OWANA OWL Addendum

Zoning Report & Correction

OWL Fall 2025 – Addendum

In this message, you’ll see a correction from the OWL newsletter sent earlier this week, and an important summary of zoning and development changes/proposals in our neighborhood. A few reminders while you’re reading:

Fall quarterly general membership meeting Tuesday, September 9, 6:45pm at Mathews Elementary School
Complete our follow-up neighborhood survey. All survey respondents receive an extra ticket for our ACL Festival drawing at Tuesday’s meeting.

CORRECTION

The OWL listed an incorrect date for this Fall’s Live Music in West Austin Park. It will be Saturday, November 8 in the afternoon. Details are forthcoming but
Save the Date in your calendar for now!

Fall Zoning Bulletin

Understanding Deed Restrictions: Why They Matter in Old West Austin

As development pressure increases in Central Austin, it’s more important than everfor residents to understand how deed restrictions can help preserve theunique character and livability of neighborhoods like Old West Austin.

What Are Deed Restrictions?

Deed restrictions are private legal agreements that limit how a property can beused.These rules are typically writteninto the property deed and “run with the land,” meaning they apply to currentand future owners.

Examples of common restrictions include limits on:

Building height or setbacks
Number of stories and/or units
Multi-family or commercial development
Architectural style or materials

Unlike zoning, which is enforced by the city, deed restrictions are enforced privately usually by neighbors or a homeowners’ association. The Land Development Code (LDC) and City zoning laws do not affect the enforceability of deed restrictions.A deed restriction that is enforceable now should continue to be enforceable, regardless of changes to City zoningregulations.

Are Deed Restrictions Enforceable in Texas?

Yes, deed restrictions are legally enforceable in Texas, as long as:

They are properly recorded in county property records
The language is clear and unambiguous
The person enforcing the restriction has legal standing (e.g., a neighbor or neighborhood association)
The restriction hasn’t been abandoned

Enforcement usually occurs through civil court, often by seeking an injunction tostop a violation. While litigation is a last resort, having enforceable restrictions in place gives neighbors important legal standing when concerns arise.

Why They Matter for OWANA

Old West Austin is a vibrant and historic neighborhood but it’s also under constant development pressure. Zoning provides one layer of protection, but zoning can change.Deed restrictions are more durable, and in many cases can be even more specific than city zoning.

They allow neighbors to:

Protect residential character
Guide the scale and style of new construction
Maintain quality of life
Preserve green space and historic fabric

In short, deed restrictions are a powerful tool to help preserve what makes Old West Austin special but only if we know they exist and understand how theywork.

What You Can Do

Check your property’s deed or subdivision documents to see if restrictions apply.
If you’re concerned about nearby development, check whether deed restrictions exist on that property.
Work an attorney to understand enforcement options if you believe a restriction is being violated.
Support efforts to update or clarify restrictions if needed especially if your area lacks enforceable protections.

The following article in the Austin Bulldog, “Neighborhoods must litigate to defend deed restrictions, and not all can afford it”, talks about how some Central Austin neighborhoods have been upholding deed restrictions.

Zoning Cases

W 6th & N Lamar: – C14-2024-0179 [Former Waterloo Records Site]

APPLICANT: Armbrust and Brown PLLC, Richard T. Suttle

OWNER: 600 North Lamar, Ltd. & 603 and 605 Baylor, Ltd

Proposal: Request to rezone 600 N Lamar from CS-MU-CO-NP & CS-MU-V-CO-NP to eTOD-DBETOD-NP.

The Zoning Committee, in collaboration with nearby neighbors, has been actively working with Endeavor Real Estate Group to reach a mutually acceptablecompromise regarding the proposed rezoning of 600 N Lamar. One of the primary concerns has been the scale and massing of the proposed development.Endeavor’s first presentation was for a glass screen building at 143’.Currently, Endeavor has agreed to heights as low as about 60’ on Baylor Street stepped up to 112’ on N Lamar.

The OWANA Zoning Committee iscurrently working on a Restrictive Covenant with Endeavor that will incorporate the following.

Building Height: Varies across the site up to 112′, 62′ at Baylor Street and the alley, and 75.25’ at W 6th and Baylor Streets.
Street Improvements: Required installation of sidewalks and landscape strips of specific widthsalong West6th, Baylor and N Lamar.
Parking & Access: No parking or drop-off on Baylor Street; at least 95% of parking must be underground.Garage access will be on W 6th Street.
Short-Term Rentals: Limited to max 10% of units, must be permitted, and are subject to annual audits by OWANA.
Noise & Music Controls: No amplified/percussion sound allowed outdoors; ambient restaurant music is allowed under strict conditions.No live outdoor music between 11PM-7AM.
Operating Hours & Uses: Restaurants limited to 7AM-11PM (until midnight Thu-Sat); no cocktail loungesare permitted.
Utilities & Design: Overhead power lines will be buried; new buildings should be architecturally compatible with Old West Austin.

This case is scheduled for a City Council hearing on September 11th.

Status: Ongoing.

608 Blanco Street – C14-2025-0043

APPLICANT: Armbrustand Brown PLLC, Richard T. Suttle

OWNER: Riverside Resources

Proposal: The applicant is requesting to rezone approximately .019 acres from multi-family (MF-4-HD-NP) to neighborhood commercial (LR-MU-HD-CO-NP).The property has been used as a short-term rental for several years. The proposed zoning change is proposed to support neighborhood‑friendly commercial uses that complement the Sixth &Blanco project currently under construction.No demolition is proposed or anticipated, and all future uses will utilize the existing structure as it stands.

The OWANA Zoning Committee and the Steering Committee voted to support the rezoning of 608 Blanco Street to neighborhood commercial.The Zoning Committee has finalized the following conditions in a Restrictive Covenant, which shall run with the land:

Prohibited Uses:
A list of prohibited uses is included in the Conditional Overlay.

Food Sales: Allowed only for pre-packaged items—no on-site cooking beyond reheating or assembling.
Retail Restrictions: General retail is permitted, but department stores and auto parts/accessories retailersare prohibited.
Operating Hours: Commercial uses must remain closed to the public from 9:00PM to 7:00AM daily (excluding short-term rentals).
Outdoor Sound: No outdoor music or amplified/percussion sound is allowed, regardless of permits.
Historic Preservation: Existing building façades remain unchanged unless following Castle Hill Historic District guidelines and approved by the Architectural Review Committee; no increase in height or impervious coverage.
Traffic Access: The existing alley driveway and parking may continue; no curb cuts or drop-offs permitted onadjacent Blanco Street.

On July 24th, City Council approved the LI-PDA zoning on all three readings. The Restrictive Covenant has been signed and recorded.

Status: Closed.

W 6th & Walsh – C14-2025-0043

APPLICANT: Manifold

OWNER: Stefanie and Stephen Griffith

Proposal: The applicant is proposing a multifamily rental development that includes on-siteaffordable housing, as well as 18-foot sidewalks and landscaped areas along W 6th and Walsh Streets. In consideration of compatibility with the Harthan and Castle Hill Local Historic Districts located on the north side of W 6th Street, the Zoning Committee is requesting a maximum building height of 60 feet along West 6th Street. The building massing would then step back to 90 feet and ultimately to 120 feet as it transitions toward West 5th Street.

The applicant applied to rezone the property at 6th & Walsh to LI-PDA.The City Staff did not recommend the LI-PDA zoning district because of the existing Commercial Services (CS) base zoning district.

While OWANA is typically cautious about LI-PDA zoning with a CS base, we supported this proposal due to its unique context, strong community collaboration, and thoughtful design.The project reflects a tiered, context-sensitive approach that respects nearby historic districts,includes significant community benefits and is governed by a Restrictive Covenant ensuring transparency, oversight, and accountability.We believe it strikes the right balance between smart growth and neighborhood preservation.

At its July 8th meeting, the Planning Commission approved the LI-PDA zoning for 6th & Walsh in a 9–1 vote.Many thanks to all OWANA members who submitted letters of support; your efforts were instrumental in achieving this outcome.

On July 24th, City Council approved the LI-PDA zoning on all three readings. OWANA’s Zoning Committee isnow working to finalize the Restrictive Covenant, with the goal of having allparties sign and record the document by mid-September.

Status: Ongoing.

1114 West 5th Street – 2024-128390LM

APPLICANT: Mashell Smith

OWNER: Anchor Equities, LTD

Proposal: Appeal denial of Right of Way vacation of Sayers St. @ 1114 West 5th Street

Background: Anchor Equities submitted an appeal of the denial of its original request to vacate a portion of Sayers Street.The applicant owns two properties with direct frontage on both the north and south sides of Sayers at West 5th Street.However, Sayers Street also provides critical access to other properties along Walsh Street.If vacated, those property owners would lose their direct connection to West 5th via Sayers.

Urban Transportation Commission (UTC): The case was initially heard by the Urban Transportation Commission (UTC) on February 4th. After review, the UTC voted to deny the proposed vacation of Sayers Street, citing a lack of demonstrated publicbenefit.The Commission emphasized the street’s ongoing importance in maintaining local connectivity and access for services.

On May 20th, a follow-up hearing was held, led by Joseph Fotinos of Transportation Development Services, to consider an appeal of the UTC’s decision. During the discussion between the applicant’s representatives (the Drenner Group) and Upal Barua, Assistant Director of Transportation and Public Works, Mr. Barua expressed clear disagreement with the appellant’s assumptions. He found their arguments unconvincing and did not believe they adequately addressed safety concerns for either vehicles or pedestrians, ultimately reaffirming the decision not to vacate Sayers Street.

The appeal was scheduled for a City Council hearing on May 22nd.However on the evening of the 21st, the Council hearing was cancelled and instead scheduled for a Planning Commission hearing on June 10th.

Community Opposition: The Old West Austin Neighborhood Association (OWANA), along with Walsh Ventures 2, LLC, the owners of 503 and 505 Walsh Street, formally opposed the proposed vacationof Sayers Street.

OWANA’s Zoning Committee members, the developer and property owners met with Planning Commissioners and OWANA submitted a letter outlining itsconcerns.The letter emphasized that Sayers Street enhances pedestrian safety, ensures efficient access for service vehicles, and supports future development in the area.

More than 50 OWANA members submitted letters opposing the vacation, drawing significant attention from both the applicant and the Planning Commissioners.The Zoning Committee sincerely appreciates this strong show of support, which played a valuable role in the process.

Following extensive discussion, the applicant’s representatives requested an indefinite postponement of the Right-of-Way Vacation application to allow forthe proposed project at 6th & Walsh to move forward. During this pause, the applicant intends towork with City staff and the adjacent property owner to the west to address outstanding issues.The plan is tore-notify the request for a public hearing once the adjacent property’s site plan (SP-2024-0428C.SH) has been approved by the City.

Status: Ongoing.

A Joyful Shout-Out (and an Invitation to Stay Involved)

A standing ovation goes to our marvelous neighbors, Dardin Deviney and Clay Cowan! Your generous gift to the Zoning Fund isn’t just appreciated, it’s celebrated. Because ofyour support, OWANA is better equipped to safeguard our community’s charm and the historic beauty that makes our neighborhood unique.

You’ve probably noticed that our zoning updates have leveled up – packed with more detail and timely insights.That’s driven by a wave of new development proposals from the City’s Development Department that impacts us directly. As our all-volunteer team steps up to respond, your donation couldn’t have come at a better time.

We’re proud to partner with forward-thinking developers and consultants who care about thoughtful, neighborhood-informed growth.Now, we’re inviting you…yes, you…to join the effort. A gift to the ZoningCommittee Fund empowers us to continue guiding thoughtful development while preserving what makes OWANA feel like home.

Thank you for bringing light, energy, and real impact. Here’s to keeping our neighborhood vibrant,connected, and full of character!

Follow this link to make your donation.

Click on Add under “ZONING SUPPORT FUND”.

Please reference: OWANA Zoning Committee Fund.

Donations and participation are essential if we are to be successful in representing you and your part of the neighborhood in more complicated zoning cases.

BUSINESS MEMBERS
A sincere thank you to our current business members!
You can find more information about how your business can be part of OWANA here.

G O L D M E M B E R S

https://www.astound.com/texas/

Zydeco Development

901Río Grande St #200

www.zydecodevelopment.com

1204 W. Lynn St
https://jeffreysofaustin.com/

1200 W. 6th St
https://www.clarksoysterbar.com/

1128 W. 6th St
https://www.swedishhillaustin.com/

S I L V E R M E M B E R S

1112 North Lamar Blvd
https://www.castlehillfitness.com/

1605 West Avenue
https://ashbycollective.com/

1200 B. W. 6th St
https://pecansquarecafe.com/

1130 W. 6th St
https://www.rosiesaustin.com/

1130 W. 6th St
https://howardsaustin.com/

Dr. Georgeanne Freeman
1611 W. 5th St
https://www.freemanmedicalclinic.com/

1213 W. Lynn
https://www.cipollina-austin.com/

B R O N Z E M E M B E R S

NICK DEAVER JES DEAVER architecture

606 Highland Ave
ndjda.com/

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FLOWER HILL CENTER
1316 W. 6th St
https://www.flowerhillcenter.org/
Instagram @flowerhillcenter,Facebook FlowerHillCenter

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WILDGINS
Single Origin Gin from Native Texas Junipers
https://wildgins.com/
Instagram @wildginstx,Facebook Wildgins

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WALLY WORKMAN GALLERY
1202 W. 6th St
https://www.wallyworkmangallery.com/

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