Restrictive Covenant Termination at 4009 Banister Lane
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C14-86-128(RCT) - 4009 Banister Lane RCT - Conduct a public hearing and approve a restrictive covenant termination on property locally known as 4009 Banister Lane (West Bouldin Creek Watershed). Applicant Request: To terminate the public restrictive covenant associated with zoning case C14-86-128. Staff Recommendation and Planning Commission Recommendation: To grant the public restrictive covenant termination associated with zoning case C14-86-128. Owner/Applicant: OP Park Place Property, LLC. Agent: Drenner Group, P.C. (Drew Raffaele). City Staff: Nancy Estrada, Austin Planning, 512-974-7617.
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Actions
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Pull recorded 1986 covenant text for Banister Lane
Why now: The Council item describes a public restrictive covenant from case C14-86-128 but the record supplies no covenant terms, beneficiaries, or consent documentation, and names Nancy Estrada of Austin Planning as the staff contact.
What to do: Request the recorded restrictive covenant instrument associated with zoning case C14-86-128 from staff contact Nancy Estrada (512-974-7617) and read who is named as a beneficiary or party entitled to enforce or consent. If a neighborhood group or adjoining owner is named in the instrument, confirm in writing how that consent or notice was handled before Council acts.
Act before: After the requested covenant instrument is produced
Verify watershed limits still bind Banister Lane site
Why now: The September 24, 2026 item terminates only the public restrictive covenant tied to zoning case C14-86-128 and expressly locates the property in the West Bouldin Creek Watershed.
What to do: If the 1986 restrictive covenant on 4009 Banister Lane is terminated, pull the underlying base zoning and the West Bouldin Creek Watershed impervious cover and water quality requirements before assuming the site opens up — termination removes covenant conditions, not watershed or zoning constraints. Budget your yield study on the watershed rules, not on the covenant removal alone.
Act before: After the City Council public hearing on the covenant termination
Ask why 1986 Banister Lane deed restriction is disappearing
Why now: The September 24, 2026 item lists both staff and Planning Commission recommending termination of the C14-86-128 covenant with no stated rationale, and identifies the owner as OP Park Place Property, LLC with agent Drew Raffaele of Drenner Group, P.C.
What to do: Ask Austin Planning for the original 1986 covenant language and any companion rezoning, site plan, or subdivision application filed by OP Park Place Property, LLC or Drenner Group agent Drew Raffaele for the same address. The agenda gives a unanimous staff and Planning Commission blessing but never states what the covenant restricted or why the owner wants it gone.
Act before: After the requested records are produced
Read what protections end at 4009 Banister Lane
Why now: The Council item on 4009 Banister Lane proposes terminating the public restrictive covenant tied to zoning case C14-86-128 without describing its terms, and lists Nancy Estrada, Austin Planning, 512-974-7617 as the contact.
What to do: Before the September 24 hearing, ask Austin Planning for the recorded covenant from the 1986 zoning case so you can see exactly which use, access, buffering, or building limits on this property would be erased — these are the conditions neighbors bargained for decades ago, and once terminated they do not come back.
Act before: After the City Council public hearing on the covenant termination
Key Entities
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Timeline
C14-86-128(RCT) - 4009 Banister Lane RCT - Conduct a public hearing and approve a restrictive covenant termination on property locally known as 4009 Banister Lane (West Bouldin Creek Watershed). Applicant Request: To terminate the public restrictive covenant associated with zoning case C14-86-128. Staff Recommendation and Planning Commission Recommendation: To grant the public restrictive covenant termination associated with zoning case C14-86-128. Owner/Applicant: OP Park Place Property, LLC. Agent: Drenner Group, P.C. (Drew Raffaele). City Staff: Nancy Estrada, Austin Planning, 512-974-7617.