Despite safety concerns, Council OKs new buildings above Shoal Creek

Austin City Council last week approved adding the Vertical Mixed Use “V” to the property located from 1501 to 1603 Shoal Creek Boulevard, after a hearing that featured considerable discussion about the geologically sensitive area. Council Member Paige Ellis abstained, citing the fact that the area had already suffered from collapses in the past.

The site, which is at the northeast corner of Shoal Creek Boulevard and West 15th Street, currently hosts 14 multifamily units and two single family houses. Shoal Creek Development, LLC is proposing to build 124 multifamily units and three single-family homes there. Leah Bojo of the Drenner Group, who is representing the developer, explained to Council that the site currently had DB90 zoning, but were seeking to add the additional vertical mixed-use designation and waive the requirement for ground floor retail.

During the meeting, neighbors in the Judges Hill Neighborhood voiced their concerns about the possibility that adding more structures above Shoal Creek would lead to greater erosion and the loss of their homes. Forty-four percent of the property owners signed a valid petition against the rezoning, but reached a preliminary agreement with the property owner for more engineering and geologic studies before new construction.

“I’d like to point out that we are not opposed to condos or apartments being built on this site. But, from the beginning, we have been opposed to proceeding with this project without being convinced that the safety concerns have been taken into account,” Jim Montgomery, who is the president of the neighborhood association, told Council. “There have been multiple problems with slope collapse, both north and south of this site in close proximity and on both sides of Shoal Creek.”

Phil Bullock, a professional geologist with the State of Texas, showed slides featuring Buda limestone, rim rock and the underlying relatively steep slope of the Del Rio clay.

“One of the things that we’ve noticed is that there are several trees leaning down slope, and we take this to be a sign that even in its natural state, the slope is not a hundred percent stable,” he said. Nevertheless, after their trip to the Planning Commission made it clear that the developer would likely get the “V” designation, neighborhood representatives, assisted by Council Member Zo Qadri and his staff, came to an agreement with the developer.

In a letter to Qadri, Bojo explained: “We have been working with a small group of neighbors since before the application was submitted and will continue to work with them through the next steps of the development process. We provided the Planning Commission the requested geotechnical study and have discussed the concerns with the geotechnical engineer who produced the study.”

Bojo continued that, as the development proceeded, they were committed to complete “additional geotechnical assessment via additional borings nearer to the slope and engagement with a structural engineer to further confirm retaining wall design and slope stability.” In addition, developers promised to offer quarterly meetings with the neighborhood working group until the site development permit was approved and to respond to neighborhood feedback on at least a bi-weekly basis until the development permit is approved.

Bojo has promised to produce a memorandum of understanding that will address neighborhood concerns. Mayor Kirk Watson stressed the need to get that done as soon as possible.

Watson noted the unusual situation in which neighbors had more than the normal zoning concerns. He also stressed that the Council was relying on city staff to make sure that proper procedures would be followed.

Posted In: Zoning, District 9