A rezoning case for an out-of-compliance doggy daycare in South Austin’s Sweetbriar neighborhood earned the recommendation of Austin’s Planning Commission (and the scorn of some of neighbors) last week.
Planning commissioners heard the case for the second time during their June 10 meeting and voted to recommend the rezoning to City Council. The change from Limited Office to Neighborhood Office at 6201 Crow Lane will allow the business to operate in compliance with city code.
The Acre’s owners, a family with the surname Smith that has owned the property since the late 1940s, are seeking the upzoning because it would enable The Acre to operate under the “pet services” use, resolving their most significant code violation. Since the business opened three years ago by one of the younger Smiths, Madeline, it has been operating out of compliance with its base zoning district, and code enforcement could shut them down without the change.
The Austin Monitor previously reported on the case in our June 3 newsletter. That newsletter highlighted the story of a man named James Yoshida, who said The Acre lost his family’s dog Wendy. Wendy was found dead by the side of the road about a week later, and Yoshida placed the blame at least partially on The Acre.
Yoshida’s partner, Georgie Morell, made an appearance during the second hearing with a detailed presentation including, among other points, a timeline of the code violation complaints made against the business starting in 2023, more than a year before their dog went missing.
“We’re here because we can’t not be here,” Morell said.
She further cited conversations with the code inspector, who she alleged was “cussed out” by the owners, and archived negative Yelp reviews for a location of a defunct daycare service for (human) children on the same site, as evidence of the owners’ character.
But the opposition at the second hearing widened beyond the aperture of Wendy’s story. Commissioners heard from the owners’ association of nearby condominium development Skybridge Lofts, who offered withering criticism of The Acre and alleged that their position had been misrepresented.
“I fear that our meeting with (the Smiths) and attorney has been spun to you civil servants today in a way that we are cooperative with the rezoning,” said AJ Mooney, who serves on the board of directors for the association. “We are not.”
Still another speaker in opposition, Olivia Alvarado, took issue with the zoning change having been initiated for the purpose of enabling the business to operate through the pet services category allowable under the requested zoning. She pointed to language in the definition that called for boarding services “totally within a building” as evidence that the use would not be applicable to The Acre, which allows dogs to run in the yard.
“I know we brought you a bunch of evidence that does not seem related to zoning. It’s not your job to read Google Maps reviews or to inspect fence security or to punish bad actors when their neglect leads to the death of beloved pets,” Alvarado said, addressing the commission. “But it is your job to make decisions that are consistent with the public interest.”
In a later round of follow-up questions from Commissioner Danielle Skidmore, City Planner Eric Thomas said the definition likely only applied to sleeping arrangements and did not preclude the animals going outside.
While no speakers at the meeting spoke in favor of the rezoning, the backup did include about a dozen glowing letters of support for The Acre generally, including letters from the management of the nearby Regal Metropolitan and another multifamily development across the street, Retreat at North Bluff.
After a truncated question-and-answer session, Commissioner Imad Ahmed introduced the successful motion to adopt staff’s recommendation and approve the rezoning, with a tweak that would add back many more uses into a conditional use overlay applied to the site.
“I understand that there’s a lot of passionate opposition to this business, but there’s a lot of folks who are very much supportive of this business,” Ahmed said. “I do think it’s not our job as commissioners to punish or reward specific businesses, but to opine on the best possible use of a property.”
“And I do believe that a less restrictive zoning is more appropriate both now and in the future, and would overall benefit the community,” he continued.
Commissioners voted 7-4 to recommend the rezoning with Commissioners Skidmore, Anna Lan, Adam Powell and Peter Breton voting in opposition.
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