TO: L A W D E P A R T M E N T M E M O R A N D U M ZONING AND PLATTING COMMISSION FROM: PATRICIA LINK, DIVISION CHIEF, LAND USE AND REAL ESTATE DATE: MARCH 28, 2022 SUBJECT: C14-2018-0124 –RIVER PLACE (MILKY WAY) ZONING & RESTRICTIVE COVENANT This memorandum concerns the neighborhood traffic analysis (NTA) referenced in a public restrictive covenant (RC) associated with Zoning Case C14-2018-0124 for property located on Milky Way Drive (Milky Way). In 2020, City staff and the property owner recorded an affidavit to correct the date of the NTA referenced in the RC. As explained below, this action did not amend or terminate the RC and Council approval was not required. SUMMARY OF THE ZONING CASE HISTORY AND RESTRICTIVE COVENANT ACTIONS In 2018, the property owner (applicant) applied to rezone the property from development reserve (DR) to single family residence large lot-conditional overlay (SF-1-CO). City staff conducted an NTA based on the applicant’s request (Original NTA). The Commission forwarded the request to Council without a recommendation. Before Council considered the case, the applicant amended the rezoning request from SF-1-CO to townhouse and condominium residence-conditional overlay (SF-6-CO). The Commission considered the amended request and forwarded it to Council without a recommendation. After the Commission considered the amended request, City staff revised the Original NTA based on the amended rezoning application (Revised NTA) and included the Revised NTA in Council’s backup materials. Because SF-6-CO was the request presented to Council, the Revised NTA is the controlling NTA. At third reading, Council rezoned the property to SF-6-CO. The applicant signed a RC related to the NTA.1 This RC was recorded in the real property records. See Exhibit A. Subsequently, the applicant notified City staff that the RC did not reference the correct NTA (i.e. Revised NTA). City staff confirmed that the RC included an error because it referenced the Original NTA, not the controlling NTA (i.e. Revised NTA). A correction document does not amend or terminate an existing recorded document but, instead, preserves the validity of the recorded document while still ensuring accurate official records. State law establishes the requirements for correction documents. To correct the date of the NTA, the City and the applicant signed and recorded a correction affidavit. See Exhibit B. The correction affidavit met the requirements in state law and, as a result, does not amend or terminate the …
Zoning and Platting Commission, City of Austin, Budget Recommendations FY 2022-2023 The Zoning and Platting Commission respectfully urges City Council Members to consider the following recommendations regarding the City of Austin FY 2022-2023 budget. Housing and Planning Department: • Ensure adequate staffing and resources in all City income-restricted housing programs to timely monitor compliance with income restricted housing requirements including the number of units provided, how quickly the units are filled, and whether health and safety maintenance is provided on a regular and sufficient basis. • Provide more funding for partial down payment assistance which was listed as the greatest barrier to purchasing a home in the Neighborhood Housing Community Development’s comprehensive analysis of impediments to housing to leverage limited dollars. The analysis was based on the participation of 6,000 low-income residents, 43% of the participants were of color. • Provide recurring annual funding for anti-displacement programs to help prevent and mitigate involuntary displacement of low-income families, families of color, and small community-based businesses in Austin. • Provide resources and staffing necessary to investigate application of neighborhood-based median family income standards in low income areas of the City to facilitate equitable access to scarce affordable housing resources. • Provide adequate planning staff and resources to initiate and facilitate concurrent small area planning processes for: o Equitable Transit Oriented Development associated with Project Connect. o Displacement prevention and mitigation in project connect corridors, low- income neighborhoods, and communities of color in the Eastern Crescent. o Historic surveys of neighborhoods and community assets impacted by rapid redevelopment and displacement in the Eastern Crescent. Development Services Department: cost savings. • Facilitate application reviews for increased transparency, faster review times, and • Ensure adequate staffing and resources to timely update Amanda and GIS with information on localized flooding and wildfire interface. • Ensure staffing levels are adequate to meet ensure review times and facilitate code compliance. Increase staffing for construction and environmental inspections to ensure that all public infrastructure is built according to approved requirements and to address the $261,617 decrease in funding from the FY 2020-2021 budget. • Provide funding to facilitate implementation of City wildfire prevention and preparedness programs, and Firewise programs. Fire: • Page 1 of 2 Zoning and Platting Commission, City of Austin, Budget Recommendations FY 2022-2023 Code Enforcement: • Ensure adequate staffing and resources to proactively monitor and enforce compliance with health and safety regulations by commercial residential developments …
ZONING AND PLATTING COMMISSION RECOMMENDATION 20220329-C-01 Subject: Restrictive covenant associated with rezoning case C14-2018-0124 - River Place Motioned By: Commissioner King Seconded By: Commissioner Greenberg Date: March 29, 2022 Recommendation The Zoning and Platting Commission requests Council consider pausing the development review related to development located on Milky Way Drive until discrepancies surrounding the Conditional Overlay and the Restrictive Covenant associated with rezoning case C14-2018-0124 - River Place are resolved. For: Chair Barrera-Ramirez, Vice-Chair Kiolbassa, Commissioners Acosta, Denkler, Greenberg, King, Thompson and Woody. Vote : 8-0 Against: None Abstain: None Absent: Commissioners Boone and Stern Off the dais: Commissioner Smith Attest: Andrew D. Rivera Liaison to Planning Commission
ZONING AND PLATTING COMMISSION RECOMMENDATION 20220329-C-2 Motioned By: Vice-Chair Kiolbassa Seconded By: Chair Barrera-Ramirez For: Chair Barrera-Ramirez, Vice-Chair Kiolbassa, Commissioners Acosta, Denkler, Greenberg, King, Thompson and Woody. Date: March 29, 2022 Subject: FY 2022-2023 Budget Recommendation Please see attachment. Vote : 8-0 Against: None Abstain: None Absent: Commissioners Boone and Stern Off the dais: Commissioner Smith Attest: Andrew D. Rivera Liaison to Zoning and Platting Commission Zoning and Platting Commission, City of Austin, Budget Recommendations FY 2022-2023 The Zoning and Platting Commission respectfully urges City Council Members to consider the following recommendations regarding the City of Austin FY 2022-2023 budget. Housing and Planning Department: • Ensure adequate staffing and resources in all City income-restricted housing programs to timely monitor compliance with income restricted housing requirements including the number of units provided, how quickly the units are filled, and whether health and safety maintenance is provided on a regular and sufficient basis. • Provide more funding for partial down payment assistance which was listed as the greatest barrier to purchasing a home in the Neighborhood Housing Community Development’s comprehensive analysis of impediments to housing to leverage limited dollars. The analysis was based on the participation of 6,000 low-income residents, 43% of the participants were of color. • Provide recurring annual funding for anti-displacement programs to help prevent and mitigate involuntary displacement of low-income families, families of color, and small community-based businesses in Austin. • Provide resources and staffing necessary to investigate application of neighborhood-based median family income standards in low income areas of the City to facilitate equitable access to scarce affordable housing resources. • Provide adequate planning staff and resources to initiate and facilitate concurrent small area planning processes for: o Equitable Transit Oriented Development associated with Project Connect. o Displacement prevention and mitigation in project connect corridors, low- income neighborhoods, and communities of color in the Eastern Crescent. o Historic surveys of neighborhoods and community assets impacted by rapid redevelopment and displacement in the Eastern Crescent. Development Services Department: cost savings. • Facilitate application reviews for increased transparency, faster review times, and • Ensure adequate staffing and resources to timely update Amanda and GIS with information on localized flooding and wildfire interface. • Ensure staffing levels are adequate to meet ensure review times and facilitate code compliance. Increase staffing for construction and environmental inspections to ensure that all public infrastructure is built according to approved requirements and to address …
Regular Meeting ZONING & PLATTING COMMISSION Tuesday, March 29, 2022 The Zoning & Platting Commission convened in a meeting on Tuesday, March 29, 2022 @ http://www.austintexas.gov/page/watch-atxn-live Chair Barrera-Ramirez called the Commission Meeting to order at 6:11 p.m. Commission Members in Attendance: Cesar Acosta Ann Denkler – Parliamentarian Betsy Greenberg David King Jolene Kiolbassa – Vice-Chair Nadia Barrera-Ramirez – Chair Hank Smith Carrie Thompson Roy Woody Absent Scott Boone Lonny Stern EXECUTIVE SESSION (No public discussion) The Zoning & Platting Commission will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The Commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION The first four (4) speakers signed up prior to the speaker registration deadline will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. APPROVAL OF MINUTES 1. Approval of minutes from March 1, 2022. Motion to approve minutes from March 1, 2022 was approved on the consent agenda on the motion by Commissioner Smith, seconded by Vice-Chair Kiolbassa on a vote of 9-0. Commissioners Boone and Stern absent. B. PUBLIC HEARINGS 1. Zoning and C14-2021-0155 - Lyndhurst Rezoning; District 6 Rezoning: Location: 13424 Lyndhurst Street, 13443 N FM 620 Road North Bound, Lake Creek Watershed Owner/Applicant: Naiser Holdings, LLC Agent: Request: Staff Rec.: Staff: Thrower Design LLC (A. Ron Thrower) GR-CO and I-SF-2 to CS-MU Recommendation of GR-MU-CO Sherri Sirwaitis, 512-974-3057, sherri.sirwaitis@austintexas.gov Housing and Planning Department Public Hearing closed. Motion by Commissioner Greenberg, seconded by Commissioner Woody to grant Staff’s recommendation of GR-MU-CO combining district zoning for C14-2021-0155 - Lyndhurst Rezoning located at 13424 Lyndhurst Street, 13443 N FM 620 Road North Bound on a vote of 8-1. Commissioner Smith voted nay. Commissioners Boone and Stern absent. 2. Zoning: C14-2022-0014 - Sprinkle Cutoff Rd Rezoning; District 1 11000 Sprinkle Cutoff Rd, Walnut Creek Watershed Sprinkle Creek Corporation (Glenn Bauries) Kimley-Horn and Associates (Amanda Brown) I-RR to SF-6 Recommended Heather Chaffin, 512-974-2122, heather.chaffin@austintexas.gov Housing and Planning Department Location: Owner/Applicant: Agent: Request: Staff Rec.: Staff: Motion by Commissioner Denkler, seconded by Commissioner King to postpone this item by the Zoning and Platting Commission to May 17, 2022 was approved on a vote of 6-3. Chair Barrera- Ramirez, …
ZONING CHANGE REVIEW SHEET CASE: C14-2021-0003 (Sun Auto) DISTRICT: 6 ZONING FROM: LR TO: GR-MU-CO* * On December 14, 2021, the applicant submitted a letter amending their request from GR zoning to GR- MU-CO zoning (please see Applicant's Amendment Request - Exhibit D). ADDRESS: 2610 ½ South Lakeline Boulevard SITE AREA: 3.2437 acres PROPERTY OWNER: Ozone Technology Inc. (Thomas J. Wolf, Jr.) AGENT: Thrower Design (A. Ron Thrower) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMENDATION: The staff recommends GR-MU-CO, Community Commercial-Mixed Use-Conditional Overlay Combining District, zoning. The proposed conditional overlay will prohibit the following uses on the site: Automotive Repair Services, Automotive Sales, Automotive Washing (of any type), Bail Bond Services, Drop Off Recycling Collection Facility, Funeral Services, Hotel/Motel, Outdoor Entertainment, Outdoor Sports and Recreation, Pawn Shop Services, Service Station and Club or Lodge. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: May 4, 2021: Approved staff's request for a postponement to May 18, 2021, by consent (8-0, C. Acosta and E. Ray-absent); H. Smith-1st, D. King-2nd. May 18, 2021: Approved applicant's request for a postponement to June 15, 2021, by consent (9-0, A. Denkler-off the dais); H. Smith-1st, D. King-2nd. June 15, 2021: Motion to reopen the public hearing and postpone to August 3, 2021 by the Commission (9-0, C. Thompson-No); H. Smith-1st, J. Kiolbassa-2nd. August 3, 2021: Approved applicant's request for a postponement to September 21, 2021 by consent (9-0, A. Denkler-off the dais); H. Smith-1st, C. Thompson-2nd. September 21, 2021: Approved the staff's request for a postponement to October 19, 2021 by consent (11-0); H. Smith-1st, C. Thompson-2nd. October 19, 2021: Postponed indefinitely at the Commission's direction by consent (10-0); H. Smith, C. Acosta-2nd. February 15, 2022: Postponed to March 1, 2022 at the applicant's request by consent (9-0, C. Acosta-absent); H. Smith-1st, J. Kiolbassa-2nd. March 1, 2022 CITY COUNCIL ACTION: ORDINANCE NUMBER: 1 of 19B-1 C14-2021-0003 ISSUES: 2 The applicant submitted an e-mail on February 8, 2022 that established a new representative/ agent for this case (please see Exhibit E). CASE MANAGER COMMENTS: The property in question is undeveloped and moderately vegetated. There is floodplain along the eastern portion of the tract (please see Aerial Map – Exhibit B). The site is located to the northwest of Lakeline Mall on South Lakeline Boulevard. The front portion of this property is within the City of Austin and takes access to S. Lakeline Boulevard. The rear portion of …
MEMORANDUM ************************************************************************ TO: Nadia Barrera-Ramirez, Chair Zoning and Platting Commission Members Heather Chaffin, Senior Planner Housing and Planning Department FROM: DATE: March 1, 2022 RE: ************************************************************************ Staff requests a postponement of this case from the March 1, 2022 ZAP agenda to the April 5, 2022 agenda. Staff and the Applicant are still resolving transportation issues related to this request. Agave Annex C14-2021-0141 Postponement request by Staff B-21 of 4 From: Mike Simpson Sent: Friday, May 28, 2021 2:31 PM To: 'Glenn Weichert' ; Chaffin, Heather <Heather.Chaffin@austintexas.gov>; 'Tiffany Conner' ; 'Ron Lussier' Subject: RE: Zoning Hearing for Nearby Multi-Family Apts. Near SoWC Entrance on Bowery Trail Heather / Glenn: Yes, we will agree to just this one postponement. Thanks. ~Mike **************************** Mike Simpson 11801 Bowery Place Austin, TX 78753-7111 Phone: (512) 284-9907 From: Glenn Weichert Sent: Friday, May 28, 2021 2:01 PM To: Chaffin, Heather <Heather.Chaffin@austintexas.gov> Cc: Mike Simpson Subject: RE: Zoning Hearing for Nearby Multi-Family Apts. Near SoWC Entrance on Bowery Trail Okay with me, we need the postponement. Mike? Glenn K. Weichert The Weichert Law Firm 3821 Juniper Trace, Suite 106 Austin, Texas 78738 (512) 263-2666 ext. 101 Fax: (512) 263-2698 http://weichertlaw.com CONFIDENTIALITY NOTICE: The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank you. From: Chaffin, Heather <Heather.Chaffin@austintexas.gov> Sent: Friday, May 28, 2021 12:16 PM To: Mike Simpson ; Glenn Weichert B-22 of 4 Subject: RE: Zoning Hearing for Nearby Multi-Family Apts. Near SoWC Entrance on Bowery Trail Thank you! I spoke to the applicant and they say they are fine with that date with the agreement that additional postponements will not be requested. From: Mike Simpson Sent: Friday, May 28, 2021 12:02 PM To: Chaffin, Heather <Heather.Chaffin@austintexas.gov>; Glenn Weichert Subject: Re: Zoning Hearing for Nearby Multi-Family Apts. Near SoWC Entrance on Bowery Trail Heather Let's shoot for July 6th. Mike From: Chaffin, Heather Sent: Friday, May 28, 2021 11:29 AM To: Glenn Weichert Cc: Mike Simpson Subject: RE: Zoning Hearing for Nearby Multi-Family Apts. Near SoWC …
ZONING CHANGE REVIEW SHEET CASE: C14-2021-0159 Vaught Ranch Rezoning DISTRICT: 10 ZONING FROM: I-RR TO: GO-MU ADDRESS: 6529 Vaught Ranch Road SITE AREA: 5.059 acres PROPERTY OWNER: Michael Hart AGENT: Dunaway Associates (Meg Greenfield) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request for rezoning to GO-MU. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: March 1, 2022: February 15, 2022: Postpone to March 1, 2022 at request of Zoning and Platting Commission, approved unanimously. January 18, 2021: Postpone to February 15, 2022 at request of Zoning and Platting Commission, approved on consent. CITY COUNCIL ACTION: ORDINANCE NUMBER: B-3 ISSUES: A portion of the property is located within the 100 year flood plain, and the remainder of the property is located within Critical Water Quality and Water Quality Transition Zones (CWQZ and WQTZ). The majority of the property is located in the WQTZ and is therefore limited by Code to 18% impervious cover. Consequently, the rezoning is primarily requested to determine land uses, setbacks and building height. Please see Exhibit C- Applicant Letter. CASE MANAGER COMMENTS: The subject property is located on the south side of FM 969 approximately 2 miles west of Loop 360. The existing I-RR zoning was applied to the property when the area was annexed in 2007. The undeveloped property is located within the West Bull Creek watershed and subject to Water Supply Suburban regulations and is also subject to Hill Country Roadways and Scenic Roadways zoning overlays. Although the property is addressed on Vaught Ranch Road, access to the road is not possible. The subject property will take access to FM 2222. Surrounding properties to the south, west and east are zoned I-RR and RR, as well as unzoned property in the ETJ. Significant portions of the surrounding area are undeveloped but there are some developed properties in the area. Land uses in the I-RR zoned area include medical offices, professional offices, multifamily residential and an electric substation. Properties in the RR zoned area are single family residential. Across FM 2222 to the north are properties zoned PUD, LR and GR-CO These properties include a mix of commercial and office land uses. Please see Exhibits A and B—Zoning Map and Aerial Exhibit. Staff supports the rezoning request to GO-MU. As stated in the Issues section, the …
MEMORANDUM ************************************************************************ TO: Nadia Barrera-Ramirez, Chair Members of the Zoning and Platting Commission February 24, 2022 Housing and Planning Department C814-2009-0139.03 – Bull Creek PUD Amendment #3 FROM: Wendy Rhoades DATE: RE: ************************************************************************ The Staff requests a postponement of the above-referenced PUD amendment case to April 19, 2022 in order to continue review of the Applicant’s request and schedule the case for review by the Environmental Commission. The Applicant does not object to the Staff’s request. Attachment: Map of Property 1 of 2B-4 LA LA J A M B O R E E C T B A C K C T ( ( C O U R T Y A R D C V ( ( ( C O U R T Y A R D D R ( ( ( ( ( ( ( V C A W A K N A R A K ( UNDEV 93 - 01 2 0 SF-6 ( ( 97-0089 ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( LITTLE B ULL C V ( ( ( ( ( ( ( ( ( ( PUD V ( N C O T G RIN R A H ( ( ( ( ( ( ( ( ( ( ( M W T O ( ( ( ( R N D ( T E O O ( ( ( ( ( ( ( ( ( ( ( ( 81-020 ( ( C814-75-0201 ( ( ( ( ( ( ( PUD ( ( ( ( ( ( ( ( ( ( E T IN N U O ( R C ( ( ( ( ( ( ( ( ( PUD ( ( ( C IL C V ( PUD ( ( ( ( ( ( ( CONE CIR ( ( ( ( ( ( ( ( ( S S C O U T ( ( I S L A N D C I R ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( PUD ( ( ( ( ( ( ( ( ( ( I ( R C N O T S U O H M A S ( ( ( ( ( ( ( ( ( ( S C O U T BLUFF D CIR N A L T IS U O C N S …
ZONING CHANGE REVIEW SHEET SITE AREA: 8.977 acres ZONING TO: MF-4 CASE: C14-2021-0161 – West William Cannon Housing DISTRICT: 5 ZONING FROM: LO-CO ADDRESS: 3101 West William Cannon Drive PROPERTY OWNER: Jubilee Christian Center (Jimmy R. Seal) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant multifamily residence – moderate-high density (MF-4) district zoning. For a summary of the basis of Staff’s recommendation, see page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: March 1, 2022: February 1, 2022: APPROVED A POSTPONEMENT REQUEST BY THE APPLICANT TO MARCH 1, 2022 [H. SMITH; B. GREENBERG – 2ND] (10-0) T. BRAY – NOT PRESENT FOR PASSAGE OF THE CONSENT AGENDA January 18, 2022: APPROVED A POSTPONEMENT TO FEBRUARY 1, 2022 [H. SMITH; C. ACOSTA – 2ND] (10-0) R. WOODY – OFF THE DAIS January 4, 2022: APPROVED A POSTPONEMENT REQUEST BY THE ADJACENT PROPERTY OWNER WITH THE APPLICANT IN AGREEMENT, TO JANUARY 18, 2022, BY CONSENT. December 21, 2021: APPROVED A POSTPONEMENT TO JANUARY 4, 2021 [A. DENKLER; H. SMITH – 2ND] (10-0) T. BRAY – OFF THE DAIS [H. SMITH; R. WOODY – 2ND] (9-0) C. THOMPSON – OFF THE DAIS; J. KIOLBASSA – ABSENT December 7, 2021: MEETING CANCELLED; RENOTIFICATION REQUIRED CITY COUNCIL ACTION: March 3, 2022: ORDINANCE NUMBER: 1 of 64B-5 C14-2021-0161 Page 2 ISSUES: The rezoning area is subject to a public Restrictive Covenant for Unified Development and Maintenance of Drainage Facilities which was executed in 2005 prior to final approval and release of a Site Plan (SP-04-0757C – Jubilee Christian Center). The existing buildings and parking area are located on the adjacent Lots 56-58, and is presently occupied by Impact Family Church. The water quality and detention / irrigation ponds are shown on Lots 53 and 54 which is part of the rezoning area. An additional building and parking area (unbuilt, associated with the church) is shown on Lot 55 and 56. The Applicant has met with representatives of the Persimmon Hollow Condominiums on William Cannon, the adjacent community to the west. Petition information is attached. The petition currently stands at 0.70%, and will increase following receipt of original signatures from several adjacent property owners. All correspondence received from adjacent residents is attached at the back of the Staff report. CASE MANAGER COMMENTS: The subject undeveloped property consists of six platted lots and a vacated right-of-way with approximately 1,450 linear feet of …
ZONING & PLATTING COMMISSION AGENDA Tuesday, March 1, 2022 The Zoning and Platting Commission will convene at 6:00 PM on Tuesday, March 1, 2022 at Austin City Hall, Council Chambers, Room 1001 301 W. Second Street, Austin, TX. Some members of the Zoning and Platting Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Cesar Acosta Nadia Barrera-Ramirez – Chair Scott Boone Ann Denkler – Parliamentarian Betsy Greenberg David King – Secretary Jolene Kiolbassa – Vice-Chair Hank Smith Lonny Stern Carrie Thompson Roy Woody EXECUTIVE SESSION (No public discussion) The Zoning & Platting Commission will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel on matters specifically listed on this agenda. The commission may not conduct a closed meeting without the approval of the city attorney. Private Consultation with Attorney – Section 551.071 PUBLIC COMMUNICATION The first four (4) speakers signed up prior to the speaker registration deadline will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. A. APPROVAL OF MINUTES 1. Approval of minutes from February 15, 2022. Attorney: Patricia Link, 512-974-2173 Commission Liaison: Andrew Rivera, 512-974-6508 B. PUBLIC HEARINGS C14-2021-0003 - Sun Auto; District 6 2610-½ South Lakeline Boulevard, Buttercup Creek Watershed 1. Rezoning: Location: Owner/Applicant: Ozone Technology Inc. (Thomas J. Wolf, Jr.) Agent: Request: Staff Rec.: Staff: Pohl Partners (Jennie Braasch), Thrower Design LLC (A. Ron Thrower) LR to GR-MU-CO Recommended Sherri Sirwaitis, 512-974-3057, sherri.sirwaitis@austintexas.gov Housing and Planning Department 2. Rezoning: Location: C14-2021-0141 - Agave Annex; District 1 7902 W Rogers Ln & 4708 Rogers Ln, Walnut Creek and Elm Creek Watersheds Owner/Applicant: Agave Brown, Ltd. (by 1500 Oliver GP, LLC, its General Partner) (David Agent: Request: Staff Rec.: Staff: Postponement Request Foor) Drenner Group PC (Leah Bojo) SF-2 to SF-4A Pending Heather Chaffin, 512-974-2122, hchaffin@austintexas.gov Housing and Planning Department Postponement request by Staff to April 5, 2022 3. Zoning: C14-2021-0159 - Vaught Ranch Rezoning; District 10 6529 Vaught Ranch Road, West Bull Creek Watershed Location: Owner/Applicant: Michael Hart Agent: Request: Staff Rec.: Staff: Dunaway (Meg Greenfield) I-RR to GO-MU Recommended Heather Chaffin, 512-974-2122, heather.chaffin@austintexas.gov Housing and Planning Department 4. Rezoning: Location: C814-2009-0139.03 - Bull Creek PUD Amendment #3; District 10 5305, 5400, 5404, 5408, 5505 Paradox Cove; 4909, 4915-1/2, 4929 FM 2222 Road, Bull Creek Watershed; Lake …
Joseph Reynolds Rivera, Andrew Brummett, Elizabeth; Carolyn Croom Re: Request to Postpone at ZAP Friday, February 25, 2022 1:54:00 PM March 29th is fine. Just later than Election Day. From: To: Cc: Subject: Date: Thanks. Joseph Reynolds 2611 West 49th St Austin, Texas 78731 512-454-8880(h) 512-297-4841(c) On Feb 25, 2022, at 1:42 PM, Rivera, Andrew <Andrew.Rivera@austintexas.gov> wrote: Received. Thank you, Mr. Reynolds. Please provide a postponement date. See available meeting dates below. -----Original Message----- From: Joseph Reynolds < Sent: Friday, February 25, 2022 1:35 PM To: Rivera, Andrew <Andrew.Rivera@austintexas.gov>; Brummett, Elizabeth <Elizabeth.Brummett@austintexas.gov>; Carolyn Croom <> Subject: Request to Postpone at ZAP *** External Email - Exercise Caution *** March 29, 2022 April 5, 2022 Apr. 19, 2022 Joseph Reynolds 2611 West 49th St Austin, Texas 78731 512-454-8880(h) 512-297-4841(c) CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.
From: To: Cc: Subject: Date: Victoria Sirwaitis, Sherri Rivera, Andrew; Ron Thrower PP Request - "Sun Auto" - C14-2021-0003 Friday, February 25, 2022 10:12:45 PM *** External Email - Exercise Caution *** Sherri – We request a postponement of this case from the March 1st ZAP agenda to the April 19th commission date. More time is needed to coordinate proposed plans with the City of Cedar Park and subsequently, with the neighborhood. Please confirm receipt. Thank you, Victoria Haase www.throwerdesign.com 512-998-5900 Cell 512-476-4456 Office Mail: P.O. Box 41957 Austin, Texas 78745 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov.
ZONING CHANGE REVIEW SHEET CASE: C14-2021-0193 – 7400 South Congress Avenue DISTRICT: 2 ZONING FROM: SF-2; GR ADDRESS: 7400 South Congress Avenue PROPERTY OWNER: SL South Congress, LP TO: GR-MU-CO SITE AREA: 7.614 acres AGENT: Land Use Solutions (Michele Haussmann) (John Kiltz) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant community commercial – mixed use – conditional overlay (GR-MU-CO) combining district zoning. The CO, Conditional Overlay restricts the property as follows: 1) prohibits vehicular access to Blackberry Drive; 2) requires an 80-foot wide building and parking setback from the west property line; 3) establishes that general retail sales (general), personal improvement services, and restaurant (general) are subject to LDC 25-2-587(D); 4) establishes alternative financial services and medical offices exceeding 5,000 square feet of gross floor area as conditional uses; and 5) prohibits automotive sales, automotive rental, automotive repair, automotive washing (of any type), bail bond services, business or trade school, business support services, commercial off-street parking, drop-off recycling collection facility, exterminating services, funeral services, hotel-motel, indoor entertainment, indoor sports and recreation, outdoor entertainment, outdoor sports and recreation, pawn shop services, research services, and theater. For a summary of the basis of Staff’s recommendation, please see pages 2 - 3. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: March 1, 2022: CITY COUNCIL ACTION: April 7, 2022: ORDINANCE NUMBER: ISSUES: The Applicant and the South Boggy Creek Neighborhood Association have met to discuss the proposed rezoning. 1 of 16B-6 Page 2 C14-2021-0193 CASE MANAGER COMMENTS: The subject lot is undeveloped and located on the west side of South Congress Avenue, between William Cannon Drive on the north and Dittmar Road on the south. The property is zoned GR, community commercial along the South Congress frontage (to a depth of 385 feet) and SF-2, single family residence – standard lot for the remainder. The lot is adjacent to apartments, a single family residence, a recording studio and a recently constructed attached condominium community to the north (MF-2-CO, SF-6-CO, MF-3, SF-6); a large apartment complex and a single family residence across South Congress to the east (MF-3- CO, SF-2); a natural gas pipeline and easement, and attached condominiums to the south (DR, MF-2-CO, RR); and single family residences in the Meadowcreek subdivision to the west (DR, SF-2, SF-3). Please refer to Exhibits A (Zoning Map) and A-1 (Aerial View). The Applicant proposes to rezone the property to the …
ZONING CHANGE REVIEW SHEET SITE AREA: 0.31 acres (13,503 square feet) DISTRICT: 5 TO: SF-3 CASE: C14-2022-0004 – 1501 Damon Road ZONING FROM: DR ADDRESS: 1501 Damon Road PROPERTY OWNER / AGENT: Capital River Group, LLC – Series 16 (Stuart Cody Carr) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant family residence (SF-3) district zoning. For a summary of the basis of Staff’s recommendation, see case manager comments on page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: March 1, 2022: CITY COUNCIL ACTION: April 7, 2022: ORDINANCE NUMBER: ISSUES: The Applicant and the Matthews Lane Neighborhood Association have met to discuss the proposed rezoning. Please refer to correspondence attached at the back of this report. CASE MANAGER COMMENTS: The subject lot is located at the southwest corner of Damon Road and Albert Road on a platted lot, contains a 1,525 square foot vacant chapel on its southern portion, and is zoned development reserve (DR) district. Albert Road terminates into a private driveway serving the hospital use to the south and there is a chain link fence across the driveway intended to prevent southbound traffic from accessing the hospital use to the south. Damon Road contains several single family residences on standard lots zoned DR upon annexation in the mid-1980s. There are large tracts to the north that have frontage on Albert Road (DR) and a condominium development under construction to the south which takes its primary access to Dittmar Road which is further south (SF-6-CO). Please refer to Exhibits A (Zoning Map) and A-1 (Aerial Exhibit). The Applicant has requested family residence (SF-3) district zoning in order to build either a two-family residence or a duplex on the lot. A demolition permit application to demolish the chapel was filed with the City on February 1, 2022. 1 of 10B-7 C14-2022-0004 Page 2 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 family residence (SF-3) district is the designation for a moderate density single-family residential use and a duplex use on a lot that is a minimum of 5,750 square feet. An SF-3 district designation may be applied to a use in an existing single-family neighborhood with moderate sized lots or to new development of family housing on lots that are 5,750 square feet …
ZONING CHANGE REVIEW SHEET August 23, 2021 HLC DATE: July 26, 2021 ZAP DATE: November 2, 2021 December 7, 2021 January 18, 2022 February 1, 2022 March 1, 2022 CASE NUMBER: C14H-2021-0164 APPLICANT: Historic Landmark Commission (owner-opposed) HISTORIC NAME: Chrysler Air-Temp House COUNCIL DISTRICT: 7 WATERSHED: Shoal Creek ADDRESS OF PROPOSED ZONING CHANGE: 2502 Park View Drive ZONING FROM: SF-2 to SF-2-H SUMMARY STAFF RECOMMENDATION: Staff recommends the proposed zoning change from single family residence – standard lot (SF-2) district to single family residence – standard lot – historic landmark (SF-2-H) combining district zoning. QUALIFICATIONS FOR LANDMARK DESIGNATION: Architecture, historical significance, community value. HISTORIC LANDMARK COMMISSION ACTION: July 26, 2021: Initiated historic zoning. August 23, 2021: Recommended historic zoning on the basis of architecture, historical significance, and community value. Vote: 9-0 (Larosche and Tollett absent). ZONING and PLATTING COMMISSION ACTION: November 2, 2021: Postponed to December 7, 2021. December 7, 2021: Meeting cancelled. January 18, 2022: Postponed to February 1, 2022. February 1, 2022: Postponed to March 1, 2022. March 1, 2022: DEPARTMENT COMMENTS: This house would have contributed to the Air-Conditioned Village National Register Historic District, presented to the State Board of Review for the National Register of Historic Places in September 2021. For further information, see the draft nomination at https://www.thc.texas.gov/public/upload/preserve/national_register/ draft_nominations/Austin%2C%20Air%20Conditioned%20Village%20SBR.pdf. Due to owner opposition to the creation of the district, the nomination failed to move forward. However, this setback does not reflect on the significance of Austin’s Air-Conditioned Village experiment, and the Chrysler Air-Temp House is one of the best-preserved examples of the houses built and studied. Excerpts from the nomination are incorporated herein as relevant for context. This case initially came before the Historic Landmark Commission in June 2020 for a full demolition. The applicant in the 2020 case reconsidered their application for full demolition and submitted plans for a partial demolition and retention of the character-defining features of this house; those plans were reviewed and approved by the Commission. This proposal would have preserved much of the street façade of the house, replacing deteriorated materials in-kind or with a visually compatible modern material, and an addition to the back in what promised to be a sensitive rehabilitation and adaptive reuse of the house. The Commission initiated historic zoning on the house during the pendency of the preparation of those plans, and satisfied that the plans would preserve the character of the house, dropped the …
ZONING AND PLATTING SITE PLAN VARIANCE REQUEST BONUS REVIEW SHEET CASE NUMBER: SP-2020-0400D PC DATE: 03/01/22 COUNCIL DISTRICT: NA / ETJ PROJECT NAME: HEB Austin No 33 ADDRESS OF APPLICATION: 12015 W US 290 HWY Variance requests: The applicant is requesting the below variances: 1. Request to vary from LDC 25-8-341 to allow cut to 12 feet. 2. Request to vary from LDC 25-8-342 to allow fill to 21 feet. 3. Request to vary from LDC 25-8-302(A)(2) to allow construction of a parking area on a slope with a gradient of more than 15 percent. 4. Request to vary from LDC 25-8-301 to allow construction of a driveway on a slope with a gradient of more than 15 percent. APPLICANT: AGENT: HEB Grocery Company, LP 646 South Flores St. San Antonio, TX 78204 Jones and Carter (Kyler Felux) 4350 Lockhill Selma ROAD Suite 100 San Antonio, Texas, 78249 Phone: (512) 974-2711 Renee.Johns@austintexas.gov CASE MANAGER: Renee Johns EXISTING ZONING: NA / ETJ PROPOSED DEVELOPMENT: The applicant is proposing a new HEB grocery and service station with associated drives, onsite parking, drainage and utility improvements. DESCRIPTION OF VARIANCE The request is for four variances: from LDC 25-8-341 to allow cut to 12 feet, from LDC 25-8-342 to allow fill to 21 feet, from LDC 25-8-302(A)(2) to allow construction of a parking area on a slope with a gradient of more than 15 percent, and from LDC 25-8-301 to allow construction of a driveway on a slope with a gradient of more than 15 percent. The variances are allowed by LDC 25-8-41, if the findings of fact set forth in that provision are met. Due to the slopes on the site, the overall fall in elevation, and constraints imposed by the environmental sensitivity of the area, this project has been judged to meet the findings. RECOMMENDATIONS: VARIANCE: Staff recommends these variances, having determined the findings of fact to have been met. 1 of 7B-9 the Parks and Recreation Board.” Recommendation from ENVIRONMENTAL COMMISSION RECOMMENDATION: Per 25-2-625 (E)(4) “The Land Use Commission may not consider a site plan until it receives a recommendation from the Environmental Commission received on 1/19/2022 and included in backup. PROJECT INFORMATION Existing Zoning Site Area Watershed Watershed Ordinance Traffic Impact Analysis Capitol View Corridor Proposed Access Proposed Impervious Cover Parking required: NA / ETJ EXISTING ZONING AND LAND USES Site North South ETJ 54.45 acres (2,328,282 square feet) Bear …
SUBDIVISION REVIEW SHEET CASE NO.: C8J-2019-0146 SUBDIVISION NAME: Thaxton Road (Small Lot) – Preliminary Plan AREA: 98.692 Acres OWNER/APPLICANT: M/I Homes of Austin, LLC LOT(S): 287 Total Lots AGENT: LJA Engineering, Inc. Z.A.P. DATE: March 1, 2022 MUD: N/A COUNTY: Travis JURISDICTION: 2-Mile ETJ (John Clark) (Royce Rippy) ADDRESS OF SUBDIVISION: East Slaughter Lane and Thaxton Road GRIDS: R-23 WATERSHED: Marble Creek EXISTING ZONING: N/A PROPOSED LAND USE: Single-Family (Small Lot), Park, Open Space/Drainage, Landscape Right-of-Way, Amenity Lot, and Lift Station Lots. ADMINISTRATIVE WAIVERS: From Title 30-5-42 for a cut and fill, Title 30-2-34, original tract and Title 30-2-153 block length VARIANCES: None SIDEWALKS: Sidewalks will be provided on both sides of all internal and boundary streets. DEPARTMENT COMMENTS: The request is for approval of a final plat located in the county and in the City of Austin’s 2 Mile ETJ. This is considered a small lot subdivision as per Title 30- 2-232 Subdivision Regulations. The plat is composed of 287 total lots on 98.692 acres. The proposed subdivision includes 278 Single Family, Park, Open Space/Drainage, Landscape Right- of-Way, Amenity Lot, and Lift Station Lots. The applicant has secured a service extension from Austin Water Utility to provide water and wastewater. Lastly, the developer has agreed to make several transportation improvements to Slaughter Lane and Thaxton Road by adding turning lanes to those roadways as a result of increased traffic from proposed development. COUNTY COMMENTS This property is located in the 2-Mile, ETJ (Extra-Territorial Jurisdiction) of the City of Austin. Section 212.003 of Texas Local Government prohibits the city and the county from regulating land uses, lot size, density, height and building coverage in the ETJ to name a few. There are no land use controls that can be imposed by the city or the county. In the county, there are 2 uses: Single-Family and Other. “Other” can mean commercial, retail, multi-family, office and industrial, any use that is not single-family residential. There are no zoning laws in the county. Public transportation is not available in the county. As part of review process, the local school 1 of 7B-10 district was sent a copy of the proposed preliminary plan for input, review and comment and as of today, the staff has not received any comments from the school district. The closes school is the Blazier Elementary School located on Vertex Boulevard. The closes fire station is EDS #11located on Elroy …
SUBDIVISION REVIEW SHEET LOT(S): 3 COUNTY: Travis ZAP DATE: March 1, 2022 JURISDICTION: Limited Purpose AGENT: Carlson, Brigance, and Doering,Inc (Charles Brigance) (Matthew McCafferty) CASE NO.: C8J-2021-0163 SUBDIVISION NAME: Easton Park Section 4B East Preliminary Plan AREA: 21.067 acres OWNER/APPLICANT: Carma Easton , LLC ADDRESS OF SUBDIVISION: William Cannon and Finial GRIDS: L12 WATERSHED: North Fork Dry Creek EXISTING ZONING: Planned Unit Development (PUD) MUD PLAN: Pilot Knob MUD PROPOSED LAND USE: Mixed Residential, greenbelt/open space/drainage easement lots, and public ROW VARIANCES: None SIDEWALKS: Sidewalks will be provided along all internal streets and the boundary street. DEPARTMENT COMMENTS: The request is for the approval of the Easton Park 4B East Preliminary Plan. The plan is comprised of 3 lots on 21.067 acres, proposing 1 mixed residential lot, and 2 other lots for greenbelt/open space/drainage easement, and approximately 1,905 linear feet of right-of-way/streets. The property connects to William Cannon Road to the north and will realign a portion of Finial Drive (formerly named Colton Bluff Springs Road). The applicant also proposes to abandon a portion of Finial Drive for the realignment. The owners have submitted an application for this process with Travis County, and has received pre-approval from utility providers and other parties to the street abandonment area. Staff will be coordinating the abandonment application with the final plat application (out of this preliminary plan) to Court for final approval. Sidewalks are proposed on all streets. The proposed lots comply with the PUD zoning requirements for use and lot size. Parkland will be in compliance with the PUD. Water and wastewater will be provided by the City of Austin. Staff recommends approval of the preliminary plan, subject to the conditions listed in the attached comment report. After the conditions are met, the plan will comply with LDC 30-2-84. The conditions include remove or update notes, define easements, update engineer’s report and drainage information, etc. These are administrative actions 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 plan does not need to be heard before the Commission again. STAFF RECOMMENDATION: Staff recommends approval of the preliminary plan, subject to the conditions listed in the comment report dated February 24, 2022 and attached as Exhibit C. CASE MANAGER: Sue Welch, Travis County Single Office Email address: Sue.Welch@traviscountytx.gov Exhibit A: Easton Park 4B East Preliminary Plan …