Council gives final OK to Borden Dairy tract rezoning
Tuesday, July 25, 2023 by
Jo Clifton City Council last week gave final approval for rezoning of the former Borden Dairy site in the Govalle neighborhood, allowing for its reconfiguration from an industrial site to a major mixed-use development.
The vote was 8-1, with Council Member Alison Alter opposed. District 3 Council Member José Velásquez, who represents the area, recused himself from the vote because of his connections to the East Austin Conservancy. The developer, Endeavor Real Estate, has worked with the conservancy to ensure 10 percent of the development’s housing units will be affordable housing.
Council Member Vanessa Fuentes was off the dais “on important city business,” Mayor Kirk Watson said. She voted against the rezoning in the past. Council Member Chito Vela made the motion to approve the new zoning.
The 21-acre site at 71 Strandtman Cove, off U.S. Highway 183 and East Cesar Chavez Street, is adjacent to the Colorado River Park Wildlife Sanctuary, causing concern among environmentalists, including those normally associated with protecting the Edwards Aquifer. Plans for the site include 1,400 residential units, 411,500 square feet of offices, 66,000 square feet of restaurant space, 40,000 square feet of retail and a 220-room hotel.
Attorney Richard Suttle, representing Endeavor, told Council at last week’s meeting that the only issue remaining after second reading in June was the “buffer between this tract and the preserve. We’ve gone from a 60-foot building setback to a 75-foot vegetative strip” between any building and the wildlife sanctuary, he said.
Some neighborhood activists still opposed the project, with several complaining that the maximum building height of 120 feet, as recommended by the Planning Commission, would be too tall for the area. Daniel Llanes, chair of the neighborhood planning contact team, told Council his team never got around to discussing community benefits with the developer, because negotiations broke down over the proposed height. In addition, he expressed skepticism about whether it was really necessary for Velásquez to recuse himself.
Llanes pointed out that environmental impact studies are required for developments over the Edwards Aquifer, but not for developments on the east side, even though they are close to the Colorado River. Llanes, as well as other members of the neighborhood, asked Council for an additional postponement, expressing hope that they would reach some compromise with Endeavor. That seemed unlikely, and Suttle argued that the project should move forward now.
Several East Austin property owners wrote to city staff expressing support for the project, although only one showed up to speak in front of Council. Gary Babatz told Council he thought the project itself would represent a community benefit. Unlike others who spoke, Babatz said, “I’m excited for this development. I’m excited for a change. I’m excited to see what this parking lot turns into” when the developer takes an industrial site and turns it into a mixed-use development “for people to live, work, eat and play.”
Vela asked Suttle if his client was willing to work with the city to ensure that the project would comply with dark skies requirements in the city code.
“I understand that there have been some discussions about complying with city regulations keeping the sky dark to prevent any potential threats to birds,” Vela said, adding, “I know that we can’t bind those conditions, but … is the applicant willing to comply with the dark sky windows?”
Suttle assured Vela that he was trying to figure out a way to codify the dark skies requirements for the project, but he had difficulty convincing the Law Department that they could do so under current regulations.
“So what I will tell you on the record here is that we will comply with the dark skies requirements in the design standards of the city code and the reflectivity (of windows) of 20 percent or less that is currently in the code and that will become part of the project,” Suttle said.
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