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TipSheet: City Council, 1.26.17

Thursday, January 26, 2017 by Jo Clifton

After a lengthy hiatus, the City Council returns today with two new members, District 6’s Jimmy Flannigan and District 10’s Alison Alter, ready to showcase their skills, not the least of which is to sit in one spot for a long period of time without whimpering. The original agenda included 92 items, but a large number of zoning cases that might have kept Council and us late into the night will likely be postponed. Below is a list of items we’re watching. In the interest of space, we’ve decided not to post the entire agenda. The Office of the City Clerk posts a copy on its website.

19. Approve an ordinance establishing a pilot program related to sound equipment for certain businesses located on Red River Street.

Monitor’s take: This item deals with the continuing question of how to keep the vibrant Red River music district going while still accommodating not only downtown residents but also people who live and sleep north of the university. See Jack Craver’s Whisper.

38. Approve a resolution regarding demolished market-affordable units.

Monitor’s take: This resolution directs city staff and the CodeNEXT team to provide Council with information about demolition of what are called “market affordable units.” One of the questions Council members would like answered is whether the new zoning regulations being developed under CodeNEXT will mean that more or fewer affordable units will be demolished. Although Council hashed this out pretty thoroughly at Tuesday’s work session, there still may be room for more comment.

42. Approve a resolution related to Austin Resource Recovery’s curbside textile collection contract.

Monitor’s take: Led by Council Member Ellen Troxclair, this resolution seeks to ameliorate some of the angst caused by Austin Resource Recovery’s decision to contract with Simple Recycling for curbside textile collection. See Jack Craver’s Whisper for more.

44. Approve a resolution directing the City Manager to begin testing and implementation for expansion of library services to selected locations to provide for General Citizen Communication via videoconferencing, to be in conformance with City Code, Section 2-5-28; and to develop a methodology to analyze such expansion of services and to identify gaps in access to videoconferencing; and to plan for expanded services and make related reports.

Monitor’s take: This item relates to videoconferencing at various libraries throughout the city. It seemed like a noncontroversial item when it was first proposed, but several Council members want to make sure that the services will be equally available to people in different districts and that it will prove popular enough to justify any cost.

45. Approve a resolution supporting safe and affordable access to legal abortions and the work of associated health care providers.

Monitor’s take: This is a symbolic resolution. While the majority of Austinites likely would support such a resolution, there may be some who come to Council who are opposed to abortion and want to speak. There are undoubtedly others who will want to say that they support it. For more, see yesterday’s Whisper.

46. Approve a resolution initiating a City Code amendment to remove the supermajority requirement for the Historic Landmark Commission to recommend historic zoning of a property over the protest of the owner.

Monitor’s take: Although Mayor Steve Adler has said he would not support eliminating the super majority requirement for the commission to start historic zoning, Mayor Pro Tem Kathie Tovo may have the votes to move forward with this item despite Adler’s opposition.

51. C7a-2016-0003 – Entrada – Approve second and third readings of an ordinance to annex the Entrada annexation area for full purposes (approximately 246 acres in northeastern Travis County south of Wells Branch Parkway at the intersection of Immanuel Road and Crystal Bend Drive; contiguous to District 1). THE PUBLIC HEARINGS FOR THIS ITEM WERE HELD AND CLOSED ON OCTOBER 6 AND 13, 2016.

Monitor’s take: Council Member Jimmy Flannigan told colleagues on Tuesday that he would be opposed to this annexation in his district, and probably others when they come up. Council approved the item on first reading last year and closed the public hearings, so speakers are not expected. Council Member Leslie Pool was hoping the item could simply be postponed, but city staff told her that any postponement would mean that they would have to start over if they decided to annex at a later date. In the meantime, Travis County is looking at a Public Improvement District for the area, and plans for a housing development have been approved.

Note: Zoning items are now on every agenda when they are ready for consideration, but they will be heard at 2 p.m. time certain (or after) instead of 10 a.m. The vast majority of today’s items will likely be postponed.

56. NPA-2016-0005.01 – Thrasher Lane Lots – District 3 – Conduct a public hearing and approve an ordinance amending Ordinance No. 20010927-05, the Montopolis Neighborhood Plan, an element of the Imagine Austin Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on property locally known as 2500, 2508, & 2514 Thrasher Lane (Carson Creek Watershed) from Commercial to Mixed Use land use. Staff Recommendation: To grant Mixed Use and Commercial land use. Planning Commission Recommendation: To be reviewed on January 24, 2017. Owner/Applicant: Dalor, LTD (David Suissa). Agent: Permit Partners (David Cancialosi). City Staff: Maureen Meredith, (512) 974-2695.

57. C14-2016-0070 – Thrasher Lane Lots – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2500, 2508 and 2514 Thrasher Lane (West Country Club Creek and Carson Creek Watersheds) from general commercial services-neighborhood plan (CS-NP) combining district zoning to general commercial services-mixed use-neighborhood plan (CS-MU-NP) combining district zoning. Staff Recommendation: To grant general commercial services-mixed used-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning. Planning Commission Recommendation: To be reviewed January 24, 2017. Agent: Permit Partners/David Cancialosi. Owner: Dalor Ltd. (David Suissa). City Staff: Andrew Moore, 512-974-7604.

58. NPA-2016-0005.02 – Montopolis-Ben White FLUM Amendment – District 3 – Conduct a public hearing and approve an ordinance amending Ordinance No. 20010927-05, the Montopolis Neighborhood Plan, an element of the Imagine Austin Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on property locally known as 6700 and 6800 E. Ben White Blvd., & 2601 Montopolis Drive Lane (Country Club East & Carson Creek Watershed) from Industry to Mixed Use land use. Staff Recommendation: To deny Mixed Use land use. Planning Commission Recommendation: To grant the Applicant’s request for an indefinite postponement. Owner/Applicant: Ocampo Partners, Ltd. Agent: Coats Rose (John M. Joseph). City Staff: Maureen Meredith, (512) 974-2695.

59. C14-2016-0085 – Montopolis-E. Ben White Zoning – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2601 Montopolis Drive and 6700 and 6800 E. Ben White Boulevard (Country Club East and Carson Creek Watersheds) from limited industrial services-neighborhood plan (LI-NP) combining district zoning to general commercial services-mixed use-neighborhood plan (CS-MU-NP) combining district zoning. Staff Recommendation: To deny general commercial services-mixed use-neighborhood plan (CS-MU-NP) combining district zoning. Planning Commission Recommendation: To grant the Applicant’s request for an indefinite postponement. Agent: Coats Rose/John Joseph. Owner: Ocampo Partners Ltd. City Staff: Andrew Moore, 512-974-7604.

60. C14-78-220 (RCT) – Montopolis-Ben White Subdivision – District 3 – Conduct a public hearing to terminate a restrictive covenant on property locally known as 6700 & 6800 E. Ben White Blvd and 2601 Montopolis Drive (Country Club East and Carson Creek Watersheds). Staff Recommendation: To grant the termination of the Restrictive Covenant as it relates to this property. Planning Commission Recommendation: To grant the Applicant’s request for indefinite postponement. Applicant/Agent: Coats Rose/John Joseph. Owner: Ocampo Partners Ltd. City Staff: Andrew Moore, 512-974-7604.

61. NPA-2016-0005.03 – 2509 Montopolis Drive – District 3 –Conduct a public hearing and approve an ordinance amending Ordinance No. 20010927-05, the Montopolis Neighborhood Plan, an element of the Imagine Austin Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on property locally known as 2507, 2509, 2511 Monotpolis, in addition to adjacent 1.36 acre tract (Country Club East) from Industry to Mixed Use land use. Staff Recommendation: To deny Mixed Use land use. Planning Commission Recommendation: To be reviewed on February 14, 2017. Owner/Applicant: John Robert Stratton. City Staff: Maureen Meredith, (512) 974-2695.

62. C14-2016-0113 – 2509 Montopolis – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2506, 2509 & 2511 Montopolis Drive (West Country Club and Carson Creek Watersheds) from general commercial services – neighborhood plan (CS-NP) combining district zoning to general commercial services-mixed use–neighborhood plan (CS-MU-NP) combining district zoning. Staff Recommendation: To deny general commercial services-mixed use–neighborhood plan (CS-MU-NP) combining district zoning. .Planning Commission Recommendation: To be reviewed February 14, 2017. Agent: Graves Dougherty Hearon & Moody (Michael Whellan). Owner: John Robert Stratford. City Staff: Andrew Moore, 512-974-7604.

Monitor’s take: There are postponement requests on each of these cases, some indefinitely.

72. C14-2016-0023.SH – Elysium Park – District 7 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 3300 Oak Creek Drive (Walnut Creek Watershed) from industrial park-conditional overlay (IP-CO) combining district zoning and rural residence (RR) district zoning to multifamily residence-moderate-high density-conditional overlay (MF-4-CO) combining district zoning. Staff Recommendation: To grant multifamily residence-moderate-high density-conditional overlay (MF-4-CO) combining district zoning. Zoning and Platting Commission Recommendation: To grant multifamily residence-moderate-high density-conditional overlay (MF-4-CO) combining district zoning. The ordinance may include waiver of fees. Owner/Applicant: Two-Way Land, L.P. (John K. Condon). Agent: Waeltz & Prete, Inc. (Antonio A. Prete). City Staff: Sherri Sirwaitis, 512-974-3057. A valid petition has been filed on opposition to this rezoning request.

Monitor’s take: Neighbors have a valid petition opposing this controversial multifamily case, and there is a postponement request from the applicant.

73. C14-2016-0050 – Plaza Saltillo Tract 1/2/3 – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 901, 1011, and 1109 E. 5th Street (Waller Creek Watershed) from transit oriented development-neighborhood plan (TOD-NP) combining district zoning to transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Staff Recommendation: To grant transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Planning Commission Recommendation: To grant transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Owner: Capital Metro Transportation Authority (Shanea Davis). Applicant: Land Use Solutions, LLC (Michele Haussmann). City Staff: Heather Chaffin, 512-974-2122.

74. C14-2016-0049 – Plaza Saltillo Tract 4/5 – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 1211 and 1301 E. 5th Street (Waller Creek Watershed; Lady Bird Lake Watershed) from transit oriented development-neighborhood plan (TOD-NP) combining district zoning to transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Staff Recommendation: To grant transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Planning Commission Recommendation: To grant transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Owner: Capital Metro Transportation Authority (Shanea Davis). Applicant: Land Use Solutions, LLC (Michele Haussmann). City Staff: Heather Chaffin, 512-974-2122.

75. C14-2016-0051 – Plaza Saltillo Tract 6 – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 413 Navasota Street (Lady Bird Lake Watershed) from transit oriented development-neighborhood plan (TOD-NP) combining district zoning to transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Staff Recommendation: To grant transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Planning Commission Recommendation: To grant transit oriented development-central urban redevelopment-neighborhood plan (TOD-CURE-NP) combining district zoning. Owner: Capital Metro Transportation Authority (Shanea Davis). Applicant: Land Use Solutions, LLC (Michele Haussmann). City Staff: Heather Chaffin, 512-974-2122.

Monitor’s take: Staff has received a postponement request from the neighborhood. Council Member Pio Renteria has said that he wants to postpone consideration of these three items for two weeks, but he may change his mind after arguments from the developer.

76. C14-2016-0063.SH – Villas at Vinson Oak Rezone – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 4507 and 4511 Vinson Drive (Williamson Creek Watershed) from family residence-neighborhood plan (SF-3-NP) combining district zoning to townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. Staff Recommendation: To grant townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. Planning Commission Recommendation: To grant townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. This case involves a S.M.A.R.T. Housing project. Owner/Applicant: Notigius LLC – Series Vinson (Antonio Giustino). Agent: Perales Engineering, LLC (Jerry Perales, P.E.). City Staff: Wendy Rhoades, 512-974-7719. A valid petition has been filed in opposition to this rezoning request.

Monitor’s take: Neighbors of the proposed Villas at Vinson Oaks are requesting a postponement, which will likely be granted.

80. C14-2016-0097 – South Congress Residences – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 4714 South Congress Avenue (Williamson Creek Watershed) from general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building-neighborhood plan (CS-MU-V-NP) combining district zoning. Staff Recommendation: To grant general commercial services-mixed use-vertical mixed use building-neighborhood plan (CS-MU-V-NP) combining district zoning. Planning Commission Recommendation: To grant general commercial services-mixed use-vertical mixed use building-neighborhood plan (CS-MU-V-NP) combining district zoning. Owner: Diamond Real Estate Investment, Inc. (Curt Sutherland). Applicant: Guefen Development Company (David Kulkarni). Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Wendy Rhoades, 512-974-7719.

Monitor’s take: The developer of this proposed vertical mixed-use project on South Congress was to provide 10 percent of the housing units at a price affordable for a family making 80 percent of medium family income. However, the Planning Commission recommended that the affordable units be available for families making 60 percent MFI. The developer will likely argue that the numbers won’t work with a price point that low and ask the city for an alternative payment. Also, neighbors may show up to oppose the vertical part of the project.

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Key Players & Topics In This Article

Austin City Council: The Austin City Council is the body with legislative purview over the City of Austin. It offers policy direction, while the office of the City Manager implements administrative actions based on those policies. Until 2012, the body contained seven members, including the city's Mayor, all elected at-large. In 2012, City of Austin residents voted to change that system and now 10 members of the Council are elected based on geographic districts. The Mayor continues to be elected at-large.

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