B-12 (C14-2021-0183 - 4303 and 4307 Speedway; District 9).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0183 (4303 and 4307 Speedway) DISTRICT: 9 ADDRESS: 4303 and 4307 Speedway ZONING FROM: Tract 1: SF-3-HD-NCCD-NP, Tract 2: MF-3-HD-NCCD-NP TO: LR-MU-HD-NCCD-NP* *In addition, the applicant is requesting to amend Part 6 (Permitted and Conditional Uses) and Part 9 (Speedway District) of the Hyde Park NCCD Ordinance No. 20020131-20 to request to prohibit uses, to add permitted uses and to state that LDC Section 25-2-1067 (G) and (H) of Compatibility Standards shall not apply to the Property if developed with any of the proposed permitted uses. (Please see Applicant’s Rezoning Request Letter – Exhibit C and Applicant’s Amended Request Letter – Exhibit D). SITE AREA: Tract 1: 0.15 acres Tract 2: 0.373 acres 0.52 acres PROPERTY OWNER: 43rd Speedway LLC AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) STAFF RECOMMEDATION: Staff recommends LR-MU-HD-NCCD-NP, Neighborhood Commercial-Mixed Use- Historic Area Combining District-Neighborhood Conservation Combining District- Neighborhood Plan District, zoning. The staff also recommends amending the Hyde Park NCCD ordinance (Ordinance No. 20020131-20) to: 1) Prohibit the following uses: Club or Lodge, Congregate Living, Consumer Convenience Services, Consumer Repair Services, Cultural Services, Day Care Services (Commercial), Day Care Services (General), Day Care Services (Limited), Duplex Residential, Financial Services, Financial Services, Hospital Services- Limited (not to exceed 2500 sq. ft.), Local Utility Services, Medical Offices (not exceeding 5000 sq. ft. of gross floor area), Private Primary Educational Facilities, Private Secondary Educational Facilities, Public Primary Educational Facilities, Public Secondary Educational Facilities, Restaurant (drive-in, fast food), Service Station, Software Development and Two-family Residential on this property within Speedway District in the Hyde Park NCCD; and to 1 of 94B-12C14-2021-0183 2 2) Permit the following additional uses: Administrative and Business Offices, Art Gallery, Art Workshop, Personal improvement services, Multifamily Residential, Personal Services, Professional Office, Single-Family Residential uses on this property within the Speedway District in the Hyde Park NCCD. PLANNING COMMISSION ACTION / RECOMMENDATION: April 12, 2022 CITY COUNCIL ACTION: ORDINANCE NUMBER: 2 of 94B-12C14-2021-0183 ISSUES: 3 The neighbors submitted a petition in opposition to the rezoning request on March 24, 2022. The petition is against any change of the Land Development Code which would zone the property to any classification other than SF-3-HD-NCCD-NP. The petition is currently valid at 54.62% (Please see Petition – Exhibit F). On March 7, 2022, the applicant submitted a letter amending their rezoning request to add prohibited uses and to request additional permitted uses in the NCCD for this property. In addition, the applicant is requesting that Part 9 of the Hyde Park NCCD Ordinance be amended that sections of Compatibility Standards not apply to the Property if developed with any of the proposed permitted uses (Please see Applicant’s Amended Request Letter – Exhibit D). HISTORY OF HYDE PARK NCCD: Hyde Park NCCD Overview. Neighborhood Conservation Combining Districts (NCCDs) are intended to preserve and protect older neighborhoods by modifying regulations such as setbacks, parking, and FAR, based on a neighborhood plan for development and conservation. These modified regulations are incorporated into a customized NCCD zoning ordinance. The Hyde Park NCCD is divided into six subdistricts-- Residential, Speedway, Duval, West 38111 Street, Guadalupe, and Hyde Park Civic. The six subdistricts primarily establish corridors and hubs for certain land uses and their design standards. In addition to six main districts, several smaller areas are called out, generally identifying development regulations for areas that do not correspond directly to the subdistricts. Finally, specific properties are identified for distinctive site development and land use requirements. For example, 4300 and 4307 Speedway are subject to a variety of customized development standards and regulations related to parking, yards, curb cuts, and land uses. Other specified properties are also identified in the ordinance for special land use considerations. The Hyde Park NCCD Ordinance was originally adopted on January 31, 2002 (Please see Ordinance No. 020131-20 – Exhibit E). At that time, the Hyde Park NCCD did not address FAR limitations for the residential subdistrict and/or residential properties in the NCCD. FAR limits were established for multifamily and commercial properties, but the NCCD zoning ordinance was silent regarding FAR for residential properties. FAR limits for residential properties were not addressed directly by the NCCD until an amendment in 2012. CASE MANAGER COMMENTS: The property in question is a 0.522 acre area made up of seven lots that contains a single family house and a surface parking lot. The platted lots to the north and east are developed with single- family residences zoned SF-3-HD-NCCD-NP. There is a fire station (Austin Fire Station No. 9) zoned P-HD-NCCD-NP on the tract to the south. To the west, across Speedway, there is a former U.S. Post Office zoned LR-HD-NCCD-NP and CS-HD-NCCD-NP that is now being redeveloped with office and commercial uses and multifamily complex (Patio on Speedway) zoned MF-3-HD-NCCD-NP. In this request, the applicant is asking to rezone the site under consideration to LR-MU-HD- NCCD-NP and to amend Part 6 (Permitted and Conditional Uses) and Part 9 (Speedway District) of the Hyde Park NCCD Ordinance No. 20020131-20 to request to prohibit uses on the property, to add additional permitted uses on the property and to state that LDC Section 25-2-1067 (G) and 3 of 94B-12C14-2021-0183 4 (H) of Compatibility Standards shall not apply to the property if developed with any of the proposed permitted uses. The applicant is proposing to rezone these lots and requesting changes to the NCCD regulations to allow for the redevelopment of this property with small commercial cottages to provide low density commercial uses on the site. The staff recommends the applicant’s request for LR-MU-HD-NCCD-NP zoning at this location, with some exceptions. The staff does not support the applicant’s request to add Food Sales, Restaurant (General) and General Retail Sales as permitted uses in Part 6 (Permitted and Conditional Uses) of the NCCD ordinance for this property or to amend Part 9 (Speedway District) to waive portions of Compatibility Standards requirements if the proposed additional permitted uses are developed on the property. This site is adjacent to existing single-family residential uses/zoning to the north and east. The staff does not find that Food Sales, Restaurant and General Retail Sales uses are compatible adjacent to low density residential uses because of noise, odor, waste management and parking issues. In addition, please note that the Law Department has stated that the city cannot prohibit Family Home, Group Homes, Religious Assembly and Guidance Services and Congregate Living uses based on state and federal legislation and previous land use case litigation. The applicant does not agree with the staff’s recommendation. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. Neighborhood commercial (LR) district is the designation for a commercial use that provides business service and office facilities for the residents of a neighborhood. Site development regulations and performance standards applicable to a LR district use are designed to ensure that the use is compatible and complementary in scale and appearance with the residential environment. Mixed Use combining district is intended for combination with selected base districts, in order to permit any combination of office, retail, commercial, and residential uses within a single development. Historic area combining district is to protect, enhance, and preserve areas that include structures or sites that are of architectural, historical, archaeological, or cultural significance. Neighborhood Conservation combining district is intended to preserve and protect older neighborhoods by allowing modifications to applicable regulations in accordance with a neighborhood plan for development and conservation. A proposed NCC district shall be sponsored by property owners within such proposed district through the neighborhood organization. Neighborhood plans are intended to enhance the desirability of living in older neighborhoods which were substantially built out at least 30 years before the date of application for the NCC district classification and which have distinctive architectural styles. Neighborhood Plan district denotes a tract located within the boundaries of an adopted Neighborhood Plan. 4 of 94B-12C14-2021-0183 5 2. Zoning changes should promote compatibility with adjacent and nearby uses. The proposed LR-MU-HD-NCCD-NP zoning will provide for a transition in intensity of zoning and permitted uses from the SF-3-HD-NCCD-NP zoning to the north and east, the P-HD-NCCD-NP zoning to the south and the CS-HD-NCCD-NP zoning and MF-3-HD- NCCD-NP zoning, across Speedway, to the west. 3. Zoning should allow for reasonable use of the property. The staff’s recommendation of LR-MU-HD-NCCD-NP zoning will permit the applicant to redevelop this site with a mixture of residential, office, civic and commercial uses that will serve the surrounding community. 4. The proposed zoning should be consistent with the goals and objectives of the City Council. LR-MU-HD-NCCD-NP zoning will allow for low intensity residential and commercial uses that are meant to be located within or adjacent to existing residential areas. While the property under consideration is not located along an Activity Corridor or near or within an Activity Center, it does front and take access to a Level 2/Collector roadway, Speedway, directly to the north of a civic use that provides necessary services to the surrounding community - City of Austin Fire Station No. 9. Single Family Residence, Parking Area LAND USES Single Family Residences Single Family Residences Austin Fire Station No. 9 Multifamily (Patio on Speedway), Office (Carty Custom Builders, former Post Office) EXISTING ZONING AND LAND USES: Site ZONING SF-3-HD-NCCD-NP, MF-3-HD-NCCD-NP SF-3-HD-NCCD-NP SF-3-HD-NCCD-NP P-HD-NCCD-NP North East South West MF-3-HD-NCCD-NP, LR-HD-NCCD-NP, CS-HD-NCCD-NP AREA STUDY: Hyde Park Neighborhood Plan TIA: Deferred to the time of Site Plan WATERSHED: Waller Creek SCHOOLS: Austin I.S.D. Lee Elementary School Kealing Middle School McCallum High School The Hyde Park NCCD was originally adopted on January 31, 2002, through Ordinance No. 020131-20. 5 of 94B-12C14-2021-0183 6 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 45th St. Concerned Citizens Homeless Neighborhood Association Hyde Park Neighborhood Plan Contact Team Hyde Park Neighborhood Association Neighborhood Empowerment Foundation North Austin Neighborhood Alliance Preservation Austin SELTEXAS Sierra Club, Austin Regional Group AREA CASE HISTORIES: NUMBER REQUEST COMMISSION CITY COUNCIL C14-01-0046.03 (Helping Hand Home for Children: 310, 312 W. 38th Street; 3803, 3805, 3807 Avenue B) SF-3-NCCD-NP, MF-4-NCCD-NP to MF-4-NCCD- NP 11-13-18: Approved MF-4- NCCD-NP as staff recommended (12-0); P. Seeger-1st, R. Schneider – 2nd. 12-13-18: Approved on First Reading. Council removed the limit of 10 units per structure (9-0, Mayor Adler and Council Member Renteria were off the dais). 1-31-19: Approved 2nd/3rd readings (10-0, J. Flannigan-off the dais). 03-22-18: Approved GR- HD-NCCD-NP combining district zoning, with staff recommendations for the NCCD on 1st reading (8-1, Council Member Flannigan voted nay, Council Members Pool and Troxclair off the dais). 06-14-18: Approved PC recommendation of GR- HD-NCCD-NP zoning (9-1, J. Flannigan-No, S. Adler- off dais). 11-10-16: Approved MF-4-NCCD-NP as PC rec, on all 3 readings C14-01-0046.02 (originally filed as C14- 2017-0153 - The Baker School: 3908 Avenue B) UNZ to GR-HD-NCCD- NP 03-13-18: Approved the staff’s recommendation of GR-HD-NCCD-NP combining district zoning (Vote: 7-1, C. Kenny-No. T. Nuckols, A. De Hoyos Hart, J. Shieh, J. Thompson and T. Shaw- absent); K. McGraw-1st, Commissioner G. Anderson- 2nd. C14-2016-0072 (39th Street Apartments: 405 W 39th Street) SF-3 to MF-4 10-11-16: Approved MF-4- NCCD-NP as Staff recommended 6 of 94B-12C14-2021-0183 C14-2016-0065 (Pioneer Bank on W. 38th: 623 W. 38th Street) C14-2014-0035 (Adams House Rezoning: 4300 A venue G) C14-2007-0263 (Hyde Park Neighborhood Planning Area Vertical Mixed Use Building Rezoning) C14-2007-0263.001 (Hyde Park Neighborhood Planning Area Vertical Mixed Use Building (V) Opt- In/Opt- 4000 Avenue B) C14-2007-0210 (The Kocurek Building: 511 W. 41st Street) C14H-2007-0018 Plumb House 4100 Avenue D C14H-2007-0019 (John & Lela Gay House: 4108 Avenue D) C14H-2007-0024 (Hume-Rowe House: 4002 Avenue C) GR-CO-NP, to remove CO to remove prohibition of drive- in services SF-3-HD- NCCD-NP to SF-3-HD- NCCD-NP, to increase the maximum floor- to-area-ratio (FAR) 01-24-17: Denied GR- CO-NP 05-13-14: To grant SF- 3-H-HD-NCCD-NP, to change a condition of zoning (7-0, J. Stevens- abstained) (D. Chimenti- 1st, S. Oliver-2nd. Vertical Mixed Use (VMU) 01-15-08: Approved staff rec. by consent 7 03-02-17: Case withdrawn by Applicant; no action taken 05-22-14: The public hearing was conducted and the motion to close the public hearing and adopt Ordinance No. 20140522- 071 for SF-3-NCCD-NP combining district zoning, to change a condition of zoning. 05-22-08: Approved Ord. 20080522-044 for V (Tracts 1-12) LR-MU-V-NCCD 04-22-08: Approved LR- MU-V-NCCD for Tract 100 (4000 Avenue B), w/ conditions 05-22-08: Approved Ord. 20080522-061 for VMU for Tract 100 SF-3 to NO-H- NCCD 02-12-08: Approved staff rec of NO-H- NCCD 06-05-08: Approved Ord. 20080605-062 for NO-H-NCCD SF-3 to SF-3H N/A Never heard by Commission - Postponed indefinitely 10-23-07: Approved staff rec. of SF-3-H- NCCD SF-3-NCCD to SF-3- H-NCCD SF-3-NCCD to SF-3- H-NCCD 11-13-07: Approved staff rec of SF-3-H-NCCD 11-29-07: Approved Ord. 20071129-075 for SF-3-H-NCCD 12-06-07: Approved Ord. 20071206-081 for SF-3-H-NCCD 7 of 94B-12C14-2021-0183 SUBDIVISION CASE: C8-1890-1067 - Subdivision Case RELATED ZONING CASES: NUMBER REQUEST COMMISSION CITY COUNCIL C14H-2010-0019 Hyde Park Historic District Historic District (HD) 10-12-10- Approved staff’s rec for HD 8 12-16-10- Ordinance No. 20101216-093 for historic area combining district zoning approved with the Hyde Park Preservation Plan and Design Standards 01-31-02- Approved ordinance 020131-20 01-12-12- Approved Ordinance No. 20120112-086 C14-01-0046 Hyde Park NCCD C14-01-0046.01 Hyde Park NCCD Amendment #1 Neighborhood Conservation Combining District Modify the NCCD 05-22-01- Approved staff rec with conditions 12-13-11- Approved amendment to the Hyde Park NCCD with a maximum of .4 FAR EXISTING STREET CHARACTERISTICS: Name ROW Pavement Classification Sidewalks Speedway 90’ 42’ Level 2 Yes Bicycle Route Bike Lane - Buffered Capital Metro (within ¼ mile) Yes 8 of 94B-12C14-2021-0183 9 OTHER STAFF COMMENTS: Comprehensive Planning The zoning case is located on the east side of Speedway, in the Hyde Park Neighborhood Planning area. The property contains a single family house and a parking lot, which is situated on a 0.522 acre two lot parcel. Surrounding land uses include a single family house to the north; to the south is a fire station; to the east are single family houses; and to the west is a post office and two story apartment complex. Many of the houses in this area have historic zoning, including the fire house, which looks like a single family house. The property is not located along an Activity Corridor or near or within an Activity Center. The proposal according to the agent: Development of small commercial cottages with various LR (Neighborhood Commercial) uses, as permitted under Part 6 (Permitted and Conditional Uses) chart within the Hyde Park NCCD Ordinance No. 20020131-20 and to additionally allow art and craft studio (general) and personal improvement services as permitted uses on the Property. The proposed development will comply with compatibility standards as well as the design standards within the Hyde Park NCCD ordinance. The MU designation would allow for residential uses to remain as permitted uses on the Property. Connectivity There are public transit stops located approximately 30 feet south of the property and on both sides of the street. There are also unprotected bike lanes and public sidewalks located along both sides of the street. Mobility and connectivity options in the area are above average. The Hyde Park Neighborhood Plan (HPNP) The HPNP does not have a Future Land Use Map. The following goals, objectives and text are relevant to this case: Goal 1: Preserve and enhance the unique historic and residential character of Hyde Park. (p 11) Objective 1.3. Preserve historic structures and encourage appropriate maintenance and restoration. Speedway District: (p 13) Purpose: To preserve the remaining single family homes in an appropriate context by permitting some redevelopment of multi-family projects that may offer a relaxing of some rules in exchange for putting back the traditional elements (primarily of the streetscape) that were lost when the apartments replaced homes. Additionally, to encourage owners of single family homes to roll back their base zoning to single family, to maintain the civic uses in a scale and use compatible with the predominant residential character and to seek to reduce the amount of surface parking in this district. 9 of 94B-12C14-2021-0183 10 Zoning Code Revisions: Roll back properties to the least intensive zoning district that supports current use or a proposed less intense use. Offer some incentive for redevelopment as an encouragement for rollbacks. Maintain traditional civic and commercial uses without encroaching on residential character and value, including the streetscape value. Modify site development rules to preserve and enhance traditional development patterns. (p. 13) 1. Complete the Neighborhood Conservation Combining District (NCC) ordinance which will revise the zoning laws to foster the preservation of the neighborhood while respecting different the different land uses in different parts of Hyde Park. Elements of this ordinance will include addressing the following: Change uses and structures and build new structures only in ways that are in scale and compatible with surrounding uses and structures. (p. 16) Based on the goals and text above, it appears that the HPNP does not support rezoning residentially zoned properties to mixed use or commercial along Speedway. Imagine Austin The property is not located along an Activity Corridor, or near or within an Activity Center. The following Imagine Austin policies are applicable to this case: • LUT P4. Protect neighborhood character by directing growth to areas of change that includes designated redevelopment areas, corridors and infill sites. Recognize that different neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities. • LUT P7. Encourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities. Based upon Imagine Austin policies referenced above that supports a variety of uses; adjoining civic uses on Speedway; above average mobility strengths along Speedway; but the neighborhood plan not supporting mixed use or commercial uses in this area; this project appears only be partially supported by the Imagine Austin Comprehensive Plan Environmental The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Waller Creek Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. It is in the Desired Development Zone. Zoning district impervious cover limits apply in the Urban Watershed classification. According to floodplain maps there is no floodplain within or adjacent to the project location. 10 of 94B-12C14-2021-0183 11 According to floodplain maps there is a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within the project location.> Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 sq. ft. cumulative is exceeded, and on site control for the two-year storm. At this time, no information has been provided as to whether this property has any preexisting approvals that preempt current water quality or Code requirements. Fire No comments. Park and Recreation Site Plan There are currently no parkland requirements for uses other than residential and hotel. Given that the application is for LR-MU-HD-NCCD-NP, with proposed commercial and personal improvement services, there would not be parkland dedication requirements or parkland impacts at the time of site plan or subdivision. Any new development is subject to Subchapter E. Design Standards and Mixed-Use. Additional comments will be made when the site plan is submitted. The subject properties are located within the Hyde Park Conservation Combining District. Please see the City's website http://www.austintexas.gov/department/neighborhood-planning for a copy of the recommended design guidelines. DEMOLITION AND HISTORIC RESOURCES The applicant is responsible for requesting relocation and demolition permits once the site plan is approved. The City Historic Preservation Officer will review all proposed building demolitions and relocations prior to site plan approval. If a building meets city historic criteria, the Historic Landmark Commission may initiate a historic zoning case on the property. 11 of 94B-12C14-2021-0183 Transportation Transportation Assessment: 12 Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A traffic impact analysis shall be required at the time of site plan if triggered per LDC 25-6-113. Water Utility The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Depending on the development plans submitted, water and or wastewater service extension requests may be required. All water and wastewater construction must be inspected by the City of Austin. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Map C. Applicant’s Rezoning Request Letter D. Applicant’s Amended Request Letter E. Hyde Park NCCD Ordinance No. 020131-20 F. Petition Submittal G. 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LO-NCCD-NP ( ( ( ( ( GR-NCCD-NP CS-NCCD-NP SF-3-H-HD-NCCD-NP LR-HD-NCCD-NP ( G R O C. ( ELIZ A B E M U S E U M TH N E Y ( SF-3-H-HD-NCCD-NP ( SF-3-HD-NCCD-NP ( ( 570725-A CS-HD-NCCD-NP C14-2013-0119 ( 71-29 C14-2007-0262 ( ( CS-MU-V-CO-NP ( ( SF-3-CO-NP ( ( ( ( ( ( MF-2-NP ( 84-287 SF-3-CO-NP ( 0 1 73-0 ( 72-150 ( ( ( SF-3-HD-NCCD-NP 73-72 MF-4-HD-NCCD-NP 68-20 ( T L S A V U D ( ( 01-0046 ( S. PT A MF-4-HD-NCCD-NP 1 5 ( 67-96R APTS. ( SF-3-HD-NCCD-NP MF-3-HD-NCCD-NP ( CS-MU-CO-NP R67-96 SF-3-CO-NP ( 01-0046 C14H-2010-0014 ( C14-2014-0035 SF-3-HD-NCCD-NP ( ( SF-3-HD-NCCD-NP ( ( ( ( ( ( ( 01-0046 CS-HD-NCCD-NP APTS. CS-CO-NP MF-4-CO-NP E 43R D S T ( ( ( SF-3-HD-NCCD-NP ( ( ( ( ( ( SF-3-HD-NCCD-NP ( 01-0046 ( K R A E P D Y H 84-411 ( SF-6-NCCD-NP 7-30 71-0 ( ( ( 7 P 5 7 ( ( ( ( 69-0 E H U N E V A P A R KIN G ( ( SF-3-HD-NCCD-NP SF-3-HD-NCCD-NP ( GR-HD-NCCD-NP ( 01-0046 01-0046 ( ( ( ( E 42N D S T ( ( ( MF-3-HD-NCCD-NP CS-HD-NCCD-NP CP58-37 ( ( 01-0046 ( GROC. 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MF-4-NCCD-NP MF-4-NCCD-NP C 19 0-0 9 P S CS-HD-NCCD-NP MF-4-HD-NCCD-NP ( 89-0076 ( PA R KIN G H S T W 40T C 85 0 C-02-0015 C SF-3-HD-NCCD-NP ( ( ( ( CS-HD-NCCD-NP N84-011 SF-3-HD-NCCD-NP ( ( LO-HD-NCCD-NP ( ( ( ( ( ( SF-3-H-HD-NCCD-NP ( MF-2-HD-NCCD-NP ( ( ( ( ( MF-4-HD-NCCD-NP ( ( ( ( ( SF-3-HD-NCCD-NP ( ( 79-02 SF-3-HD-NCCD-NP ( 78-34 SF-3-HD-NCCD-NP ( SF-3-H-HD-NCCD-NP C14H-03-0003 SF-3-H-HD-NCCD-NP ( ( 2 2 82-1 ( 8 0 4-0 8 N ( ( SF-3-HD-NCCD-NP SF-3-HD-NCCD-NP ( 2 5 84-1 SF-3-HD-NCCD-NP ( ( SF-3-H-HD-NCCD-NP ( C14H-2011-0003 ( SF-3-HD-NCCD-NP PLAY G R O E 40T U N D P A R H S T ( 72-148 KIN G E W AV ( ( SF-3-CO-NP ( ( ( ( O R R A B ( ( ( ( ( ( SF-3-CO-NP E 42N ( D S T ( ( C H U R R ELATE D C H ( SF-3-HD-NCCD-NP SF-3-H-HD-NCCD-NP ( SF-3-H-HD-NCCD-NP ( ( ( ( ( SF-3-H-HD-NCCD-NP ( H 91-13 ( MF-4-HD-NCCD-NP ( ( ( BA ( R BE R ( 01-0046 ( E 41S ( T ST SF-3-CO-NP ( ( ( SF-3-CO-NP ( ( SF-3-CO-NP ( ( ( ( ( SF-3-CO-NP ( ( ( ( 01-0046 W 39T 01-0046 CS-NCCD-NP ( ( ( ( ( ( ( SF-3-CO-NP ( ( SF-3-CO-NP ( ( ( ( E V K A C E P ( SF-6-CO-NP C14-2014-0063 NPA-2014-0019.01 ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2021-0183 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 12/2/2021 13 of 94B-12EXHIBIT B 2026292016172813122117362728152319322428117183222465226142931163292426128241413128751021814281241822225303122427193213210972732520820232422971211141152932163032614313112520242216312728303219232718301132728262515316112252623151110974192125268141718272223252625272329309430311952A1361082625C14-2021-0183SF-3-HD-NCCD-NPSF-3-HD-NCCD-NPCS-HD-NCCD-NPSF-3-H-HD-NCCD-NPSF-3-HD-NCCD-NPMF-3-HD-NCCD-NPMF-4-HD-NCCD-NPSF-3-HD-NCCD-NPP-HD-NCCD-NPLR-HD-NCCD-NPMF-3-HD-NCCD-NPSF-3-HD-NCCD-NPSF-3-HD-NCCD-NPMF-4-HD-NCCD-NPP-HD-NCCD-NPSF-3-HD-NCCD-NPMF-4-HD-NCCD-NPSF-3-HD-NCCD-NPMF-4-HD-NCCD-NPSF-3-HD-NCCD-NPSF-3-HD-NCCD-NPCS-HD-NCCD-NPSF-3-HD-NCCD-NPSF-3-HD-NCCD-NPMF-4-HD-NCCD-NPSF-3-HD-NCCD-NPSF-3-HD-NCCD-NPSF-3-HD-NCCD-NPSF-3-HD-NCCD-NPSF-3-HD-NCCD-NPW 43RD STAVENUEDE 44THSTW 44THSTE 43RDSTSPEEDWAYAVENUEFJ25K25Copyright nearmap 2015±This map has been produced by the Communications Technology Management Dept. on behalf of thePlanning Development Review Dept. for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.ZONING CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2021-01834303 and 4307 Speedway Avenue.5224 AcresK25KATE CLARK1'' = 100'CREEK BUFFERPENDING CASE!!!!!!ZONING BOUNDARYSUBJECT TRACT4303 and 4307 Speedway14 of 94B-12Amanda Swor aswor@drennergroup.com 512-807-2904 EXHIBIT C November 15, 2021 Via Electronic Delivery Ms. Rosie Truelove Housing and Planning Department City of Austin 1000 E 11th Street Austin, TX 78702 Re: 4303 and 4307 Speedway – Rezoning application for the approximately 0.52-acre property located at 4303 and 4307 Speedway, in Austin, Travis County, Texas (the “Property”) Dear Ms. Truelove: As representatives of the owner of the Property, we respectfully submit the enclosed rezoning application package. The project is titled 4303 and 4307 Speedway and is approximately 0.52 acres of land, on the east side of Speedway between W 43rd Street and W 44th Street. The Property is in the full purpose jurisdiction of the City of Austin. The Property is currently zoned MF-3-HD-NCCD-NP (Multifamily Residence Medium Density – Historic Combining District – Neighborhood Conservation Combining District – Neighborhood Plan) and SF-3-HD-NCCD-NP (Family Residence – Historic Combining District – Neighborhood Conservation Combining District – Neighborhood Plan). The requested rezoning is from MF-3-HD-NCCD-NP and SF-3- HD-NCCD-NP to LR-MU-HD-NCCD-NP (Neighborhood Commercial – Mixed Use – Historic Combining District – Neighborhood Conservation Combining District – Neighborhood Plan). The Property is currently developed with a single-family use and a surface parking lot. The purpose of the rezoning is to allow for the development of small commercial cottages with various LR (Neighborhood Commercial) uses, as permitted under Part 6 (Permitted and Conditional Uses) chart within the Hyde Park NCCD Ordinance No. 20020131-20 and to additionally allow art and craft studio (general) and personal improvement services as permitted uses on the Property. The proposed development will comply with compatibility standards as well as the design standards within the Hyde Park NCCD ordinance. The MU designation would allow for residential uses to remain as permitted uses on the Property. Although not a part of this rezoning request, the adjacent post office at 4300 Speedway is being revitalized and is envisioned to incorporate restaurant (General), professional office, and general retail sales (general). The proposed Neighborhood Commercial – Mixed Use (LR-MU-HD-NCCD-NP) zoning would allow a broader range of neighborhood-serving retail, while maintaining Hyde Park’s existing height, scale and character in the design of the proposed project. The Property is within the Hyde Park Neighborhood Planning Area, adopted April 13, 2000. The Hyde Park Neighborhood Plan was adopted without a future land use map, and attached is a memo from Maureen Meredith dated November 1, 2021, confirming that a plan amendment application is not required. 200 Lee Barton Drive, Suite 100 | Austin, Texas 78704 | 512-807-2900 | www.drennergroup.com 15 of 94B-12November 15, 2021 Page 2 The Traffic Impact Analysis ("TIA") has been waived until site plan, per the attached TIA determination waiver dated November 1, 2021, and executed by Justin Good. Please let me know if you or your team members require additional information or have any questions. Thank you for your time and attention to this project. Very Truly Yours, Amanda Swor cc: Jerry Rusthoven, Housing and Planning Department (via electronic delivery) Joi Harden, Housing and Planning Department (via electronic delivery) Kate Clark, Housing and Planning Department (via electronic delivery) 16 of 94B-124303 and 4307 Speedway | Existing and Proposed Uses Currently, the Property is respectively zoned Single-Family Residence – Historic Area Combining District – Neighborhood Conservation Combining District – Neighborhood Plan (SF-3–HD–NCCD–NP) and Multifamily Residence – Medium Density – Historic Area Combining District - Neighborhood Conservation Combining District – Neighborhood Plan (MF-3–HD–NCCD–NP). The Hyde Park NCCD ordinance limits the permitted and conditional uses for the LR zoning district in Part 6 of Ordinance No. 20020131-20. Our request is to allow all permitted and conditional uses for LR in Column B of Part 6.1 and additionally allow art and craft studio (general) and personal improvement services as permitted uses on the Property. The chart below compares allowable uses today with those allowable under LR zoning. Uses Hyde Park Ordinance LR Uses LDC §25-2 LR Uses Permitted Conditional Permitted Conditional Administrative and Business Office Alternative Financial Services Art and Craft Studio (limited) Art Gallery Art Workshop Bed and Breakfast (Group 2) Bed and Breakfast (Group 1) Club or Lodge College and University Facilities Communication Service Facilities Community Events Community Garden Community Recreation (private) Community Recreation (public) Congregate Living Consumer Convenience Services Consumer Repair Services Counseling Services Cultural Services Custom Manufacturing Day Care Services (commercial) X X X X X X X X X X X X X X X X X X X X X X X X X X X 17 of 94B-124303 and 4307 Speedway | Existing and Proposed Uses Day Care Services (general) Day Care Services (limited) Duplex Residential Family Home Financial Services Financial Services Food Sales General Retail Sales (convenience) General Retail Sales (general) Group Home Class I (general) Group Home Class I (limited) Group Home Class II Guidance Services Hospital Services (limited) Hospital limited (not to exceed 2500 sf) Local Utility Services Medical Offices (exceeding 5000 sf GFA) Medical Offices (not exceeding 5000 sf GFA) Off-site Accessory Parking Pedicab Storage and Dispatch Personal Improvement Services Personal Services Pet Services Plant Nursery Printing and Publishing Private Primary Educational Facilities Private Secondary Educational Facilities Professional Office Public Primary Educational Facilities Public Secondary Educational Facilities Religious Assembly Residential Treatment X X X X X X X X X X X X X X X X X X X X X (< 5,000 sf of gross floor space) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 18 of 94B-124303 and 4307 Speedway | Existing and Proposed Uses X X Restaurant (drive-in, fast food) Restaurant (general) Restaurant (limited) Safety Services Service Station Single-Family Residential Software Development Special Use Historic Telecommunication Tower Two-family Residential Urban Farm X X X X X X X X X X PC X X 19 of 94B-1220 of 94B-1221 of 94B-12Amanda Swor aswor@drennergroup.com 512-807-2904 EXHIBIT D March 7, 2022 Via Electronic Delivery Ms. Rosie Truelove Housing and Planning Department City of Austin 1000 E 11th Street Austin, TX 78702 Dear Ms. Truelove: Re: 4303 and 4307 Speedway – Rezoning application for the approximately 0.52-acre property located at 4303 and 4307 Speedway, in Austin, Travis County, Texas (the “Property”) As representatives of the owner of the Property, we respectfully submit this letter to amend the application currently under review and assigned case number C14-2021-0183, submitted December 1, 2021. With this amendment, we request that the proposed rezoning related to the Property include the condition to prohibit the following uses in Part 6 of Ordinance No. 20020131-20 (the “Hyde Park NCCD Ordinance”) that would be permitted or conditional uses on a site with a Neighborhood Commercial (LR) base district: Club or Lodge Congregate Living Consumer Convenience Services Consumer Repair Services Cultural Services • • • • • • Day Care Services (commercial) • Day Care Services (general) • Day Care Services (limited) • Duplex Residential • Family Home • Financial Services • Financial Services • Group Home Class I (general) • Group Home Class I (limited) • Group Home Class II • Guidance Services • Hospital limited (not to exceed 2500 sf) • • Medical Offices (not exceeding 5000 sf Local Utility Services GFA) Private Primary Educational Facilities Private Secondary Educational Facilities Public Primary Educational Facilities Public Secondary Educational Facilities Religious Assembly Restaurant (drive-in, fast food) Service Station Software Development Two-family Residential • • • • • • • • • 22 of 94B-12Amanda Swor aswor@drennergroup.com 512-807-2904 This amendment shall permit the following uses on the Property: Administrative and business offices Art gallery Art workshop Food Sales • • • • • General retail sales • Multifamily residential • • • • • Personal improvement services Personal services Professional office Restaurant Single-family residential Additionally, we request that Part 9 of the Hyde Park NCCD Ordinance be amended that § 25-2- 1067 (G) and (H) of Compatibility Standards shall not apply to the Property if developed with any of the above permitted uses. The parking area and driveway will continue to provide safe and sufficient parking, sensitive to the neighborhood design and character and continue to serve as a buffer between the adjacent SF-3-HD-NCCD-NP zoning and commercial structures on the Property. Except for the above-mentioned modifications, the Property shall comply with all other compatibility standards, § 25-2-1066 Screening Requirements and with Schedule A Parking Requirements of the City code. Per Hyde Park NCCD Ordinance, off-site accessory parking shall continue to be allowable on this Property. Please let me know if you or your team members require additional information or have any questions. No other changes to the Hyde Park NCCD are proposed at this time. Thank you for your time and attention to this project. Very Truly Yours, Amanda Swor cc: Jerry Rusthoven, Housing and Planning Department (via electronic delivery) Joi Harden, Housing and Planning Department (via electronic delivery) Sherri Sirwaitis, Housing and Planning Department (via electronic delivery) 23 of 94B-12EXHIBIT E ORDINANCE NO. 020131-20 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP ACCOMPANYING CHAPTER 25-2 OF THE CITY CODE TO ESTABLISH THE HYDE PARK NEIGHBORHOOD CONSERVATION COMBINING DISTRICT (NCCD) FOR THE PROPERTY WHOSE BOUNDARIES ARE 45™ STREET TO THE NORTH, 38™ STREET TO THE SOUTH, GUADALUPE STREET TO THE WEST AND DUVAL STREET TO THE EAST, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND TO MODIFY CERTAIN BASE DISTRICTS IN THE NCCD; AND DECLARING AN EMERGENCY. 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 Hyde Park neighborhood conservation combining district (NCCD) and to add a NCCD to each base zoning district within the property bounded by 45th Street to the north, 38th Street to the south, Guadalupe Street to the west, and Duval Street to the east, described in File C14-01-0046 and as more particularly identified in the map attached as Exhibit "A," SAVE AND EXCEPT Lots 5 through 16 of Block 12 of the Hyde Park Addition No. 1, and to change the base zoning districts on 13 tracts of land within the NCCD. PART 2. The base zoning of the 13 tracts shown in the chart below are changed from family residence (SF-3) district, multifamily residence medium density (MF-3) district, multifamily residence moderate- high density (MF-4) district, multifamily residence moderate-high density-historic (MF-4-H) combining district, limited office-historic (LO- H) combining district, and general commercial services (CS) district, to multifamily residence limited density neighborhood conservation (MF-1-NCCD) combining district, multifamily residence low density neighborhood conservation (MF-2-NCCD) combining district, family residence neighborhood conservation (SF-3-NCCD) combining district, family residence-historic-neighborhood conservation (SF-3-H-NCCD) combining district, limited office-historic-neighborhood conservation (LO-H-NCCD) combining district, neighborhood commercial neighborhood conservation (LR-NCCD) combining district, and (MF-3-NCCD) multifamily combining district. residence medium density neighborhood conservation Page 1 of 28 24 of 94B-12MAP TRACT # PROPERTY ADDRESS FROM TO 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 4309 Avenue D 4307 Avenue D 4311 Avenue D 4416 Speedway 4414 Speedway 4412 Speedway 4410 Speedway 4408 Speedway 4406 Speedway 4404 Speedway 4402 Speedway 4400 Speedway 431 3 Speedway 4311 Speedway 4309 Speedway 4408 Duval Street 4406 Duval Street 4404 Duval Street 4402 Duval Street 4400 Duval Street 431 6 Duval Street 4314 Duval Street 4308 Duval Street 4306 Duval Street 4302 Duval Street 4204 Duval Street 4202 Duval Street 41 06 Duval Street 4104 Duval Street 41 00 Duval Street 401 6 Duval Street 4012 Duval Street 401 4 Duval Street 4008 Duval Street 4006 Duval Street 4004 Duval Street 4200 Duval Street MF-4 MF-4 MF-4 MF-3 MF-3 MF-3 MF-3 MF-3 MF-3 MF-3 MF-3 MF-3 MF-3 MF-3 MF-3 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 MF-4 Page 2 of 28 SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCGD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD 25 of 94B-12MAP TRACT* PROPERTY ADDRESS FROM TO 7 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 9 10 10 11 12 13 14 14 14 15 4112 Duval Street 4214 Speedway 4210 Speedway 421 3 Speedway 4203 Speedway 4112 Speedway 4201 Speedway 4110 Speedway 4115 Speedway 4113 Speedway 4108 Speedway 4104 Speedway 4109 Speedway 41 07 Speedway 4100 Speedway 4101 Speedway 4006 Speedway 4007 Speedway 4009 Speedway 391 3 Avenue C (2 parcels) 3900 Avenue C (2 parcels) 4002 Avenue B 408 W 40th Street 406 W40Tn Street 4000 Avenue B 3815 Guadalupe Street MF-4 MF-4 MF-4 MF-4 MF-4 MF-4-H MF-4 MF-4-H MF-4 MF-4 MF-4-H MF-4 MF-4 MF-4 MF-4 MF-4 LO-H MF-4 MF-4 MF-4-H MF-4-H CS cs CS cs cs MF-2-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-H-NCCD SF-3-NCCD SF-3-H-NCCD SF-3-NCCD SF-3-NCCD SF-3-H-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD SF-3-NCCD LO-H-NCCD SF-3-NCCD SF-3-NCCD SF-3-H-NCCD SF-3-H-NCCD SF-3-NCCD LR-MU-NCCD LR-MU-NCCD LR-MU-NCCD CS-NCCD for first 120' from the r.o.w.; MF-3-NCCD for remainder PA RT 3. DEFINITIONS. In this ordinance: AC del loc "CESSORY BUILDING means a building in which an accessory use is located that is ached from and located on the same site as a building in which a principal use is ated. Page 3 of 28 26 of 94B-12AVENUE means a street running in a north-south direction and designated as an avenue. CIRCULAR DRIVEWAYS 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, Speedway District, West 38th District, Guadalupe District, Duval District, or the Hyde Park Civic District. DRIVEWAY RUNNERS means a pair of pavement strips acting as a driveway. FULL BATHROOM means a bathroom with a toilet, sink, and a bathtub or shower or shower/bathtub combination. 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 Hyde Park NCCD is divided into the following districts which are more particularly identified on the map attached as Exhibit B. 1. The Residential District - includes all property not included in another district. 2. The Speedway District - generally located one-half block on each side of Speedway Street from 38th Street to 45th Street. 3. The Duval District - generally located one-half block west of Duval Street from 40th Street to 45th Street. 4. The West 38th Street District - generally located one block between West 38th Street and West 38th V* Street from one lot back from Speedway to one lot back from Guadalupe Street. Page 4 of28 27 of 94B-125. 6. The Guadalupe District - generally located from Guadalupe Street to one-half block east of Guadalupe Street from 38th Street to 45th Street. th The Hyde Park Civic District - generally located in the area of Speedway and 40 Street. PART 5. Development in the Hyde Park Civic District is subject to Ordinance No. 900830-Q. The regulations in Part 6 (Permitted and Conditional Uses), Part 7 (General Provisions), Part 8 (Residential District) and Part 9 (Speedway District) of this ordinance apply to development in the Hyde Park Civic District if they do not conflict with Ordinance No. 900830-Q, as amended. If a use regulation or site development standard is not addressed by Ordinance No. 900830-Q or this ordinance, then the base zoning district regulations as they existed on August 30, 1990 apply. PART 6. Permitted and Conditional Uses. 1. The following table establishes the permitted and conditional uses for property in commercial zoning districts in the Hyde Park NCCD. Use regulations in this section may be modified in Section 2 of this part. Column (A) applies to property with commercial zoning in the Residential, Speedway, Duval, West 38th, and Hyde Park Civic Districts that are not included in Column (B) or Column (C). Column (B) applies to property at the following locations: 408 E. 43rd Street; the Duval Shopping Center which includes 411, 413, 417, and 419 E.43rd Street and 4220, 4222, 4224 and 4230 Duval Street; and 4206 Duval Street. Column (C) applies to property located at 4300 Speedway. USES: Administrative and business offices Art and craft studio (limited) Column A GO P P LO P P CS P P GR P P Column B GR P P LR P P Column C CS P P NO P — CS P P Page 5 of 28 28 of 94B-12Column A GO GR LO NO Column B GR LR Column C cs p USES: Art and craft studio (general) Commercial off-street parking Condominium Residential Congregate living Consumer convenience services Consumer repair services Cultural services Custom manufacturing Club or lodge Day care services (limited) Day care services (general) Day care services (commercial) Duplex residential Family home Financial services Food sales General retail sales (convenience) General retail sales (general) Group home class I (limited) Group home class I (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 5000 s.f.) cs p C ~ C C C p — C p p p p p C C C C p p p p p C ~ " p — C -- C C C p — C p p p p p C C C C p p p p p C ~ ~ p — — __ C — — p ~ C p p p p p ~ __ — __ p p p p p ~ — —p — — ~ C — — p ~ C p p p p p ~ ~ — ~ p p C — C ~ -- -- p Page 6 of 28 cs p C ™ c p p p C C p p p p p p p p p p p p p p C C C p — C — C p p p — C p p p p p p p p p p p p p p C -- C p — — ~ C — — — — —p p p p p — — — -_ p p C — — — ™ — — — — — C p p p ~ C p p p p p p p p — p p p p C ~ — C p C p C p p p — C p p p p p p p p ~ p p p p p — — — p 29 of 94B-12USES: Medical offices (over 5000 s.f.) Multifamily residential Off-site accessory parking Personal improvement services Personal services Private primary educational facilities Private secondary educational facilities Public primary educational facilities Public secondary educational facilities Professional office Religious assembly Restaurant (drive-in, fast food) Restaurant (limited) Restaurant (general) Service Station Single-family residential Software development Theater Two-family residential Veterinary services (not to exceed 2500 s.f.) . — _- C P P P P P P P P — — — — P C C P P Column A GO LO — cs GR — NO CS LR Column B GR — Column C cs P — — C — P P P P P P P — — ~ —P C — P — — — — ~ P P P P P P — ~ __ ~ P C — P — ~ C P P P P P P P P — ~ ~ ~ P C C P — — — — — ~ P P P P P P — — „ — P C — P — — — C P P P P P P P P C P P C P P P P P — — C — P P P P P P P C P P C P P — P — ~ c P P P P P P P P C P P C P P P P — . P C P P P P P P P P — P P — P P C P P 2. The section applies to the uses established in Section 1 of this part. a. The maximum size of a day care services (commercial) use permitted under Column A is 5000 square feet, under Column B is 2500 square feet, and under Column C is 5000 square feet. Page 7 of 28 30 of 94B-12b. A financial service use or food sales use permitted under Column B and Column C may not include a drive-in service. c. A medical office (over 5000 square feet) permitted under Column C may not exceed 8000 square feet plus 50 percent of the gross floor area of a building over 8000 square feet. d. A multifamily residential use, condominium residential use, or any combination of multifamily and condominium residential uses permitted under Column C may not exceed 75 percent of the gross floor area of all buildings constructed on a site. e. The maximum size of a private primary educational facilities use permitted under Column A is 5000 square feet, under Column B is 2500, and under Column C is 2500 square feet. f. The maximum size of a private secondary educational facilities use permitted under Column A is 5000 square feet, under Column B is 2500 square feet, and under Column C is 5000 square feet. g. The maximum size of a restaurant (limited) and restaurant (general) use permitted under Column C is 3500 square feet. h. The maximum size of a theater use established under Column A and Column B is 5000 square feet. 3. On property located at 4307 Speedway, the permitted uses are those permitted in a multifamily residence medium density (MF-3) district and off-site accessory parking. 4. The following uses are permitted on property located in the Guadalupe District. a. Permitted uses. Administrative and business offices Art and craft studio (general) Automotive rentals Business or trade school Business support services Communication service facilities Agricultural sales and services Art and craft studio (limited) Automotive washing (of any type) Veterinary services College and university facilities Communications services Page 8 of28 31 of 94B-12Community recreation (public) Congregate living Consumer repair services Cultural services Day care services (commercial) Day care services (limited) Exterminating services Family home Food sales General retail sales (convenience) Group home class I (general) Group home class II Hospital services (limited) Indoor entertainment Local utility services Monument retail sales Outdoor sports and recreation Personal improvement services Pet services Private secondary educational facilities Public secondary educational facilities Religious assembly Residential treatment Restaurant (general) Plant nursery Theater (not to exceed 5000 s.f.) Duplex residential Community recreation (private) Consumer convenience services Counseling services Custom manufacturing Day care services (general) Electronic prototype assembly (not to exceed 7500 s.f.) Financial services Funeral services General retail sales (general) Group home class I (limited) Guidance services Hotel-motel Indoor sports and recreation Medical offices Multifamily residential Pawn shop services Personal services Private primary educational facilities Public primary educational facilities Professional office Research services Restaurant (limited) Safety services Software development Single-family residential Two-family residential b. An automotive repair services use is a permitted use on property north of 4001 Guadalupe Street. The maximum lot size for the use is 9500 square feet. c. A limited warehousing and distribution use is a permitted use on property south of 40th Street. The use may not exceed 7500 square feet. d. A telecommunications tower use is a permitted or conditional use as determined by Section 25-2-839 of the City Code. e. A residential use may not be located in the front 70 percent of the ground floor of a building. Page 9 of28 32 of 94B-125. The following uses are conditional uses on property in the Guadalupe District. a. Conditional uses. Building maintenance services Commercial off-street parking Convenience storage Equipment repair services Laundry services Hospital services (general) Off-site accessory parking Commercial blood plasma center Construction sales and services Drop-off recycling collection facility Equipment sales Service station Club or lodge b. Except as otherwise provided in this subsection, a restaurant (drive-in, fast food) use is a conditional use. A drive-in service is prohibited on property located between 40m and 43rd Streets. PART 7. GENERAL PROVISIONS. Except as otherwise provided in Part 5 of this ordinance or in this part, the following provisions apply to all property within the NCCD. 1. 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 may front on the numbered street. A building on a through lot located west of Speedway on West 38th Street or West 39th Street shall front on West 38th Street or West 39th Street. 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. 2. This section applies to a property that is redeveloped for multifamily, commercial or civic use. a. A site for a dumpster shall be provided on the property. The dumpster shall be screened from the view of adjacent property. b. Except as otherwise provided in this subsection, each parking space shall be independently accessible. For a multifamily use, tandem parking is permitted if the spaces are assigned to one dwelling unit. 3. Except as otherwise provided in this section, the maximum gross floor area of the rear dwelling unit of a two-family residential use is 850 square feet. On a corner lot, the Page 10 of 28 33 of 94B-12rear dwelling unit may exceed 850 square feet if the following conditions and other applicable site development regulations are satisfied: a. living space is provided on the ground floor; b. one unit has frontage on an north-south street; and c. one unit has frontage on a numbered street. 4. Accessory buildings may not exceed 10 percent of the site area. 5. 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. 6. This section applies to a fence located in a street side yard that faces an avenue 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. 7. A fence located along an alley shall have an inset to accommodate a trash receptacle. The inset shall be a minimum 18 square feet. 8. A driveway that provides four or fewer required parking spaces may be designed with gravel surfacing or using driveway runners. Design and construction must be approved by the Director of the Watershed Protection and Development Review Department. A driveway apron shall comply with City of Austin specifications. 9. A required or excess parking space may not be located in a street yard. This provision does not apply to property in the West 38th Street District or to property located at 4300 or 4307 Speedway if provisions for those areas permit parking in the street yard. 10. 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. 11. If a parking facility is located on the ground floor of a building, pedestrian-oriented uses must be located at the front of the building. 12. Except for a single-family, duplex, or two-family residential use, excess parking is prohibited. This section does not apply to property located at 4300 or 4307 Speedway if excess parking is permitted by the provisions applicable to the property. Page 1 f of 28 34 of 94B-1213. 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. 14. Alley access is permitted if the access complies with applicable City regulations. 15. Except in the Guadalupe District, 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 City Code. 16. Except as otherwise provided in this section, parking is permitted in a street yard on West 38th l/2 Street. Parking may not be closer than ten feet to a property line. 17. Except as otherwise provided in this section, the following provisions apply in all Districts except the Guadalupe District. a. A circular driveway is not permitted. 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 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 100 feet of frontage or more and has two dwelling units. Property located at 4300 Speedway may have 3 curb cuts. c. The width of a driveway: Page 12 of 28 35 of 94B-121. for a residential use, may not exceed 12 feet from the driveway apron to the building setback line and 24 feet from the building setback line to a parking area; 2. for a commercial, civic, multifamily residential, or condominium residential use, may not exceed 25 feet. d. For an existing single-family, duplex, or two-family residential use: 1. compliance with current City parking regulations is required if: a. 200 square feet or more are added to a building floor area; b. the principal use changes; or c. a full bathroom is added to a dwelling unit that has three or more bathrooms; and 2. a person may not reduce the parking spaces to a number less than the number of spaces prescribed in the City Code. e. For property located at 4300 Speedway: 1. the minimum parking requirement is 70 percent of the minimum requirement established by the City Code; 2. the maximum parking allowed is 100 percent of the minimum requirement established by the City Code; 3. parking in excess of the maximum allowed is not permitted, provided that excess parking that exists on the effective date of this ordinance may continue as long as not more than 5000 square feet of gross floor area is added to the property; and 4. off-site parking at 4307 Speedway does not count against the maximum parking allowed at 4300 Speedway. f. The design and location of parking facilities located at 4300 and 4307 Speedway is permitted as shown on the survey of the property conducted by Roy D. Smith Page 13 of 28 36 of 94B-12Surveyors and dated August 26, 1993, attached to this ordinance as Exhibit "C" and on file with the Director of Neighborhood Planning and Zoning Department in FileC14-01-0046. g. The following provision applies to parking required under Subsection d. 1. Tandem parking: a. for a single-family or duplex residential use, is permitted; and b. for a multi-family use, is permitted if both spaces are assigned to the same unit. 2. Two parking spaces per dwelling unit are required in the Residential District and the West 38th Street District. h. This subsection applies to property located at 4307 Speedway. Parking is permitted in a street yard for any use if an off-site accessory parking use exists on any part of the property. PART 8. RESIDENTIAL DISTRICT. The following site development regulations apply in the Residential District. 1. Site Development Standards Table. Except as otherwise modified in this part, the following site development regulations apply in the Residential District. RESIDENTIAL DISTRICT Site Development Standards Single-family Zoning Districts Zoning Districts Multifamily Commercial Zoning Districts Minimum lot size Minimum lot width Maximum FAR 5750 50 8000 50 0.5 to 1 5750 50 0.5 to 1 Page 14 of 28 37 of 94B-12Maximum building coverage Maximum impervious cover Maximum height Minimum interior side yard setback Minimum rear setback 40% 45% 30 5 10 50% 60% 30 5 10 50% 70% 30 5 10 2. Except as otherwise provided in this part, on an avenue, Duval Street, and the south side of West 39th Street: a. 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. This section applies to the minimum street yard setback established in Subsection 2.a. of this part. a. The minimum street yard setback may equal the average of the street yard setbacks of the principal buildings on the same side of the block that are 25 feet or less from the street property line. If more than one principal building is located on a property, then the setback of the building closest to the street property line is used in the calculation. b. Notwithstanding any provision in this section, a setback may not be less than five feet. 5. This subsection applies to the street yard setback established in Section 3 of this part. Page 15 of28 38 of 94B-12a. The street yard setback of the subject property may equal the average of the street yard setbacks of the buildings on adjoining lots if the setbacks are 15 feet or less. In this section, a building across an alley is a building on an adjoining lot. The street 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. b. Notwithstanding any provision in this section, a setback may not be less than five feet. 6. For a building fa9ade that is longer than 50 feet, the fa9ade may not extend horizontally in an unbroken line for more than 30 feet. 7. A two-family residential use is permitted in the Residential District on a lot that is 7000 square feet or larger. 8. Except as provided in Section 9 of this part, a porch may extend: a. on an avenue, a maximum of eight feet in front of the street yard setback; and b. on a street other than an avenue, a maximum of five feet in front of a street yard setback. 9. A porch must be at least five feet from a property line that faces a street. 10. Except as otherwise provided in Sections 13 and 14 in this part, for an accessory building the minimum setback from: a. a property line facing an avenue, Duval Street, or the south side of West 39th b. a property line facing a street other than a street identified in Subsection a. of this Street is 60 feet; section is 15 feet; and c. an interior side property line is five feet. 11. Except as otherwise provided in Section 12, 13, and 14 of this part, the minimum setback from a rear property line for an accessory building that is not more than 30 feet in height, is five feet. Page 16 of28 39 of 94B-1212. Section 11 of this part does not apply to a through lot. 13. An attached or detached garage that has vehicular access on an alley or street shall be set back at least 20 feet from the alley or street. 14. A non-complying accessory building may be reconstructed at its existing location, but may not be less than three feet from the rear and interior and street side property lines. 15. An attached garage shall be a minimum of 60 feet from the property line facing an avenue, Duval Street, or the south side of West 39th Street. 16. 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. 17. Driveway runners or gravel driveways are permitted. The design and construction must be approved by the Director of the Watershed Protection and Development Review Department. PART 9. SPEEDWAY DISTRICT. The following provisions apply in the Speedway District. 1. Site Development Standards Table. Except as otherwise modified in this part, the following site development regulations apply in the Speedway District. SPEEDWAY DISTRICT SITE DEVELOPMENT STANDARDS SF-3 Zoning District Multifamily & Commercial Zoning Districts Minimum lot size Minimum lot width Maximum FAR Maximum building coverage 5750 50 - 40% Page 17 of 28 8000 50 0.5 to 1 50% 40 of 94B-12Maximum impervious cover 50% 70% MF 80% commercial Maximum height Minimum interior side yard Setback Minimum rear setback 30 5 10 30 5 10 2. Except as otherwise provided in this part, on Speedway: a. 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 Speedway. Except as otherwise provided in this part, the minimum street yard setback is 15 feet. 4. This section applies to the minimum street yard setback established in Subsection 2.a. of this part. a. The minimum street yard setback may equal the average of the street yard setbacks of the principal buildings on the same side of the block that are 25 feet or less from the street property line. If more than one principal building is located on a property, then the setback of the building closest to the street property line is used in the calculation. b. Notwithstanding any provision in this section, a setback may not be less than five feet. 5. This subsection applies to the street yard setback established in Section 3 of this part. a. The street yard setback of the subject property may equal the average of the street yard setbacks of the buildings on adjoining lots if the setbacks are 15 feet or less. In this section, a building across an alley is a building on an adjoining lot. The street 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. Page 18 of 28 41 of 94B-12b. Notwithstanding any provision in this section, a setback may not be less than five 6. The following site development regulations apply to property located at 4300 feet. Speedway. a. The maximum floor-to-area ratio is 0.75 to 1. b. Except as otherwise provided in this subsection, the maximum height is 30 feet. A building may have a height of 36 feet if the building has a pitched roof, measured to the average height of the highest gable. c. There is not a maximum street yard setback on Speedway. There is not a street yard setback on West 43r Street. There is not an interior side yard or rear yard setback. d. The maximum impervious cover is 80 percent. e. The maximum building coverage is 55 percent. f Chapter 25-2, Subchapter C, Article 10 (Compatibility Standards) of the City Code does not apply to the modification of the structure that exists at 4300 Speedway on the effective date of this ordinance if: 1. 5000 square feet of gross floor area or less is added to the structure; and 2. the modifications are permitted for noncomplying structures under Section 25-2- 963 (Modifications and Maintenance of Noncomplying Structures) of the City Code. 7. There is not a minimum or maximum street yard setback on Speedway for an off-site accessory parking use on property located at 4307 Speedway. 8. A duplex or two-family residential use is permitted on a lot that is 6000 square feet or larger. 9. Except as provided in Section 10 of this part, a porch may extend: a. on Speedway, a maximum often feet in front of the street [front] yard setback; and Page 19 of 28 42 of 94B-12b. on a street other than Speedway, a maximum of five feet in front of the street yard setback. 10. A porch must be at least five feet from a property line that faces a street. 11. Except as otherwise provided in Sections 14 and 15 in this part, for an accessory building, the minimum setback from: a. a property line facing Speedway is 60 feet; b. a property line facing a street other than Speedway is 15 feet; and c. an interior side property line is five feet. 12. Except as otherwise provided in Section 13, 14, and 15 of this part, the minimum setback from a rear property line for an accessory building that is not more than 30 feet in height is five feet. 13. Section 12 of this part does not apply to a through lot. 14. 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. 15. A non-complying accessory building may be reconstructed at its existing location, but may not be less than three feet from the rear and interior and street side property lines. 16. An attached garage shall be a minimum of 60 feet from a property line facing Speedway. 17. 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. 18. Driveway runners and gravel surfacing driveways are permitted. Design and construction must be approved by the Director of the Watershed Protection and Development Review Department. Page 20 of 28 43 of 94B-1219. This section applies to a restaurant use at 4300 Speedway that provides outdoor seating. a. The outdoor seating area does not count against the allowable square footage for a restaurant (limited) and restaurant (general) use established in Part 6, Subsection 2.g. of this ordinance and is not used to determine the parking requirement if: 1. the outdoor seating does not exceed 40 percent of the total seating; and 2. not more than 10 tables are located outside. b. The outdoor seating area that exceeds 40 percent of the total seating area is counted as part of the allowable square footage for a restaurant (limited) and restaurant (general) use and shall be used to determine the parking requirement. PART 10. DUVAL DISTRICT. The following provisions apply in the Duval District. 1. Site Development Standards Table. Except as otherwise modified in this part, the following site development regulations apply in the Duval District. DUVAL DISTRICT SITE DEVELOPMENT STANDARDS SF-3 Zoning District Multifamily & Commercial Zoning Districts Minimum lot size Minimum lot width Maximum FAR Maximum building coverage Maximum impervious cover Maximum height 5750 50 40% 50% 30 Page 21 of 28 8000 50 0.5 to 1 50% 30 60% MF 80% commercial 44 of 94B-12Minimum interior side yard Setback Minimum rear setback 10 10 2. Except as otherwise provided in this part, on Duval Street and Avenue H: a. 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. This section applies to the minimum street yard setback established in Subsection 2.a. of this part. a. The minimum street yard setback may equal the average of the street yard setbacks of the principal buildings on the same side of the block that are 25 feet or less from the street property line. If more than one principal building is located on a property, then the setback of the building closest to the street property line is used in the calculation. b. Notwithstanding any provision in this section, a setback may not be less than five 5. This subsection applies to the street yard setback established in Section 3 of this part. a. The street yard setback of the subject property may equal the average of the street yard setbacks of the buildings on adjoining lots if the setbacks are 15 feet or less. In this section, a building across an alley is a building on an adjoining lot. The street 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. b. Notwithstanding any provision in this section, a setback may not be less than five feet. feet. Page 22 of 28 45 of 94B-126. A duplex or two-family use is permitted on a lot that is 5900 square feet or larger. 7. Except as provided in Section 8 of this part, a porch may extend: a. on an avenue, a maximum of eight feet in front of the street yard setback; and b. on a street other than an avenue, a maximum of five feet in front of a street yard setback. 8. A porch must be at least five feet from a property line that faces a street. 9. Except as otherwise provided in Sections 12 and 13 in this part, for an accessory building the minimum setback from: a. a property line facing Duval Street or Avenue H is 60 feet; b. a property line facing a street other than Duval Street and Avenue H is 15 feet; and c. an interior side property line is five feet. 10. Except as otherwise provided in Section 11, 12, and 13 of this part, the minimum setback from a rear property line for an accessory building that is not more than 30 feet in height is five feet. 11. Section 10 of this part does not apply to a through lot. 12. An attached or detached garage that opens on an alley or street must be set back at least 20 feet from the alley or street. 13. A non-complying accessory building may be reconstructed at its existing location but may not be less than three feet from the rear and interior and street side property lines. a. shall be a minimum of 60 feet from a property line facing Duval Street or Avenue 14. An attached garage: H; and b. may not face Duval Street or Avenue H. Page 23 of 28 46 of 94B-1215. This section applies to a restaurant use that provides outdoor seating. a. The outdoor seating area is not used to determine the parking requirement if: 1. the outdoor seating does not exceed 40 percent of the total seating; and 2. 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. WEST 38TH STREET DISTRICT. The following provisions apply in the West 3 8th Street District. 1. Site Development Standards Table. Except as otherwise modified in this part, the following site development regulations apply in the West 38th Street District. WEST 38™ STREET DISTRICT SITE DEVELOPMENT STANDARDS All Residential Zoning Districts Commercial Zoning Districts 5750 SF residential 6000 two-family, duplex 8000 MF Minimum lot size Minimum lot width Maximum FAR Maximum building coverage Maximum impervious cover Maximum height 0.6 to 1 MF 45% SF 55% MF 50% SF 70% MF 50 30 Page 24 of 2 8 5750 50 0.6 to 1 55% 70% 30 47 of 94B-12Minimum interior side yard Setback Minimum rear setback 10 10 On 38 Street, 38 Y2 Street, and Avenue B, the minimum street yard setback is 25 feet. ,th >th )th >th On 38 Street and 38 Vz Street, the maximum street yard setback is 50 feet On Avenue B, the maximum street yard setback is 30 feet. 3. 4. 5. In a neighborhood office (NO) district: a. floor-to-area ratio is 0.35 to 1; b. maximum impervious cover is 60%; and c. maximum building coverage is 45%. 6. In a general office (GO) district: a. maximum impervious coverage is 80%; and b. maximum building coverage is 60%. 7. A parking area may be located at ground level under a building if the parking area is screened from the street. 8. A building may be 40 feet in height if the following is provided: a. a screened ground level parking area below the building, and b. a minimum of one tree at least every 12 feet the width of the landscape yard. 9. An attached or detached garage that has vehicular access on an alley shall be set back at least 20 feet from the alley. Page 25 of 28 48 of 94B-12PART 12. GUADALUPE DISTRICT. The following provisions apply in the Guadalupe District. 1. Site Development Standards Table. Except as otherwise modified in this part, the following site development regulations apply in the Guadalupe District. GUADALUPE DISTRICT SITE DEVELOPMENT STANDARDS ALL USES Minimum lot size Minimum lot width Maximum FAR Maximum building coverage Maximum impervious cover Minimum interior side yard setback Minimum rear setback 4000 25 2 t ol 95% 95% 0 10 2. 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, the minimum street yard setback is ten feet. Page 26 of 28 49 of 94B-124. The maximum height: a. on property north of 40th Street is 40 feet; and b. on property south of 40th Street is 60 feet. 5. This section applies to property north of 40th Street. A building that is 30 feet or less from the rear property line may not exceed 30 feet in height. A parapet wall may exceed the height established in this part by 10 percent. 6. A sidewalk sign is permitted. 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 a projecting sign. 7. This section applies to a restaurant use that provides outdoor seating. a. The outdoor seating area is not used to determine the parking requirement if: 1. the outdoor seating does not exceed 40 percent of the total seating; and 2. 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. 8. Chapter 25-2, Subchapter C, Article 10 (Compatibility Standards) of the City Code does not apply to the rear yard setback established in Section 1 of this part. Parking is permitted in the rear setback. PART 13. The Council waives the requirements of Section 2-2-3, 2-2-5, and 2-2-7 of the City Code for this ordinance. Page 27 of 28 50 of 94B-12PART 14. The Council finds that the ambiguity concerning the appropriate development regulations to be applied to the Hyde Park neighborhood combining district should finally be resolved in an expeditious manner because the issue has been debated too long, which constitutes an emergency. Because of this emergency, this ordinance takes effect immediately on the passage for the immediate preservation of the public peace, health and safety. PASSED AND APPROVED January 31 ., 2002 r Gustavo L. Garcia Mayor APPROVED: TTEST: City ttorney Shirley A. Brown City Clerk Page 28 of 28 51 of 94B-12N Al\ r=eoo' ^M& PENDING CASE CASEMGR: C.WILLIAMS ZONING £Xtf-'£// A CASE #: C14-01-0046 ADDRESS: HYDE PARK NCCD ^ ' C^ ^ DATE: °2"02 REFERENCE NUMBER U25.26 K25,2 6 •^T^ ///Bfer*^ A^7 /o/V^^f i SUBJECT AREA (acres): N/A 5V / Z>C <^H* JSfc7 <£ S7 T¥j§fc/J.J} f^^f°Af A5>^ / ^^/ INTLS: TRC foT^^ /^WI_/,U /o T^ 52 of 94B-12Proposed Hyde Park Neighborhood Conservation Combining District Proposed Base District Zoning Changes "•"—"• See attached chart for zoning recommendations. 53 of 94B-12Hyde Park Neighborhood Plan Proposed Hyde Park Neighborhood Conservation Combining District Proposed Subdistricts of the Hyde Park NCCD f""1 Proposed Hyde Park NCCD ZSS^w &&/£ /3 /' I I Residential District R Guadalupe District R88SI Speedway District |S Duval District Hyde Park Civic NCCD ( Hyde Park Baptist Church - Civic District) i «M hu b—i pnduoil W r- CIJ rf *^* Mi • wlr It ir*S« Pf ( (. 38th District 54 of 94B-12SB. fj;3i*=t 1 iltl - j .linvM I * £ !3!:s"3 n f ' S; ;:~-Ij.3X =1 . t i ' i* tiiiizt ,1 - " " "' J *' « ws\3 , ...... 4-— :z: t 1 \ "^ V - _ , jfir-r.y-r - - > -• •• -L. irl- _.j j it-I- ll a i * . 5' •• ".1^ 1 tj B^- »3 . ^' - « - - XSOlt 0, f in'ti • " • i* •*• "-*• " \ • n J . . • s f! ' i C — y i$ 03 L I 55 of 94B-12EXHIBIT F Case Number: C14-2021-0183 PETITION Total Square Footage of Buffer: Percentage of Square Footage Owned by Petitioners Within Buffer: Date: 3/24/2022 247963.8035 54.62% Calculation: The total square footage is calculated by taking the sum of the area of all TCAD Parcels with valid signatures including one-half of the adjacent right-of-way that fall within 200 feet of the subject tract. Parcels that do not fall within the 200 foot buffer are not used for calculation. When a parcel intersects the edge of the buffer, only the portion of the parcel that falls within the buffer is used. The area of the buffer does not include the subject tract. TCAD ID Address Owner Signature Petition Area Precent 0220060309 4312 SPEEDWAY 78751 0220060311 4300 SPEEDWAY 78751 0220060706 4311 SPEEDWAY AUSTIN 78751 0220060606 4213 SPEEDWAY AUSTIN 78751 0220061105 4309 1/2 AVENUE F AUSTIN 0220060701 4301 SPEEDWAY 78751 0220061102 200 E 43 ST 78751 0220060712 4302 AVENUE F AUSTIN 78751 0220060209 4214 SPEEDWAY AUSTIN 78751 0220060710 4310 AVENUE F 78751 0220060711 4308 AVENUE F 78751 0220060607 4212 AVENUE F 78751 0220060705 4309 SPEEDWAY AUSTIN 78751 0220060713 4300 AVENUE F AUSTIN 78751 0220060709 4312 AVENUE F AUSTIN 0220061104 4309 AVENUE F 78751 0220061103 4307 AVENUE F 78751 0220060708 4314 AVENUE F AUSTIN 78751 0220060707 4313 SPEEDWAY 78751 Total 4310 SPEEDWAY LLC 43RD SPEEDWAY LLC BARR RONALD E BROWDER LESLIE B & TOMMY L GEORGE BRUNS MICHAEL JAMES CITY OF AUSTIN CONNELL SHAWN HARRIE & ELEANOR DANIEL JOEL W HINDMAN HEATHER & ROBERT OPPENHEIM HOROWITZ MICHAEL J & BETSY J CLUBINE KAREN J SAADEH REVOCABLE TRUST & DAVID L MATTHIS REVOCABLE TRUST MAXSON PETER F & JOHN C R R TAYLOR III PRUNER TODD W VIGNERY KATHERINE A WALKER SUZANNA WILLIS WARD STEVEN B WILLIAMS JOHN A & MICHELLE ROSSOMANDO WYCHE GEORGE G III ZULLO DOUGLAS MICHAEL & MICHAEL MALONE NESTOR no no yes yes no no yes yes yes yes yes yes yes yes yes yes yes no yes 22168.25 43725.57 9047.87 15473.55 734.36 20702.17 4190.46 8108.64 6118.91 16049.34 11977.35 9341.41 9050.40 18369.65 8076.51 2484.87 2541.87 10533.28 14597.76 0.00% 0.00% 3.65% 6.24% 0.00% 0.00% 1.69% 3.27% 2.47% 6.47% 4.83% 3.77% 3.65% 7.41% 3.26% 1.00% 1.03% 0.00% 5.89% 233292.23 54.62% 56 of 94B-12E C U N E AV W 45 T H S T E D U N E AV W 44T H ST E 44T H S T E F U N E AV W 43R D ST AY W D E E P S W 42 N D S T E 43R D ST E 45T H S T E G U N E AV E H U N E AV E 42N D S T ± BUFFER PROPERTY_OWNER SUBJECT_TRACT PETITION Case#: C14-2021-0183 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 200 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 57 of 94B-12EXHIBIT F 58 of 94B-1259 of 94B-1260 of 94B-1261 of 94B-1262 of 94B-1263 of 94B-1264 of 94B-1265 of 94B-1266 of 94B-1267 of 94B-1268 of 94B-1269 of 94B-1270 of 94B-1271 of 94B-1272 of 94B-1273 of 94B-1274 of 94B-1275 of 94B-1276 of 94B-1277 of 94B-12EXHIBIT G The Hyde Park Neighborhood Plan Contact Team respectfully opposes the proposed rezoning to allow commercial development at 4303 and 4307 Speedway (Case Number 2021-188819). The tracts in question are currently zoned MF-3 (multifamily) and SF-3 (duplex and single-family), which is the zoning called for in our Neighborhood Plan and codified in the Hyde Park NCCD. While the proposed LR-MU rezoning would still allow residential use it does not require it and the applicant’s proposal is for a commercial project. The Contact Team believes that housing is a much greater priority at this time for our neighborhood and for Austin as a whole, and that a multifamily project is a more appropriate use for these centrally located lots near public transit. During the CodeNEXT process, a majority of the Planning Commission and the City Council repeatedly expressed the need to create more housing in our neighborhood and in all parts of Austin. We believe the proposed rezoning is a step backwards from that goal, and we ask you to reject it on that basis. However, should a majority of the City Council decide to support a rezoning to commercial use, we ask that the wishes of the immediate neighbors be respected with regard to uses, hours of operation, lighting, and other issues that may affect their daily quality of life. We further suggest that any agreed-upon limits or conditions that cannot be codified through zoning be contained in a restrictive covenant, ideally with the Hyde Park Neighborhood Association, which has been in continuous operation since 1974, so that the burden of enforcement does not fall on a small group of individual neighbors. Approved by a vote the Hyde Park Neighborhood Plan Contact Team February 9, 2022 The Hyde Park Neighborhood Plan Contact Team is established under Austin Land Development Code Section 25-1-805 and serves as designated steward of the area’s city- approved Neighborhood Plan. 78 of 94B-12Hyde Park Neighborhood Association Resolution regarding Case Number 2021-188819 The Hyde Park Neighborhood Association (HPNA) passed the following resolution opposing rezoning of 4303 and 4307 Speedway at its General Membership Meeting on March 7, 2022 (Case Number 2021-188819). The Hyde Park Neighborhood Association (HPNA) opposes the rezoning of 4303 Speedway, currently zoned SF-3, and 4307 Speedway, currently zoned MF-3, to LR-MU, as proposed by its owner, Blake Thompson (Case Number 2021-188819). While the owner’s proposed LR-MU rezoning allows for residential use, his proposal for the property is an entirely commercial development, including converting the house and ADU at 4303 Speedway to commercial property. We believe these properties should remain residential for the following reasons: ● At this time, housing is a much greater priority for the city of Austin than commercial property. Members of both the Planning Commission and City Council have repeatedly cited the need for additional housing. Converting these lots to commercial property would not only fail to alleviate this need but would add to it by removing the two existing housing units at 4303 Speedway. ● This area is particularly appropriate for residential property because of its central location and the closeness of public transit. ● Residential zoning at these two addresses is recommended in the Hyde Park Neighborhood Plan and codified in the Hyde Park Neighborhood Conservation Combining District. Therefore, HPNA strongly believes that these properties should remain residential. 79 of 94B-12From: To: Cc: Subject: Date: Elaine Corral Sirwaitis, Sherri Abimael Corral Opposition to Requested Zoning Change C14-2021-0183 Wednesday, March 30, 2022 10:29:54 AM *** External Email - Exercise Caution *** Hi Sherri, I am writing to you about Case Number: C14-2021-0183, 4303 and 4307 Speedway since you are the case manager. Public Hearing: April 12, 2022, Planning Commission My husband and I have owned and lived at our home at 204 E 43rd St since 1996. We are against the proposed zoning change. We will be out of town the day of the Public Hearing so I have sent my comments to the City Council and with this email to you. The requested zoning change is antithetical to Austin’s housing goals. It takes properties that are zoned residential—an existing home with an ADU and a property zoned for at least 12 new residences—and turns them into neighborhood commercial / mixed-use (LR-MU). LR-MU zoning allows but does not require housing. The requested zoning change, in combination with the applicant’s plans to redevelop the former post office building at 4300 Speedway, would create a significant commercial hub in the heart of the Speedway residential district. This is counter to the existing pattern of development, where commercial activity is around the perimeter of the Local Historic District. We feel strongly that the Hyde Park neighborhood should help contribute to the city’s goals for additional housing by creating more in-fill residential. 4303 and 4307 are already zoned to do this. We chose to live here because of the walkability of Hyde Park and its variety of housing opportunities, public amenities, and commercial spaces. The neighborhood’s existing commercial amenities are primarily on Duval and Guadalupe, with ready access to public transportation. The 10,000 sq ft Post 80 of 94B-12Office building will also be redeveloped as commercial, as allowed by current zoning; our hope is that more neighbors will get to live across the street and enjoy the new businesses coming in. In my opinion, the highest and best use for these parcels is residential. Please let me know if you have any questions. Thank you. Kind regards, Elaine and Abe Corral (512)656-1336 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 81 of 94B-12From: To: Subject: Date: Attachments: Matt Desloge Sirwaitis, Sherri C14-2021-0183 Saturday, April 2, 2022 5:56:47 PM IMG_0633.jpg *** External Email - Exercise Caution *** CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 82 of 94B-1283 of 94B-1284 of 94B-12From: To: Subject: Date: Anne Hebert Sirwaitis, Sherri Case Number C14-2021-0183 Tuesday, April 5, 2022 7:32:44 PM *** External Email - Exercise Caution *** Ms. Sirwaitis—As a 20+-year resident of Avenue D in Hyde Park, I am writing to express my concern about the requested zoning change for 4303 and 4307 Speedway (Case Number C14-2021-0183). This proposal to rezone the lots—an existing home with an ADU and a parking lot that could support at least 12 new residences—into neighborhood commercial / mixed-use (LR-MU) is antithetical to the city’s goals to create more housing. We never hear that Austin needs more commercial properties, but we do hear constantly that Austin needs more housing. I feel that the lots should retain their residential zoning. Thank you. CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 85 of 94B-12PUBLIC HEARING INFORI\f.A TION This zoning/rezoning request will be reviewed a~d _acted upon at two public hearings: before the Land Use _Com~tSSion and the City Council. Although applicants and/or their agynt(~) are expected to participate in a public hearing, you are ~ot rfqu~red to participate. This meeting will be conducted both onlme and m-person at which you will have the opportunity to speak FOR or AGAINST the proposed development or change. Contact the case manager for further information on how to participate in the public hearings. You may also contact a neighborhood or environmental organization that has expressed an interest in an application affecting your neighborhood. Staff is conducting a pilot program to receive case-related comments online which can be accessed this https://bit.ly/ ATXZoningComment. link or QR code: [!j through . . · ·. -: II · _ · . . Written comments must be submitted to the board or commission or person listed on the notice) before the public hearing. Your comments s~ouh · 1 d me u e the board or commission s name the scheduled date of the pu d an the Case Number and the contact person hsted on the notice. Corres and information submitted to the City of Austin are subject to the Texas Pubhc Information Act (Chapter 552) and will be published online. ·ng ' d pon ence . bhc ean . · · . ' ' Id ( the contact Case Number: C14-2021-0183 Contact: Sherri Sirwaitis, 512-974-3057 Public Hearing: April 12, 2022, Planning Commission tr:i1o Your Name (peas f\../\ oviiV\>l?V'\ r . -1 e print) A _ _ ..L· lV\ in favor ~I object Your address(es) affected by this application (optional) -::::. Signature 4/E:IZZ> Date Daytime Telephone (Optional): ___________ __ __ __ _ During its public hearing, the board or commission may postpone or continue an application's hearing to a later date or may evaluate the City staff's recommendation and public input forwarding its own recommendation to the City Council. If the _ board or commission announces a specific date and time for a postponement or continuation that is not later than 60 days from the announcement, no further notice is required. During its public hearing, the City Council may grant or deny a zoning request or rezone the land to a less intensive zoning than requested but in no case will it grant a more intensive zoning. However, in order to allow for mixed use development, the Council may add the MIXED USE (MU) COMBINING DISTRICT to certain commercial districts. The MU Combining District simply allows residential uses in addition to those uses already allowed in the seven commercial zoning districts. As a result, the MU Combining District alJows the combination of office, retail, commercial, and residential uses within a single development. For additional information on the City of Austin's land development process, visit our website: www.austintexas.gov/planning. ao W\ :tlv ·~£ tNt±ev-~-t- £ mr CPmwiuhA~ . :::th@~ er LA. I fti 1,3 If you use this form to comment, it may be returned to: City of Austin, Housing & Planning Department Sherri Sirwaitis P. 0. Box 1088, Austin, TX 78767 Or email to: sherri.sirwaitis@austintexas.gov 86 of 94B-12From: To: Subject: Date: Marina Bollinger Sirwaitis, Sherri Neighbor Comment on Case C14-2021-0183 4303-4309 Speedway Wednesday, April 6, 2022 12:59:02 PM *** External Email - Exercise Caution *** Dear Sherri Sirwaitis, Thank you for mailing us about the proposed changes to land use near us. My husband Steven Ward and I own and live at 4309 Avenue F, and we welcome the chance to participate in the decision on changing the zoning for 4303 and 4307 Speedway from the current residential zoning to allow for some commercial use. We have sent our comments to the online portal your letter provided but we are sending this email too to be sure our input is registered. We also plan to attend the meeting on April 12. We wish to object to the proposed change to zoning detailed in case C14-2021-0183. As residents of Hyde Park for decades and owners of multiple residences in the neighborhood, we want land use to be reserved for people to live here, and not for more businesses. As such, we wish the 4303-4307 Speedway lots to retain their existing zoning. Our two main reasons for this objection are detailed below. Housing Crisis: We have long followed the growing housing crisis in Austin, and the stunning market increase in housing in the last few years has made that problem so much worse. We would love more residential neighbors in Hyde Park, and to know that our neighborhood is helping to solve this issue for Austin. Diminishing the space for that solution by rezoning 4303-4307 Speedway for any commercial use at all runs counter to city planning policies to help people actually live in inner Austin and enjoy life in our lovely neighborhood. Existing Commercial Hubs: We already have a wonderful commercial hub at Duval (and another at Guadalupe), and the old Post Office immediately across the road from the properties in question—just three blocks away from the extensive Duval hub—is becoming another multiple-business commercial hub soon. That is already a fairly dense commercial zoning distribution for the middle of one of Austin's oldest residential neighborhoods, and it is certainly more than sufficient. We have tried but we cannot find a coherent rationale for converting current residential lots into any commercial use at all in this area of Hyde Park. There is already quite enough to provide for walking-distance amenities—we should know, we have lived here for decades. Because of its current residential HD-NCCD-NP zoning, we always knew the car park lot (4303) would become a set of homes at some point and looked forward to Hyde Park contributing to the residential housing solution for Austin whenever it was developed. We were dismayed to hear the new owner planned otherwise. We are also aware that they have expressed wishes to cater to neighbors by trying to mask any commercial aspect of their proposed development at 4303-4307 Speedway with mixed use, residential architecture, and quieter businesses. Yet these proposals, while well-meaning, completely miss our point here: we do not want any commercial development on those lots at all, not only because we do not require it in any way, but because we enjoy our residential neighborhood and want more people to be able to make their home here. We reject any change to the existing zoning of any 87 of 94B-12residential lots which would diminish that possibility, including 4303-4307 Speedway. We hope that families get to live there instead and enjoy everything we already enjoy, including our current excellent access to commercial hubs at Duval, Guadalupe, and soon at the old Post Office too. I think it's fair to say that great cities of the world remain great in large part by seeking the active participation of their residents, and by the hard work of intelligent, dedicated public service professionals who know what it takes to help their publics thrive. Insofar as Austin and its public servants grant us a say in what happens to our built environment, we gratefully use that ability to state very clearly here that we strongly object to any change to the existing zoning of 4303-4307 Speedway, and we thank you for your work and your time. Could you please send me a very quick response just to say that you have received and read this email? I have left a voicemail with you so we can be in touch to arrange for my online participation on April 12 at the meeting about this question. I look forward to being in touch. Very Best, Marina Bollinger & Steve Ward CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 88 of 94B-1289 of 94B-1290 of 94B-12From: To: Subject: Date: Joe Bedell Sirwaitis, Sherri 4303 and 4307 Speedway Proposed Zoning Change Wednesday, April 6, 2022 2:49:51 PM *** External Email - Exercise Caution *** Dear Ms. Sirwaitis, I own a home at 4101 Avenue G. I have lived in Hyde Park for more than 40 years. I am an architect, registered in Texas and North Carolina. I have been an active member of the Hyde Park Contact Team for more than ten years. I strongly oppose the proposed zoning changes for the properties listed above. Commercial development in the middle of a residential block is dissonant to the settlement patterns in this part of Austin. The Neighborhood Plan calls for residential use for these lots. The City has a need for more residential development. The zoning of these two properties should not be changed. If you have questions or would like to know more about why my neighbors and I oppose this zoning change please contact me by email. Thank you for your attention to this matter. Sincerely, W. C. (Joe) Bedell Jr Joe Bedell ARCHITEX Austin, TX CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 91 of 94B-1292 of 94B-12From: To: Subject: Date: Mary C Kahle Sirwaitis, Sherri Case #C14-2021-0183: Opposed to change from residential zoning (SF3 and MF3) to neighborhood commercial/mixed-use zoning (LR-MU) Thursday, April 7, 2022 9:46:49 AM *** External Email - Exercise Caution *** I'm writing today to express my opposition to a zoning change for the properties at 4303 and 4307 Speedway. The proposed zoning change would not require that the property owner provide residential units at these locations, which goes against everything our city is trying to solve at this time. Currently Hyde Park is one of the most dense areas in the city, and providing more housing at the site is an ideal way make a dent in our housing crisis in a way that works seamlessly with the neighborhood. For these reasons, I'm very opposed to this proposed zoning change. Thank you very much. Mary Kahle (512) 633-1810 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 93 of 94B-12From: To: Subject: Date: Maury Sullivan Rivera, Andrew; Todd Pruner Letter for backup file for Case C14-2021-0183 Thursday, April 7, 2022 1:52:48 PM *** External Email - Exercise Caution *** Dear Mr. Rivera, Please accept this email letter in the backup file for Case C14-2021-0183. Thank you. Maury Sullivan and Todd Pruner ----- Dear Planning Commission, As residents of 4309 Speedway, we are writing to you to bring your attention to an upcoming case that will be on your Tuesday agenda. Case C14-2021-0183 involves a request to change the zoning of two lots (4303 and 4307 Speedway) from residential zoning (SF3 & MF3) to neighborhood commercial/mixed-use zoning (LR-MU). 4303 currently provides missing middle housing with an existing house and an ADU. 4307 is currently a surface parking lot; it is zoned MF-3 and could provide 12-13 additional housing units, which neighbors support. The applicant is requesting a change to LR-MU for a commercial project. We ask you to deny the zoning change and retain existing MF-3 and SF-3 zoning on these sites for the following reasons: Given the city’s housing crisis, it seems counterintuitive to remove residential zoning to create new commercial spaces. As you know, the 2017 strategic blueprint to address the housing crisis calls for 135,000 more housing units by the end of the decade. The existing zoning provides an opportunity to create more multifamily infill housing in a desirable neighborhood near public transit. We moved to Hyde Park 22 years ago because of the mix of housing types, access to public transportation, green spaces, walkability, and public and commercial amenities. The neighborhood already has two existing commercial hubs on Guadalupe and Duval and we support the new commercial development proposed for 4300 Speedway, the former post office site. While the applicant's proposed commercial designs are thoughtful, we feel the highest and best use for this land from a neighborhood and city perspective is residential given the housing crisis. We feel strongly that the Hyde Park neighborhood should help contribute to the city’s goals for additional housing by creating more in-fill residential. 4307 is already zoned to do this. We ask you to deny the zoning change and retain the existing MF-3 and SF-3 zoning on these sites. Thank you for your service and please feel free to contact us with any questions. Sincerely, Maury Sullivan - 512-560-8348 and Todd Pruner - 512-560-8355 CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. 94 of 94B-12