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
