05 C14-2026-0010.SH - Rowen Vale; District 9 - Opposition Letter — original pdf
Backup
From: Drew Zerdecki Sent: Tuesday, April 28, 2026 1:40 PM To: LandUseLiaison <LandUseLiaison@austintexas.gov>; Meredith, Maureen <Maureen.Meredith@austintexas.gov>; Tomko, Jonathan <Jonathan.Tomko@austintexas.gov> Subject: Speaker Presentation — NPA-2026-0022.01.SH and C14-2026-0010.SH (Rowen Vale, 206 E. Annie Street) Dear Land Use Liaison and Case Managers: Following up on my online speaker registration earlier today, attached is a document I plan to present. I am registered to speak in opposition on both Rowen Vale items: NPA-2026- 0022.01.SH (neighborhood plan amendment) and C14-2026-0010.SH (rezoning). In addition to serving as my displayed presentation during testimony, I am asking that this email and the attachment be included in the case backup as opposition correspondence under Planning Commission Rule of Procedure 2.200, which requires backup to include "letters in support or opposition for each case." I am copying the case managers for that reason. The attached single page documents an OpenCorporates search conducted today across all U.S. jurisdictions for the entity "Rowen Vale" — the firm named on the Submittal Verification and identified as the agent in both Review Sheets. The search returned zero results. Rowen Vale, LLC does not exist. This raises a threshold procedural question under the Land Development Code. Section 25-1-81 provides that "a record owner or the record owner's agent may file an application," and authorizes the responsible director to require evidence of the applicant's authority to file. Section 25-2-242 limits initiation of zoning or rezoning to specifically enumerated parties. For the neighborhood plan amendment, Section 25-1-810(B) places the burden of demonstration on "the applicant." A non-existent entity cannot satisfy any of these provisions as the named agent of record. I am asking that the attachment be queued for display during my testimony and that this letter be included in the backup distributed to the Commissioners. For the neighborhood plan amendment specifically, I would also respectfully note that Section 25-1-810(A) provides that "the director may not recommend approval of a neighborhood plan amendment unless the requirements of Subsections (B) and (C) are satisfied," including the applicant's burden of demonstration under (B). I bring the attached search result to staff's attention so it can be evaluated against that prohibition before the hearing. 05 C14-2026-0010.SH - Rowen Vale; District 91 of 3Thank you for your time. Respectfully, Drew Zerdecki 1211 W. Mary St. C Austin, TX 78704 (512) 415- 7727 Attachment: OpenCorporates search result for "Rowen Vale" conducted April 28, 2026 05 C14-2026-0010.SH - Rowen Vale; District 92 of 3 05 C14-2026-0010.SH - Rowen Vale; District 93 of 3