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Aug. 24, 2021

B-05 (NPA-2021-0026.01 - Grady & Brownie Mixed Use; District 4).pdf original pdf

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Planning Commission: August 24, 2021 NEIGHBORHOOD PLAN AMENDMENT REVIEW SHEET NEIGHORHOOD PLAN: North Lamar Combined (North Lamar) CASE#: NPA-2021-0026.01 DATE FILED: March 12, 2021 (In-cycle, with winter storm deadline extension) 10609, 10611, 10613, 10615 Brownie Drive (Tract 1) and 10610, 10612, 10614 Middle Fiskville Road (Tract 2) PROJECT NAME: Grady & Brownie Mixed Use PC DATE: August 24, 2021 July 27, 2021 July 13, 2021 June 8, 2021 ADDRESS/ES: DISTRICT AREA: 4 SITE AREA: 1.79 acres OWNER/APPLICANT: Grady & Brownie Investments, LLC AGENT: Thrower Design (Ron Thrower & Victoria Haase) CASE MANAGER: Maureen Meredith, Housing & Planning Dept. PHONE: (512) 974-2695 STAFF EMAIL: Maureen.Meredith@austintexas.gov TYPE OF AMENDMENT: Change in Future Land Use Designation From: Single Family (Tract 1) & Neighborhood Commercial (Tract 2) To: Mixed Use Base District Zoning Change Related Zoning Case: C14-2021-0039 From: SF-3-NP and LR-NP NEIGHBORHOOD PLAN ADOPTION DATE: June 24, 2010 To: MF-4-NP and CS-MU-NP 1 1 of 47B-5 Planning Commission: August 24, 2021 PLANNING COMMISSION RECOMMENDATION: August 24, 2021 – (action pending) July 27, 2021 – After discussion postponement, the case was postponed to August 24, 2021 to allow the applicant to work with the neighborhood. [G. Cox – 1st; C. Llanes Pulido – 2nd] Vote: 10-0 [P. Howard, T. Shaw and J. Thompson absent]. July 13, 2021 – Postponed to July 27, 2021 at the request of the neighborhood on the consent agenda. [C. Hempel – 1st; Y. Flores – 2nd] Vote: 8-0 [A. Azar, P. Howard, S. R. Praxis, C. Llanes Pulido and R. Schneider absent]. June 8, 2021 – Postponed to July 13, 2021 at the request of the neighborhood on the consent agenda. [A. Azar – 1st; J. Mushtaler – 2nd] Vote: 11-0 [Y. Flores and J. Shieh absent]. STAFF RECOMMENDATION: Staff supports the applicant’s request to change the future land use map from Single Family and Neighborhood Commercial land to Mixed Use land use. BASIS FOR STAFF’S RECOMMENDATION: The property has frontage along the north side of Brownie Drive (Tract 1) and has frontage (Tract 2) along Middle Fiskville Road which runs along the I.H.-35 frontage road. Mixed Use land use appropriate in this location. The plan document supports new, higher density residential development to be located along major roadways. The property is proposed for a multifamily development with a possibility for commercial uses on Tract 2. The proposed residential uses will provide new housing options for the planning area …

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Aug. 24, 2021

B-06 (C14-2021-0039 - Grady & Brownie Mixed Use; District 4).pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0039 (Grady & Brownie Mixed Use) DISTRICT: 4 ZONING FROM: Tract 1: SF-3-NP Tract 2: LR-NP TO: Tract 1: MF-4-NP Tract 2: CS-MU-NP ADDRESS: 10609, 10611, 10613, 10615 Brownie Drive and 10610, 10612, 10614 Middle Fiskville Road SITE AREA: Tract 1: 1.03 acres Tract 2: 0.76 acres 1.795 acres (78,211.98 sq. ft.) PROPERTY OWNER: Grady & Brownie Investments LLC (Saleem Memon) AGENT: Thrower Design (A. Ron Thrower) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends MF-2-NP, Multifamily Residence-Low Density District- Neighborhood Plan Combining District, zoning for Tract 1 and LR-MU-NP, Neighborhood Commercial-Mixed Use-Neighborhood Plan Combining District, zoning for Tract 2. PLANNING COMMISSION ACTION / RECOMMENDATION: June 8, 2021: Postponed to July 13, 2021 at the neighborhood's request by consent (11-0); A. Azhar-1st, J. Mushtaler-2nd. July 13, 2021: Postponed to July 27, 2021 at a neighbor's request by consent (8-0, A. Azhar, P. Howard, S. Praxis, C. Llanes-Pulido, R. Schneider - absent); C. Hempel-1st, Y. Flores-2nd. July 27, 2021: Postponed to August 24, 2021 at the neighborhood's request (10-0); G. Cox-1st, C. Llanes-Pulido-2nd. August 24, 2021 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 41B-6 C14-2021-0039 ISSUES: N/A CASE MANAGER COMMENTS: 2 The property in question consists of seven undeveloped lots located between Brownie Drive and Middle Fiskville Road at East Grady Drive. The lots to the north, across Grady Drive, are zoned SF-3-NP and LR-NP respectively and are undeveloped. Further to the north, is a manufacturing facility (former Golfsmith site) with IP-NP and CS-NP zoning. To the south and east along Brownie Drive are single-family residences zoned SF-2-NP and SF-3-NP. Along Middle Fiskville Road to the south, there are commercial uses (Third Coast Auto Sales Group) with LR-NP and CS-NP zoning. The applicant is requesting MF-4-NP zoning for Tract 1 and CS-MU-NP zoning for Tract 2 to allow for the development of residential dwelling units at the periphery of an established neighborhood and commercial uses fronting IH-35/Middle Fiskville Road (please see Applicant’s Request Letter – Exhibit C). In 2010, the North Lamar Combined Neighborhood Plan was devised for this area of the City. The neighborhood plan recommended Single-Family fronting Brownie Drive and Neighborhood Commercial fronting Middle Fiskville Road on the future land use map for this property (please see North Lamar Combined NP FLUM – Exhibit D). On June 24, 2010, the City Council approved the North Lamar Combined Neighborhood Plan along with accompanying …

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Aug. 24, 2021

B-07 (C14-2021-0009 - 1725 Toomey Rd; District 5).pdf original pdf

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C14-2021-0009 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0009 – 1725 Toomey DISTRICT: 5 ZONING FROM: CS TO: MF-6 ADDRESS: 1725 Toomey Road SITE AREA: 0.90 Acres PROPERTY OWNER: 1725 Toomey LLC AGENT: Drenner Group (Amanda Swor) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends multifamily residence highest density (MF-6) district zoning. For a summary of the basis of staff’s recommendation, see page 2 and 3. SMALL AREA PLANNING JOINT COMMITTEE June 2, 2021 Forwarded to Planning Commission without a Recommendation. PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021 Scheduled for Planning Commission July 27, 2021 Approved neighborhood’s request to postpone to August 24, 2021 on the consent agenda. Vote: 10-0. [Commissioner Schneider - 1st, Commissioner Azhar - 2nd; Chair Shaw and Commissioners Howard and Thompson were absent]. July 13, 2021 Approved neighborhood’s request to postpone to July 27, 2021 on the consent agenda. Vote: 8-0. [Vice Chair Hempel - 1st, Commissioner Flores - 2nd; Commissioners Azhar, Howard, Rosa Praxis, Llanes Pulido and Schneider were absent]. CITY COUNCIL ACTION: August 26, 2021 Scheduled for City Council July 29, 2021 Approved staff’s request to postpone to August 26, 2021 on the consent agenda. Vote: 11-0. 1 of 47B-7 C14-2021-0009 2 ORDINANCE NUMBER: ISSUES Staff has received comments in opposition and in favor of this rezoning request. For all written or emailed comments, please see Exhibit C: Correspondence Received. Separate from and prior to this rezoning case being submitted, a tree permit (2020-127211 TP) was filed and approved to remove a heritage tree at this property. The following is a summary of the application timeline from the Community Tree Preservation Division: The application was received on September 4, 2020 and included detailed photographs and a narrative report from a private Certified Arborist. These materials demonstrated the damage to the structure that was caused by the tree. The application also cited internal decay as a cause for concern and was statutorily disapproved pending documentation that supported that claim. On November 16, 2020 a tomography report from Tree Associates, LLC and completed International Society of Arboriculture tree risk assessment form were submitted to the City for further review. It was determined that the damage that was being caused to the structure (the roof of the apartment complex had been physically deformed by the upper stem of the tree), combined with the evidence of the presence of less-sound wood in the lower stem and …

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Aug. 24, 2021

B-08 (C14-2021-0115 - Clawson Heights Residential; District 5).pdf original pdf

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C14-2021-0115 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0115 – Clawson Heights Residential DISTRICT: 5 ZONING FROM: SF-3 TO: SF-5 ADDRESS: 4009 & 4011 Clawson Road SITE AREA: 1.0 acre PROPERTY OWNER: Clawson Heights LLC (Frank Gordon) AGENT: Thrower Design (Ron Thrower) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends urban family residence (SF-5) district zoning. For a summary of the basis of staff’s recommendation, see page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021 Scheduled for Planning Commission CITY COUNCIL ACTION: September 30, 2021 To be Scheduled for City Council ORDINANCE NUMBER: ISSUES There are no known issues at this time. Staff has received comments in favor of this rezoning request. For all written or emailed comments, please see Exhibit C: Correspondence Received. CASE MANAGER COMMENTS: This site is located on the east side of Clawson Road and consists of two lots totaling approximately 1.0 acre in size. It is currently developed with two single-family buildings, one on each lot. One of the buildings is unoccupied and the other has a tenant that is aware redevelopment of the property is possible. Current adjacent zoning to the site consists of SF-3 on the north, east and south. Across Clawson Road to the west is SF-6 and SF-3 zoned properties. Please see Exhibit A: Zoning Map and Exhibit B: Aerial Map. 1 of 11B-8 C14-2021-0115 2 Per the applicant’s rezoning application, they are requesting SF-5 to construct up 10 units. This site is located within the South Lamar Combined NP Area and does not have an adopted future land use map (FLUM). BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought; Zoning changes should promote compatibility with adjacent and nearby uses. The purpose statement for the SF-5 base zoning district states the following: A duplex, two- family, townhouse, or condominium residential use is permitted in an SF-5 district under development standards that maintain single family neighborhood characteristics. Rezoning this property to SF-5 would be consistent with the zoning district’s purpose statement and maintain compatibility with adjacent land uses. EXISTING ZONING AND LAND USES: Zoning Land Uses Site North South East West SF-3 SF-3 SF-3 SF-3 Single-family Single-family Single-family Single-family SF-6 and SF-3 Multi-family (condominium) and Single-family NEIGHBORHOOD PLANNING AREA: South Lamar Combined NP Area - South Lamar (suspended) TIA: TIA shall be required at the time of site plan if …

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Aug. 24, 2021

B-09 (C14-2021-0111 - Parcel 1, 300 & 301 Pressler & 1505 W 3rd St).pdf original pdf

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C14-2021-0111 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0111– Parcel 1, 300/301 Pressler, & 1505 W 3rd St DISTRICT: 9 ZONING FROM: CS-CO-NP TO: LI-PDA-NP ADDRESS: 301 Pressler Street SITE AREA: 1.072 acres (46,696 sq. ft.) PROPERTY OWNER: Pressler RRI, LP (Donald J. Reese) AGENT: Husch Blackwell LLP, (Nikelle Meade) CASE MANAGER Mark Graham (512-974-3574, mark.graham@austintexas.gov ) STAFF RECOMMENDATION: The staff recommendation is to grant limited industrial services – planned development area – neighborhood plan (LI-PDA-NP) combining district zoning. The PDA establishes the CS-MU district for uses and site development regulations, additional conditional and prohibited uses, parking reductions, setback reductions and additional height, as enumerated on pages 4 and 5. For a summary of the basis of staff’s recommendation, see case manager comments on pages 6 and 7. SMALL AREA PLANNING JOINT COMMITTEE August 16, 2021: APPROVED THE STAFF RECOMMENDATION TO GRANT LI PDA- NP COMBINING DISTRICT AND RECOMMEND EMPHASIZING OPEN SPACE, MINIMIZING SUBSURFACE ENVIRONMENTAL DISRUPTION AND MAXIMIZING ACCESS TO PARKLAND. [MUSHTALER; SHIEH- 2ND] (4-0) MEMBERS C. ACOSTA, E. RAY, AND P. HOWARD – ABSENT PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021: CITY COUNCIL ACTION: September 30, 2021 1 of 26B-9 C14-2021-0111 2 ORDINANCE NUMBER: 2 of 26B-9 C14-2021-0111 3 ISSUES The project area is within the Waterfront Overlay and was reviewed by the Small Area Plan Joint Commission on August 16, 2021, prior to Planning Commission. A height variance, increasing maximum building height from 60 feet to 75 feet was approved by the Board of Adjustment on Monday June 14, 2021 (see attachment D: BOA Decision Sheet) prior to the Applicant’s submittal of the Zoning Application. Parking reductions proposed in the PDA have been reviewed by the Austin Transportation Department. (see Exhibit F) CASE MANAGER COMMENTS: There are three case numbers assigned to one development project. Parcels are separated by rights-of-way but will be developed and operated as a single development. Parcel 1 is case C14- 2021-0111; Parcel 2 is C14-2021-0112; and Parcel 3 is C14-2021-0113. Location and Access The three rezoning tracts are all south of the active Union Pacific railroad tracks. Vehicle access to the development will be from both Pressler and Paul Streets. Since those accesses rely on at- grade railroad crossings, there will be safety arms that lower across the streets as trains approach. The applicant is proposing to connect public sidewalk access to the park through the development from both streets. Site and Surrounding …

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Aug. 24, 2021

B-10 (C14-2021-0112 - Parcel 2, 300 & 301 Pressler & 1505 W 3rd St).pdf original pdf

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C14-2021-0112 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0112– Parcel 2, 300/301 Pressler, & 1505 W 3rd St DISTRICT: 9 ZONING FROM: CS-CO-NP TO: LI-PDA-NP ADDRESS: 300 Pressler Street, 1409 & 1501 West 3rd Street SITE AREA: 1.170 acres (50,963 sq. ft.) PROPERTY OWNER: Pressler RRI, LP (Donald J. Reese) AGENT: Husch Blackwell LLP, (Nikelle Meade) CASE MANAGER Mark Graham (512-974-3574, mark.graham@austintexas.gov ) STAFF RECOMMENDATION: The staff recommendation is to grant limited industrial service – planned development area – neighborhood plan (LI-PDA-NP) combining district zoning. The PDA establishes the CS- MU district for uses and site development regulations, additional conditional and prohibited use, parking reductions, setback reductions and additional height, as enumerated on pages 4 and 5. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. SMALL AREA PLANNING JOINT COMMITTEE August 16, 2021: APPROVED THE STAFF RECOMMENDATION TO GRANT LI PDA-NP COMBINING DISTRICT AND RECOMMEND EMPHASIZING OPEN SPACE, MINIMIZING SUBSURFACE ENVIRONMENTAL DISRUPTION AND MAXIMIZING ACCESS TO PARKLAND. [MUSHTALER; SHIEH- 2ND] (4-0) MEMBERS C. ACOSTA, E. RAY, AND P. HOWARD – ABSENT PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021: CITY COUNCIL ACTION: September 30, 2021 ORDINANCE NUMBER: 1 of 25 C14-2021-0112 2 ISSUES The project area is within the Waterfront Overlay and was reviewed by the Small Area Plan Joint Commission on August 16, 2021, prior to Planning Commission. A height variance, increasing maximum building height from 60 feet to 75 feet was approved by the Board of Adjustment on Monday June 14, 2021 (see attachment D: BOA Decision Sheet) prior to the Applicant’s submittal of the Zoning Application. Parking reductions proposed in the PDA are being reviewed by the Austin Transportation Department. CASE MANAGER COMMENTS: There are three case numbers assigned to one development project. Parcels are separated by rights-of-way but will be developed and operated as a single development. Parcel 1 is case C14- 2021-0111; Parcel 2 is C14-2021-0112; and Parcel 3 is C14-2021-0113. Location and Access The three rezoning tracts are all south of the active Union Pacific railroad tracks. Vehicle access to the development will be from both Pressler and Paul Streets. Since those accesses rely on at- grade railroad crossings, there will be safety arms that lower across the streets as trains approach. The applicant is proposing to connect public sidewalk access to the park through the development from both streets. Site and Surrounding Area Parcel 2 is …

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Aug. 24, 2021

B-11 (C14-2021-0113 - Parcel 3, 300 & 301 Pressler & 1505 W 3rd St).pdf original pdf

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C14-2021-0113 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0113– Parcel 3, 300/301 Pressler, & 1505 W 3rd St DISTRICT: 9 ZONING FROM: LI-CO-NP TO: LI-PDA-NP ADDRESS: 1505 West 3rd Street SITE AREA: 0.947 acres (41,257 sq. ft.) PROPERTY OWNER: Pressler RRI, LP (Donald J. Reese) AGENT: Husch Blackwell LLP, (Nikelle Meade) CASE MANAGER Mark Graham (512-974-3574, mark.graham@austintexas.gov ) STAFF RECOMMENDATION: The staff recommendation is to grant limited industrial service – planned development area -neighborhood plan (LI-PDA-NP) combining district zoning. The PDA establishes the CS- MU district for uses and site development regulations, additional conditional and prohibited uses, parking reductions, setback reductions and additional height, as enumerated on pages 4 and 5. For a summary of the basis of staff’s recommendation, see case manager comments on pages 6 and 7. SMALL AREA PLANNING JOINT COMMITTEE August 16, 2021: APPROVED THE STAFF RECOMMENDATION TO GRANT LI PDA-NP COMBINING DISTRICT AND RECOMMEND EMPHASIZING OPEN SPACE, MINIMIZING SUBSURFACE ENVIRONMENTAL DISRUPTION AND MAXIMIZING ACCESS TO PARKLAND. [MUSHTALER; SHIEH- 2ND] (4-0) MEMBERS C. ACOSTA, E. RAY, AND P. HOWARD – ABSENT PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021: CITY COUNCIL ACTION: September 30, 2021 ORDINANCE NUMBER: 1 of 24B-11 C14-2021-0113 2 ISSUES The project area is within the Waterfront Overlay and was reviewed by the Small Area Plan Joint Commission on August 16, 2021, prior to Planning Commission. A height variance, increasing maximum building height from 60 feet to 75 feet was approved by the Board of Adjustment on Monday June 14, 2021 (see attachment D: BOA Decision Sheet) prior to the Applicant’s submittal of the Zoning Application. Parking reductions proposed in the PDA have been reviewed by the Austin Transportation Department. (see Exhibit F) CASE MANAGER COMMENTS: There are three case numbers assigned to one development project. Parcels are separated by rights-of-way but will be developed and operated as a single development. Parcel 1 is case C14- 2021-0111; Parcel 2 is C14-2021-0112; and Parcel 3 is C14-2021-0113. Location and Access The three rezoning tracts are all south of the active Union Pacific railroad tracks. Vehicle access to the development will be from both Pressler and Paul Streets. Since those accesses rely on at- grade railroad crossings, there will be safety arms that lower across the streets as trains approach. The applicant is proposing to connect public sidewalk access to the park through the development from both streets. Site and Surrounding Area Parcel 3 is a …

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Aug. 24, 2021

B-12 (C14-2021-0101 - Verde Square; District 7).pdf original pdf

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ZONING CHANGE REVIEW SHEET DISTRICT: 7 CASE: C14-2021-0101(Verde Square) ADDRESS: 10401 1/2, 10431, 10435, 10505, and 10509 Burnet Road ZONING FROM: NBG-CMU-NP TO: NBG-CMU(Gateway Zone)-NP SITE AREA: 6.22 acres PROPERTY OWNER: 27 Real Estate Ventures, L.P. (J. Anthony Precourt) AGENT: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: Staff recommends NBG-CMU-NP, North Burnet/Gateway-Commercial Mixed Use- Gateway Zone-Neighborhood Plan, district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 28B-12 C14-2021-0101 2 ISSUES: N/A CASE MANAGER COMMENTS: The property in question consists of five vacant parcels that make up a 6+ acre site fronting onto Burnet Road. It is located to the west of the Q2 Soccer Stadium (home of the Austin FC) and is bisected by Bright Verde Way, which runs east-west through the property and provides access from Burnet Road to the stadium. The lot to the north is zoned NBG-CMU- NP and contains a billboard, a surface parking area and an automotive repair use (Discount Tire). To the south, there is the Travis County Precinct 2 office, construction sales and services uses (Lighting Inc., Austin Window Fashions, Affinity Design), a multifamily complex (Windsor Burnet), and office/warehouse development (McKalla Business Park) that are also zoned NBG-CMU-NP. To the east of this site is an outdoor entertainment use (Q2 Stadium) zoned LI-PDA-NP. Across Burnet Road to the west, there is a research and development use (University of Texas JJ Pickle Research Campus). The applicant is requesting to rezone the property from NBG-NP (CMU Subdistrict) to NBG-NP (CMU-Gateway Zone Subdistrict) to redevelop the site with a mixed-use project that will include approximately 386,000 square feet of office space, 33,900 square feet of retail uses, a 160-key hotel, and 280 multi-family residential units (please see Applicant’s Request Letter-Exhibit C). The CMU subdistrict allows an FAR of 3:1 and a maximum building height of up to 180 feet, with development bonuses. Whereas the CMU-Gateway Zone subdistrict allows for an FAR of 8:1 and a maximum building height of up of 308 feet, with development bonuses (please see North Burnet Gateway - CMU subdistrict General Site Development Standards-Exhibit D). Therefore, the proposed CMU-Gateway Zone subdistrict will allow for higher height and density development on this property adjacent to the new Austin FC Soccer Stadium. The staff is recommending the applicant’s request of North Burnet Gateway-Neighborhood Plan (CMU-Gateway Zone Subdistrict) …

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Aug. 24, 2021

B-13 (C14-2021-0017 - 5708 Springdale Road; District 1).pdf original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0017 – 5708 Springdale Road DISTRICT: 1 ZONING FROM: GR-NP TO: GR-MU-NP ADDRESS: 5708 Springdale Road SITE AREA: 1.28 acres (55,756.8 sq. ft.) PROPERTY OWNER: Willie C. Lewis AGENT: Drenner Group, PC (Leah Bojo) CASE MANAGER: Mark Graham (512-974-3574, mark.graham@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – mixed use – neighborhood plan (GR-MU-NP) combining district zoning. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: August 24, 2021: August 10, 2021: July 27, 2021: JUNE 8, 2021: APPROVED POSTPONEMENT REQUEST BY THE APPLICANT TO AUGUST 24, 2021, BY CONSENT. [J. THOMPSON, P. HOWARD 2ND] (7-0) COMMISSIONERS J. CONNOLLY, VICE CHAIR HEMPEL, J. MUSHTALER, ,AND R. SCHNEIDER – ABSENT.C. LLANES PULIDO AND J. SHIEH OFF THE DAIS. APPROVED POSTPONEMENT REQUEST BY THE APPLICANT TO AUGUST 10, 2021, BY CONSENT. [R. SCHNEIDER, A. AZHAR – 2ND] (10-0) CHAIRMAN SHAW, P. HOWARD AND J. THOMPSON – ABSENT. APPROVED POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JULY 27, BY CONSENT. [A. AZHAR, J. MUSHTALER – 2ND] (11-0) COMMISSIONERS Y. FLORES AND J. SHIEH – ABSENT. May 11, 2021: APPROVED A POSTPONEMENT REQUEST BY THE APPLICANT TO JUNE 8, 2021, BY CONSENT. [G. COX, A. AZHAR – 2ND] (12-0) T. SHAW – ABSENT B-131 of 36 C14-2021-0017 2 July 29, 2021: APPROVED POSTPONEMENT REQUEST BY STAFF TO AUGUST 26, 2021. June 10, 2021: APPROVED POSTPONEMENT REQUEST BY STAFF TO JULY 29, 2021. VOTE 11- 0. CITY COUNCIL ACTION: August 26, 2021: ORDINANCE NUMBER: ISSUES There is a Valid Petition on this case. The calculations show that there is a Valid Petition with more than 20% of the ownership in the buffer area in opposition to the rezoning request. A valid petition changes the required votes at 3rd and Final Reading of City Council to a super majority to grant the zoning change. That petitioner’s letter appears in the correspondence attached to the Staff Report. The letter states a preference that other businesses occupy the community commercial (GR) zoned tract. Other residents of the neighborhood also contacted staff to express a preference for commercial uses that would add places of interest for the community. There are two businesses on adjacent lots, one is a café, the other is a performance venue. CASE MANAGER COMMENTS: The rezoning tract is a 1.28-acre (about 55,756 sq. ft) tract of …

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Aug. 24, 2021

B-14 (C14H-2021-0116 - Travis County Fire Control Team Operations Center; District 4).pdf original pdf

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1037 Reinli Street Travis County Fire Control Team Operations Center ZONING CHANGE REVIEW SHEET HLC DATE: July 26, 2021 PC DATE: August 24, 2021 CC DATE: September 30, 2021 (tentative) CASE NUMBER: C14H-2021-0116 APPLICANT: Lee and David Basore (property owners) HISTORIC NAME: Travis County Fire Control Team Operations Center WATERSHED: Urban; Tannehill Branch ADDRESS OF PROPOSED ZONING CHANGE: 1037 Reinli Street ZONING CHANGE: CS-MU-NP to CS-MU-H-NP COUNCIL DISTRICT: 4 STAFF RECOMMENDATION: Staff recommends the proposed zoning change from CS-MU-NP (General Commercial Services-Mixed Use Combining District-Neighborhood Plan Combining District) to CS-MU-H-NP (General Commercial Services-Mixed Use Combining District-Historic Landmark Combining District-Neighborhood Plan Combining District). QUALIFICATIONS FOR LANDMARK DESIGNATION: Historical Associations, Community Value HISTORIC LANDMARK COMMISSION ACTION: Recommend proposed owner-initiated zoning change from CS-MU-NP (General Commercial Services-Mixed Use Combining District-Neighborhood Plan Combining District) to CS-MU-H-NP (General Commercial Services-Mixed Use Combining District-Historic Landmark Combining District-Neighborhood Plan Combining District). PLANNING COMMISSION ACTION: TBD DEPARTMENT COMMENTS: The house is beyond the bounds of any historic resources survey to date. CITY COUNCIL DATE: 9-30-21 (tentative) ORDINANCE READINGS: N/A CASE MANAGER: Kalan Contreras NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District, Austin Lost and Found Pets, Austin Neighborhoods Council, Del Valle Community Coalition, Friends of Austin Neighborhoods, Homeless Neighborhood Association, Neighborhood Empowerment Foundation, Neighbors United for Progress, Preservation Austin, Responsible Growth for Windsor Park, SELTexas, Sierra Club, Austin Regional Group, Windsor Park Neighborhood Association, Windsor Park Neighborhood Plan Contact Team ORDINANCE NUMBER: N/A PHONE: 512-974-2727 ACTION: TBD 1 of 143B-14 1037 Reinli Street Travis County Fire Control Team Operations Center BASIS FOR RECOMMENDATION: The property at 1037 Reinli Street is significant primarily for its historical associations and community value, though its status as an architectural curiosity—a typical Minimal Traditional house used as an emergency services hub—should also be considered. § 25-2-352 (A)(1) Period of Significance. The property is at least 50 years old and represents a period of significance of at least 50 years ago, unless the property is of exceptional importance as defined by National Register Bulletin 22, National Park Service (1996). The property is 82 years old, with a period of significance as the Travis County Fire Control Team Operations Center beginning at the date of Explorer Post 13’s establishment of the Travis County fire brigade in 1961 and ending at the 50-year cutoff in 1971. 1037 Reinli Street remained the organization’s dispatch center until 1982. § 25-2-352 (A)(2) Integrity. The property retains a high degree of integrity, …

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Aug. 24, 2021

B-15 (C14H-2004-0008; HR-2021-085739 - Mitchell-Robertson Building; District 9).pdf original pdf

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APPEAL TO PLANNING COMMISSION HISTORIC LANDMARK COMMISSION DENIAL OF A CERTIFICATE OF APPROPRIATENESS REVIEW SHEET PLANNING COMMISSION: HISTORIC LANDMARK COMMISSION: March 22, 2021, postponed April 26, 2021, postponed May 24, 2021, feedback provided July 26, 2021, denied August 24, 2021 CASE NUMBER: HR-2021-085739 HISTORIC NAME: Mitchell-Robertson Building (C14H-2004-0008) DISTRICT: 9 ADDRESS: 909 Congress Avenue ZONING: CBD-H APPELLANT: Drenner Group, P.C. (Leah Bojo) AGENT: Drenner Group, P.C. (Leah Bojo) PROPERTY OWNER: H. Dalton Wallace PROJECT BACKGROUND: The applicant proposes to carefully deconstruct, store, and reconstruct the building façades at 907, 909, and 911 Congress Ave. as part of a redevelopment project at a later date. The Grandberry Building (907 Congress Ave.) and Mitchell- Robertson Building (909 Congress Ave.) are historic landmarks and require a certificate of appropriateness for this work, which the Historic Landmark Commission (HLC) has granted for 907 but not 909 Congress Ave. The building at 911 Congress Ave. is part of the Congress Avenue National Register historic district but has been too altered to be eligible for landmark designation. Per the applicant, stabilization and repair of the building façades in place is not technically feasible due to the extent of their deterioration, including mortar loss, shear failures and racking, and the infeasibility of shoring the façades during construction of a new tower behind them. The project will ultimately result in accurate reconstruction of the three façades to match their historic appearance, reusing historic materials to the greatest extent possible and accurately replicating missing or damaged elements. APPEAL REQUEST: The applicant has filed an appeal of the HLC’s July 26, 2021 denial of a certificate of appropriateness to deconstruct, store, and reconstruct the façade of 909 Congress Ave. and requests approval of this project. 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 may be appealed to City Council. BUILDING AND STANDARDS COMMISSION ACTION: March 24, 2021: The Building and Standards Commission issued orders for 907, 909, and 911 Congress Ave. requiring that conditions be remedied within 90 days or imposing fines on the property owner. That timeline expired on June 22, 2021. The orders require repairs to fully remedy violations, which include cracks and openings in exterior walls, roof and drainage issues, and missing windows, among other concerns. HISTORIC LANDMARK COMMISSION ACTION: March …

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Aug. 24, 2021

B-16 (C20-2021-007 - North Burnet-Gateway Parkland Dedication).pdf original pdf

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C20-2021-007 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2021-007 North Burnet/Gateway Parkland Dedication Description: Consider an amendment to Title 25 of the City Code to amend the North Burnet/Gateway Regulating Plan to modify certain requirements related to the dedication of parkland. Proposed Language: See attached draft ordinance. Summary of proposed code amendment  An area within the North Burnet/Gateway regulating plan which meets a certain set of criteria is eligible to defer parkland dedication to a future time period.  Criteria include subdivision of at least 20 acres, a Park Plan included with an approved preliminary plan, and a Restrictive Covenant that restricts the use of the future park area to park use.  The timeline includes the posting of fiscal at the appraised value of the future parkland, the dedication of the parkland no more than 10 years from the date of the fiscal, and an annual report to the City of the status of the dedication. Background: Initiated by City Council Resolution 20210729-172 On July 29, 2021, Council approved Resolution No. 20210729-172, initiating an amendment to the North Burnet/Gateway Regulating Plan to allow for development of community parks by providing alternative timelines for the dedication of land to satisfy parkland dedication requirements for development projects; on an 11-0 vote. Staff Recommendation: Staff brings forward the amendment with no recommendation. Board and Commission Actions August 24, 2021: To be reviewed by the Planning Commission. Council Action August 26, 2021: A public hearing has been scheduled. Ordinance Number: NA City Staff: Scott Grantham Phone: 512-974-9457 Email: Scott.Grantham@austintexas.gov 1 1 of 4B-16 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 31 32 33 AN ORDINANCE AMENDING SECTION 4.10.3 OF THE NORTH BURNET- GATEWAY REGULATING PLAN TO ALLOW FOR ALTERNATIVE TIMELINES FOR PARKLAND DEDICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Council adopted the North Burnet-Gateway Regulating Plan in Ordinance No. 20090312-035 and has since amended it on several occasions. PART 2. Pursuant to Subsection (D) of the City Code Section 25-2-767.02 (Regulating Plan), Section 4.10.3 of the North Burnet-Gateway Regulating Plan is amended to add a new Subsection (D) to read as follows: D. Community Parks a. The dedication of land required under Section 25-1-602 (Dedication of Parkland) may be deferred in accordance …

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Aug. 24, 2021

B-17 (C8-2017-0124.1A(VAC).SH - Lightfield (plat vacation); District 1).pdf original pdf

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SUBDIVISION REVIEW SHEET CASE NO.: C8-2017-0124.1A(VAC).SH COMMISSION DATE: August 24, 2021 SUBDIVISION NAME: Lightfield (plat vacation) ADDRESS: 4902 Lott Avenue APPLICANT: 4908 Lott Holdings, LLC AGENT: Mahoney Engineering (Daniel Mahoney) ZONING: SF-6-CO-NP NEIGHBORHOOD PLAN: MLK-183 AREA: 5.01 acres COUNTY: Travis LOTS: 19 DISTRICT: 1 WATERSHED: Fort Branch JURISDICTION: Full Purpose VARIANCE: N/A DEPARTMENT COMMENTS: The request is for the approval of the Lightfield plat vacation. The applicant proposes to vacate the Lightfield subdivision, which is composed of 19 lots on approximately 5.01 acres. Plat vacations are not subject to H.B. 3167 requirements. STAFF RECOMMENDATION: Staff recommends approval of this plat vacation. The vacation of the subdivision meets applicable State and City of Austin Land Development Code requirements. CASE MANAGER: Jennifer Bennett PHONE: 512-974-9002 E-mail: jennifer.bennett-reumuth@austintexas.gov ATTACHMENTS Exhibit A: Location map Exhibit B: Lightfield subdivision (plat to be vacated) Exhibit C: Plat vacation document 1 of 6B-17 Legend 0.6 0 0.30 0.6 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 19,200 Notes LOCATION MAP 2 of 6B-17 3 of 6B-17 4 of 6B-17 5 of 6B-17 6 of 6B-17

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Aug. 24, 2021

B-19 (C8-2018-0165.3A - Cascades at Onion Creek East, Phase Three; District 5).pdf original pdf

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SUBDIVISION REVIEW SHEET LOTS: 120 (William G. Peckman) P.C DATE: August 24, 2021 CASE NO.: C8-2018-0165.3A SUBDIVISION NAME: Cascades at Onion Creek East, Phase Three AREA: 23.1107 acres APPLICANT: M/I Homes of Austin, LLC ADDRESS OF SUBDIVISION: 2333 Cascades Ave WATERSHED: Onion Creek EXISTING ZONING: I-SF-2 PROPOSED LAND USE: Residential / Open Space / Right-of-Way DEPARTMENT COMMENTS: The request is for the approval of Cascades at Onion Creek East, Phase Three, comprised of 120 lots on 23.1107 acres. AGENT: LJA Engineering Inc. (Russell Kotara, P.E.) JURISDICTION: Full Purpose COUNTY: Travis Staff recommends approval of the plat, subject to the conditions listed in the attached comment report. After the conditions are met, the plat will comply with LDC 25-4-84(B). The condition is for the posting of fiscal. This is an administrative action that require no discretionary review. An application that has been approved with conditions may be updated to address those conditions until the application expires and the plat does not need to be heard before the Commission again. STAFF RECOMMENDATION: Staff recommends approval of the plat, subject to the conditions listed in the comment report dated August 17, 2021, and attached as Exhibit C. PHONE: 512-974-3404 CASE MANAGER: Cesar Zavala E-mail: cesar.zavala@austintexas.gov ATTACHMENTS Exhibit A: Vicinity map Exhibit B: Proposed plat Exhibit C: Comment report dated August 17, 2021 1 of 7B-19 2 of 7B-19 08/02/202108/02/20213 of 7B-19 4 of 7B-19 5 of 7B-19 CITY OF AUSTIN –DEVELOPMENT SERVICES DEPARTMENT SUBDIVISION APPLICATION – MASTER COMMENT REPORT CASE NUMBER: REVISION #: CASE MANAGER: C8-2018-0165.3A 00 UPDATE: Cesar Zavala PHONE #: U1 512-974-3404 PROJECT NAME: LOCATION: Cascades at Onion Creek East Phase Three Final Plat 11601 S IH 35 SVRD NB SUBMITTAL DATE: REPORT DUE DATE: August 23, 2021 FINAL REPORT DATE: August 17, 2021 August 9, 2021 STAFF REPORT: This report includes all staff comments received to date concerning your most recent subdivision application submittal. The comments may include requirements, recommendations, or information. The requirements in this report must be addressed by an updated submittal. The subdivision application will be approved when all requirements from each review discipline have been addressed. If you have any questions, concerns or if you require additional information about this report, please contact your case manager at the phone number listed above or by using the contact information listed for each reviewer in this report. Any change to the plan/plat shall not cause noncompliance with any …

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Aug. 24, 2021

Planning Commission August 24 2021 Agenda.pdf original pdf

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Meeting of the Planning Commission August 24, 2021 Planning Commission to be held August 24, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers, including applicants and representatives, must register in advance (Day before the scheduled meeting, August 23, 2021 by noon). To speak remotely at the August 24, 2021 Planning Commission Meeting, residents must: Preferably email the board liaison at andrew.rivera@austintexas.gov or call 512-974-6508 the day before the meeting. The following information is required: 1. The speaker name. 2. Item number(s) they wish to speak on. 3. Whether they are for/against/neutral. 4. Mailing address. 5. Telephone number. Must be the number that will be used to call-in. Failure to provide the required information by noon August 23, 2021 shall render a request null and void. A registered speaker may not sign up another speaker. Previous registration on an item does not automatically roll over. •Once a request to register to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call with additional information regarding the call in process. •Handouts or other information must be emailed to andrew.rivera@austintexas.gov by 1:00 PM Tuesday, August 24, 2021 This information will be provided to Commission members in advance of the meeting. •Residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live Postponement requests must be submitted to the case manager and Andrew Rivera by 5PM Monday, August 23, 2021 Reunión de la Comisión de Planificación Fecha 24 mes de agosto de 2021 La Comisión de Planificación se reunirá el 24 mes de agosto de 2021 con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Llame o envíe un correo electrónico al enlace de la junta en 512-974-6508 andrew.rivera@austintexas.gov a más tardar al mediodía (el día antes de la reunion, 23 mes de agosto de 2021). 1. El nombre del orador. 2. Número (s) de artículo sobre el que desean hablar. 3. Si están a favor / en contra / neutrales. 4. Dirección postal. 5. Número de teléfono. Debe ser el número que se utilizará para llamar a la persona que desea hablar. Si la información solicitada no se envía antes del mediodía del 23 mes de agosto , la solicitud será nula y sin efecto. Un orador registrado no puede registrar a otro orador. El registro …

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Aug. 24, 2021

B-18 (C8-2020-0021.0A - Fort Branch Creek Subdivision; District 1).pdf original pdf

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SUBDIVISION REVIEW SHEET CASE NO.: C8-2020-0021.0A COMMISSION DATE: August 24, 2021 SUBDIVISION NAME: Fort Branch Subdivision ADDRESS: 5016 E. Martin Luther King Jr. Blvd. APPLICANT: Robert Penta AGENT: Jerome Perales (Perales Land Development LLC) ZONING: SF-3-NP (single family residence) NEIGHBORHOOD PLAN: MLK-183 AREA: 2.9 acre (30,642 sf) COUNTY: Travis LOTS: 8 DISTRICT: 1 WATERSHED: Fort Branch JURISDICTION: Full Purpose VARIANCES: none DEPARTMENT COMMENTS: The request is for the approval of the Fort Branch Subdivision composed of 8 lots on 2.9 acres. STAFF RECOMMENDATION: Staff recommends disapproval of the plat for the reasons listed in the comment report dated August 19, 2021, and attached as Exhibit C. The plat does not comply with the criteria for approval in LDC 25-4-84(B) and staff recommends disapproval for the reasons listed in the attached comment report. An application that has been disapproved with reasons may be updated to address those reasons until the application expires. If the applicant submits an update to address the reasons for disapproval, that update will be presented to the Land Use Commission within fifteen days of submittal. CASE MANAGER: Cesar Zavala E-mail: cesar.zavala@austintexas.gov PHONE: 512-974-3404 ATTACHMENTS Exhibit A: Vicinity map Exhibit B: Proposed plat Exhibit C: Comment report dated August 19, 2021 Legend Street Labels Jurisdiction FULL PURPOSE LIMITED PURPOSE OTHER CITY LIMITS OTHER CITIES ETJ Jurisdiction FULL PURPOSE LIMITED PURPOSE EXTRATERRITORIAL JURISDICTION 2 MILE ETJ AGRICULTURAL AGREEMENT EXTRATERRITORIAL JURISDICTION 2 MILE ETJ AGRICULTURAL AGREEMENT OTHER CITY LIMITS OTHER CITIES ETJ 0.3 0 0.14 0.3 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 8,785 Notes SUBDIVISION NAME: Fort Branch Subdivision ADDRESS: 5016 E. Martin Luther King Jr. Blvd. FORT BRANCH CREEK SUBDIVISION LEGEND 1/2" ROD FOUND 1/2" ROD SET M MAG NAIL FOUND CALCULATED POINT ELECTRIC DISTRIBUTION/TELECOM. ESMT ETE SSE WWE P.O.B. SANITARY SEWER ESMT WATER/WASTEWATER ESMT POINT OF BEGINNING SIDEWALK BEARING BASIS: BEARINGS ARE GRID NORTH BASED ON THE TEXAS COORDINATE SYSTEM CENTRAL TEXAS ZONE (4203) NAD83 HARN HORIZONTAL CONTROL. LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 BEARING N 62°37'24" W N 62°37'24" W N 64°35'54" W S …

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Aug. 24, 2021

B-07 - Late Backup.pdf original pdf

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Clark, Kate From: Sent: To: Subject: Jim Karabaic Monday, August 23, 2021 10:35 PM Clark, Kate opposition to rezoning of 1725 Toomey Road property *** External Email - Exercise Caution *** Hello Ms. Clark, I am submitting this letter in opposition to the proposed 'rezoning' of the property at 1725 Toomey Rd. I have been a resident here for many years, and I believe the 'rezoning' of this property will only worsen a safety issue that we are already dealing with. As you may know, there are several 'events' held throughout the year at Zilker Park and the surrounding grounds. Whenever we have one of these events such as ACL Festival, Blues on the Green, The Trail of Lights, etc, we experience a large traffic jam all along our streets (Toomey Road and Sterzing avenue). The safety concern is this: With cars packing both sides of the road and traffic at a standstill (it's like a full parking lot with cars barely moving for hours at a time), there is absolutely NO WAY that the city would be able to get a fire truck down here, or an EMS vehicle, or a police officer. When we are 'blocked in' by these (already existing) traffic jams, we are at grave risk ‐ if we were in need of the services of the Austin Fire Department, the Austin EMS, or the police. Rezoning this property and increasing the population here (fivefold) will only make it much worse. The current number of units here is about forty. The proposal for 'rezoning' includes a request for up to 215 units here. This is simply going to make the location even more 'unsafe', because it will just lead to even more cars and more crowding. Does the City of Austin have plans to completely 'relocate' the Austin City Limits Music Festival or the Blues on the Green, or the Trail of Lights? Do they have a plan to use the 'Starflight Helicopter here? Will it land in the baseball fields? Finally, there is a legitimate concern to preserve at least some 'affordable housing' in the downtown Austin area. The people who live here are teachers, nurses, airline pilots, and state workers. My neighbors are hard working people, and we are not millionaires. This area already has several high rise buildings in which the rents start at $2,000.00 a month and go up from there. New …

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Aug. 24, 2021

B-15 Additional Backup.pdf original pdf

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From: Dewitt Peart < Sent: Monday, August 23, 2021 8:03 AM To: Brummett, Elizabeth <Elizabeth.Brummett@austintexas.gov> Cc: Subject: 909 Congress Avenue appeal *** External Email - Exercise Caution *** Elizabeth, please forward this note to the members of the Historic Landmark Commission in advance of their meeting on Tuesday, August 24, 2021. Dear Commissioners, I write to you in support of item 15 on your August 24, 2021 agenda, an appeal of the Historic Landmark Commission’s denial of a Certificate of Appropriateness for the deconstruction and reconstruction of 909 Congress Avenue facade. The Downtown Austin Alliance is supportive of the plan to reconstruct this historic façade, along with those at 907 and 911 Congress Avenue, and understand that without this first step that process will not be able to proceed. We look forward to working with the applicant as the project evolves and are comforted to know that there will be a restrictive covenant on the property requiring that the owner has only three years to replace the facades. This gives us the assurance that within that timeframe this portion of Congress Avenue will be reconstructed in keeping with the historic nature of the avenue. We understand that there is broad support for this proposal and we join in that support. We ask that you vote for this appeal. Sincerely, Dewitt Peart

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Aug. 24, 2021

B-15 Appeal Support.pdf original pdf

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Backup

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Aug. 24, 2021

B-16 NBG Amendments Updated Draft Ordinance for PC Clean Version.pdf original pdf

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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 31 32 33 34 Version Two ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.10.3 OF THE NORTH BURNET- GATEWAY REGULATING PLAN TO ALLOW FOR ALTERNATIVE TIMELINES FOR PARKLAND DEDICATION AND WAIVING REQUIREMENTS IN CITY CODE SECTION 25-1-502 FOR PLANNING COMMISSION REVIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Council adopted the North Burnet-Gateway Regulating Plan in Ordinance No. 20090312-035 and has since amended it on several occasions. PART 2. Pursuant to Subsection (D) of City Code Section 25-2-767.02 (Regulating Plan), Section 4.10.3 of the North Burnet-Gateway Regulating Plan is amended to add a new Subsection (D) to read as follows: D. Community Parks a. The dedication of land required under Section 25-1-602 (Dedication of Parkland) may be deferred in accordance with the alternative parkland dedication timeline described in Paragraph 4.10.3.D.b if the development meets the following requirements: i. The original tract before the development was subdivided consisted of at least 20 acres. ii. The preliminary plan or the final plat includes a parks plan approved by the Director of the PARD that identifies community parks that will serve all the residents of the subdivision (“Parks Plan”). iii. The parkland to be dedicated (“Future Park Area”) must be located within the boundaries of the preliminary plan and subject to the Parks Plan. iv. The owner of the Future Park Area executes a covenant with the City that restricts the use of the Future Park Area to park purposes, with limited exceptions that must be approved by the Director of the PARD prior to recordation. v. The development project provides an additional significant public benefit as determined in the City’s discretion. 8/23/2021 5:07 PM Page 1 of 2 COA Law Department 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 63 64 65 66 67 68 69 b. Alternative Parkland Dedication Timeline. If a development meets the requirements under Paragraph 4.10.3.D.a, the applicant may use the following process to dedicate land required to fulfill parkland dedication requirements: i. At the time of site plan review for an application that requires parkland dedication, the applicant shall post …

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