ITEM06 C15-2022-0088 ADV PACKET DEC 12

Board of Adjustment – Dec. 12, 2022

ITEM06 C15-2022-0088 ADV PACKET DEC 12 — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2022-0088 BOA DATE: December 12th, 2022 ADDRESS: 705 E 50th St OWNER: Homebound Texas Propco COUNCIL DISTRICT: AGENT: Drew Padgett ZONING: SF-3-NCCD-NP (North Hyde Park) LEGAL DESCRIPTION: ABS 789 SUR 57 WALLACE J P 0.2200 ACRES VARIANCE REQUEST: increase the maximum setback from 30 feet to 40 feet 10 inches SUMMARY: erect Single-Family home and ADU ZONING LAND USES ISSUES: Tree CRZ Site North South East West SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP Single-Family Single-Family Single-Family Single-Family Single-Family NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Central Austin Community Development Corporation Friends of Austin Neighborhoods Friends of Hyde Park Homeless Neighborhood Association Hyde Park Neighborhood Assn. Hyde Park Neighborhood Plan Contact Team Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTexas Sierra Club, Austin Regional Group ITEM6/1November 29, 2022 Drew Padgett 1511 Shore Rd Middle River, MD 21220 Re: C15-2022-0088 Dear Drew, Property Description: ABS 789 SUR 57 WALLACE J P 0.2200 ACRES Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance request from the North Hyde Park NCCD Ord. #20050818-064, PART 7(2)(b) at 705 E 50th St. Austin Energy does not oppose the request, provided that any proposed or existing improvements follow Austin Energy’s Clearance & Safety Criteria, the National Electric Safety Code, and OSHA requirements. Any removal or relocation of existing facilities will be at the owner’s/applicant’s expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://library.municode.com/tx/austin/codes/utilities_criteria_manual?nodeId=S1AUENDECR_1 .10.0CLSARE If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Cody Shook, Planner II Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6881 Cody.Shook@austinenergy.com ITEM6/2CITY OF AUSTIN Development Services Department Permitting & Development Center Phone(cid:29) 512(cid:17)(cid:28)(cid:26)(cid:27)(cid:17)4000 6310 Wilhelmina Delco Dr(cid:15) (cid:36)(cid:88)(cid:86)tin(cid:15) (cid:55)e(cid:91)a(cid:86) (cid:26)(cid:27)(cid:26)52 Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. This application is a fillable PDF that can be completed electronically. To ensure your information is saved, click here to Save the form to your computer, then open your copy and continue. The Tab key may be used to navigate to each field; Shift + Tab moves to the previous field. The Enter key activates links, emails, and buttons. Use the Up & Down Arrow keys to scroll through drop-down lists and check boxes, and hit Enter to make a selection. The application must be complete and accurate prior to submittal. If more space is required, please complete Section 6 as needed. All information is required (if applicable). For Office Use Only Case # __________________ ROW # ___________________ Tax # ____________________ 13048236 0222110104 C15-2022-0088 Section 1: Applicant Statement Street Address: __________________________________________________________________ Subdivision Legal Description: ____________________________________________________________________________ ____________________________________________________________________________ Lot(s): _________________________________ Block(s): _____________________________ Outlot: _________________________________ Division: _____________________________ Zoning District: ___________________________________________________________________ (North Hyde Park) Council District: 9 I/We ________________________________________________ on behalf of myself/ourselves as authorized agent for ________________________________________________ affirm that on Month , Day , Year , hereby apply for a hearing before the Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: ____________ Type of Structure: ______________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 06/24/2021 | Page 4 of 8 ITEM6/3 Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 06/24/2021 | Page 5 of 8 ITEM6/4 Area Character The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 06/24/2021 | Page 6 of 8 ITEM6/5Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: _____________ Applicant Name (typed or printed): ___________________________________________________ Applicant Mailing Address: __________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ______________________ Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: _____________ Owner Name (typed or printed): ______________________________________________________ Owner Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ______________________________ Email (optional – will be public information): ____________________________________________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Agent Mailing Address: ____________________________________________________________ City: ________________________________________ State: ________________ Zip: _______ Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 06/24/2021 | Page 7 of 8 ITEM6/6TREE PROTECTION NOTES: 1. 2. 3. 4. 5. 6. MULCH TRAFFIC AREA AND SET PROTECTIVE FENCING AROUND TREES IN CRITICAL ROOT ZONES. NO CONSTRUCTION STAGING WITHIN CRITICAL ROOT ZONES. FOOTINGS WITHIN CRITICAL ROOT ZONES TO BE EXCAVATED USING AN AIR SPADE BY A CERTIFIED ARBORIST ON SITE AND USING PRESCRIBED SOIL TREATMENT. IF ANY ROOTS 1.5” OR GREATER ARE ENCOUNTERED DURING EXCAVATION, FOOTING MUST BE MOVED TO AVOID ROOT. CONTACT ENGINEER FOR DIRECTION OF SHIFT. MATERIAL STAGING, DUMPSTER AND SPOILS PLACEMENT CANNOT BE WITHIN THE ½ CRZ OF ANY PROTECTED TREES. PORTABLE TOILET AND CONCRETE WASHOUT CANNOT BE WITHIN THE FULL CRZ OF ANY PROTECTED TREES. COORDINATE EXACT LOCATIONS WITH TREE INSPECTOR DURING PRECONSTRUCTION MEETING. WRAP CONNECTIONS OF CONCRETE LINE PUMP WITH PLASTIC TO PREVENT CONCRETE SLURRY FROM LEACHING INTO GROUND AND NEAR ROOTS OF TREES. IF HEAVY EQUIPMENT WILL BE ROLLING OVER ANY AREA OF THE FULL CRZ OF PROTECTED TREES, PROVIDE 3/4" PLYWOOD OVER 2X4 LUMBER OVER 12″ LAYER OF MULCH TO BRIDGE OVER THE ROOTS AND PREVENT SOIL/ROOT COMPACTION. AFTER CONSTRUCTION IS COMPLETED, SPREAD MULCH AROUND SITE TO LEAVE A MAX LAYER OF 3″ WITHIN ROOT ZONES. TREE LIST 59 60 61 62 78 108 109 110 111 112 10.5" Hackberry 10" Hackberry 10" Hackberry 25.5" Pecan 13" Ligustrum 12" Elm 22" Ligustrum 8" Hackberry 19" Ligustrum 14.5" Hackberry DEMO DEMO SITE PLAN NOTES 1. PRIOR TO START OF DEMOLITION & CONSTRUCTION, CONTRACTOR SHALL PROVIDE & INSTALL EROSION CONTROL BARRIERS AS REQUIRED. 2. UPON COMPLETION OF THE WORK, CONTRACTOR SHALL CLEAR THE SITE OF ANY MATERIAL DEBRIS, & CLEAN UP ANY BUILDING OR SITE AREAS AFFECTED BY CONSTRUCTION. 3. EXTERIOR HVAC EQUIPMENT SHALL BE SCREENED IN COMPLIANCE W/ ANY CITY OF AUSTIN REGULATIONS AND/OR LOCAL DEED RESTRICTIONS. 4. EXISTING TREES SHALL BE MAINTAINED, UNLESS NOTED OTHERWISE. 5. BUILDER TO PROVIDE PROPER DRAINAGE OF SURFACE WATER AWAY FROM BUILDING AS REQ'D. 6. VERIFY METER & UTILITY SERVICE LOCATIONS PRIOR TO INSTALLATION. 7. STABILIZED TEMPORARY CONSTRUCTION DRIVEWAY TO BE IN PACE PRIOR TO COMMENCEMENT OF CONSTRUCTION. 8. CONFIRM ALL DRIVEWAY, WALKWAY & PVC LAYOUTS/LOCATIONS PRIOR TO COMMENCING WORK. 9. PROVIDE CONTROL AND EXPANSION JOINTS AS REQUIRED ON CONCRETE DRIVES, WALKS & PATIOS. 10. GARBAGE RECEPTACLES TO BE STORED IN GARAGE OR SCREENED FROM VIEW AND ANIMAL ACCESS. 11. CONTRACTOR TO PROVIDE LOCATION OF MAILBOX AND EXTERIOR DRIVEWAY LIGHTS. 12. ALL CONSTRUCTION MATERIALS AND WASTE TO BE STORED ON SITE DURING CONSTRUCTION. 13. TREES TO BE REMOVED SHALL BE REMOVED FROM THE SOIL TO A DEPTH OF 12" BELOW THE SURFACE OF THE GROUND IN THE AREA OF THE BUILDING. 14. GRADING BY CONTRACTOR. N59° 45' 09" W 49.73' 656' - 0" 656' - 0 1/2" 10' setback 656' - 0" 12' - 0" #108 12" Elm T R E E P R O T E C T I O N F E N C I N G " 1 1 - 8 2 ' I 4 N O T R O P T N E T #109 22" Ligustrum 5 ' - 6 " 11' - 0" 1/4 CRZ 22' - 0" k c a b t e s ' 5 1/2 CRZ FULL CRZ MATCHLINE 656' - 5 1/2" HIGH POINT TENT 4 k c a b t e s ' 5 MATCHLINE 2 architectural site plan - PART 2 1/8" = 1'-0" MATCHLINE 656' - 3" 656' - 4 1/2" LOW POINT FND 656' - 4 1/2" 656' - 11" 656' - 5 1/2" HIGH POINT TENT 4 TREE PROTECTION FENCING visitable route per CoA R320.7, maintain slope less than 1:20 and cross slope of less than 1:50 CAR PORT PROVIDE BLOCKING AT THE WALL TOP PLATE TO THE ROOF SHEATHING PER R301.1(1) FOOTNOTE 'a'. NO GABLE VENT OPENINGS PER R302.1(1) FOOTNOTE 'b'. (1 HOUR RATING ON UNDERSIDE OF PROJECTIONS EXCEPTION) 656' - 8" 656' - 9" ADU F.F.E. 657' - 11" A.A.G. 656' - 8.25" 8' - 0" #110 8" Hackberry #111 19" Ligustrum 19' - 0" 656' - 9" HIGH POINT FND 657' - 0 1/2" HIGH POINT TENT 3 #112 14.5" Hackberry " 4 ' - 6 1 657' - 0" GAS METER W A TE R S U P P Y W A STE W A TE R dumpster k c a b t e s ' 5 G A S S E R VIC E A/C 657' - 0" k c a b t e s ' 5 6 5 7' - 0 " wash out MATCHLINE 1/2 CRZ - no cut/fill greater than 4". Provide 6'H fence to protect (typ.) Any portion of the CRZ which is not protected by fencing must be covered by an 8-inch layer of hardwood mulch NOTE: Provide Tree Protection Slats/Boards as req'd per Environmental Criteria Manual Sect 3.5.2 (Typ.) PROVIDE BLOCKING AT THE WALL TOP PLATE TO THE ROOF SHEATHING PER R301.1(1) FOOTNOTE 'a'. NO GABLE VENT OPENINGS PER R302.1(1) FOOTNOTE 'b'. (1 HOUR RATING ON UNDERSIDE OF PROJECTIONS EXCEPTION) " 0 - 0 4 ' I 3 N O T R O P T N E T " 0 - 0 4 ' I 2 N O T R O P T N E T 13' - 0" #78 13" Ligustrum 657' - 0 1/2" 657' - 2" ' 4 0 . 8 8 1 W " 0 0 ' 0 1 ° 0 3 S 657' - 0" material staging LOW POINT FND 657' - 1 1/2" GAS METER GARAGE visitable route per CoA R320.7, maintain slope less than 1:20 and cross slope of less than 1:50 657' - 3 1/2" 657' - 7 1/2" HIGH POINT TENT 2 657' - 2" 657' - 5" A/C A/C ' 9 5 . 7 8 1 E " 4 1 ' 8 5 ° 9 2 N " 0 - 0 4 ' I 1 N O T R O P T N E T 1/2 CRZ - no cut/fill greater than 4". Provide 6'H fence to protect (typ.) Any portion of the CRZ which is not protected by fencing must be covered by an 8-inch layer of hardwood mulch NOTE: Provide Tree Protection Slats/Boards as req'd per Environmental Criteria Manual Sect 3.5.2 (Typ.) 658' - 0" HIGH POINT TENT 1 visitable entrance to have a non-stepped entry with a cross slope of less than 2% (1:50) and have a beveled door threshold of less than 1/2" MAIN HOUSE F.F.E. 658' - 5.5" A.A.G. 657' - 6.5" 657' - 6 1/2" 10'-1" Building Line GARAGE WIDTH 21'-7" HOUSE WIDTH 657' - 4 1/2" TREE PROTECTION FENCING 657' - 11" HIGH POINT FND FULL CRZ 1/2 CRZ 1 2' - 9" 6 " - 2 5 ' 1/4 CRZ 6' - 4 1/2" #62 25.5" Pecan 25' setback I I G N C N E F N O T C E T O R P E E R T 1 0' - 0" #60 10" Hackberry 10' - 0" #59 10.5" Hackberry 10' - 6" #61 10" Hackberry I E C V R E S S A G R E T A W E T S A W W A T E R S U P P Y toilet WW CO 12'-0" TYPE 1 DRIVEWAY 21'-0" PER TAP CARD r e a c h a r c h i t e c t s 1107 south 8th street austin, texas 78704 512.970.5669 705 E 50th Street 705 E 50th Street Austin, TX 78751 NOT PUBLISHED. ALL RIGHTS RESERVED BY REACH ARCHITECTS. DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVIVE AND SHALL REMAIN THE PROPERTY OF REACH ARCHITECTS, ISSUED TO DESCRIBE DESIGN INTENT. THEY ARE NOT TO BE USED ON OTHER PROJECTS OR EXTENSIONS TO THIS PROJECT EXCEPT BY AGREEMENT IN WRITING AND WITH APPROPRIATE COMPENSATION TO REACH ARCHITECTS. CONTRACTOR, SUB-CONTRACTOR & SUPPLIERS ARE RESPONSIBLE FOR CONFIRMING AND CORRELATING DIMENSIONS AND CONDITIONS AT THE JOB SITE, AND SHALL BE RESPONSIBLE FOR ALL LABOR AND MATERIALS REQUIRED IN ACCORDANCE WITH THE DESIGN INTENT. REACH ARCHITECTS WILL NOT BE RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THIS PROJECT. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE CODES AND ORDINANCES. GIST E R E D AR N C.K N L A A C H I T O E X C T E R S T 219 4 5 A T E FO X E T SA 07.19.2022 No. Description Date Date 07.19.2022 project number Drawn by Checked by 1135 tr ack A001 M A 9 4 : 2 3 : 9 2 2 0 2 / 9 1 / 7 S60° 16' 09" E 50.38' FEE IN LIEU OF SIDEWALK OVERHEAD POWERLINE existing WM POWER POLE 1 architectural site plan 1/8" = 1'-0" plan north true north architectural site plan GAS WW WATER TAP MH01 - CM - KITCH - BED - CLOSET - RVS ITEM6/7705 East 50th Street Variance Request 11/08/2022 ITEM6/8Understanding the Hardship ITEM6/9705 E 50th Street - Understanding the 2 items in conflict The address was submitted for review, and during the expedited review meeting we discovered a somewhat unique overlapping of requirements preventing common footprint homes to be developed here. Item #1 - Setbacks ● ● ● The Maximum Front Yard setback is 30’ per the North Hyde Park NCCD The Minimum Front Yard Setback is 25’ per SF-3 Zoning The existing home’s setback Is approximately 34’-6” (shown in later slides) ITEM6/10705 E 50th Street - Understanding the 2 items in conflict The address was submitted for review, and during the expedited review meeting we discovered a somewhat unique overlapping of requirements preventing a reasonable home. Item #2 - Tree CRZ ● ● Tree #62 is a 25.5” Heritage Pecan tree that has >50% of Its CRZ(s) on the buildable Portion of the lot There is only a 14’ wide area to Place a home within the first 15’ Of buildable depth. ● We understand CoA does NOT want to lose this tree (And neither do we!) ITEM6/11REMAINDER OF HOME SF GARAGE/ CARPORT Y R T N E 705 E 50th Street - The Hardship The Hardship: ● ● The space between the 25’ & 30’ range, between Tree CRZ and the property line leaves us with 14’ of frontage to work with. If The home were to have a reasonable garage or carport (9-10’ wide) seen in Gray: ○ The remaining frontage (4’-5’) would likely be entry/hallway and would be roughly 10’-15’ Long until the ½ CRZ was cleared to provide proper width for the rest of the home’s SF. Seen in Light Blue ● A home with the described above massing is not congruent with the neighborhood’s character and assigns a disproportionate amount SF to circulation/entry. ITEM6/12705 E 50th Street Our current solution: ● Places us as close to the street as possible while respecting our (growing) Heritage Pecan ● Exceeds the NCCD Maximum by 10’, but only ● adds 6’ to what our existing established setback is. In the slide below, additional lots where the NCCD maximum setback has been exceeded has been noted for context ITEM6/13Some Additional Context ITEM6/14705 E 50th Street - Current Context The Current property violates the Maximum setback, we’d like to think it was to make room for the tree at the time, but the tree has since grown a little ● 705 East 50th ○ 34.5’ Setback (Roughly) ITEM6/15705 E 50th Street - Some Context There are 2 Properties to the East of 705 E 50th, this example is only 100’ away. ● 611 East 50th ○ 128’ Setback (Roughly) ITEM6/16705 E 50th Street - Some Context There are 2 Properties to the East of 705 E 50th, this example is about 400’ away. ● 511 East 50th ○ 77’ Setback (Roughly) ITEM6/17ORDINANCE NO. 20050818-064 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP ACCOMPANYING CHAPTER 25-2 OF THE CITY CODE TO ESTABLISH THE NORTH HYDE PARK NEIGHBORHOOD CONSERVATION-NEIGHBORHOOD PLAN (NCCD-NP) COMBINING DISTRICT FOR THE PROPERTY WHOSE BOUNDARIES ARE 51ST STREET TO THE NORTH, 45™ STREET TO THE SOUTH, GUADALUPE STREET TO THE WEST AND RED RIVER STREET TO THE EAST, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND TO MODIFY CERTAIN BASE DISTRICTS IN THE NCCD-NP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to establish the North Hyde Park neighborhood conservation-neighborhood plan (NCCD-NP) combining district and to add a NCCD-NP to each base zoning district within the property and to change the base zoning districts on 11 tracts of land on the property described in Zoning Case No. C14-04-0196, on file at the Neighborhood Planning and Zoning Department, as follows: Approximately 253 acres of land, more or less, in the City of Austin, Travis County, Texas, more particularly described and identified in the attached Exhibit "A" incorporated into this ordinance, Save and Except the following property (the "Property"), 609 Fairfield Lane (out of Tract 11), and 4505 Duval Street, generally known as the North Hyde Park conservation-neighborhood plan combining district, locally known as the area bounded by 51st Street to the north, 45th Street to the south, Guadalupe Street to the west, and Red River Street to the east, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. The base zoning of the 11 tracts shown in the chart below are changed from family residence (SF-3) district, family residence-historic (SF-3-H) combining district, urban family residence (SF-5) district, limited office (LO) district, community commercial- conditional overlay (GR-CO) combining district, and general commercial services (CS) Page 1 of 25 ITEM6/18residence neighborhood conservation-neighborhood plan district, to single family residence standard lot-neighborhood conservation-neighborhood plan (SF-2-NCCD-NP) combining district, single family residence standard lot-historic- neighborhood conservation-neighborhood plan (SF-2-H-NCCD-NP) combining district, (SF-3-NCCD-NP) family combining district, multifamily residence moderate high density-neighborhood conservation-neighborhood plan (MF-4-NCCD-NP) combining district, neighborhood office-neighborhood conservation-neighborhood plan (NO-NCCD-NP) combining district, limited office-neighborhood conservation-neighborhood plan (LO-NCCD-NP) combining district, and community commercial-neighborhood conservation-neighborhood plan (GR- NCCD-NP) combining district. MAP TRACT # PROPERTY ADDRESS FROM TO 1 2 4 5 6 7 8 9 4812 Rowena 4510 Duval 4500 Avenue B 4502 Avenue A 4539-4553 Guadalupe 600, 602, 604, 606, 608,610,612,614, 616, 61 8,620 Fairfield Ln. 4807, 4809 Eilers Av. 4800, 4802, 4804, 4806 Evans Av. 4801,4803,4805, 4807, 4809, Duval St. 604 E. 47in St. 4700, 4702 Eilers Av 601,603,605,607, 609, 611, 613, 615, E. 48th St 4701,4703,4705 Evans 10 600, 602 E. 47th St. 4700, 4702, 4704, 4706,4708,4710, SF-5 CS LO GR-CO CS SF-3-NCCD-NP LO-NCCD-NP NO-NCCD-NP MF-4-NCCD-NP GR-NCCD-NP SF-3 SF-2-NCCD-NP SF-3-H SF-2-H-NCCD-NP SF-3 SF-2-NCCD-NP SF-3 SF-2-NCCD-NP Page 2 of 25 ITEM6/19MAP TRACT # PROPERTY ADDRESS FROM TO 4712, 4714 Evans Av 4701,4703,4705, 4707,4709,4711, 4713, 4715 DuvalSt 4801,4803,4805 Evans Av 603,605,607,611, Fairfield Ln 4802, 4804 Eilers Av 602, 604, 606, 608, 610, 612 E. 48th St 4701,4703,4705, 4707,4709,4801, 4803, 4805 Eilers Av 11 12 SF-3 SF-2-NCCD-NP SF-3 SF-2-NCCD-NP PART 3. Definitions. In this ordinance: ACCESSORY BUILDING means a building in which an accessory use is located that is detached from and located on the same site as a building in which a principal use is located. AVENUE means a street running in a north-south direction and designated as an avenue. CIRCULAR DRIVEWAY means a cul-de-sac type driveway with one access point or a half-circular driveway with two access points. COMMERCIAL DISTRICT MEANS the districts within the hierarchy of zoning districts from neighborhood office (NO) district through commercial-liquor sales (CS-1) district. DISTRICT means the Residential District, Avenue A District, Guadalupe District, and Duval District. DRIVEWAY RUNNERS means a pair of pavement strips acting as a driveway. Page 3 of 25 ITEM6/20EXCESS PARKING means parking spaces that exceed the parking required by Title 25 of the Code and the regulations in this ordinance, FRONT OF BUILDING means the side of a building that includes the main entrance to the building including any offset. FULL BATHROOM means a bathroom with a toilet, sink, and a bathtub or shower or shower/bathtub combination. HALF-STORY means livable space that is contained between the eave and ridge of a dwelling. HABITABLE SPACE has the meaning used in the Building Code. MANEUVERING means managing a vehicle into or out of a driveway or parking space from a public right-of-way. PEDESTRIAN-ORIENTED USES means those uses identified in Subsection (C) of Section 25-2-691 (Waterfront Overlay District Uses). REDEVELOPMENT means development in which the value of the improvements is 50 percent of the value of all existing improvements on the site or development that requires a site plan. TANDEM PARKING means one car behind another so that one car must be moved before the other can be accessed. PART 4. The North Hyde Park NCCD-NP is divided into the following districts which are more particularly identified on the map attached as Exhibit "C". 1. The Residential District - includes all property not included in another district. 2. The Avenue A District - generally located one-half block east and one-half block west of Avenue A from 45th Street to the Intramural Fields. 3. The Duval Commercial District - located at 4500,4510, 5011 and 5012 Duval Street. 4. The Guadalupe District - generally located from Guadalupe Street to one-half block east of Guadalupe Street from 45th Street to the Intramural Fields. Page 4 of 25 ITEM6/21PART 5. Permitted and Conditional Uses. 1. Residential Base Districts. a. Except as provided in this section, the permitted and conditional uses for the residential base zoning districts apply in accordance with the Code. b. A group residential use is prohibited in the North Hyde Park NCCD-NP. 2. Commercial Base District. a. Except as otherwise provided in this ordinance, the following table establishes the permitted and conditional uses for property in commercial zoning districts in the North Hyde Park NCCD-NP. b. Column A applies to property with commercial zoning in the Residential District. c. Column B applies to property in the Duval District. d. Columns C & D apply to property that has commercial zoning in the Avenue A District. COLUMN USES Art Gallery Art Workshop Administrative and business offices Commercial off-street parking Condominium Residential Congregate living Consumer convenience services Consumer repair services Cultural services Custom manufacturing A NO p ,„ ». __ c .. — Page 5 of 25 B Duval Commercial District C D Avenue A District Avenue A District Residential District CS/GR p p p p __ p p p c GR p p p c __ c p p p — GO p p _ _ _ c ~ _ p — ITEM6/22Residential District A NO __ B Duval Commercial District c D Avenue A District Avenue A District CS/GR GR GO COLUMN USES Club or lodge Day care services (limited) Day care services (general) Day care services (commercial) Duplex residential Family home Financial services Food Preparation Food sales General retail sales (convenience) General retail sales (general) Group home class 1 (limited) Group home class 1 (general) Group home class II Guidance services Hospital (limited) not to exceed 2500 s.f. Indoor entertainment Laundry services Local utility services Medical offices (not over 2500 s.f.) Medical offices (over 5000 s.f.) Mult if am My residential Off-site accessory parking Personal improvement services Personal Services Private primary educational facilities Private secondary educational facilities Professional office Public primary educational facilities Public secondary educational facilities Religious assembly Restaurant (limited) Restaurant (general) Single-family residential p p __ p p _„ p p c ._ __ __ „_ __ __ ._ ._ p p p p p p __ « p Page 6 of 25 p p c p p p p p p p p p c p p c c p p __ p _- p p p p p p p p p p p p p p p p p p _. p p P p p P ._ __ P p p p c p p p p p p p p p p p p p C p p p _ _ p p p p _ __ p p p _ _ p p p p p _ _ _ _ _ ITEM6/23COLUMN B Duval Commercial District C D Avenue A District Avenue A District Residential District USES Theater Software development Two-family residential Veterinary services (not to exceed 2500 s.f.) CS/GR p p p p GR p C p p GO P _ _ _ A NO c __ p 3. This section applies to the uses established in Section 2 of this part. a. The maximum size of a day care services (commercial) use permitted under Column A is 2500 square feet, under Column B is 5000 square feet, and under Column C and Column D is 5000 square feet. b. A financial service use or food sales use permitted under Column B or Column D may not include a drive-in service. c. The maximum size of a private primary educational facilities use permitted under Column A is 2500 square feet, under Column B is 5000 square feet, and under Column C is 5000 square feet. d. The maximum size of a private secondary educational facilities use permitted under Column A is 2500 square feet, under Column B is 5000 square feet, and under Column C is 5000 square feet. e. The maximum size of a restaurant (limited) and restaurant (general) use permitted under Column B or Column C is 2500 square feet. f. The maximum size of a theater use permitted under Column B or Column C is g. The maximum size of a cultural services use permitted under Column D is 5000 5000 square feet. square feet. Page 7 of 25 ITEM6/24h. The following applies to a use in Column B. (i) A residential use in Column B is permitted only above the ground floor for 4500 and 5011 Duval Street (ii) A commercial use in Column B is required to be located on the ground floor of 4500 and 5011 Duval Street. (Hi) A commercial use in Column B is permitted only on the ground floor of 5012 Duval Street. i. A food preparation use in Column B: (i) must be located on the same site as a food sales use or a restaurant use; and (ii) may not exceed 5000 square feet of building coverage, and not more than the total square feet of a food sales use or a restaurant use. j. The following applies to 4510 Duval Street (i) The property may be developed only with the uses permitted in a limited office (LO) district and a multifamily residence medium density (MF-3) district; and (ii) A limited office (LO) use may not exceed 2500 square feet of a residential use on the ground floor; and (iii) A commercial use is prohibited above the ground floor, k. The following applies to 4500 Duval Street. (i) The following additional uses are permitted for 4500 Duval Street and are limited to the lot size that existed on April 1, 2005. Automotive rentals Automotive sales Automotive repair services Service station Page 8 of 25 ITEM6/25(ii) The following are additional conditional uses for the property: Commercial off-street parking Plant nursery Off-site accessory parking (iii) The following uses are additional permitted uses for the property: Bed and breakfast residential (Group 1) Bed and breakfast residential (Group 2) Hotel-motel (iv) Automotive washing (of any type) use is allowed only in conjunction with another permitted use, and is limited to 20 percent of the gross site area. (v) A printing and publishing use may not generate traffic that exceeds 300 trips per day. 1. The following applies to property located in the Guadalupe District. (i) Permitted uses. Administrative and business offices Art workshop Business support services Community recreation (public) Congregate living Consumer repair services Day care services (commercial) Day care services (limited) Family home Food sales General retail sales (general) Group home class I (limited) Hospital services (limited) Indoor sports and recreation Medical offices Personal improvement services Private primary educational facilities Public primary educational facilities Professional office Page 9 of 25 Art gallery Business or trade school Communication service facilities Community recreation (private) Consumer convenience services Cultural services Day care services (general) Duplex residential Financial services General retail sales (convenience) Group home class I (general) Group home class II Indoor entertainment Local utility services Multifamily residential Personal services Private secondary educational facilities Public secondary educational facilities Religious assembly ITEM6/26Research services Restaurant (limited) Safety services Software development Single-family residential Two-family residential Residential treatment Restaurant (general) Plant nursery Theater Printing and publishing (ii) A theater use may not exceed a building coverage of 5000 square feet. (iii) A residential use may not be located in the front 70 percent of the ground floor of a building located on the west one-half of 4501 Guadalupe Street. (iv) A telecommunication tower use is a permitted or conditional use as defined by Section 25-2-839 (Telecommunication Towers) of the Code. (v) A drive-in service use as an accessory use to a restaurant use is prohibited. PART 6. General Provisions. Except as otherwise provided in this ordinance, the following provisions apply to all property within the NCCD-NP. 1. Pedestrian-oriented uses. If a parking facility is located on the ground floor of a building, a pedestrian-oriented use or habitable space shall be located at the front of a building on the ground floor. 2. Front of building and lot. a. Except as otherwise provided, a building shall front on a north-south street. A building located on a lot that only has frontage on a numbered street or an east- west street may front on the numbered street or the east-west street. b. A building shall front on the short side of the lot or where lots have been combined, on the side where the original short ends of the lots fronted. c. The street on which a building fronts under this section is the front of the property on which the building is located for purposes of this ordinance. d. The area east of Duval Street is exempt from the regulations in this section. Page 10 of 25 ITEM6/273. Street yard setbacks. The following provisions apply to all Districts except the Duval District and the Guadalupe District. a. Front yard setback. (i) The minimum front yard setback equals the average of the front yard setbacks of the principal single family buildings on the same side of the street of a block. The maximum setback may not exceed the average setback by more than five feet. If more than one principal building is located on a property, then the setback of the building closest to the prevailing setback line shall be used in this calculation. (ii) A building setback more that 35 feet shall not be used in averaging a setback. (iii) The area east of Duval Street is exempt from the regulations in this section. (iv) The front yard setback for multifamily residential development in the Avenue A District is established under Part 8, Section 1 of this ordinance. b. Street side yard setbacks. Except as otherwise provided in this section, minimum street side yard setbacks are established by City Code. (i) On a block face that does not include the fronts of lots, the street yard setback of the subject property may equal the average of the street yard setbacks of the buildings on adjoining lots. In this section, a building across an alley is a building on an adjoining lot. The street side yard setback may be established by a principal building or an accessory building that contains a living unit on the ground floor that fronts on the street. (ii) If there are no principal buildings on the same side of a street to establish an average setback, then the street yard setbacks are established by City Code. (iii) Notwithstanding any other provision in this section or in Part 7, a street side yard setback may not be less than five feet in all Districts. c. For pmposes of this section, 45 1A Street between Avenue G and Avenue H is considered to be an alley. Page 11 of 25 ITEM6/28d. For purposes of this section, the 4500 blocks of Avenue G and Avenue H are each considered to be one block in length for setback averaging calculations. e. In the area between Rowena Street and Avenue F, between East 51st street and East th47 Street, a building may be replaced at the same front setback line as a principal structure that existed on April 1, 2005. 4. Fences. a. A fence located in a front yard may not exceed a height of four feet and shall have a ratio of open space to solid material of not less than 1 to 1.5. A solid natural stone wall not over 36 inches tall is permitted. b. This subsection applies to a fence located in a street side yard that abuts the front of an adjacent property and is greater than four feet in height. The portion of a fence that is greater than four feet shall have a ratio of open space to solid material of not less than 1 to 1.5. c. A fence located along an alley shall have an inset to accommodate a trash receptacle. The inset shall be a minimum 18 square feet. 5. Driveway and parking access. A driveway that provides access to four or fewer required parking spaces may be designed with gravel surfacing or using driveway runners. The Director of the Watershed Protection and Development Review Department must approve design and construction. A driveway apron shall comply with City of Austin specifications. 6. Except as otherwise provided in this section, the entrance of a building in which a principal use is located shall be located on the front of a building. a. For a multifamily use, this applies to the portion of the building that abuts the street. b. For a duplex use this applies to one dwelling unit. c. If a lot only has frontage on an alley, the entrance of a building may face the alley. Page 12 of 25 ITEM6/297. Except for a single-family, duplex, or two-family residential use, excess parking is prohibited. 8. This section applies to a multifamily use. a. A maximum of one sign is permitted on a building. b. The size of a sign may not exceed one foot in height and eight feet in length. c. Internal lighting of a sign is prohibited except for the internal lighting of individual letters. d. Free-standing signs are prohibited. 9. Alley access is permitted if the access complies with applicable City regulations for maneuverability. At least 25 feet maneuverability space perpendicular to a parking area is required and may include the alley width. 10. This section applies to construction of a single family, duplex, or two-family residential use on property that is located in a townhouse and condominium residence (SF-6) district or less restrictive zoning district. Except as otherwise provided in this section, construction must comply with the regulations for the family residence (SF-3) district. Construction may comply with the regulations of the district in which the use is located if construction complies with the compatibility standards of the Code. 11. The following provisions apply in all Districts except the Guadalupe District. a. A one-lane circular driveway is permitted on lots over 100 feet wide. b. Except as otherwise provided in the section, access to a site is limited to one curb cut. Except in the Residential District, a site that has a total of 100 feet of frontage or more may have two curb cuts. In the Residential District, a site may have two curb cuts if the site has a total of 100 feet of frontage or more and has two dwelling units or is a through lot. For a duplex use or single-family attached use, a lot that is at least 50 feet wide may have two one-lane driveways that are a maximum of 10 feet wide if they are separated by the house. c. Driveways. Page 13 of 25 ITEM6/30(i) A driveway located in a front yard for a residential use, may not exceed a width of 12 feet from the driveway apron to the building setback line and 24 feet from the building setback line to a parking area. (ii) A driveway may not exceed a width of 18 feet on a side street, (iii) The width of a driveway is not limited on an alley. (iv) The width of a driveway may not exceed 25 feet for a commercial, civic, multifamily residential, or condominium residential use. For a residence that had a double driveway or garage at the front of a building that existed on February 1, 2005, the double driveway and garage may continue to serve the existing residence even if additional square footage is added to the residence. d. Parking. This section applies to a single family, duplex, or two-family residential (v) use. (i) Current parking regulations are required: (a) if 300 square feet or more are added to the air conditioned gross building floor area of a structure. This includes conversion of accessory space to habitable space; or, (b) if the principal use changes; or (c) if a full bathroom is added to a dwelling unit that has three or more bathrooms. (ii) A person may not reduce existing parking spaces to a number less than the number of spaces prescribed in the City Code for the present use nor may a person reallocate existing parking spaces to a new use unless the prior use is terminated or reduced in size. (iii) A required or excess parking space may not be located in a street yard except that 25 percent of the width of a front yard or a maximum of 20 feet, may be used for not more than two required parking spaces. Page 14 of 25 ITEM6/31(iv) Tandem parking is permitted for a single family., two family or duplex residential use and for a multifamily use if both spaces are assigned to the same dwelling unit. (v) Two parking spaces per dwelling unit are required for a single family use in the Residential District. (vi) For a multifamily use, at least one parking space is required for each bedroom. PART 7. RESIDENTIAL DISTRICT. The following site development regulations apply in the Residential District. 1. Site Development Standard Table. Except as otherwise modified in this part, the following site development regulations apply in the Residential District. RESIDENTIAL DISTRICT Site development standards Minimum lot size (see a.) Minimum lot width Maximum FAR Maximum building coverage Maximum impervious cover Maximum height (see b.) SF-2 5750 50 40% 45% SF-3 5750 50 40% 45% Minimum interior side yard setback 30'and2 .5 stories 5 30'and2.5 stories 5 30'and 2.5 stories Minimum rear yard setback 10 10 WIF-3 8000 50 0.5 to 1 50% 60% 5 10 MF-4 8000 50 0.5 to 1 50% 60% 30'and2.5 stories 5 10 a. The minimum lot size for a single-family attached use is 11,500 square feet with a minimum of 5,750 square feet for each dwelling unit. b. The maximum height for an accessory structure or secondary dwelling unit is 25 feet from ground level. 2. Except as otherwise provided in Part 6 (General Provisions), on an avenue, Duval Street, Fairfield Lane, and the east-west streets east of Duval Street: Page 15 of 25 ITEM6/32a. the minimum street yard setback is 25 feet; and b. the maximum street yard setback is 30 feet. 3. This section applies to a street other than a street identified in Section 2 of this part. Except as otherwise provided in this part, the minimum street yard setback is 15 feet. 4. A two-family residential or duplex use is permitted on a lot that is 7000 square feet or larger. 5. A porch may extend: yard setback; and setback. a. where a setback is at least 25 feet, a maximum of eight feet in front of the street b. where a setback is at least 15 feet, a maximum of five feet in front of a street yard 6. A porch must be at least five feet from a property line that faces a street. 7. Except as otherwise provided in Section 1 la in this part, for an accessory building the minimum setback from: a. a front property line is 60 feet; and b. a side street is 15 feet; and c. an interior side property line is five feet. 8. Except as otherwise provided in this part, the minimum setback from an alley for an accessory building or the rear dwelling unit of a two-family residential use that is not more than 20 feet in height, is five feet. 9. A non-complying accessory building may be reconstructed at its existing location, but may not be less than three feet from the rear yard, interior side yard, and street side yard property lines. 10. Except as otherwise provided in Section 11 a, on properties located west of Duval Street, an attached garage shall be a minimum of 60 feet from a front property line. Page 16 of 25 ITEM6/3311. For a lot that is less than 90 feet deep: a. the front setback line of an accessory building or garage must be at least 15 feet behind the front building setback line; and b. a new principal structure may be constructed on the non-complying front setback line of a building that has been removed not more than one year prior to the new construction. 12. On properties located east of Duval Street, an attached or detached garage or carport with a vehicular access facing a front yard must be located on a line with the front facade of the house, or behind the front facade of a house. The width of the parking structure may not exceed 50 percent of the width of the front fa£ade of the house. 13. This section applies to a duplex or two-family residential use if there are at least five bathrooms in all buildings in which the use is located. An additional parking space is required for each new full bathroom constructed on the property. 14. Except as otherwise provided in this section, the maximum gross floor area of the second floor of a rear dwelling unit of a two-family residential use is 550 square feet. On a corner lot that is at least 8000 square feet, a rear dwelling unit may exceed 850 total square feet and 550 square feet on a second floor, if: a. the ground floor of the rear unit is enclosed; and b. one unit has frontage on a north-south street; and c. one unit has frontage on an east-west street. PART 8. AVENUE A DISTRICT. The following site development regulations apply in the Avenue A District. 1. Site Development Standards Table. Except as otherwise modified in this part, the following site development regulations apply in the Residential District. Page 17 of 25 ITEM6/34AVENUE A DISTRICT SITE DEVELOPMENT STANDARDS SF-3 MF-2 MF-3 MF-4 Minimum lot size 5750 8000 GR GO 5750 5750 50 I 60% 80% 40 5 10 50 1 60% 80% 35/40 5 10 8000 50 0.75 70% 70% 35 5 10 10 20 8000 50 0.75 70% 70% 40 5 10 10 20 50 0.5 70% 70% 35 5 10 10 20 50 ~ 40% 45% 30 5 10 - -- Minimum lot width Maximum FAR Maximum building coverage Maximum impervious cover Maximum height* Min. interior side yard setback Minimum rear yard setback Minimum front yard setback Maximum front yard setback * Property on the east side of Avenue A - height limit 30' and 2.5 stories in rear 50" - otherwise 35'. *Property on the west side of Avenue A - height limit 40'. 2. Except as otherwise provided in this part, on Avenue A: a. the minimum street yard setback is 15 feet; and b. the maximum street yard setback is 20 feet. 3. This section applies to West 45th Street and West 46th Street. Except as otherwise provided in this part., the minimum street yard setback is 15 feet. 4. A two-family residential use or duplex use is permitted on a lot that is 6000 square feet or larger. Page 18 of 25 ITEM6/355. Except as provided in Section 6 of this part, a porch may extend: a. on Avenue A, a maximum of five feet in front of the street front yard setback; and b. on a street other than Avenue A, a maximum of five feet in front of a street yard setback. 6. A porch must be at least five feet from a property line that faces a street. 7. For an accessory building the minimum setback from: a. a property line facing Avenue A is 60 feet; and b. a property line facing a street other than Avenue A is 15 feet; and c. an interior side property line is five feet. 8. On the east side of Avenue A the minimum setback from a rear property line for an accessory building for a single-family use that is not more than 20 feet in height, is five feet. 9. A non-complying accessory building may be reconstructed at its existing location for a single-family use, but may not be less than three feet from the rear yard, interior side yard, and street side yard property lines. 10. An attached garage shall be a minimum of 60 feet from a property line facing Avenue A. 11. This section applies to a duplex or two-family residential use if there are at least five bathrooms in all buildings in which the use is located. An additional parking space is required for each new full bathroom constructed on the property. 12. Driveway runners or gravel driveways are permitted to provide access for a maximum of four parking spaces. The design and construction must be approved by the Director of the Watershed Protection and Development Review Department. 13. For a through lot with frontage on both Guadalupe Street and Avenue A, both frontages shall be treated as front streets. Page 19 of 25 ITEM6/36PART 9. DUVAL COMMERCIAL DISTRICT. The following site development regulations apply in the Duval District. 1. Site Development Standard Table. Except as otherwise modified in this part, the following site development regulations apply in the Duval Commercial District. DUVAL COMMERCIAL DISTRICT SITE DEVELOPMEN T STANDARDS Minimum lot size Minimum lot width Maximum FAR Maximum building coverage Maximum impervious cover Maximum height Minimum interior side yard setback Minimum rear setback 2. Height limits. CS 8000 50 1.5: 1.0 95% 95% 35' 0 10 GR 8000 50 1.0: 1.0 75% 90% 40' 0 10 a. The maximum height for a structure within 50 feet of a single family use or zoning district is 30 feet from ground level. b. The maximum height for a structure within 50 feet of a single family use or zoning district is 2.5 stories. c. The maximum height for a structure within 125 feet of a single family use or zoning district is 35 feet from ground level 3. Except as otherwise provided in this part, the following applies. a. the minimum street yard setback is five feet; and b. the maximum street yard setback is 10 feet. 4. The minimum street side yard setback for 4500, 5011 and 5012 Duval Street is 10 feet. Page 20 of 25 ITEM6/375. The minimum setback from a rear property line for an accessory building that is not more than 20 feet in height, is five feet. An attached or detached garage that has vehicular access on an alley or street must be set back at least 20 feet from the alley or street. A non-complying accessory building may be reconstructed at its existing location but may not be less than three feet from the rear yard, interior side yard, and street side yard property lines. Except as otherwise provided in this part, the FAR for 4500 Duval Street is 1.5 to 1.0. Except as otherwise provided in this section, the maximum height for a building at 4500 Duval Street is 35 feet from ground level. For a building located within 50 feet of the west property line, the maximum height is 30 feet from ground level. 7. 8. 9. PART 10. GUADALUPE DISTRICT. The following provisions apply in the Guadalupe District. 1. Site Development Standards Table. Except as otherwise provides in this part, the following site development regulations apply in the Guadalupe District. GUADALUPE DISTRICT SITE DEVELOPMENT STANDARDS Minimum lot size Minimum lot width Maximum FAR Maximum building coverage Maximum impervious cover Minimum interior side yard setback Minimum rear yard setback GO 5750 50 60% 80% 0 5 Page 21 of 25 1.0: 1.0 1.0: 1.0 GR 5750 50 75% 90% 0 5 ITEM6/382. On Guadalupe Street: a. the minimum street yard setback is 0 feet; and b. the maximum street yard setback is 10 feet. 3. On a street other than Guadalupe Street: a. the minimum street yard setback is 10 feet; and b. the maximum street yard setback is 15 feet. 4. Except as otherwise provided in Section 5, the maximum height for property north of 45th Street is 45 feet from ground level. 5. A building with a flat roof may have a height of 50 feet. A maximum of an additional 10 percent of the building height is allowed for a parapet, elevator shaft or open space provided that: a. a living space is not permitted above the 50 foot height; and b. the building height does not exceed 4 stories; and c. a roof-top use is permitted only for equipment that is screened. 6. A parapet wall allowed in Section 5 may exceed the height established in this part by 10 percent. 7. A sidewalk sign is permitted for a commercial use. Section 25-10-153 (Sidewalk Sign in Downtown Sign District) applies to a sidewalk sign. A projecting sign is permitted. Section 25-10-129 (Downtown Sign District Regulations) applies to aprojecting sign. 8. Parking for a restaurant use with outdoor seating. a. The outdoor seating area is not used to determine the parking requirement if: (i) The outdoor seating does not exceed 40 percent of the total seating; and Page 22 of 25 ITEM6/39(ii) Not more than 10 tables are located outside. b. The outdoor seating area that exceeds 40 percent of the total seating area shall be used to determine the parking requirement. PART 11. AFFORDABLE HOUSING. Housing developed under the Smart Housing Initiative Policy must comply with the standards set forth in Resolution No. 040115-44 and the provisions in this part. S.M.A.R.T.HOUSING™ PROGRAM (Safe, Mixed-Income, Accessible, Reasonably Priced, Transit Oriented) is an initiative that stimulates the creation of reasonably priced homes in Austin. It offers developers incentives by way of a single point of contact to advocate through the city development process and provides fee waivers for developments in which at least 10 percent of the units meet the "reasonably priced" standard, by serving families at or below 80 percent of the Austin Area Median Family Income. The policy also requires that all new construction meet Green Builder Standards. REASONABLY PRICED means housing available to a family whose earnings do not exceed 80 percent of median family income and who spend not more than 30 percent of their gross income on rent and utilities. GREEN BUILDING PROGRAM means the Austin Energy program designed to encourage sustainable building techniques in residential, multifamily, commercial and municipal construction. 1. Redevelopment of Rental properties. This applies to 4510, 4520, and 5012 Duval Street. a. A multifamily development not located in the 100-year floodplain may be rebuilt at its existing height in stories, number of units, and building footprint, provided that they meet S.M.A.R.T. Housing™ technical standards for accessibility, Green Building, and Transit-oriented design; and, meet the sprinkler requirements of the 2003 International Building Code; and, if at least 10 percent of the units are reasonably priced. b. Applicants who meet these conditions are not required to meet compatibility standards or increase parking or site detention. c. Except as otherwise provided in this section, development must comply with the provisions of the NCCD. Page 23 of 25 ITEM6/40(i) Height may be the greater of the existing height or the height permitted in the NCCD. (ii) A balcony, entrance to a building, patio, open walkway or stairway is not permitted within 20 feet of a single-family use. (iii) A trash receptacle must be located permanently in an alley at the rear of a property. If no alley is available, it must be in an enclosure on the property. (iv) A six-foot fence is required between a parking facility and a single family 2. Home Ownership. This applies to redevelopment of an existing duplex to single- residence. family attached. requirements: a. To be qualified under this section, an existing duplex must meet the following (i) it may not be located on a lot in the 100-year floodplain, and (ii) it may not be located on a lot that is less than 7000 square feet; and (iii) it must not have a plat or deed restriction limiting density to one residential unit per lot; and (iv) it must have existed as a duplex on January 1, 1987; and (v) at least one of the units must be sold to an owner who meets the reasonably priced test; and including the following: b. All development of the property must comply with applicable City Codes, (i) plumbing and wiring for each unit must be located on its respective lot; and (ii) a one-hour fire resistant construction must be provided at the lot line with no door or window openings within three feet of the lot line; and (iii) no Housing Code violations are allowed; and Page 24 of 25 ITEM6/41(iv) the square footage of a unit may be increased not more than 20 percent of the square footage of a unit that existed on April 1, 2005; and (v) a unit may not exceed 1200 square feet; and (vi) all development regulations apply in perpetuity. 3. The affordable housing program will apply for 15 years from the date of the initial occupancy of a reasonably priced dwelling unit. PART 12. This ordinance takes effect on August 29, 2005. PASSED AND APPROVED August 18 , 2005 Will Wynn Mayor APPROVED: ATTEST: David ANan Smith City Attorney Shirley ^.^Krown City Clerk Page 25 of 25 ITEM6/42<' / / \ "W / / "**.. ,-> V / / />*,.' •' /^IC%/ >vx^C? ,^ ---, ~v /• />^<< ,- />^/ / > \ << XW/ ^>>'^' //V / •/f^' ^'"^x >^ •-- •' ,^,///>>^ -'-.///x./ /.^ " .'V/M/••••'• - ^ - O / /^ /Av >^ // "v - V /^v>^Cvy. ' ;^/^^ yc "^<//" ^97^/;??>?^C'- ITEM6/43wmm SUBJECT TRACT PENDING CASE ' ZONING BOUNDARY CASEMGR: G.RHOADES 1*=800' I ZONING f+ H ^4 P- -'-- CASE ff: v^ (4--o4-\jIcJC .*™i-1 fl ^* /^ ^ H .^ j^ ADDRESS: HYDE PARK NCCC SUBJECT AREA lacresl: N/ft DATE: 05-02 INTLS: Sivi CITY GRID REFERENCE j NUMBER i K26 ITEM6/44ITEM6/45