Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Montopolis CASE#: NPA-2023-0005.01 PROJECT NAME: Montopolis-Fairway Mixed Use PC DATE: July 9, 2024 DATE FILED: November 13, 2023 June 11, 2024 May 28, 2024 April 23, 2024 March 26, 2024 February 27, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 1614 Montopolis Drive; 6205, 6211, 6215 Fairway Street DISTRICT AREA: SITE AREA: 1.91 acres OWNER/APPLICANT: 3rd Angle Developments LLC, 1614 Montopolis LLC and Ben 6202, 6204 Caddie Street; 1600, 1604, 1606, 1608, 1610, 1612, and 3 S. Cobos AGENT: Thrower Design, LLC (Ron Thrower and Victoria Haase) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family and Civic To: Mixed Use Base District Zoning Change PHONE: (512) 974-2695) Related Zoning Case: C14-2024-0015 From: SF-3-NP and GR-NP To: CS-DB90-NP NEIGHBORHOOD PLAN ADOPTION DATE: September 27, 2001 Planning Commission: July 9, 2024 ACTION: CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) June 11, 2024- Postponed to July 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez absent]. May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [P. Howard and A. Phillips absent]. April 23, 2024- Case was renotified for May 28, 2024 due to an error on the postponement date. March 26, 2024- Postponed to April 23, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [G. Anderson off the dais. P. Howard and A. Phillips absent]. February 27, 2024 - Postponed to March 26, 2024 on the consent agenda at the request of the Applicant. [A. Azhar – 1st; A. Woods – 2nd] Vote: 11-0 [J. Mushtaler off the dais. F. Maxwell absent]. January 23, 2024 – Postponed to February 27, 2024 on the consent agenda at the request of the Applicant. [G. Anderson- 1st; F. Maxwell – 2nd] Vote: 11-0 [J.P. Connolly and A. Woods absent]. December 12, 2023 – Postponed to January 23, 2024 on the consent agenda at the request of the Applicant. [F. Maxwell – 1st: A. Azhar – 2nd] Vote: 11-0 [N. Barrera-Ramirez and P. Howard …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-DB90-NP CASE: C14-2024-0015 ZONING FROM: SF-3-NP & GR-NP ADDRESS: 6202, 6204 Caddie Street; 6205, 6211, 6215 Fairway Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive SITE AREA: 1.92 acres (83,905 sq. ft.) PROPERTY OWNER: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Cobos) AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. C14-2024-0015 Page 2 CASE MANAGER COMMENTS: The property in question is 1.92 acres, undeveloped, has frontage on Montopolis Drive (level 3), Caddies Street (level 1) and Fairway Street (level 1). The site has two zonings associated with it, community commercial-neighborhood plan (GR-NP) and family residences- neighborhood plan (SF_3-NP). The property has townhomes, Austin Youth Development Building and a Dollar Tree (MF-2-NP, P-NP, GR-NP) to the north. There are also business commercial buildings and single family residential (SF-3-NP, GR-NP). To the east are multifamily residential and undeveloped land (ERC). There closest bus stop is on the corner of Caddie Street and Montopolis Drive, right on the property. The site is mostly in the Riverside Station Imagine Austin Corridor, making this an ideal location to add housing. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting general commercial-density bonus 90-neighborhood plan (CS-DB90-NP) combining district for a proposed development that would include multi- family units requiring an affordable component. A building constructed under density bonus 90 (DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of approximately …
ZONING CHANGE REVIEW SHEET DISTRICT: 9 TO: LI-PDA-NP CASE: 1200 West 5th Street (C14-2024-0007) ADDRESS: 1207, 1209, 1211, 1211 ½ West 5th Street ZONING FROM: LI-CO-NP SITE AREA: approximately 0.46 acres (approximately 20,037 square feet) PROPERTY OWNER: 1209 West Fifth Street LLC AGENT: Drenner Group, PC (Leah M. Bojo, AICP) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting limited industrial services-planned development area- the basis of neighborhood plan (LI-PDA-NP) combining district zoning. See recommendation section below for more information. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: Case is scheduled to be heard by Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: N/A CASE MANAGER COMMENTS: The property in question is currently a medium office of 3 stories and 11,000 square feet constructed in 1985. To the north are two small stores, constructed in the late 1950s/early 1960s, of approximately 4,000 square feet each. One small office, constructed in 1973, of approximately 5,800 square feet. To the south, is a small office/retail space constructed in approximately 1917 of approximately 1,000 square feet. A warehouse, constructed in 1910, of approximately 4,500 square feet. To the east, is a paved area of approximately 7,800 square feet. To the west, is a retail strip center of approximately 6,000 square feet constructed in 1950, renovated in 1990. Existing Zoning Old West Austin Neighborhood Plan C14-2024-0007 2 The Old West Austin Neighborhood Plan identifies the area where the property is located as neighborhood-friendly commercial areas where office, retail and residences can be mixed vertically and horizontally. Proposed Zoning Section 1. Applicable Site Development Regulations Except as specifically provided below, the property may be developed and used in accordance with the regulations established for the Limited Industrial Service (LI) zoning district and other requirements of the City Code. Development of the property is subject to the regulations set forth in Ordinance No. 020926- 26 and as amended in this part: Section 2. Authorized Uses Permitted Residential Uses: - Bed & Breakfast (Group 1) - Bed & Breakfast (Group 2) - Condominium Residential - Group Residential - Multifamily Residential - Townhouse Residential feet) - Medical Offices (>5,000 square - Monument Retail - Off-Site Accessory Parking - Outdoor Entertainment * Standards in LDC Section 25-2-491, Zoning Land Use Summary Table, for Austin City Code apply. Permitted and Conditional Commercial Uses: - Administrative Business Offices - Agricultural Sales and Services - Art Gallery …
ZONING CHANGE REVIEW SHEET (215, 622 sq. ft.) ZONING TO: MF-6-NP DISTRICT: 3 CASE: C14-2023-0139 ZONING FROM: MF-6-CO-NP ADDRESS: 2302 Durwood St and 2324 Wilson St SITE AREA: 4.95 acres PROPERTY OWNER: 2018 Austin OCV, LLC (Rene Campos) AGENT: Armbrust & Brown, PLLC (Michael Gaudini) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 11, 2024: APPROVED THE NEIGHBORHOOD’S REQUEST FOR A POSTPONEMENT TO JULY 9, 2024. [A. AZHAR; F. MAXWELL-2ND] (10-0) N. BARRERA-RAMIREZ & G.COX – ABSENT; J. MUSHTALER - OFF THE DIAS [F. MAXWELL; A. WOODS-2ND] (10-0) P. HOWARD AND A. PHILLIPS – ABSENT, [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS May 28, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO JUNE 11, 2024. G.COX – ARRIVED LATE April 9, 2024: APPROVED THE APPLICANTS REQUEST FOR A POSTPONEMENT TO MAY 28, 2024. February 13, 2024: APPROVED THE NEIGHBORHOODS REQUEST FOR A POSTPONEMENT TO APRIL 9, 2024. CITY COUNCIL ACTION: ORDINANCE NUMBER: [A. AZHAR; F. MAXWELL-2ND] (12-0) ONE VACANCY ON THE DIAS C14-2023-0139 2 ISSUES: There are no issues at this time. CASE MANAGER COMMENTS: The property in question is 4.95 acres, developed with multiple multifamily residential buildings, has access to Durwood street (level 1), and is currently zoned multifamily residence (highest density)-conditional overlay-neighborhood plan (MF-6-CO-NP). The property has guidance services and single family residences (MF-3-NP and SF-3-NP) to the north, commercial offices, restaurants, and single family residences (GR-CO-NP, LO-CO- NP, and SF-3-NP) to the south, multifamily residences and single family residences (MF-3- NP and SF-3-NP) to the east, offices, retail and commercial mixed use (CS-MU-V-CO-NP and CS-V-CO-NP) to the west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the grant multifamily residence (highest density) - neighborhood plan (MF-6-NP) combined district zoning for the second phase of Oak Creek Village. The applicant is looking to remove the conditional overlay (CO) that is on the first phase which restricts the height to 60 feet and limits the unit count to 486 units. The applicant is requesting 90 feet in height, no limit in density, and 80% for impervious cover. The first phase was for new income-restricted affordable housing, which was fulfilled. The second phase of the development is for market rate family housing. Please refer …
ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0131 - (E5ATX Rezone) ADDRESS: 2613 and 2619 East 5th Street ZONING FROM: LR-CO-MU-NP and GR-CO-MU-NP TO: CS-MU-CO-DB90-NP (as amended) SITE AREA: approximately 0.31 acres (approximately 13,591.5 square feet) PROPERTY OWNER: E5ATX LLC AGENT: Thrower Design, LLC (Victoria Haase) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting general commercial services-mixed use-conditional overlay-density bonus 90-neighborhood plan (CS-MU-CO-DB90-NP) combining district zoning. See the basis or recommendation section below for more information. Staff’s recommendation would maintain the Conditional Overlay present that prohibits the following uses: • • • pawn shops • • • kennels • • commercial off-street parking auto washing adult businesses convenience storage campground exterminators PLANNING COMMISSION ACTION / RECOMMENDATION: January 23, 2024: Staff postponement request granted, noticing issue February 13, 2024: Approved applicant’s request and staff’s recommendation of CS-MU-CO-NP on the consent agenda. June 11, 2024: Motion by Commissioner Johnson, seconded by Commissioner Woods to postpone case to July 9, 2024. July 9, 2024: Case is scheduled to be heard by Planning Commission with revised request of CS-MU- CO-DB90-NP. CITY COUNCIL ACTION: July 18, 2024: Case is scheduled to be heard by City Council on first reading only. ORDINANCE NUMBER: N/A ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to C14-2023-0131 2 create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant amended their original application to request the -DB90 combining district. Planning Commission Previous Action January 23, 2024: Staff postponement request granted, noticing issue February 13, 2024: Approved applicant’s request and staff’s recommendation of CS-MU-CO-NP on the consent agenda. City Council Previous Action None CASE MANAGER COMMENTS: The property in question is currently an approximately 1,800 square foot duplex and approximately 600 square foot office, both built in approximately 1970. An approximately 1,500 square foot single family home was built in approximately 1945. To the north is undeveloped land recently rezoned CS-MU-V- CO-NP by case C14-2020-0145 (see area case histories section for more information). To the south are three single family homes, two older and smaller and one newer …
ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 8, 2024 MICHAEL J. WHELLAN (512) 435-2300 MWHELLAN@ABAUSTIN.COM Via email Joi Harden, Chief Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Dear Ms. Harden, Re: Rezoning applications for 3117-3121 E. 12th Street, also known as TCAD Parcels 0209150223, 0209150224, and 0209150207 (the “Property”) Based on City feedback related to the application of the Density Bonus 90 (“DB90”) combining district, the applicant is amending the above-referenced rezoning application to remove the height limitation within the conditional overlay. It is our understanding that the conditional overlays affecting permitted uses and impervious cover may remain. I appreciate your consideration and look forward to answering any questions. Respectfully, Michael J. Whellan {Cover Letter.2}
ZONING CHANGE REVIEW SHEET TO: CS-MU-V-CO-DB90-NP DISTRICT: 1 CASE: C14-2024-0070 – 3117 & 3121 E. 12th Street ADDRESS: 3117 & 3121 East 12th Street ZONING FROM: CS-MU-V-CO-NP SITE AREA: 1.0 acre PROPERTY OWNER: 3121 E. 12th Horizontal Investors, LP (Michael Bernstein) AGENT: Armbrust & Brown (Michael J. Whellan) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – conditional overlay - density bonus 90 - neighborhood plan (CS-MU-V-CO-DB90-NP) combining district zoning. The Conditional Overlay would: 1) Prohibit these uses in the CS base district: Adult oriented businesses, Agricultural sales and services, Automotive washing (of any type), Campground, Commercial blood plasma center, Commercial off-street parking, Construction sales and services, Convenience storage, Custom manufacturing, Drop-off recycling collection facility, Equipment repair services, Equipment sales, Laundry services, Limited warehousing and distribution, Maintenance and service facilities, Pawn shop services, Service station, Vehicle storage; 2) Make conditional these uses: Automotive sales, Exterminating services, Guidance services, Hotel-motel, Kennels, Monument retail sales, Outdoor sports and recreation, Residential treatment; 3) Limit Development of the Property to not exceed an impervious coverage of 90 percent. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 25, 2024: APPROVED NEIGHBORHOOD POSTPONEMENT REQUEST TO JULY 9, 2024, BY CONSENT. [R. JOHNSTON; F. MAXWELL – 2ND] (7-0) J. MUSHTALER, A. AZHAR, C. HEMPEL, A. HAYNES. G. COX, A. PHILLIPS – ABSENT C14-2024-0070 Page 2 CITY COUNCIL ACTION: July 18, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. The conditions establishing conditional uses, prohibited uses and limit to impervious cover in the Conditional Overlay for case number C14-2022-0150 are continued to be recommended in this new rezoning, as the applicant requested. The previous condition limiting maximum height to 80 feet is recommended to be removed from the Conditional Overlay. If this condition remains to limit height on the property, it will not apply if the …
ZONING CHANGE REVIEW SHEET CASE: C14-2024-0058 – 4302 S. Congress Avenue ADDRESS: 4302 South Congress Avenue FROM: CS-MU-V-NP SITE AREA: 1.151 acres DISTRICT: 3 TO: CS-MU-V-DB90-NP PROPERTY OWNER: AV GF 4302 SOCO LLC (Shravan Parsi) AGENT: Drenner Group (Leah Bojo) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant general commercial services – mixed use - vertical mixed use building – density bonus 90 - neighborhood plan (CS-MU-V-DB90-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. CASE MANAGER COMMENTS: The subject undeveloped lot is located on South Congress Avenue, is undeveloped and has had general commercial services – mixed use – vertical mixed use building - neighborhood plan (CS-MU-V-NP) zoning since 2020, and prior to that commercial services – mixed use –neighborhood plan since Council 2 approved the West Congress Neighborhood Plan rezonings in August 2005. There are retail and various commercial services, auto-related uses and apartments along both sides of Congress Avenue in the vicinity (CS-MU-NP; CS-MU-V-NP; CS-MU-CO-NP/MF-6-CO-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is requesting general commercial services –mixed use – vertical mixed use building - density bonus 90-neighborhood plan (CS-MU-V-DB90-NP) combining district for a proposed development that would include multi-family units requiring an affordable component. A building constructed under density bonus 90 (–DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of 125 residential units and a mix of uses. A development utilizing the “density bonus 90” incentives is permitted with a base CS district, and must include an affordability component for residential use in order to obtain incentives, including height maximum of 90 feet in the CS district (60 feet base …
ZONING CHANGE REVIEW SHEET DISTRICT: 9 (6,402 sq. ft.) ZONING TO: LO-MU-NP CASE: C14-2024-0060 ZONING FROM: SF-3-NP ADDRESS: 5212 Duval Street SITE AREA: 0.1470 acres PROPERTY OWNER: Dawn Polunsky AGENT: Brooke Pfeiffer CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant limited office – mixed use – neighborhood plan (LO-MU-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is approximately 0.15 acres, developed with one single family residence, is near the corner of Duval Street (level 2) and E. 53rd Street (level 2), and is currently zoned family residence-neighborhood plan (SF-3-NP) combined district zoning. The property has single family residences (SF-3-NP) to the north, south, east and west. There are also commercial and business offices located to the north, east and west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the limited office – mixed use – neighborhood plan (LO-MU-NP) combined district zoning for the medical offices use. This rezoning meets the accessory provisions with the primary use being medical office. While the use of a restaurant is not C14-2023-0060 2 permitted in the LO district, the certificate of occupancy will be for the medical office. Migration by Bluebird supports vocational training for adults with autism spectrum disorder and will help transition their clients to jobs with local businesses. The site is located within the North Loop Neighborhood plan and has letters of support from surrounding neighbors and neighborhood contact team. The property meets ten (10) of the Imagine Austin Decision Guidelines. East 53rd Street is an Imagine Austin Corridor and has an existing bus route/stop adjacent to it. The Imagine Highland Mall Station Center is less than 600 feet going east on E. 53rd Street. Migration by Bluebird supports vocational training for adults with autism spectrum disorder and will help transition their clients to jobs with local businesses. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The limited office district is intended for offices predominately serving neighborhood or community needs, which may be located within or adjacent to residential neighborhoods. The mixed use combining district is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. The …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0064 ADDRESS: 602 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.29 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.29 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,903 square feet in total. C14-2024-0064 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 12,632 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: SF-3-NP CASE: C14-2024-0065 ADDRESS: 606 GAYLOR ST ZONING FROM: SF-6-NP SITE AREA: 0.25 acres PROPERTY OWNER: Certiestates LLC AGENT: Austin Civil Engineering, inc. (Calvin Weiman) CASE MANAGER: Tiffany Magnavice (512-978-0722, tiffany.magnavice@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence – neighborhood plan (SF-3-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: ORDINANCE NUMBER: ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject rezoning area is undeveloped and approximately 0.25 acres. It is situated at the northwest corner of Gaylor Street (Level 1/Local) and Guadalupe Street (Level 2/Local). To the north are two core transit corridors; North Lamar Boulevard and Airport Boulevard. Development on Gaylor Street and Guadalupe Street is generally characterized by low density multifamily residences, single family, townhouse and condominium residences, mixed use neighborhood offices (MF-2-NP; SF-3-NP; SF-6-NP; NO-MU-NP). There is also transit oriented development along the Capital Metro Rail Redline with uses such as auto services, retail, and commercial services (TOD-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The applicant is proposing to rezone the property to the family residence – neighborhood plan (SF-3-NP) combined district zoning for a residential development that will include three (3) dwelling units equaling approximately 3,490 square feet in total. C14-2024-0065 Page 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district zoning. This property meets the intent of the district and would increase overall housing in this area of the City, as well as support the addition of missing-middle housing units. The required lot size is 14,000 square feet per 25-2-776 B to build three residences. Since this lot is 11,057 square feet, additional property would be needed to meet this requirement. Subsection D 2 also prohibits condos on local streets and Gaylor is designated as a Level 1 street. The new H.O.M.E amendments allow three unit residential on SF1, SF-2 and SF-3 zonings. Three-unit residential use is not a permitted use in the existing zoning, townhome and condominium residence-neighborhood plan (SF-6-NP). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Zoning changes should promote an orderly relationship among land uses. The family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation …
ZONING CHANGE REVIEW SHEET DISTRICT: 2 TO: GR-MU-V-DB90-NP CASE: C14-2024-0085 – Turtle Creek Multifamily ADDRESS: 714 Turtle Creek Boulevard ZONING FROM: GR-MU-V-NP SITE AREA: 5.26 acres PROPERTY OWNER/APPLICANT: 714 Turtle Creek LP (Case Lowry) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial– mixed use - vertical mixed use building - density bonus 90 - neighborhood plan (GR-MU-V-DB90-NP) combining district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: August 29, 2024: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. Case number C14-2024-0085 Page 2 Planning Commission Previous Action: October 10, 2023: Approved GR-MU-V-NP combining district zoning as staff recommended, by consent. [A. AZHAR; F. MAXWELL – 2ND] (11-0) J. MUSHTALER, C. ACOSTA – ABSENT September 26, 2023: Approved a Postponement Request by staff to October 10, 2023 [A. AZHAR; F. MAXWELL – 2ND] (10-0) C. HEMPEL, P. HOWARD, J. MUSHTALER – ABSENT City Council Previous Action November 9, 2023: Approved GR-MU-V-NP combining district zoning as Planning Commission recommended, by consent. VOTE: 10-0. Council Member Harper-Madison was absent. Prior Rezoning Case C14-2023-0042 Ordinance No. 20231109-042, approved November 9, 2023 CASE MANAGER COMMENTS: The property in question is 5.36 acres and is currently developed with multifamily units on one tract of land. The property is at northwest corner of South 1st Street and Turtle Creek Boulevard, and exhibits frontage primarily along South 1st Street, located within the South Austin Combined Neighborhood Plan area (Garrison Park). There is a Capital Metro bus stop less than 1/4 of a mile from the property on South 1st Street. Demolition is proposed at the earliest in 2025, however, the applicant notes the details of number of units is unknown at this time. To the north there are Single family residential and Religious facility uses (SF-6- CO), and to the west are Single family residences (SF-3-NP). To the east across South 1st Street …
Planning Commission: July 9, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: Holly CASE#: NPA-2023-0010.02 PROJECT NAME: East 2nd Street – 2300 Block PC DATE: DATE FILED: July 31, 2023 July 9, 2024 June 11, 2024 May 28, 2024 April 9, 2024 March 12, 2024 January 23, 2024 December 12, 2023 ADDRESS/ES: 109, 111, 113 Mildred Street and 2305, 2307 E. 2nd Street (Unit A), 2307 E. 2nd Street (Unit B), 2311 E. 2nd Street DISTRICT AREA: 3 SITE AREA: 0.7716 OWNER/APPLICANT: Patrica Ann Pope; LaFayette 2109, LLC; and Isdale Investments, LLC; and Emily Kolb Isdale AGENT: Armbrust & Brown, PLLC (Michael J. Whellan) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family Base District Zoning Change To: Mixed Use PHONE: (512) 974-2695 Related Zoning Case: C14-2023-0010.02 From: SF-3-NP, CS-CO-MU-NP, LO-NP, LO-CO-MU-NP To: CS-V-MU-DB90-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 13, 2001 Planning Commission: July 9, 2024 ACTION: CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: July 9, 2024 – (action pending) June 11, 2024 – Postponed to July 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [J. Mushtaler off the dais. G. Cox and N. Barrera- Ramirez absent]. May 28, 2024 – Postponed to June 11, 2024 on the consent agenda at the request of Staff. [F. Maxwell – 1st; A. Woods – 2nd] Vote: 10-0 [G. Cox off the dais. P. Howard and A. Phillips absent]. April 9, 2024 – Postponed to May 28, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12-0 [A. Phillips off the dais]. March 12, 2024- Postponed to April 9, 2024 on the consent agenda at the request of Staff. [A. Woods – 1st; F. Maxwell – 2nd] Vote: 11-0 [C. Hempel and J. Mushtaler absent]. January 23, 2024 – Postponed to March 12, 2024 on the consent agenda at the request of the Applicant. [G. Anderson – 1st; F. Maxwell – 2nd] Vote: 11-0 [J. P. Connolly and A. Woods absent]. December 12, 2023 – Postponed to January 23, 2024 on the consent agenda at the request of the Applicant. [F. Maxwell – 1st; A. Azhar – 2nd] Vote: 11-0 [N. Barrera-Ramirez and P Howard absent]. STAFF RECOMMENDATION: To support the applicant’s request for Mixed Use land use. BASIS FOR …
GOVALLE/JOHNSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” To: Austin City Council and Planning Commission From: Govalle/Johnston Terrace Neighborhood Plan Contact Team Re: Austin Independent School District 4900 Gonzales St., Austin, TX 78702 Proposed zoning change from Civic to Mixed Use land use; P-NP to CS-MU-V-CO-DB90-NP Dear Council and Planning Commissioners, Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of: Opposition for the proposed zoning change of the Anita Coy Campus site located at 4900 Gonzales St., Austin, Tx 78702, from Civic to Mixed Use land use; P-NP to CS-MU-V-CO-DB90-NP. Please feel free to contact me with any questions or comments you might have regarding this case. Thank you, Candace Fox, Chair Govalle/Johnston Terrace Neighborhood Plan Contact Team c13fox@gmail.com 512-203-5208
GOVALLE/JOHNSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM “Strength Through Unity” To: Austin City Council and Planning Commission From: Govalle/Johnston Terrace Neighborhood Plan Contact Team Re: Drenner Group 5200 East 5th Street, Austin, TX 78702 Proposed zoning change from Commercial to Mixed Use land use; CS-CO-NP to CS-MU-V-CO-DB90-NP Dear Council and Planning Commissioners, Please accept this letter on behalf of the Govalle/Johnston Terrace Neighborhood Plan Contact Team as an expression of: Opposition for the proposed zoning change of 5200 East 5th Street, Austin, TX 78702, from Commercial to Mixed Use land use; CS-CO-NP to CS-MU-V-CO-DB90-NP. Please feel free to contact me with any questions or comments you might have regarding this case. Thank you, Candace Fox, Chair Govalle/Johnston Terrace Neighborhood Plan Contact Team c13fox@ 512-203-5208
ZONING CHANGE REVIEW SHEET DISTRICT: 3 TO: CS-DB90-NP CASE: C14-2024-0015 ZONING FROM: SF-3-NP & GR-NP ADDRESS: 6202, 6204 Caddie Street; 6205, 6211, 6215 Fairway Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive SITE AREA: 1.92 acres (83,905 sq. ft.) PROPERTY OWNER: 3rd Angle Developments LLC & 1614 Montopolis LLC (Ben S. Cobos) AGENT: Thrower Design, LLC (Ron Thrower & Victoria Haase) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: In December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056 and Ordinance No. 20221201-055 were invalidated. On March 11, 2024, Ordinance No. 20240229-073, was enacted to create the “DB90” combining district, which amended City Code Title 25 (Land Development) to create a new zoning district for a density bonus program that grants 30 feet in height above the base zoning district, to a maximum of 90 feet, and modifies site development regulations including compatibility standards. Subsequently, the applicant submitted this new rezoning application to request the -DB90 combining district. C14-2024-0015 Page 2 CASE MANAGER COMMENTS: The property in question is 1.92 acres, undeveloped, has frontage on Montopolis Drive (level 3), Caddies Street (level 1) and Fairway Street (level 1). The site has two zonings associated with it, community commercial-neighborhood plan (GR-NP) and family residences- neighborhood plan (SF_3-NP). The property has townhomes, Austin Youth Development Building and a Dollar Tree (MF-2-NP, P-NP, GR-NP) to the north. There are also business commercial buildings and single family residential (SF-3-NP, GR-NP). To the east are multifamily residential and undeveloped land (ERC). There closest bus stop is on the corner of Caddie Street and Montopolis Drive, right on the property. The site is mostly in the Riverside Station Imagine Austin Corridor, making this an ideal location to add housing. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant is requesting general commercial-density bonus 90-neighborhood plan (CS-DB90-NP) combining district for a proposed development that would include multi- family units requiring an affordable component. A building constructed under density bonus 90 (DB90) standards allows for a mix of residential uses and commercial uses, and the result is typically retail, restaurants and offices on the ground floor, and residential units on upper levels. The overall project would consist of approximately …
Steering Committee Members: Christopher Hurst AIA, Chair Paula Hern, Meghan Yancy, Claudette Kazzoun, Rob Kish, Steve Amos, Germaine Curry, Margaret Sullivan, William Osborn, David Schofman, Shawn Shillington, Erika Tatum OWANA OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION P.O. Box 2724 Austin, TX 78768-2724 July 9, 2024 RE: C14-2024-0007- 1209 W 5th Street - Agenda Item 12 Dear Chair Hempel and Planning Commissioners, The Old West Austin Neighborhood Association, OWANA opposes the 1209 W 5th Street rezoning application from LI-CO-NP to LI-PDA-NP. At this point, representatives for the Owner of 1209 W 5th Street have been unable to reach a full agreement with OWANA regarding the site and building standards as well as other conditions of the Planned Development Area (PDA) agreement. The proposed LI-PDA for 1209 W 5th Street is asking for an enormous entitlement and agreeing to very little in the way of community benefits and project design. When the proposed rezoning was first presented to the OWANA Zoning Committee in February, there was no plan or proposal for conditions of the PDA. The reason given was there is no architect or developer on board for this rezoning. Our response was we are unable to agree to a PDA without a plan. No plan…no agreement. At the following presentation in March, a concept sketch was presented to the Zoning Committee (see attached presentation). After reviewing the concept plan and elevations, the committee was concerned that the plan was squeezing too much on the .45 acre lot. OWANA has three other agreements with nearby developments based on PDA zoning that are all greater than twice the lot size of the 1209 W 5th Street proposal. Only one of these PDA’s will allow height up to 120 feet. The 410 Pressler 120 foot PDA offers many community benefits (see attached) that the 1209 W. 5th Street proposal is unable to match due to the small lot size. Based on the small lot size and a lack of an affordable housing component enforceable by the City, OWANA can agree to a PDA of 75 feet, with other conditions, as 75 feet is the height of the closest PDA’s. The idea behind incentivizing extra height is to gain more housing density that contributes to affordability. It has been stated in the emails from the agent for the property, that the proposed multi-family development is not certain, and it will create a conflict with the existing …
ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 8, 2024 MICHAEL J. WHELLAN (512) 435-2300 MWHELLAN@ABAUSTIN.COM Via email Joi Harden, Chief Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Dear Ms. Harden, Re: Rezoning applications for 3117-3121 E. 12th Street, also known as TCAD Parcels 0209150223, 0209150224, and 0209150207 (the “Property”) Based on City feedback related to the application of the Density Bonus 90 (“DB90”) combining district, the applicant is amending the above-referenced rezoning application to remove the height limitation within the conditional overlay. It is our understanding that the conditional overlays affecting permitted uses and impervious cover may remain. I appreciate your consideration and look forward to answering any questions. Respectfully, Michael J. Whellan {Cover Letter.2}
ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0135 – 1500 & 1600 Royal Crest ZONING FROM: East Riverside Corridor (ERC-Urban Residential Subdistrict) ZONING TO: East Riverside Corridor (ERC-Corridor Mixed Use Subdistrict), and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program ADDRESS: 1500 and 1600 Royal Crest Drive SITE AREA: 10.06 acres OWNER / APPLICANT: 1500 Royal Crest LP (Anthony Clarke) AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant East Riverside Corridor – Corridor Mixed Use Subdistrict (ERC-CMU) district zoning, and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program. For a summary of the basis of Staff’s recommendation, please see case manager comments on pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 11, 2024: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JULY 9, 2024 [A. AZHAR; A. WOODS – 2nd] (10-0) J. Mushtaler, – OFF THE DIAS; N. BARRERA-RAMIREZ, G. COX – ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: The developer will comply with the Tenant Notification and Relocation Assistance requirements in the City of Austin Land Development Code. [LDC 25-1-712]. C14-2023-0135 Page 2 The applicant held a meeting with the current tenants on May 13, 2024 and provided the following information as proposed Tenant Protection items: • No termination of leases without good cause. • Rental rate + mandatory fees increase by no more than 7.5% per year for a period of 5 years. • 365-day notice of redevelopment provided to tenants. • 180-day notice of demolition. • 90-day move-out notice. • On-site services to help tenants find new housing or other qualified programs. • Ability for tenant to break lease without repercussion once 180-day notice of demolition is • Moving allowance of $3,000 flat payment. • Last three (3) months of rent waived for tenants still in units. • Full refund of security & pet deposits once demo permit is filed. • No unit entry without 48-hour advance notice. • No prevention of activities associated with tenant’s organization. • Right to return - first chance at new units; both affordable (if qualifications are met) and filed. market rate. The items listed …
Sue Gall 1109 East 10th Street Austin, TX 78702 June 17, 2024 Planning Department Director Lauren Middleton-Pratt City of Austin Planning Department P.O. Box 1088 Austin, TX 78767 SENT VIA MAIL SENT VIA EMAIL TO: preservation@austintexas.gov CC: kalan.contreras@austintexas.gov, lauren.middleton-pratt@austintexas.gov RE Appeal of Case Number HR 24-047998 – 1107 E 10TH ST Dear Ms. Middleton-Pratt, This letter is my request to appeal the Certificate of Appropriateness in case HR 24- 047998, approved by the Historic Landmark Commission on June 5, 2024. Below are the requirements specified by Land Development Code Article 7, viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25 LADE_CH25-1GEREPR_ART7APVASPEXAD_DIV1AP_S25-1-183INRENOAP (1) the name, address, and telephone number of the appellant: (2) the name of the applicant, if the appellant is not the applicant: Sue Gall 1109 E 10th St Austin, TX 78702 512-897-6534 Matthew Jordan (3) the decision being appealed: (4) the date of the decision: June 5, 2024 (5) a description of the appellant's status as an interested party: 1 Certificate of Appropriateness in case HR 24-047998 – 1107 E 10TH ST • • • • I delivered a written statement (attached) to the Historic Landmark Commission before its June 5, 2024 public hearing, and I appeared and spoke for the record at the June 5, 2024 public hearing, and I occupy the primary residence at 1109 E 10TH ST, directly next to and within 500 feet of the subject property, and I am the record owner of 1109 E 10TH ST, directly next to and within 500 feet of the subject property (6) the reasons the appellant believes the decision does not comply with the requirements of this title: • The decision does not comply with the requirements of Land Development Code section 25-11-243(D), viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId= TIT25LADE_CH25- 11BUDEREPESPREHIST_ART4SPREHIST_DIV2APCE_S25-11-243ACCEAP . • Section 25-11-243(D) states: (D) For properties subject to Section 25-11-212 (Certificate Required), the historic preservation officer and the commission shall consider the United States Secretary of the Interior's Standards for Rehabilitation, 36 Code of Federal Regulations Section 67.7(b), and: (1) except as provided in Subsection (D)(2), the historic design standards and the supplemental standards, if any; or (2) for a property located within an area designated as historic area (HD) combining district prior to the effective date of this ordinance, the design standards applicable to that district. (emphasis added) • The Historic Landmark Commission’s decision did not properly apply the design standards of our historic district. The Robertson/Stuart & Mair Historic District …
HISTORIC LANDMARK COMMISSION APPROVAL OF A CERTIFICATE OF APPROPRIATENESS APPEAL TO PLANNING COMMISSION: CASE NUMBER: HR-2024-047998 HISTORIC LANDMARK COMMISSION: June 5, 2024 PLANNING COMMISSION: July 9, 2024 DISTRICT: 1 ADDRESS: 1107 East 10th Street, Robertson/Stuart & Mair Historic District ZONING: SF-3-HD-NP APPELLANTS: Sue Gall; Mark and Tristana Rogers PROPERTY OWNER/APPLICANT: Matthew Jordan PROJECT BACKGROUND: The subject property is within the Robertson/Stuart & Mair Historic District. The primary building is a contributing one- story house. The applicant proposes to update a design for an accessory dwelling unit behind the main house to allow the maximum number of units permitted by the HOME amendment, which was codified after the ADU project's first iteration received approval from the Historic Landmark Commission in 2023. The amended design includes more interior space than the previously approved design, as well as fenestration and roofline changes. No changes were made to the proposed accessory dwelling unit’s previously approved roof height or location. The proposed new building is three stories in height and is oriented with the entrance and garage toward the rear alleyway. It is clad in horizontal fiber cement siding and has a compound gabled and shed roofline. Fenestration includes fixed undivided windows, divided casement windows, and divided sash windows arranged in an irregular pattern. APPEAL REQUEST: The appellants, Sue Gall and Mark and Tristana Rogers, have filed an appeal of the HLC’s June 5, 2024 approval of a certificate of appropriateness to construct the accessory dwelling unit and request denial of this project. Ms. Gall submitted a written objection prior to the hearing, and also spoke at the hearing; the Rogers family submitted a written objection prior to the hearing. Thus, both appellants appear to have standing to appeal under the Code. The appeals process for certificates of appropriateness is described in Land Development Code §25-11-247: the HLC’s decision may be appealed to the Land Use Commission, and the Land Use Commission’s decision may in turn be appealed to the City Council. The appellants state that the HLC did not properly apply the design standards of the Robertson/Stuart & Mair Historic District, in violation of Land Development Code §25-11-243: § 25-11-243 - ACTION ON A CERTIFICATE OF APPROPRIATENESS. A) This section applies to an application under Section 25-11-212 (Certificate Required). B) If the commission determines that the proposed work will not adversely affect a significant architectural or historical feature of the designated historic landmark or …
1107 E 10th Street ADU Design Review Architecture Review Committee Meeting Wednesday May 15, 2024 East 10th Steet 45-foot electrical pole 35-foot electrical pole 45-foot electrical pole 35.5-foot electrical pole 45-foot electrical pole 35-foot structure 35-foot electrical pole 10th Street Streetview ADUs - Robertson Stuart District 1004 E 9th Street 1105 E 9th Street 1104 E 8th Street 1105 E 9th Street 1104 E 8th Street Robertson Stuart District – Recent Construction East North
From: To: Cc: Subject: Date: Attachments: Sue Gall Contreras, Kalan Corona, Nicole; Rivera, Andrew Case Number HR-2024-047998; PR 2024-043549 - Comments for Planning Commission public hearing July 9, 2024 Wednesday, July 3, 2024 3:52:01 PM HR-2024-047998 Gall Appeal Comments.pdf External Email - Exercise Caution Attached are my comments objecting to the proposed ADU in case HR-2024-047998, which is scheduled to be discussed at the July 9 Planning Commission public hearing. I'm also pasting them below for convenience. Will you please sign me up to speak at the July 9 public hearing? Thank you all for your time and help. Kalan, Nicole and Andrew, Sue Gall 1109 East 10th Street ------------------- Sue Gall 1109 E 10th Street Austin, TX 78702 July 3, 2024 City of Austin Planning Department ATTN: Kalan Contreras P.O. Box 1088 Austin, TX 78767 SENT VIA EMAIL TO: kalan.contreras@austintexas.gov CC: Nicole.corona@austintexas.gov; Andrew.rivera@austintexas.gov RE Case Number HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST Dear Ms. Contreras, Planning Commission Public Hearing: July 9, 2024 Case Number: HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST Contact: Kalan Contreras, 512-974-2727 I strongly object to this proposed Accessory Dwelling Unit (ADU), which is scheduled to be discussed at the next Planning Commission meeting: This property is within the Robertson/Stuart & Mair Historic District, one of eight local historic districts recognized by the city. Historic district designation involves adding an HD to the base zoning and requires the support of a majority of property owners or land area owners, as well as high architectural integrity. The city’s own website states that historic districts “offer the strongest protection and greatest benefit for Austin’s older neighborhoods”. (1) Our neighborhood spent years and tens of thousands of dollars to achieve Historic District designation in 2019. A majority of both property owners and land area owners in the neighborhood supported it. The Planning Commission at the time unanimously recommended it for approval to City Council. The HD zoning overlay allows the Historic Landmark Commission to approve a Certificate of Appropriateness for only those proposals which comply with the District Design Standards contained in the District Preservation Plan.(2) At the June 5, 2024 Historic Landmark Commission hearing, it was clear that neither the applicant nor the Commission correctly applied our District Design Standards. The Robertson/Stuart & Mair District Design Standards, viewable on the city’s website,(3) are clear that new construction must be “compatible with the design patterns of …
HISTORIC LANDMARK COMMISSION APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS JUNE 5, 2024 HR-2024-047998 ROBERTSON/STUART & MAIR HISTORIC DISTRICT 1107 EAST 10TH STREET X – 1 PROPOSAL Construct an accessory dwelling unit. PROJECT SPECIFICATIONS The proposed ADU is three stories in height. It has compound gabled and shed roofs, and is oriented with the entrance and garage toward the rear alleyway. It is clad in horizontal fiber cement siding and has a metal roof, fixed undivided windows, and divided casement/sash windows arranged in an irregular pattern. DESIGN STANDARDS The Robertson/Stuart & Mair Design Standards are used to evaluate projects within the historic district. The following standards apply to the proposed project: 1.4. New Construction New construction shall have the same street-front orientation and distance from adjacent buildings as the contributing buildings in the same block. The proposed ADU is oriented toward the alley and does not affect the primary street. Design new buildings so that they are compatible with and differentiated from historic buildings in the district. The proposed ADU appears appropriately differentiated. Design adjustments have been made to enhance compatibility. New construction should have floor-to-floor heights and roof heights that are the same or similar to those on contributing buildings throughout the district. The proposed ADU’s floor-to-floor heights appear consistent with the main house. The roof height is taller; however, the site topography appears to reduce its visibility from the street. Select materials for new construction that are the same as or similar to those found on contributing buildings existing in the district. The applicant has amended the design to enhance material compatibility. Summary The project meets most of the applicable standards. The applicant has amended the design in response to Committee feedback. PROPERTY EVALUATION The property contributes to the Robertson/Stuart & Mair Historic District. COMMITTEE FEEDBACK Simplify rooflines at secondary elevation if possible. STAFF RECOMMENDATION Concur with Committee feedback. Approve the application. LOCATION MAP X – 2
1107 E 10th Street Design Review Planning Commission Meeting Tuesday July 9, 2024 East 10th Steet 45-foot electrical pole 35-foot electrical pole 45-foot electrical pole 35.5-foot electrical pole 45-foot electrical pole 35-foot structure 35-foot electrical pole 10th Street Streetview ADUs - Robertson Stuart District 1004 E 9th Street 1105 E 9th Street 1104 E 8th Street 1105 E 9th Street 1104 E 8th Street Robertson Stuart District – Recent Construction East North 3 Story Properties within Robertson Stuart 13 Properties Total = 3 Story Properties 45 Foot Electrical Pole Contributing Structure Located adjacent to subject property 35’ 1004 E 9th St, Unit A 3 Stories Built 2016 1004 E 9th St, Unit B 3 Stories 1004 E 9th St, Unit A 1004 E 9th St, Unit B 1013 E 9th St Contributing Structure 30’ 1110 E 8th St 3 Stories Built 2016 1110 E 8th St 3 Stories 39’ 800, 802, 804, 806, 808 E Lydia St 3 Stories Built 2018 800, 802, 804, 806, 808 Lydia St 3 Stories Built 2018 705 Lydia St 3 Stories Built 2017 1105 E 9th St 3 Stories Built 2018 1104 E 8th St 3 Stories Built 2014
From: To: Cc: Subject: Date: e Contreras, Kalan; Corona, Nicole; Rivera, Andrew "Mark Rogers"; "Bri Miriani"; "Mark Biechler"; "Jerry Garcia"; Emily Little; "David West"; 1107 E. 10th Street - AGAINST Thursday, July 4, 2024 9:40:43 AM External Email - Exercise Caution Greetings Kalan – I strongly oppose the proposed development at 1107 East 10th Street in the Robertson, Stuart & Mair Historic District. Planning Commission Public Hearing: July 9, 2024 Case Number: HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST This proposed development flies in the face of Local Historic District Design Guidelines and if approved, will set such a precedent that the “Local Historic District” concept will rapidly lose its integrity. This will open the door for similar inappropriate projects. Precedent must not be set at this important time, right after the HOME Code Amendments have just been adopted. This case will determine how HOME relates to Historic Districts in the future. It is a test case for our neighborhood and there will be many more to follow in every other historic district. Please protect the founding principles and Historic District Design Guidelines first, followed by new allowances for increased density allowed in HOME. We are in favor of increased density, but not at the expense of our protected “Local Historic District.” Developers and designers must increase density in forms that are historically compatible to the context. We must rely on the Historic Landmark Commission and the Historic Preservation Office to uphold the governing Local Historic Guidelines. HOME does not, and must not, supersede Historic Guidelines. The proposed project at 1107 East 10th does not comply in terms of scale, massing, height and is no way compatible with the design patterns of the Robinson, Stuart & Mair Historic District. Please register my strong opposition and sign me up to speak at the July 9 hearing. Thank you very much, --- together in the love of history, Emily Emily Little ARCHITECT FAIA 1001 East 8th St. Austin TX 78702 512-470-8058 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". From: To: Subject: Date: Dominic Welhouse Contreras, Kalan 1107 East 10th Street Saturday, July 6, 2024 2:31:51 PM You don't often get email from …
Density Bonus 90 (DB90) Azhar Amendment Amendment: Make the following edit in § 25-2-652 Density Bonus 90 (DB90) Combining District Regulations (H) in the DB90 ordinance “(H) To preserve reserved dwelling units, an applicant must comply with Division 1 (General Provisions), Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 and, when applicable, Section 4-18-32 (Existing Multi-Family Structures) subsection (A)(2) to (A)(5) before applying for a building permit or site plan that relies on the regulations described in Subsections (F) and (G).” and ensure that this requirement applies to applications submitted after a certain date. Applicable sections as background information only (language not included in amendment): Applicable Adopted Chapter 4-18 Language - Adopted ordinance, adopted amendments to ordinance “§ 4-18-32 EXISTING MULTI-FAMILY STRUCTURE. (A) For redevelopment with an existing multi-family structure, an applicant must: (2) provide current tenants with: (a) notice and information about the proposed development on a form approved by the Housing director; (b) relocation benefits that: (i) equal four months of rent and fees; and (ii) a fixed payment for moving expense that is consistent with Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.; and (3) grant current tenants the option to lease for a minimum of 12 months a unit of comparable number of bedrooms, and size following completion of redevelopment; and (4) allow a current tenant to terminate a lease without a penalty; and (5) return security deposits to current tenants.”
Affordability Impact Statement DB90 Revision Initiated by: Resolution No. 20240201-026 Case number: C20-2024-011 Date: 6/24/2024 Proposed Regulation The proposed amendment would do the following: - Amends the commercial ground floor requirement to match VMU standards, requiring 75% of the ground-floor along the principal street to be dedicated to commercial uses, rather than 75% of the entire building's ground floor. - Expands the permitted commercial uses from VMU for office base zoning to DB-90, allowing Consumer Convenience Services, Food Sales, General Retail Sales (convenience or general), and Restaurants (limited or general) without drive-in service. This amendment enables office districts to include a broader range of commercial uses. - Aligns screening requirements with amendments to citywide compatibility policy made by Council upon adoption of Ordinance 20240516-002 on May 16, 2024. - Clarifies that §25-2-652(B), which overrides conflicting provisions unless they are less restrictive, refers to site development regulations only. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on housing costs via land use and zoning. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Development Cost The proposed changes would have a neutral impact on development costs. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Affordable Housing The proposed changes would have a positive impact on affordable housing. Requiring ground floor commercial uses only along the principal street, rather than the entire building’s ground floor, matches VMU standards. This change is intended to increase participation in the DB90 density bonus program, as it can be difficult to lease up ground floor commercial, especially when the commercial use is not facing onto the principal street. Increased participation in this program will eventually lead to a rise in the number of affordable housing units citywide. City Policies Implemented Other Housing Policy Considerations None. Manager’s Signature __________ ____________________
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 25-2-652 RELATED TO REGULATIONS THAT APPLY TO DENSITY BONUS 90 (DB90) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 25-2-652 (Density Bonus 90 (DB90) Combining District) is amended to amend Subsections (B), (C), (F), and (G) and to delete Subsection (H) to read: (B) This section governs over a conflicting provision of this title or other ordinance [unless the conflicting provision is less restrictive]. (C) Pre-Requisites. (1) To utilize the regulations described in Subsections (F) and (G), the site’s zoning must include DB90 and an applicant must comply with Subsection (E). (2) To preserve reserved dwelling units, an applicant must comply with Division 1 (General Provisions), Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 before applying for a building permit or site plan that relies on the regulations described in Subsections (F) and (G). (F) Development Standards and Mixed Use. (1) In a DB90 combining district, the following uses are permitted: (a) (b) (c) uses that are permitted in the base zoning district unless the use is restricted by a conditional overlay that applies to the property; [and] residential uses; and in general office (GO) and limited office (LO) base zoning districts, the following additional uses are allowed: (i) consumer convenience services; (ii) food sales; (iii) general retail sales (convenience or general); and (iv) restaurant (limited or general) without drive-in service. (2) A development must comply with Article 2 (Site Development Standards) and Article 3 (Building Design Standards) in Subchapter E (Design 7/3/2024 12:06 PM Amendments to DB90 Combining District Page 1 of 5 COA Law Department 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Standards and Mixed Use) of this chapter except when those provisions conflict with this section. (3) Mix of Uses. (a) (b) In this subdivision, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E (Design Standards and Mixed Use). Pedestrian-Oriented Commercial and Civic Spaces. At least [When a site abuts a …
C20-2024-011: DB90 Revisions Paul Ray Books, Senior Planner Background 2023 2024 2022 City Council adopted Ordinance No. 20220609-080, creating a second tier of the VMU program, referred to as VMU2, which allowed for increased height in exchange for increased community benefits. City Council adopted Ordinance No. 20221201-055, creating an incentive program that allows residential uses in commercial zoning districts, referred to as Residential in Commercial, which allowed for the construction of residential uses in exchange for increased community benefits. Ordinance No. 20220609-080, Ordinance No. 20221201-055, and Ordinance No. 20221201-056 were invalidated. City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB-90) combining district and density bonus program with requirements and incentives mirroring VMU 2 provisions. 2 DB90 Requirements and Incentives Affordability – Rental: – 10% of units set-aside affordable to 50% Median Family Income (MFI); OR – 12% of units set-aside affordable to 60% MFI – Ownership: – 12% of units set-aside affordable to 80% MFI • Requirements for ownership units may be satisfied by a fee-in-lieu of on-site units setback Site Development Standards – Exemptions from standards include the following: – Minimum site area requirements – Maximum floor area ratio – Maximum building coverage – Minimum street side yard setback and interior yard – Minimum front yard setback – Article 10 Compatibility Standards Subchapter C Height – 30 ft in additional height from the base zone up to a maximum of 90 ft Mix of Uses – Requirements for pedestrian-oriented commercial uses – Floors beyond the second must be residential Subchapter E Design Standards – Streetscape, building placement, and design standards 3 DB90 Combining District Example Zoning String: CS-MU-CO-DB90-NP Eligible Districts: Base Zoning Districts Base Zones Description CS (CS-1) Commercial Services Base Max Height 60ft Max Height with Bonus 90ft Impervious Cover 95% GR LO LR GO Community Commercial Limited Office Neighborhood Commercial General Office 60ft 40ft 40ft 60ft 90ft 70ft 70ft 90ft 90% 70% 80% 80% 4 DB90 Process Owners of eligible properties must request a rezoning to add DB90 Requires a Commission recommendation and Council action – – Notice of the rezoning will be provided pursuant to 25-1-132, which includes utility account holders and property owners located within 500 feet of the subject property Property owners within 200 feet can protest the rezoning – Housing Certification – – Prior to site plan submittal, an applicant is required …
ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2024-011 Density Bonus 90 Revisions Amend City Code Title 25 (Land Development) to revise uses, site development regulations, density bonus requirements, and compatibility standards applicable in density bonus 90 (DB90) combining district. Description: Background: In 2021, amendments to the City’s Vertical Mixed Use (VMU) Overlay, including the creation of a second-tier bonus program known as VMU2, were initiated through City Council Resolution No. 20211118-052. The resolution directed staff to process code amendments to allow for an additional 30’ in height beyond the base zone standards for developments participating in the new tier of the density bonus program and proposed affordability requirements for such developments. In June of 2022, City Council adopted Ordinance No. 20220609-080, implementing the code amendments initiated through the 2021 Council resolution. However, in December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056, and Ordinance No. 20221201-055 were invalidated. In February 2024, City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB90) combining district. This new district is similar to the provisions in VMU2 and is available citywide through the rezoning process. Summary of Proposed Code Amendment: The proposed amendment to §25-2-652 would do the following: - Amend the commercial ground floor requirement to match VMU standards, requiring 75% of the ground floor frontage along the principal street to be designed for commercial use with an additional clarification regarding civic uses - Add the allowed commercial uses from VMU to office base zoning districts - Align compatibility screening requirements with amendments to citywide policy made by Council through Ordinance 20240516-004 - Clarify that provisions of the DB90 program govern over a conflicting provision of the Land Development Code or other ordinance Proposed Text Amendment(s): See draft ordinance. Staff Recommendation: Recommended Staff supports the proposed amendments, which aim to increase participation in the density bonus program and align its regulations with citywide standards. The modification to commercial ground floor requirements will ensure that developments under the DB90 program resemble existing VMU developments, enabling staff to review these applications consistently, and facilitating a streamlined approval process. Further, an analysis of recent VMU developments revealed that the program's requirements result in only 8% to 15% of the ground floor square footage being allocated to commercial use, which is significantly below the 75% required under DB90. Allowing for additional commercial uses within office base zoning districts will enable true mixed-use developments that provide a variety …
Affordability Impact Statement Live Music Venue and Creative Space Bonus Phase 2 Case number: C20-2023-026 Initiated by: Resolution No.(s) 20220728-094 and 20220901-089 Date: 6/27/2024 Proposed Regulation The proposed amendment would create a new combining district for an affordable creative space bonus program available upon request through a zoning application. It would include the following components: - Requires the designation to be applied to more than one parcel to meet the definition of a creative district. - Requires 30% of building frontage and 25% of ground floor to be for affordable creative spaces. - Requires protections for existing creative spaces, including replacement, notice, rent assistance, and leasing - Requires residential and hotel developments near music and performance venues to conduct a sound - Requires leases to be affordable for 10 years, with rent at 50% of average city retail space rent or a sustainable options. assessment and disclose to future residents. ratio and limited annual increases. - Allows for an extra 30 feet in height and exemptions from site development standards for developments providing affordable creative spaces or a fee in lieu of the affordable space. - Provides for exemptions from certain compatibility standards, replaced with a compatibility buffer and screening requirements. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on land use/zoning related housing costs. This would establish an optional density bonus program available upon request that would require review by city staff, the planning commission, and City Council. As part of the staff review, the Housing Department will evaluate the request in accordance with the goals of the Austin Strategic Housing Blueprint and assess any negative impact to existing affordable housing. Impact on Development Cost The proposed changes would have a neutral impact on development costs. Each proposal will be evaluated individually, with the Housing Department ensuring that the creative district designation does not negatively affect existing and future multi-family developments. Sound Assessment requirements may add costs for multi-family developments within 600 feet of the creative district. Impact on Affordable Housing The proposed changes would have a neutral impact on affordable housing. This creative district density bonus program could compete with other density bonus programs specifically designed for affordable housing, like DB-90. However, the case-by-case evaluation may deem it appropriate in historically commercial districts where housing is less suitable. The Housing Department will review each case and provide recommendations to the Planning Commission …
