08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 5 - Staff Report — original pdf

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RESTRICTIVE COVENANT TERMINATION REVIEW SHEET CASE:C14-86-128(RCT) – 4009 Banister Lane RCT District: 5 ADDRESS: 4009 Banister Lane EXISTING ZONING: GR-MU-V-DB90 REQUEST: The applicant is requesting to terminate the restrictive covenant for this property SITE AREA: 2.82 Acres OWNER/APPLICANT: OP Park Place Property, LLC AGENT: Drenner Group, PC (Drew Raffaele) CASE MANAGER: Reese McMichael (512-974-7633, reese.mcmichael@austintexas.gov) STAFF RECOMMENDATION: Staff recommends the proposed termination of the public restrictive covenant. PLANNING COMMISSION ACTION / RECOMMENDATION: August 11, 2026: CITY COUNCIL ACTION: RESTRICTIVE COVENANT TERMINATION RECORDING NUMBER: ISSUES: None at this time CASE MANAGER COMMENTS: The proposed Restrictive Covenant Termination area consists of approximately 2.82 acres and is located in an office park that's north of Ben White Boulevard, along the east side of Banister Lane. The property is developed with a 4-story office building and surface parking lot. Please refer to Exhibit A (Zoning Map) and Exhibit B (Aerial View). 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 51 of 10The applicant is requesting to terminate the public restrictive covenant that was recorded in 1986. The Restrictive Covenant includes limitations on the permitted land uses that can take place on this property; limiting use of this property to ‘Research Services’ or any land use permitted in the Limited Office (LO) base district zone. The Restrictive Covenant goes on to stipulate that if research services is discontinued as the use of this property for 90 consecutive days or greater, then the City of Austin must rezone this property to Limited Office (LO) base district zoning. Please refer to Attachment A (Restrictive Covenant). Staff supports termination of the Restrictive Covenant because it would allow for a mixed use development that was proposed during the 2024 rezoning of the property from LO and GR to GR-MU-V-DB90 combining district zoning. If the applicant develops a mixed-use, multifamily residential building under the zoning established in 2024, the development would be subject to the applicable DB90 affordability requirements. This would require 12 percent of the residential units to be affordable to households earning at or below 80 percent of the Austin-Round Rock Metropolitan Statistical Area median household income for 40 years, or payment of a fee-in-lieu equivalent to the required percentage of total residential units. This requirement supports City Council policy direction promoting greater residential density and housing affordability within Austin. EXISTING ZONING AND LAND USES: ZONING LAND USES GR-MU-V-DB90 Site North LO South GR-MU-CO, LO East West CS-MU-CO PUD, MF-3-CO Offices Apartment/Condos Apartment/Condos, Offices Undeveloped Apartment/Condos, Single-family residences NEIGHBORHOOD PLANNING AREA: South Lamar WATERSHED: West Bouldin Creek - Urban CAPITOL VIEW CORRIDOR: N/A SCENIC ROADWAY: N/A SCHOOLS: Austin Independent School District Galindo Elementary School Lively Middle School Travis High School COMMUNITY REGISTRY LIST: Preservation Austin, South Central Coalition, South Lamar Neighborhood Association, Austin Neighborhoods Council, Homeless Neighborhood Association, Friends of Austin Neighborhoods, CASE HISTORIES: NUMBER REQUEST C14-2024- LO & GR to Approved GR-MU-V-DB90 Approved as PC recommended COMMISSION CITY COUNCIL 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 52 of 100042 GR-MU-V- DB90 C14-86-128 LO to GR RELATED CASES: Zoning (05/28/2024) (08/29/2024) Approved GR Zoning (06/24/1986) Approved as PC recommended (12/18/1986) ADDITIONAL STAFF COMMENTS: Austin Transportation Department – Engineering Review: The adjacent street characteristics table is provided below: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route Capital Metro (within ¼ mile) 72’ 72’ 42’ Yes Yes Yes Banister Lane Level 2 - Local Mobility Site Plan Review: All comments regarding the effects of the proposed rezoning on subsequent Site Plan Review applications are intended to assist in identifying potential development constraints but do not include all regulations which may affect a specific proposal. Changes to property boundaries and requests for development cannot include all regulatory limitations which may apply to a specific subject to modification or reconsideration if affected by a change in property boundaries or if development is proposed on only a portion of the land proposed for rezoning. These comments are intended to assist in identifying potential development constraints, but do not address the actual restrictions which will apply to a specific development proposal. Austin Development Services offers a variety of pre- application review options to assist in evaluating specific development proposals prior to Site Plan Application. Site plans will be required for any new development except for residential only projects with up to 4 units. Any new development is subject to Subchapter E Commercial Design Standards. Additional comments will be made when the site plan is submitted. PARD – Planning & Design Review: Residential units that are certified affordable and income-restricted are exempt from the parkland dedication requirements per City Code § 25-1-601(D)(4). Parkland dedication will 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 53 of 10be required for any new market-rate residential units that may be proposed by this development, at the time of subdivision or site plan, per City Code § 25-1-601. If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: ann.desanctis@austintexas.gov. At the applicant’s request, PARD can provide an early determination of parkland dedication requirements. Comprehensive Planning Review: The initiation, termination or amending of a Restrictive Covenant is not under the purview of the policies of the Imagine Austin Comprehensive Plan and therefore an Imagine Austin compliance report has not been provided for this case. Austin Water: No comment for restrictive covenant release. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: Exhibit A: Zoning Map – C14-86-128(RCT) Exhibit B: Aerial Map – C14-86-128(RCT) Applicant’s Summary Letter Attachment A – Restrictive Covenant – Book 10094, Page 875 (Doc. No. 1009400875) 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 54 of 10W BEN WHITE BLVD WB W BEN WHITE BLVD EB S 1sTTD BEN WHITE WB RAMP W BEN WHITE EB AT BANISTER TRN W BEN WHITE BLVD SVRD EB W BEN WHITE EB TO 1ST RAMP PERFES1ONAIJ\MEOICAL\OFFICES 81-084 P78-015 98-0085 SP-02-0202B LO-NP 73-220 81-84 78-034 C14-2023--0096 CH-PDA-NP 92-0014 C814-95--0001 81-006 SP-02-0348C C814-95-0001.02 C814-95-0001 PUO-NP PB1-006 HOSPITAL SP92-263C PARKING Restrictive Covenant Termination � SUBJECT TRACT D PENDING CASE � ZONING BOUNDARY l _ 1" 400' ZONING CASE#: Cl 4-86-128(RCT) Exhibit A: Zoning Map – C14-86-128(RCT) This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. This product has been produced by Austin Planning for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. IA Austin Created: 7/7/2026 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 55 of 10N A l" = 400' SUBJECT TRACT • .1 ZONING BOUNDARY 1 • W PENDING CASE CREEK BUFFER 4009 Banister Lane (RCT) ZONING CASE#: LOCATION: SUBJECT AREA: MANAGER: C 14-86-128(RCT) 4009 Banister Ln 2.82Acres Reese McMichael Exhibit B: Aerial Map – C14-86-128(RCT) This product has been produced by Austin Planning for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. IA. Austin Created: 7/8/2026 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 56 of 10Drew Raffaele draffaele@drennergoup.com 512-807-2913 Ms. Andrea Bates Austin Planning City of Austin 6310 Wilhelmina Delco Drive Austin, TX 78752 June 10, 2026 Via Electronic Delivery Re: 4009 Banister Lane (RCT) – Restrictive Covenant Termination application for the Restrictive Covenant recorded in Volume 10094, Page 875 of the Real Property Records of Travis County, Texas, related to that certain 2.82-acre tract of land located at 4009 Banister Lane, Austin, Texas 78704 (the "Property"). Dear Ms. Bates: As representatives of the owner of the Property, we respectfully submit the enclosed Restrictive Covenant Termination (RCT) application package seeking to terminate the restrictive covenant recorded in Volume 10094, Page 875 of the Real Property Records of Travis County, Texas (the “Restrictive Covenant”), as it applies to the Property. The Property is further described as Lot 2, One Park Place II, a subdivision in Travis County, Texas, according to the map or plat thereof recorded in Volume 82, Page 138 of the Plat Records of Travis County, Texas. The project is titled “4009 Banister Lane (RCT),” consists of 2.82 acres of land, located on the east side of Banister Lane, between the intersections with Banister Lane and Southridge Drive and Morgan Lane, within the full purpose jurisdiction of the City of Austin (the “City”). The purpose of this RCT request is to terminate the Restrictive Covenant recorded in 1986 and associated with the rezoning of the Property from Limited Office (LO) to Community Commercial (GR) via zoning case no. C14-86-128. The Restrictive Covenant limits the Property’s use to Research Services or any use allowed under an LO base district, and requires that the City rezone the Property back to LO if a Research Services use is discontinued. Removing these restrictions would allow for a multifamily residential use, consistent with the recently approved rezoning in 2024. In 2024, the Austin City Council approved rezoning the Property to its current designation of GR- MU-V-DB90 (Community Commercial – Mixed Use – Vertical Mixed Use Building – Density Bonus 90), from GR (Community Commercial) via Ordinance No. 20240829-185. The Property is currently developed with an office building constructed around 1985 and is part of a planned redevelopment, together with the adjacent 1.58-acre property, into a mixed-use project with ground-floor neighborhood-supportive commercial uses and multifamily residential above. This requested RCT is consistent with the current zoning on the Property. Applicant's Summary Letter 2705 Bee Cave Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 57 of 10June 10, 2026 Page 2 Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Sincerely, Drew Raffaele cc: Joi Harden, Austin Planning (via electronic delivery) Reese McMichael, Austin Planning (via electronic delivery) Applicant's Summary Letter 2705 Bee Cave Road, Suite 100 | Austin, Texas 78746 | 512-807-2900 | www.drennergroup.com 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 58 of 10. . . . ' . . "' . . . .. � . . � . . /'\ ' ///� ( � "�_,..-:_"_ \ � COJJNTY "ffii'I E OF TEXAS TRAVIS s § § Zoning Case No. C 14-86-128 4 18 3304 109666 100(1 5-tfO 5.00 RTEA I 02/06/87 I I l ,: //�EfEAS, BRIGHT BANC SAVINGS ASSOCIATION ("Owner"), a Texas d loan association, is the owne r of the property ffivibg d���� d ti metes and bou nds in Exhibit A attached hereto and i�Mrr�d ere in for all purposes ( the Property � 11 ); 11 W� -he eroperty is out of and a part of Lot?, One bdivision in the City of Aust5�, T ravis Park ·�1aco/ , 82 County;-T"eJ! as a �c_9or::j· ng to the map or plat therP.of of record in 2")• lat Records of Travis �aunty, Texas ( "Lot Volume , Pa ;:.{'313, - J:" (/ ) V WHEREAS': �Av of Austin and Own er have agreed that the Property �h9"fi1«b� impressed with ce r t a in c o v e n a n t s a nd With the land and desire to set forth such restrictionx( agreement in ,. l_!.g....__ ✓ for and in consideration of One and , oJner 00) 4n4<-.t er good and valuable considerations No/100 Dollars ..- fchi d paid by the City of Austin, the in h,ind t o the un ers receipt of which �b�/acknowledged, does hereby agree with respe ct to the Pro�_,2rty, h agreem�nt to be deemed a covenant running with the la�d,/and� ch shall be binding on Owner, its ...-a"&Vl ows, to-wit: successors and assighs / def � � l. Use of the �rGer!; rfn�.t:'° ,�;J;£pg; \ c�i NOW, THERE/a 11 1720 13-2A \1'981, of Chapter in� ,Yn �ction � ,..-S�l be limited to "Research Services" as of Od\)', 1981 as amended, or any use the Austin Ci't /Limite9� Office base distr ict as allowed in the defined in Sect on,( 2425-2,4'2� of Chapter 13-2A of the as�men(\ed. Austin City Code, 11 is the Propeft�{j t• esearch Services If use of discontinued for 90 q(>ns?b�>fve days, the Owner of the Property w ill not ob�eC\_t _.t:o t e City of Austin rezoning the Property to LO "Li1'ti tea ,9':f �ice. seasonal c essation o f a us e, 6_LMJR1?orHry il.:!.sco ntinuance for purposes of maintenance oi;/r� ��i ding of the Property aft er damage or 1estruc1Jo,r---sha 1 not be included in calculating the period of m iscrufti uance. Nor�al I II '\ If any pe rson, persons, C�ra� or entity of any mft to violate the other character shall violate foregoing agreement and coven nt, i �hall be-lawful for the City of Austin, a muni i 1 )io..r"i;_>orati on, i t s successors and assigns, to pro cu e,A)r?�edings at law, or in equity, against said person7lr/en�t violating or attempting to violate such agree t;,,��--C venant and to prevent said person or ent i t flt:_gro ,. lating o r \ / attempting to violate such agreemen ; � r <;Ov n nt. �� � ovenant If any part or provision of this agrpirne,Rt; '";; by, 'udgment herein contained shall be declared in,$l)dy ,a ec any of or court order, the same shall in no'w-ise the other provisions of this a gree�nV, an s uch in full remaining portion of this agreement sha:i'.i/r � force and effect. . � ai 1 The failure at any time to enforce this ag e<)fu Oy the City of Austin, its successors and assigns, fh :HJr/any violations hereof are known or not, shall no, � a waiver or estoppel of the right to do so. tX;;xf � /� 2. 3. 4. 5. REAL PROPERTY RECORDS Travis County, Texas V Attachment A – Restrictive Covenant – Book 10094, Page 875 (Doc. No. 1009400875) 10094 0875 '; </J ),,,,,� / / / > \/ / 5 ( ('v 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 59 of 10� : ' . . �--- -� -----y·�---�-- . . .. � ' . . . . - - --� ·------, --- - � . - - - - - . . . . . . � . / / / /\ . ( (_;// /' \ "� / ,/ / /) ) '/ \ ( \/ /' � This agreement may be modified, amended or terminated only by joint action of b oth (a) a majority of the members of the City Council of the City of Austin, or such other g overning b ody as may succeed the City Council of the City of Austin, and (b) by the owners of .., /' / the Property at the time of such modification, amendment r ermination. .srf- ;Ig day of /Je.ce1-1he,f rfuxJ(cu:rE , this the / 1.\__/V,)//� - � - , 1986. BRIGHT BANC SAVINGS ASSOCIATION, and loan v (/1 0)A, <,, ,./�";v> ✓ / ,/ Vic j ' THE STATE OF COUNTY OJ' •r.1mvis( ��J\ � : \ /\ /\V This instru � ,,.&s�cknowledged before me on the u.L day of Goodwin, IV, Senior Vice President, Brigh t Banc Saviu�s/�S oc a tion, a Texas savings and loan association, on behali December , d association. 1986 by_,...,-t1e � __ _ i .- ( '-z��/ 663 10094 08?6 Attachment A – Restrictive Covenant – Book 10094, Page 875 (Doc. No. 1009400875) 08 C14-86-128(RCT) - 4009 Banister Lane (RCT); District 510 of 10;