Zoning & Platting Commission results; next steps

Our rezoning case, C14-2016-0023.SH Elysium Park, was finally heard on May 17. “Finally” because another very controversial case before us took a very long time. The meeting began at 6 PM; our case was not called until 10:30 PM. The Commissioners voted unanimously to approve the MF-4 zoning with some changes (detailed below) at 11:45 PM. This is a recommendation;  City Council will make the final decision.

Next steps

The zoning case will be scheduled for a City Council meeting; date to be determined. We have a “valid petition” – over 20% of owners  of property surrounding the tract have signed a special petition against the rezoning. Because of this, 75% of City Council (9 members) must vote for the rezoning for it to become effective.

If 75% of the Council members do vote for the rezoning, there will be 2 additional readings. Public testimony is always accepted at the first reading; at the second and third readings public testimony is only allowed if a Council member wants it.

The TDHCA announces the preliminary housing tax credit awards at the end of July (“preliminary” means if a developer doesn’t meet all requirements, such as obtaining the required zoning, the award is revoked).

The developer has agreed to request that the third rezoning reading be delayed until August and has stated to us and (more importantly) at the Z&P hearing that if they do not get the 9% housing tax credits from TDHCA they will cancel the project. if they do not received the award, they will withdraw the rezoning application.

Attend City Council meeting, contact our Council member

The neighborhood workgroup is continuing our opposition to the apartments. Once the City Council meeting has been scheduled, we will ask that everyone contact our Council Member Leslie Pool to let her know of our opposition. Contacting her within a week or two of the meeting rather than much earlier will have a greater impact. We will let everyone know through NextDoor, Facebook and signs.

Z&P meeting details; latest project changes by developer

Video of our hearing (we are item C4; click on that to skip the earlier cases)

Many thanks to everyone who attended, and especially to those who were able to remain until midnight! To show support or opposition, attendees completed a comment card. Before the vote, the Commission chair read the list of names of everyone who attended and opposed the rezoning; it was a lengthy list. When our closing speaker asked everyone who opposed the apartments to stand, over 40 people stood up! Although they didn’t vote as we wished, the Commissioners did take note of how many people attended and remained until midnight.

Developer’s last-minute changes, which were approved by the Commissioners, included

  • most of the parking will be under the buildings, at street level (like a carport)
  • 75 ft setback from the Pegasus back yards, Oak Creek and the north side and 100 ft. from the critical water quality zone (outside the border of the streambed)
  • 3 buildings in a U shape with the bar of the U at the northern side. Revised site layout (looking down) and building elevation (street view)
  • the western building (closest to Pegasus) will be no higher than 35 ft
  • the bar of the U (north building) will be 42 ft tall and the eastern building will be 52 ft
  • a maximum of 30% (of the 7.1 acres) impervious cover

The developer stated that they plan to build 80 units and told us they are willing to accept a conditional overlay (modification to the zoning category) to limit the maximum units to 90.


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