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Austin City Council approved a planned unit development on July 23, 2026 for the cleared Acton School lot at 1404 E. Riverside Drive. The application behind it describes about 381 apartments, up to 180 feet tall, on 2.6 acres beside Lady Bird Lake. According to ATX Things' reading of city records on Oct. 25, 2026, two new filings now sit on the same lot, and a dog park the city required years ago has been paid for but, as far as the records show, not built.
This is a records story, not a sighting. We have not walked the lot, and no builder has told us anything. Everything below comes from city action notes, staff reports and permit records, which we link.
What did Council actually approve on July 23?
Three items on the July 23 agenda touched this lot, and the city's action notes list all three as passed:
- The PUD itself (case C814-2025-0111): rezoning from East Riverside Corridor to a planned unit development, "approved on all three readings."
- The land-use map change (NPA-2026-0021.01), from "Specific Regulating District" to Multifamily, also approved on all three readings.
- Removing the lot from the East Riverside Corridor Regulating Plan, listed as "Approved."
The notes carry a standing warning that they are tentative and do not record who voted which way. We do not have a vote count. They also do not mark the PUD "as amended," a label the city's notes use when Council changes an item, so we read it as approved in the form staff recommended. We have not read the final ordinance text.
How it got there: the Small Area Joint Planning Commission approved it unanimously on March 10, the Environmental Commission recommended it 11-0 with conditions on April 1, and staff recommended granting it. The Planning Commission also recommended it. Council postponed it on May 21 and again on May 28 before the July 23 vote.
What is the PUD, in numbers?
The application letter from the owner's agent, Drenner Group, asks for roughly 381 apartments, including 15 reserved as affordable on site. The PUD notes in the same packet amend the corridor rules to allow a maximum height of 180 feet. The city's review sheet describes the neighbor to the west as four apartment buildings from about 2012 that are roughly 11, 9, 6 and 4 stories.
| Plan already approved | PUD as applied for | |
|---|---|---|
| Homes | 222 | about 381 |
| On-site affordable | 15 | 15 |
| Site | 2.6 acres | 2.6 acres |
Sources: City of Austin staff reports for C814-2025-0111 (March and May 2026); applicant's PUD letter. Final ordinance text not reviewed.
Per the city's staff report, the 15 affordable units are tied to 8,216 square feet of on-site housing, held affordable for 40 years, with a fee-in-lieu of $1.50 per square foot of bonus area for the rest. Treat those terms as the staff report's, not as confirmed ordinance language.
The city's review sheet puts the lot about a quarter mile from the proposed Project Connect rail stop at East Riverside and South Lakeshore. That is a proposed stop, not a built one.
What is on file at the lot right now?
Two active city records, both under the older site plan number SP-2021-0451C, the Acton School Redevelopment plan the city approved on Nov. 15, 2023 for 222 homes:
| Filed | What the record says | Status on Oct. 25 |
|---|---|---|
| Aug. 20, 2026 | Revise the previously approved multifamily site plan. The city lists the project as "Modera Town Lake." | In review since Oct. 14 |
| Oct. 22, 2026 | "Extension of a previously approved and released site plan," filed by Drenner Group. The city's system spells the project "Action School Redevelopment." | Intake pending |
Source: City of Austin development records, as tracked in the Zabalist database, read Oct. 25, 2026.
Neither record lists a unit count, so we cannot tell you what number the revision proposes. The city's records do not say why an extension was filed on the old plan while a revision is also in review. We are not going to guess.
Who is "Modera"? Mill Creek Residential sells apartments under that name elsewhere in Austin, including Modera Domain. The PUD application letter copied Mill Creek on its distribution list. Neither city record names a builder, and we have not heard from the company, so read that as a lead, not a confirmation.
The older plan's own paperwork spells the name "Acton." That is the Acton School of Business that used to stand here. "Action" in the newest record looks like a typo, but it is the city's spelling, so search both.
What about the dog park?
This is the part dog owners in 78741 will care about. When the city approved the 2023 site plan, it required parkland for 222 homes. The city's parks review of the PUD says a park easement was recorded and fiscal surety was posted for improvements: a dog park with seating and lighting. The rest of the parkland, along the north edge by the lake, stays undeveloped but open to the public for passive recreation.
The application letter says about 44% of the site, 1.17 acres, was dedicated to the city as parkland, along with $108,983.43 for park improvements and $504,373.99 in fee-in-lieu. A PUD note elsewhere in the packet gives the acreage as 1.15, so we are calling it a little over an acre.
The city's spring review sheet described the site as cleared, undeveloped land, and the dog park as something that "will be built." We have not confirmed a construction start or an opening date. If the plan changes substantially, the city says Parks and Recreation will re-review. Any homes beyond the 222 already permitted would owe fees in lieu of parkland, per the same review.

What happens to the trees?
The lot has heavy tree cover on its north and east sides, according to the city's review sheet. The PUD notes in the March packet allow administrative removal of two live oaks, a 35-inch and a 30-inch, and say the 35-inch tree is flagged as needing no mitigation. A 26-inch American elm was already cleared for removal under the existing site plan, with mitigation at 150%. The Environmental Commission's conditions, according to the Citizen Portal summary of its April 1 meeting, covered stormwater treatment, tree mitigation and bird-friendly design.
The tree numbers come from the March application packet. Final conditions may differ in the ordinance, which we have not read.
What can you do with this?
- Pull the records yourself. Search the city's permit portal for SP-2021-0451C(R1) and the Oct. 22 extension, and the council item for C814-2025-0111. The links are below.
- Watch the revision. A site plan in review is where the unit count, building footprint and park layout become specific. That is the next place real numbers will appear.
We cover filings like this one twice a day, alongside the events and openings worth your evening. The West Campus tower we reported on Oct. 24 is the same kind of story: a 30-story student tower registered with the state. Our monthly Austin Development Report tracks the wider pipeline, and the parkland trade-offs here echo the Country Club Creek greenbelt item council heard Oct. 22. Permit and project records live on our sister platform, Zabalist.
Frequently asked questions
How many apartments are planned at 1404 E. Riverside?
The PUD application asks for about 381, including 15 affordable units on site. The previously approved site plan allows 222. Council approved the PUD on July 23, 2026, but the revised site plan that would set the final count is still in city review, so the number is not final.
How tall can the buildings be?
The PUD notes in the application packet allow a maximum height of 180 feet. For comparison, the city's review sheet describes the neighboring apartment buildings to the west as roughly 11, 9, 6 and 4 stories. We have not read the final ordinance.
Is the dog park built?
Not as far as the records show. The city's parks review says surety was posted for a dog park, seating and lighting, and that it will be built. The site was described as cleared, undeveloped land in spring 2026. We have not visited and have no opening date.
What was on the lot before?
The Acton School of Business, which is why older city records say "Acton." The city's sheet now calls the 2.6-acre tract cleared land from the former school. A prior site plan application from 2021 expired in 2022, and the plan the city approved in November 2023 is the one on file.
Where do I check the status myself?
Search the City of Austin permit portal for the site plan numbers and the council action notes for July 23, 2026, item 120. Case numbers: C814-2025-0111 (rezoning), NPA-2026-0021.01 (land-use map), SP-2021-0451C and its revision (site plan).
Sources
- City Council action notes, July 23, 2026 (items 98, 119, 120) and May 21, 2026 / May 28, 2026 (postponements)
- Staff report, C814-2025-0111, Planning Commission May 12, 2026
- Environmental Commission staff packet with applicant letter and PUD notes
- City permit record: revision SP-2021-0451C(R1) and extension filed Oct. 22
- Mill Creek Residential: Modera Domain
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