmanagementROW@austintexas.gov Applicant: Mashell Smith, 512-914-4455, mashell.smith@gmail.com Abutting Landowner(s): Anchor Equities Ltd, a Texas limited partnership The applicant and/or property owner’s representative will be present at the meeting to answer any questions regarding future development and the vacation request. Attachments: Application Packet Master Comment Report 12 2024-128390 LM - 1114 W 5th Street; District 92 of 2