B-15 (C20-2020-0005 - Platting Exceptions).pdf — original pdf

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C20-2020-0005 August 17, 2020 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2020-0005 - Platting Exceptions Description: Consider an amendment to Chapter 25-4 (Subdivision) to allow a parcel of land that has obtained a minimum lot width variance from the Board of Adjustment to satisfy the minimum frontage requirement for a platting exception under Section 25-4-2 Proposed Language: See attached draft ordinance. Summary of proposed code changes: Language added to Section 25-4-2(D)(5) allowing for a Board of Adjustment variance from the minimum lot width requirements of Section 25-2-492 as an alternative to meeting the frontage requirements, for the purpose of qualifying for the exception to the requirement to plat authorized by Section 25-4-2. Background: Initiated by Council Resolution 20200729-086 On July 29, 2020 City Council approved a resolution directing the City Manager to develop amendments to Chapter 25-4 of the Land Development Code to allow for a parcel of land that has obtained a minimum lot width variance from the Board of Adjustment to satisfy the minimum frontage requirement for a platting exception under Section 25-4-2. Board and Commission Actions: August 21, 2020: The Codes and Ordinances Joint Committee August 25, 2020: Planning Commission Council Action: September 3, 2020: Ordinance Number: City Staff: Christopher Johnson Brent Lloyd Phone: 974-2769 974-2974 Email: christopher.johnson@austintexas.gov brent.lloyd@austintexas.gov 1 B-151 of 4 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 25-4-2 RELATING TO AN EXCEPTION FROM PLATTING PART 1. Subsection (D) of City Code Section 25-4-2 (Exception from Platting Requirements) is amended to read as follows: (D) In the full-purpose limits of the city, the director may except a parcel of land from the requirement to plat if the director determines that the parcel: (1) (2) (4) (5) is five acres or less; existed in its current configuration on January 1, 1995; (3) was receiving utility service that was authorized under the rules of the utility provider on January 1, 1995; is located on an existing street; and either complies with the requirements of this title for roadway frontage or was granted a variance from the minimum lot width requirement of Section 25-2-492 (Site Development Regulations) by the Board of Adjustment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Chap 25-4 Subdvision Page 1 of 1 COA Law Department Responsible Att’y: Erika López B-152 of 4RESOLUTION NO. 20200729-086 WHEREAS, in June 2018 a couple purchased a 1940s 486-square foot house on an unplatted corner tract in the Bouldin neighborhood with the intent of building a modest addition; and WHEREAS, in April 2019 the couple obtained a Board of Adjustment ("BOA") variance to reduce the minimum lot area and width and decrease setbacks to allow the conversion of a garage into living space; and WHEREAS, the couple then became aware that the tract requires platting before a building permit may be issued; and WHEREAS, City Code requires compliance with roadway frontage to qualify for a platting exception and does not allow a BOA variance to constitute compliance; and WHEREAS, Development Services staff have indicated that very few properties will share the characteristics o f this tract and thus meet the criteria for the remedy described below; and WHEREAS, the proposed remedy would allow this limited universe of properties to redevelop only when they meet certain criteria and when they also receive a variance within a public process; NOW, THEREFORE, Page 1 of 2 B-153 of 4BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: Council initiates an amendment to City Code Chapter 25-4 (Subdivision) toi (1) (2) allow a parcel of land that has obtained a minimum lot width variance from the Board of Adjustment to satisfy the minimum frontage requirement for an exception from platting, and waive code requirements for Land Use Commission review, only if necessary, to return the ordinance to City Council on September 3,2020. ADOPTED: July 29 , 2020 ATTES?,UIR,-,-0-,£0 ? ,_kierr?4 Jannette S. Goodall City Clerk Page 2 0 f 2 B-154 of 4