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May 28, 2024

20240528-010: C14-2024-0035 - Duval Street Residences; District 9 original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 9 ZONING TO: MF-1-NP CASE: C14-2024-0035 ZONING FROM: SF-3-CO-NP ADDRESS: 3305, 3303 Duval Street & 501, 505 Harris Avenue SITE AREA: 0.31 acres (13,576 sq. ft.) PROPERTY OWNER: 3305 Duval St LLC (Joshua Lake McGuire) AGENT: Clean Tag Permits (Linda Sullivan) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to recommend multifamily residence (limited density)- neighborhood plan (MF-1-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: May 14, 2024: APPROVED THE STAFF’S REQUEST FOR A POSTPONEMENT TO MAY 28, 2024. [A. AZHAR; A. HAYNES-2ND] (9-0) P. HOWARD, R. JOHNSON, J. MUSHTALER, AND A. WOODS - ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: There is not a code violation for this property. The rear structure was identified as an illegal non-compliant use, not a code violation. Please refer to Exhibit C (Applicant’s Summary Letter). C14-2024-0035 2 CASE MANAGER COMMENTS: The property in question is 0.31 acres, developed with five (5) residential units, is on the intersection of Duval Street (level 2) and Harris Avenue (level 1) and is currently zoned family residence-conditional overlay-neighborhood plan (SF-3-CO-NP). The property has single family residences and duplex residential (SF-3-CO-NP, SF-3-H- NCCD-NP and SF-3-H-CO-NP) to the north, south, east and west. Lee Elementary School, Eastwoods Neighborhood Park and Hancock Recreation Center (P-NP) to the north and east. There are also multifamily zoned properties with townhomes uses, duplexes, and multifamily complexes (MF-2-NCCD-NP, MF-3-NCCD-NP) to the south and west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the multifamily residence (limited density) – neighborhood plan (MF- 1-NP) combined district zoning as it is a more restrictive multifamily zoning to consider the single-family residences surrounding the property. The new owner has submitted this rezoning application to bring this property into compliance and maintain the current housing stock (five units). Duval street is a level two (2) street with a Capital Metro bus stop directly in front of the property, bike lanes and sidewalks on both sides of the street. The residents of this property could walk or bike to the Hancock Recreation Center, Eastwoods Neighborhood Park and the UT Campus. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The multifamily residence (limited density) district is intended to accommodate multifamily use with a maximum density of up to 17 units per acre, …

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May 28, 2024

20240528-011 & 12: NPA-2022-0005.01 and C14-2022-0107 - Vargas Mixed Use; District 3 Staff PP Memo original pdf

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MEMORANDUM ************************************************************************ TO: Claire Hempel, Chair Planning Commission Members Nancy Estrada Planning Department FROM: DATE: May 23, 2024 RE: C14-2023-0094 – 4405 Merle Drive Postponement Request by Staff ************************************************************************ Staff requests a postponement of the above referenced rezoning case from the May 28, 2024, Planning Commission hearing to July 23, 2024. Staff needs additional information from the applicant.

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May 28, 2024

20240528-013: NPA-2023-0014.04 - 4302 Nuckols Crossing; District 2 Staff PP Memo original pdf

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City of Austin Planning Department P.O. Box 1088, Austin, TX 78767 -1088 (512) 974-2000 ♦ htt ps://www .a ust i nt exas. go v/ dep art me nt/ pla nni ng-d epar t me nt MEMORANDUM TO: FROM: DATE: RE: Claire Hempel, Chair & Planning Commission Members Maureen Meredith, Senior Planner, Long-Range Planning Division Planning Department May 22, 2024 NPA-2023-0014.04_4302 Nuckols Crossing Southeast Combined (Franklin Park) Neighborhood Planning Area Staff requests a postponement of the above-referenced case from the May 28, 2024 Planning Commission hearing to the July 23, 2024 hearing date to allow additional time to review the plan amendment application. The postponement request was made in a timely manner and meets the Planning Commission’s policy. Attachment: Plan Amendment Map The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request. The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request.

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May 28, 2024

20240528-014: NPA-2023-0025.01 - 5725 W US 290 Hwy; District 8 original pdf

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Planning Commission: May 28, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: February 21, 2023 NEIGHORHOOD PLAN: Oak Hill Combined (East Oak Hill) CASE#: NPA-2023-0025.01 PROJECT NAME: 5725 W US Hwy 290 Eastbound PC DATE: May 28, 2024 April 23, 2024 February 27, 2024 January 9, 2024 November 14, 2023 August 8, 2023 ADDRESS/ES: DISTRICT AREA: 8 SITE AREA: 6.514 acres OWNER/APPLICANT: Cheryl Ogle AGENT: DuBois Bryant & Campbell, LLC (David Hartman) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation 5725 W US Hwy 290 Eastbound PHONE: (512) 974-2695 From: Neighborhood Mixed Use To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2024-0040 From: GR-NP NEIGHBORHOOD PLAN ADOPTION DATE: December 11, 2008 CITY COUNCIL DATE: ACTION: TBD To: GR-DB90-NP Planning Commission: May 28, 2024 PLANNING COMMISSION RECOMMENDATION: May 28, 2024 – (action pending) April 23, 2024 – Postponed to May 28, 2024 on the consent agenda at the request of Staff. [G. Anderson – 1st; A. Woods – 2nd] Vote: 11 – 0 [G. Cox and J. Mushtaler off the dais. A. Hayes abstained from Item #27]. February 27, 2024 – Postponed to April 23, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; A. Woods – 2nd] Vote: 11-0 [J. Mushtaler off the dais. F. Maxwell absent]. January 9, 2024 – Postponed to February 27, 2024 on the consent agenda at the request of staff. [F. Maxwell – 1st; A. Azhar – 2nd] Vote: 10-0 [G. Anderson and A. Woods absent. One vacancy on the dais]. November 14, 2023 – Postponed to January 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 12-0 [N. Barrera-Ramirez off the dais]. September 26, 2023 – Postponed to November 14, 2023 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [C. Hempel and P. Howard and J. Mushtaler absent]. August 8, 2023 – Postponed to September 26, 2023 on the consent agenda at the request of Staff. [A. Azhar – 1st; F. Maxwell – 2nd] Vote: 10-0 [T. Shaw and J. Mushtaler absent. One vacancy on the dais]. STAFF RECOMMENDATION: Staff supports the Applicant’s request for Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property is a 6.5 acre tract of land on the south side of …

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May 28, 2024

20240528-015: C14-2024-0040 - 5725 W Hwy 290; District 8 original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 8 TO: GR-DB90-NP CASE: C14-2024-0040– 5725 W US Hwy 290 ADDRESS: 5725 W US Highway 290 Eastbound ZONING FROM: GR-NP SITE AREA: 6.527 acres PROPERTY OWNER: Cheryl Ogle AGENT: DuBois Bryant & Campbell, LLP (David Hartman) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – density bonus 90 - neighborhood plan (GR-DB90-NP) combining district zoning. Staff recommends granting the applicant’s modification request to not provide pedestrian-oriented commercial space. See details on recommendations on following pages. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: 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 a rezoning application to request the -DB90 combining district. Case number C14-2024-0040 Page 2 The property is located within the Oak Hill Combined Neighborhood Plan Area (East), and the current FLUM (Future Land Use Map) designation is Neighborhood Mixed Use. A Neighborhood Plan Amendment (NPA) is on file with a request to change FLUM to Mixed Use and is proposed to be heard at the May 28, 2024 Planning Commission. This site plan is currently on hold in the final review process, as it was submitted pursuant to the Commercial-Residential program (Ordinance No. 20221201-055), and did not require or propose a ground floor commercial use. The DB90 ordinance requires 75% of the ground floor to contain pedestrian-oriented commercial spaces when fronting a principal street, however, the Ordinance also allows for modification to this requirement when the site abuts certain roadways. The site abuts a highway (principal street) and also two suburban roadways, both of which are eligible roadways to request this modification. Staff recommends granting the applicant’s modification request to not provide pedestrian-oriented commercial space. CASE MANAGER COMMENTS: The site is located at W US Hwy 290, Westcreek Drive and Old Fredericksburg Road within the East Oak Hill Neighborhood Plan area. The Property is comprised of a vacant office building consisting of a building that was primarily …

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May 28, 2024

20240528-016: NPA-2023-0023.04 - 5810 Berkman Dr; District 4 original pdf

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Planning Commission: May 28, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET DATE FILED: December 5, 2023 5810, 5812, and 5816 Berkman Drive NEIGHORHOOD PLAN: University Hills/Windsor Park Combined (Windsor Park) CASE#: NPA-2023-0023.04 PROJECT NAME: 5810, 5812, and 5816 Berkman Drive PC DATE: May 28, 2024 ADDRESS/ES: DISTRICT AREA: 4 SITE AREA: 0.5780 acres OWNER/APPLICANT: WFT-ASW Property Management, LLC AGENT: Drenner Group, PC (Leah M. Bojo) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Mixed Use/Office Base District Zoning Change To: Mixed Use To: GR-MU-CO-NP Related Zoning Case: C14-2023-0151 From: LO-MU-CO-NP ACTION: NEIGHBORHOOD PLAN ADOPTION DATE: August 2007 CITY COUNCIL DATE: TBD PLANNING COMMISSION RECOMMENDATION: May 28, 2024 - (Action pending) Planning Commission: May 28, 2024 STAFF RECOMMENDATION: Staff does not support the applicant’s request for Mixed Use land use but recommends Neighborhood Mixed Use. BASIS FOR STAFF’S RECOMMENDATION: Staff does not support the applicant’s request for Mixed Use land use because the property abuts residential uses to the west with a portion of the site within the flood plain. Staff believes the Neighborhood Mixed use land use will provide some protection to the residential uses by limiting the intensity of the commercial uses allowed on the property. Although there is Mixed Use land use to the east and at the north and south nodes of Berkman Drive and US Hwy 290 and E. 51st Street, the predominate land uses on the western side of Berkman Drive are low-intensity land uses of Single Family and Office/Mixed Use, with one lot of Civic land use for a church. Below are sections from the University Hills/Windsor Park Combined Neighborhood Plan (Windsor Park), which staff believes supports the Neighborhood Mixed Use land use. Planning Commission: May 28, 2024 LAND USE DESCRIPTIONS: EXISTING LAND USE: Mixed Use/Office - An area that is appropriate for a mix of residential and office uses. Purpose 1. Accommodate mixed use development in areas that are not appropriate for general commercial development; and 2. Provide a transition from residential use to non Application ‐ residential or mixed use. 1. Appropriate for areas such as minor corridors or local streets adjacent to commercial areas; 2. May be used to encourage commercial uses to transition to residential use; and Planning Commission: May 28, 2024 3. Provide limited opportunities for live/work residential in urban areas. PROPOSED LAND USE: Mixed Use - An …

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May 28, 2024

20240528-017: C14-2023-0151 - 5810 Berkman Drive; District 4 original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 4 TO: GR-MU-CO-NP CASE: C14-2023-0151 (5810 Berkman Drive) ADDRESS: 5810, 5812, 5816 Berkman Drive ZONING FROM: LO-MU-CO-NP SITE AREA: approximately 0.578 acres (approximately 25,177 square feet) PROPERTY OWNER: WFT-ASW Property Management, LLC AGENT: Drenner Group, PC (Leah Bojo) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff does not support the Applicant’s request of community commercial-mixed use- conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district zoning for this property and offers an alternate recommendation of neighborhood commercial- mixed use-conditional overlay-neighborhood plan (LR-MU-CO-NP) combining district zoning. The existing conditional overlay, which prohibits the residential use of the tract from exceeding 25 percent of the total square footage of the first floor, would remain. See the basis of recommendation section below for more information. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 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 subject tract currently contains two office buildings, built in approximately 1976 and 1977, approximately 2,400 square feet and 1,200 square feet. To the north is an older two-story apartment complex. To the east (across Berkman Drive) is Windsor Village Berkman – Neighborhood Shopping Center built approximately 1960. To the south are two additional office buildings, built in approximately 1967 and 1973, approximately 2,200 square feet and 1,000 square feet. To the west are two single-family homes, built in approximately 1956 and 1958, approximately 1,600 square feet and 1,400 square feet. C14-2023-0151 2 Berkman Drive is an ASMP level-2 corridor with a buffered bicycle land, sidewalks and transit service. It is not an Imagine Austin Activity Corridor. The subject tract is approximately ½ mile west of Cameron Road which is an Imagine Austin Activity Corridor and the eastern bound of the Highland Mall Imagine Austin Activity Center. BASIS OF RECOMMENDATION: Zoning changes should promote compatibility with adjacent and nearby uses. Staff is recommending LR-MU-CO-NP due to the proximity of the single-family homes to the west. The applicant’s requested use is allowed in LR under the restrictions of Section 25-2-587, provided that: 1. The gross indoor floor area may not exceed 4,000 square feet. 2. A restaurant (general) use may operate only after 7:00 a.m. and before 11:00 p.m. 3. An outdoor seating area may not: (a) exceed 500 square feet of area; or (b) be located within 50 feet of property with a single-family use …

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May 28, 2024

20240528-018: NPA-2023-0005.01 - Montopolis Fairway; District 3 Staff PP Memo original pdf

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City of Austin Planning Department 6310 Wilhelmina Delco Drive, Austin, TX 78752 P.O. Box 1088, Austin, TX 78767 -1088 (512) 974-2000 ♦ ht tps:// www .a ust i nt exas. go v/ dep art me nt/ pla nni ng-d epar t me nt MEMORANDUM TO: FROM: DATE: RE: Claire Hempel, Chair & Planning Commission Members Maureen Meredith, Senior Planner, Long-Range Planning Division Planning Department May 22, 2024 NPA-2023-0005.01_6202, 6204 Caddie Street; 1600, 1604, 1606, 1608, 1610, 1612, and 1614 Montopolis Drive; 6211, 6215 Fairway Street Montopolis-Fairway Mixed Use Montopolis Neighborhood Planning Area Staff requests a postponement of the above-referenced case from the May 28, 2024 Planning Commission hearing to the June 11, 2024 hearing date to allow additional time to review the application. The postponement request was made in a timely manner and meets the Planning Commission’s policy. Attachment: Plan Amendment Map The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request. The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request.

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May 28, 2024

20240528-019: C14-2024-0015 - Montopolis-Fairway Mixed Use; District 3 App PP Memo original pdf

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MEMORANDUM ************************************************************************ TO: Clair Hempel, Chair (PC) Planning Commission Members Cynthia Hadri Planning Department FROM: DATE: May 22, 2024 RE: C14-2024-0015 Montopolis-Fairway Mixed Use Postponement Request by Staff ************************************************************************ The case above has been scheduled for the May 28, 2024, Planning Commission hearing. Staff requests a postponement of the above referenced rezoning case from the May 28, 2024, Planning Commission hearing to the June 11, 2024, hearing, to allow additional time to review the application.

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May 28, 2024

20240528-020 & 21: NPA-2023-0018.06 & C14-2023-0132 - Shirley Avenue; District 4 App PP Memo original pdf

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City of Austin Planning Department P.O. Box 1088, Austin, TX 78767 -1088 (512) 974-3100 ♦ Fax (512) 974-3112 ♦ h ttps:/ / ww w. au st i n tex a s.g ov / d ep a rtm en t/ h ou s in g- an d- p la n n in g MEMORANDUM TO: FROM: DATE: RE: Claire Hempel, Chair & Planning Commission Members Tyler Tripp, Senior Planner, Long-Range Planning Division Jonathan Tomko, Principal Planner, Current Planning Division Planning Department May 22, 2024 NPA-2023-0018.06 and C14-2023-0132 6719, 6725 Shirley Avenue and 605 William Street Brentwood-Highland Combined Planning Area The applicant requests a postponement of the above-referenced cases from the May 28, 2024 Planning Commission hearing to the June 11, 2024 hearing date to allow additional time to address prerequisite requirements to move forward with the zoning and plan amendment cases. The postponement request was made in a timely manner and meets the Planning Commission’s policy. Attachments: Email Request for Postponement from Leah Bojo (Drenner Group) Plan Amendment Map Zoning Map The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request. The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request. The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request. The City of Austin is committed to compliance with the Americans with Disabilities Act and will provide reasonable modifications and equal access to communications upon request.

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May 28, 2024

20240528-022: NPA-2023-0017.01 - Anderson Square; District 4 original pdf

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Planning Commission: May 28, 2024 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NPA-2023-0017.01 NEIGHORHOOD PLAN: Crestview/Wooten Combined CASE#: PROJECT NAME: Anderson Square PC DATE: May 28, 2024 April 9, 2024 February 27, 2024 DATE FILED: June 16, 2023 4 910, 912, 914 & 916, 1012 & 1012 ½, 1100, 1100 ½ & 1102 ½ W. ADDRESS/ES: Anderson Lane; 7905 ½ 8003, & 8005 Anderson Square; 7940, 7950, 8000, 8000 1/2 & 8002 Research Blvd. SVRD SB DISTRICT AREA: SITE AREA: 16 acres OWNER/APPLICANT: Anderson Square Investments, LLC & C2G, LLC AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Maureen Meredith STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation PHONE: (512) 974-2695 From: Mixed Use Base District Zoning Change To: High Density Mixed Use Related Zoning Case: C14-2023-0080 From: CS-MU-NP & CS-1-MU-NP NEIGHBORHOOD PLAN ADOPTION DATE: April 1, 2004 CITY COUNCIL DATE: TBD ACTION: To: CH-PDA-NP Planning Commission: May 28, 2024 PLANNING COMMISSION RECOMMENDATION: May 28, 2024 – (action pending) 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. G. Anderson recused from Item #7]. February 27, 2024 – Postponed to April 9, 2024 on the consent agenda at the request of Staff. [A. Azhar – 1st; A. Woods – 2nd] Vote: 11-0 [J. Mushtaler off the dais. F. Maxwell absent]. STAFF RECOMMENDATION: Recommended for the Applicant’s request for High Density Mixed Use land use BASIS FOR STAFF’S RECOMMENDATION: The applicant is proposing a large mixed- use development that could accommodate up to 2400 residential units and approximately 2.4 million square feet of office and retail uses. The property is located at the intersection of US Hwy 183 and North Lamar Blvd. High Density Mixed Use land use is appropriate in this location. Below are sections from the Crestview/Wooten Combined Neighborhood Plan that staff believe supports the applicant’s request: 2 Planning Commission: May 28, 2024 LAND USE DESCRIPTIONS: EXISTING LAND USE: Mixed Use - An area that is appropriate for a mix of residential and non‐residential uses. Purpose 1. Encourage more retail and commercial services within walking distance of residents; 2. Allow live‐work/flex space on existing commercially zoned land in the neighborhood; 3. Allow a mixture of complementary land use types, which may include housing, retail, offices, commercial services, and civic uses (with the …

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May 28, 2024

20240528-023: C14-2023-0080 - Anderson Square; District 4 original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2023-0080 (Anderson Square) DISTRICT: 4 ADDRESS: 910, 912, 914 & 916, 1012 & 1012 ½, 1100, 1100 ½ & 1102 ½ W. Anderson Lane, 7905 ½ 8003, & 8005 Anderson Square and 7940, 7950, 8000, 8000 1/2 & 8002 Research Boulevard Service Road South Bound ZONING FROM: CS-MU-NP, CS-1-NP TO: CH-PDA-NP SITE AREA: 16.0 acres (696,960 sq. ft.) PROPERTY OWNER: Anderson Square Investments, LLC & C2G, LLC (Jim Cotton and Jimmy Nassour) AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends CH-PDA-NP, Commercial Highway-Planned Development Area- Neighborhood Plan Combining District, zoning. As this property is falls within the North Lamar Transit Center station area, the staff recommends adding prohibited and conditional uses from the recently adopted ETOD ordinance to the PDA overlay: 1) Prohibit the following uses on the property: Agricultural Sale and Services, Building Maintenance Services, Campground, Carriage Stable, Convenience Storage, Drop-off Recycling Collection Facility, Electronic Prototype Assembly, Electronic Testing, Equipment Repair Services, Equipment Sales, Exterminating Services, Funeral Services, Marina, Recreational Equipment Maintenance & Storage, Recreational Equipment Sales, Research Assembly Services, Research Testing Services, Research Warehousing Services, Scrap and Salvage, Service Station, Stables, Vehicle Storage, Basic Industry, General Warehousing and Distribution, Recycling Center, Resource Extraction, Animal Production, Crop Production and Indoor Crop Production. 2) Make the following uses conditional uses on the property: Alternative Financial Services, Automotive Sales, Automotive Rentals, Automotive Repair Services, Automotive Washing, Bail Bond Services, Commercial Blood Plasma Center, Commercial Off-Street Parking, Communications Services, Construction Sales and Services, Electric Vehicle Charging, Kennels, Monument Retail Sales, Off-Site Accessory Parking, Pawn Shop Services, Pedicab Storage and Dispatch, Special Use Historic, Custom Manufacturing, Light Manufacturing, Limited Warehousing and Distribution and Horticulture. C14-2023-0080 2 PLANNING COMMISSION ACTION / RECOMMENDATION: February 27, 2024: Postponed to April 9, 2024 at the staff’s request by consent (11-0, F. Maxwell-absent, J. Mushtaler-off the dais); A. Azhar-1st, A. Woods-2nd. April 9, 2024: Approved staff’s request for postponement to May 28, 2024 by consent (12-0, A. Phillips-arrived late); A. Azhar-1st, F. Maxwell-2nd. May 28, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2023-0080 ISSUES: N/A 3 CASE MANAGER COMMENTS: The property in question is a 16-acre tract of land that is developed with a retail center that contains several uses, such as Hobby Lobby, a gym (Planet Fitness), an industrial supply company, law offices and a bingo hall. There is commercial zoning (CS-MU-NP, GR-CO- NP, GR-MU-CO-NP, …

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May 28, 2024

20240528-024: C814-2023-0027 - 311-315 South Congress PUD original pdf

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ZONING CHANGE REVIEW SHEET CASE: C814-2023-0027 (311-315 South Congress PUD) DISTRICT: 9 ADDRESS: 311, 313, and 315 South Congress Avenue ZONING FROM: CS-1-V-NP and LI-NP TO: PUD-NP SITE AREA: approximately 0.81 acres (approximately 35,283 sq. ft.) PROPERTY OWNER: Bridgestone Firestone (Wesley H Pearson Jr. & Jerry W. Pearson) AGENT: Drenner Group PC (Amanda Swor) CASE MANAGER: Jonathan Tomko (512) 974-1057, jonathan.tomko@austintexas.gov STAFF RECOMMEDATION: Staff recommends granting planned unit development-neighborhood plan (PUD-NP) combining district zoning. For a summary of the basis of Staff’s recommendation, please see the basis of recommendation section below. PLANNING COMMISSION & OTHER COMMISSION ACTION/ RECOMMENDATION: Sept. 25, 2023: Case heard by the Parks and Recreation Board, no recommendation. Nov. 1, 2023: Case postponed by the Environmental Commission to Dec. 6, 2023. Dec. 6, 2023: Case postponed by the Environmental Commission to Jan. 17, 2024. Jan. 17, 2024: Case postponed by the Environmental Commission to Feb. 7, 2024. Feb. 7, 2024: Case postponed by the Environmental Commission to Mar. 6, 2024. Mar. 6, 2024: Case heard by the Environmental Commission, motion to approve with conditions approved by vote of (8-0), see exhibit H for Recommendation 20240306-003. Apr. 17, 2024: Case heard by the Small Area Planning Joint Committee, motion to recommend the PUD zoning request, passed unanimously (4-0). May 14, 2024: Case postponed by the Planning Commission 1st Azhar/2nd Cox - Unanimous to May 28, 2024. May 28, 2024: Case is scheduled to be heard by the Planning Commission. CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: N/A ISSUES: N/A CASE MANAGER COMMENTS: The property in question is currently being utilized as a service garage and office/retail space, both built in 1980 with substantial paved parking lots greater than the size of the structures themselves. The subject tract is approximately 1,500 feet from the recognized central business district of Austin. The proposed project is proposed to contain approximately 475,000 square feet of multifamily residential space for approximately 488 units, 30,000 square feet of office space and 7,500 square feet of ground floor pedestrian-oriented uses. SITE DEVELOPMENT REGULATIONS AND CODE MODIFICATIONS: 1. The PUD is subject to the site development regulations associated with the CS Zoning Base District, except as modified on the land use plan and associated notes. 2. The maximum height for the PUD is 480 feet in height. Section 25-2-531, height limitations, still apply to the PUD. 3. The maximum floor to area ratio (FAR) in the PUD …

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May 28, 2024

20240528-025: C14-2024-0061 - 2900 Oak Springs; District 1 original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 1 TO: CS-MU-V-DB90-NP CASE: C14-2024-0061– 2900 Oak Springs Rezoning ADDRESS: 2900 Oak Springs Road ZONING FROM: CS-MU-V-NP SITE AREA: 2.06 acres PROPERTY OWNER: 2900 Oak Springs Horizontal Investors, LP AGENT: Thrower Design LLC (Ron Thrower and Victoria Haase) 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. See details on recommendations on following pages. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: 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 a rezoning application to request the -DB90 combining district. Case number C14-2024-0061 Page 2 CASE MANAGER COMMENTS: The site is located on the north side of Oak Springs Drive, in the middle of the block formed between Airport Boulevard and Ridgeway Dr/ Webberville Rd. within the Rosewood Neighborhood Plan area. The Property is currently a General warehousing and distribution use, including open air storage of stone. To the north of the site is undeveloped land and apartments, with access to apartments from the north and east (Airport Boulevard). To the east is a Congregate living use (CS-MU-NP), and undeveloped land. Across Oak Springs Drive to the south are Cultural Uses (Willie Mae Kirk Library) and Public Primary educational facility (AISD) (MF-3-NP; P-NP). To the west are single family residences, and duplexes (SF-3-NP). Please refer to Exhibits A (Zoning Map), A-1 (Aerial View). The property is located within the Rosewood Neighborhood Plan Area, and is located within an area that was initiated by the City to zone certain tracts within the Neighborhood Plan area to accommodate the -V zoning district in 2010 (Ordinance No. 20100325-062). Further, a site plan was submitted on or around May 23, 2023, to utilize the “VMU2” density bonus option, and is currently on hold. The applicant is requesting general commercial services– mixed use – vertical mixed …

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May 28, 2024

20240528-026: C14-2024-0043 University Park South; District 9 original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 9 TO: CS-MU-V-CO-DB90-NP CASE: C14-2024-0043 – University Park South ADDRESSES: South – 1015 E 38th Street; 3703 Harmon Avenue ZONING FROM: CS-MU-V-CO-NP SITE AREA: South – 0.5897 PROPERTY OWNER: GDC-NRG IH35 LLC and 3703 Harmon LP AGENT: Land Use Solutions (Michele Haussmann) 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 designates the following as conditional uses: Automotive Repair Services, Automotive Washing (of any type), Building Maintenance Services, Funeral Services, Commercial Blood Plasma Center, Hotel-Motel, Commercial Off-Street Parking, Outdoor Sports and Recreation, Custom Manufacturing, Research Services, Residential Treatment and Drive-in service is a conditional use as an accessory use to commercial uses. The Conditional Overlay designates the following as prohibited uses: Agricultural Sales and Services, Automotive Rentals, Automotive Sales, Campground, Construction Sales and Services, Convenience Storage, Drop-Off Recycling Collection Facilities, Equipment Repair Services, Equipment Sales, Kennels, Limited Warehousing and Distribution, Maintenance and Service Facilities, Monument Retail Sales, Outdoor Entertainment, Pawn Shop Services, Service Station and Vehicle Storage. For a summary of the basis of Staff’s recommendation, see pages 2 - 5. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: May 14, 2024: APPROVED NEIGHBORHOOD POSTPONEMENT TO MAY 28, 2024, BY CONSENT. [UNIVERSITY PARK SOUTH] Case number C14-2024-0043 Page 2 [A. AZHAR; A. HAYNES -2nd] (9-0) P. HOWARD, J. MUSHTALER, R. JOHNSON, A. WOODS – ABSENT 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. The Conditional Overlay which established conditional and prohibited uses, originally in the Hancock Park Neighborhood Plan (Ordinance No. 040826-59), and was included as Conditional Overlay in the rezoning ordinances for case numbers C14-2023-0001 and C14- 2023-0012, are recommended to be maintained in this new rezoning. The University Park project is a unified development, assigned …

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May 28, 2024

20240528-027: C14-2024-0059 - 1809 W 35th St ; District 10 original pdf

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ZONING CHANGE REVIEW SHEET TO: LO-MU-CO-DB90-NP DISTRICT: 10 CASE: C14-2024-0059 – 1809 W. 35th Street ADDRESS: 1809 West 35th Street ZONING FROM: LO-MU-CO-NP SITE AREA: 0.27 acres PROPERTY OWNER: MEA Real Estate Ventures, LLC (Mehrdad Ebrahimi) AGENT: Thrower Design LLC (Ron Thrower and Victoria Haase) CASE MANAGER: Marcelle Boudreaux (512-974-8094, marcelle.boudreaux@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant limited office district - mixed use – conditional overlay - density bonus 90 - neighborhood plan (LO-MU-CO-DB90-NP) combining district zoning. The Conditional Overlay require compliance with the following regulations: 1) For any commercial permitted uses on the Properly that include an outdoor seating area elevated above one story or 15 feet as measured from ground level, the elevated seating area is limited to 2,500 square feet. This condition shall not apply to residential uses. 2) A 5-foot wide vegetative buffer shall be provided and maintained along the south property lines. Any trees planted in the vegetative buffer shall be compatible with utilities and have a spacing of 20 feet. Improvements permitted within the vegetative buffer area are limited to drainage, underground utility improvements, or those improvements that may be otherwise required by the City of Austin or specifically authorized in this ordinance. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: May 14, 2024: APPROVED STAFF POSTPONEMENT TO MAY 28, 2024, BY CONSENT. [A. AZHAR; A. HAYNES -2nd] (9-0) P. HOWARD, J. MUSHTALER, R. JOHNSON, A. WOODS – ABSENT Case number C14-2024-0059 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 a rezoning application to request the -DB90 combining district, in order for the City to continue review of site plan. CASE MANAGER COMMENTS: The subject property is located on the south side of West 35th Street between Oakmont Boulevard and Jefferson Street, which is a Core Transit Corridor. The property is currently developed with a retail store and one residential unit. Properties to the west are developed with personal services and …

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May 28, 2024

20240528-028: C14-2024-0049 - Kenniston Court; District 4 original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 4 ZONING TO: SF-3-NP CASE: C14-2024-0049 ZONING FROM: SF-6-NP ADDRESS: 504 Kenniston Drive SITE AREA: 0.24 acres (10,454 sq. ft.) AGENT: Waterlily Homes, LLC (Tina Barrett and Elizabeth Wimberley) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to grant family residence-neighborhood plan (SF-3-NP) combining district. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: N/A CASE MANAGER COMMENTS: The property in question is 0.24 acres, developed with one (1) single family residence, is on Kenniston Drive (level 1) and is currently zoned townhouse and condominium residence - neighborhood plan (SF-6-NP). The property has single family residences, townhomes and duplex residential (SF-3-NP, SF-6-NP) to the north, east and west. There are also multifamily zoned properties (MF-3-NP and MF-6-NP) to the north, south and east. Reznicek Fields (P- NP) are to the north, restaurants (GR-CO-NP, LR-V-CO-NP, CS-V-NP) to the south, and there are automotives sales and repairs (TOD-NP) to the west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). The applicant has requested a rezoning to the family residence-neighborhood plan (SF-3-NP) combining district to construct three (3) single family units as the new HO.M.E amendments allow three unit residential in SF-3. C14-2024-0049 2 Staff is recommending the family residence-neighborhood plan (SF-3-NP) combined district because this property meets the intent of the district and would provide more housing on this lot. 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). This site is 0.07 miles east of Airport Blvd Activity Corridor; 0.3 miles east of Crestview Station Town Center; 0.20 miles north of Highland Mall Station Regional Center and there is a bus stop located .03 mil away. There is a rapid bus stop, Crestview station, a grocery store, Highland Park and other good and services within 0.5 miles. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The family residence 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 may be applied to a use in an existing single-family neighborhood with moderate sized lots or to new development of family housing on …

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May 28, 2024

20240528-029: C14-2024-0110 - 1230 East 38th St; District 9 original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0110– 1230 East 38th ½ Street DISTRICT: 9 ADDRESS: 1230 East 38th ½ Street, 1400 East 38th ½ Street, 1402 East 38th ½ Street, and 1406 East 38th ½ Street ZONING FROM: CS-MU-V-CO-NP TO: CS-MU-V- CO- DB90-NP SITE AREA: approximately 4.4369 acres (approximately 193,271 square feet) PROPERTY OWNER: 38th Half St Holding LLC, 1230 E. 38th Half St Holding 2 LLC, Cherrywood Austin LLC, 706 W 34th LLC, Nasteb Keystone Family LTD AGENT: Drenner Group, P.C., (Amanda Swor) CASE MANAGER: Jonathan Tomko (512-974-1057, jonathan.tomko@austintexas.gov) STAFF RECOMMENDATION: Staff recommends granting the change in condition of zoning to amend the conditional overlay by removing the height restriction maximum of forty (40) feet for the subject tract and to grant general commercial services–vertical mixed use building-conditional overlay–density bonus 90-neighborhood plan (CS-V-CO-DB90-NP) combining district zoning. See of recommendation section below for additional information. the basis PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024: Case is scheduled to be heard by Planning Commission CITY COUNCIL ACTION: TBD 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 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: Applicant and neighborhood postponement to February 27, 2024. February 27, 2024: Applicant postponement to March 12, 2024. March 12, 2024: Applicant request for Indefinite Postponement. City Council Previous Action None C14-2023-0110 Page 2 CASE MANAGER COMMENTS: The subject tract includes a number of uses, Alma Cherrywood Apartment Complex (formerly known as Delwood Station Apartments); Westbank Dry Cleaning Warehouse; Cherrywood Coffeehouse; Monarch Food Mart, and GC Cleaners and Laundry. To the north (across the railroad tracks) are several duplexes that are part of what is known as “Duplex Nation,” a large collection of duplexes built in the late 1940s. To the east (across the railroad tracks) is Maplewood Elementary and several duplexes built in the late 1940s. To the west is Delwood Marketplace, a large shopping center of over 100,000 square feet built in approximately 1992. …

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May 28, 2024

20240528-030: C14-2024-0025.SH - St. Martin's Senior Housing; District 9 original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0025.SH (St. Martin's Senior Housing) DISTRICT: 9 ADDRESS: 1500 and 1500 ½ Rio Grande Street and 700 and 700 ½ West 15th Street ZONING FROM: GO, SF-3 TO: DMU-CO SITE AREA: 0.515 acres PROPERTY OWNER: St. Martin's Evangelical Lutheran Church APPLICANT/AGENT: Drenner Group, PC (Leah Bojo) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends DMU-CO, Downtown Mixed Use-Conditional Overlay Combining District, zoning. The conditional overlay will limit the maximum height of development on the property to 60 feet. PLANNING COMMISSION ACTION / RECOMMENDATION: May 28, 2024 CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-2024-0025.SH 2 ISSUES: N/A CASE MANAGER COMMENTS: The property in question is 0.515 acre area that is currently used as a surface parking lot that serves to accommodate overflow from St. Martin’s Lutheran Church across Rio Grande Street to the east. To the north, there is a cemetery zoned GO-H. The lot to the south, across W.15th Street, is developed with a historic structure that has been renovated as an office that houses a non-profit civic use (Humanities Texas) zoned GO-H. To the west, the lots are developed with residential (Hilger’s House) and office (Bounce, Maui Med Spa) uses zoned SF-3-H, LO respectively. In this request, the applicant is asking for a rezoning to DMU-CO to allow for an affordable multifamily senior rental development on the property (please see Applicant’s Request Letter – Exhibit C). The site under consideration is located within the Judges Hill District of the Downtown Austin Plan. The Downtown Austin Plan does not have a Future Land Use Map (“FLUM”). Therefore, a Neighborhood Plan Amendment (NPA case) is not required. The property is located in a portion of Downtown Austin that is ineligible for participation in the Downtown Density Bonus Program (please see Downtown Austin Plan Exhibits – Exhibit E). The staff recommends DMU-CO zoning because the property meets the intent of the DMU base district. There is DMU-CO zoning a block away to the south across W. 14th Street, DMU-H-CO zoning to the west along West Avenue and DMU-CO zoning to the east along Nueces Street. Although this property is outside of the area that is eligible for Downtown Density Bonus Program, the applicant is proposing a conditional overlay to limit the maximum height of development on the property to 60 feet. This is consistent with the permitted height on the surrounding GO zoned lots to the …

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May 28, 2024

20240528-031: C14-2023-0139 - Oak Creek Village Phase 2; District 3 App PP Memo original pdf

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MEMORANDUM ************************************************************************ TO: Clair Hempel, Chair (PC) Planning Commission Members Cynthia Hadri Planning Department FROM: DATE: May 16, 2024 RE: C14-2023-0139 – Oak Creek Village - Phase 2 Postponement Request by Applicant ************************************************************************ The case above has been scheduled for the May 28, 2024, Planning Commission hearing. The applicant requests a postponement of the above referenced rezoning case from the May 28, 2024, Planning Commission hearing to the June 11, 2024, hearing, to allow time for the applicant to consider amending their rezoning application for the compatibility item on the City Council Agenda.

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