04 C14-2024-0035 - Duval Street Residences; District 9.pdf — original pdf
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ZONING CHANGE REVIEW SHEET CASE: C14-2024-0035 DISTRICT: 9 ZONING FROM: SF-3-CO-NP ZONING TO: MF-1-NP ADDRESS: 3305, 3303 Duval Street & 501, 505 Harris Avenue SITE AREA: 0.31 acres (13,576 sq. ft.) PROPERTY OWNER: 3305 Duval St LLC (Joshua Lake McGuire) AGENT: Clean Tag Permits (Linda Sullivan) CASE MANAGER: Cynthia Hadri 512-974-7620, Cynthia.hadri@austintexas.gov STAFF RECOMMENDATION: The staff recommendation is to recommend multifamily residence (limited density)- neighborhood plan (MF-1-NP) combined district zoning. PLANNING COMMISSION ACTION / RECOMMENDATION: May 14, 2024: CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: The zoning staff is aware of the code violation for this property, the new property owner is seeking the rezoning to MF-1-NP in order to meet City of Austin Code. Please refer to Exhibit C (Applicant’s Summary Letter). CASE MANAGER COMMENTS: The property in question is 0.31 acres, developed with five (5) residential units, is on the intersection of Duval Street (level 2) and Harris Avenue (level 1) and is currently zoned family residence-conditional overlay-neighborhood plan (SF-3-CO-NP). 1 of 1504 C14-2024-0035 - Duval Street Residences; District 9C14-2024-0035 2 The property has single family residences and duplex residential (SF-3-CO-NP, SF-3-H- NCCD-NP and SF-3-H-CO-NP) to the north, south, east and west. Lee Elementary School, Eastwoods Neighborhood Park and Hancock Recreation Center (P-NP) to the north and east. There are also multifamily zoned properties with townhomes uses, duplexes, and multifamily complexes (MF-2-NCCD-NP, MF-3-NCCD-NP) to the south and west. Please refer to Exhibits A (Zoning Map) and B (Aerial View). Staff is recommending the multifamily residence (limited density) – neighborhood plan (MF- 1-NP) combined district zoning as it is a more restrictive multifamily zoning to consider the single-family residences surrounding the property. The new owner has submitted this rezoning application to bring this property into compliance and maintain the current housing stock (five units). Duval street is a level two (2) street with a Capital Metro bus stop directly in front of the property, bike lanes and sidewalks on both sides of the street. The residents of this property could walk or bike to the Hancock Recreation Center, Eastwoods Neighborhood Park and the UT Campus. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The multifamily residence (limited density) district is intended to accommodate multifamily use with a maximum density of up to 17 units per acre, depending on unit size. This district is appropriate for residential neighborhoods having a mixture of single-family and multifamily uses, as a buffer between single-family neighborhoods and higher intensity uses, and in selected areas where limited density multifamily use is desirable. 2. Zoning changes should promote compatibility with adjacent and nearby uses. The proposed zoning would promote compatibility with nearby uses as the properties to the west are zoned multifamily residence (medium density and low density) and there are many amenities nearby. The staff recommends the request for MF-1-NP rezoning because keeping these units will maintain the current housing stock. The property is also near various amenities such as the University of Texas campus, Hancock Recreation Center, Eastwoods Neighborhood Park and Splash pad. EXISTING ZONING AND LAND USES: Site North ZONING SF-3-CO-NP SF-3-CO-NP, SF-3-H-NCCD-NP P-NP SF-3-CO-NP, SF-3-H-CO-NP MF-3-NCCD-NP SF-3-CO-NP P-NP SF-3-H-NCCD-NP MF-2-NCCD-NP, MF-3-NCCD-NP LAND USES Duplex Residential Single Family Residential & Duplex Residential Hancock Recreation Center Single Family Residential & Duplex Residential Townhouse Residential Single Family Residential & Duplex Residential Elementary School Single Family Residential & Duplex Residential Multi-Family Residential South East West 2 of 1504 C14-2024-0035 - Duval Street Residences; District 9C14-2024-0035 3 SCENIC ROADWAY: No NEIGHBORHOOD PLANNING AREA: Central Austin Combined (Hancock) WATERSHED: Waller Creek (Urban) CAPITOL VIEW CORRIDOR: No SCHOOLS: Austin Independent School District Russell Lee Elementary School COMMUNITY REGISTRY LIST: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council CANPAC (Central Austin Neigh Plan Area Committee) Central Austin Community Development Corporation Kealing Middle School Friends of Austin Neighborhoods, Hancock Neighborhood Assn. Homeless Neighborhood Association Neighborhood Empowerment Foundation Preservation Austin SELTexas Sierra Club Austin Regional Group McCallum High School AREA CASE HISTORIES: NUMBER C14-04-0023 REQUEST Central Austin Neighborhood Plan (Hancock) COMMISSION Approved Central Austin Neighborhood Plan (4/27/2004) C14H-03-0011 – Walker Stiles House SF-3 to SF-3-H To Grant SF-3-H (09/10/2003) C14-04-0022.01 - North University NCCD Amendment C14H-2010-0016 – Callan-Boswell House C14-04-0022 Allow two family residential as a use and reduce minimum lot size to 5,750 sq. ft. SF-3-NCCD-NP to SF-3-H-NCCD-NP To Grant NCCD Amendment (07/12/2011) To Deny SF-3-H-NCCD- NP (09/14/2010) North University Neighborhood NCCD Approved NCCD CITY COUNCIL Approved Central Austin Neighborhood Plan as Commission Recommended (08/26/2004) Approved SF-3-H as planning Commission Recommended (10/30/2003) Approved NCCD Amendment as Planning Commission Recommended (08/4/2011) To Deny SF-3-H-NCCD-NP as Planning Commission Denied (09/30/2010) Approved NCCD as Commission Recommended (08/26/2004) RELATED CASES: There are no related cases. 3 of 1504 C14-2024-0035 - Duval Street Residences; District 9C14-2024-0035 4 ADDITIONAL STAFF COMMENTS: Comprehensive Planning: There are no comments at this time. Drainage: The developer is required to submit a pre- and post-development drainage analysis at the subdivision and site plan stage of the development process. The City’s Land Development Code and Drainage Criteria Manual require that the Applicant demonstrate through engineering analysis that the proposed development will have no identifiable adverse impact on surrounding properties. 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. 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 sf. 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. % of Gross Site Area % of Gross Site Area with Transfers 50% 60% Development Classification Single-Family (minimum lot size 5750 sq. ft.) Other Single-Family or Duplex Multifamily Commercial 55% 60% 80% 60% 70% 90% 4 of 1504 C14-2024-0035 - Duval Street Residences; District 9C14-2024-0035 5 Fire: There are no comments at this time. PARD – Planning & Design Review: Parkland dedication will be required for any new residential units proposed by a future redevelopment resulting from this rezoning, multifamily with MF-1 zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of whether fees in-lieu of land will be allowed. Site Plan: 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 site is subject to compatibility standards. Along all property lines, the following standards apply: No structure may be built within 25 feet of the property line. No structure in excess of two stories or 30 feet in height may be constructed within 50 No structure in excess of three stories or 40 feet in height may be constructed within feet of the property line. 100 feet of the property line. No parking or driveways are allowed within 25 feet of the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection. Additional design regulations will be enforced at the time a site plan is submitted. Austin Transportation Department – Engineering Review: 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. The traffic impact analysis for this site is not required, the traffic generated by the proposal does not exceed the thresholds established in the City of Austin Land Development Code. [LDC 25-6-113]. 5 of 1504 C14-2024-0035 - Duval Street Residences; District 9C14-2024-0035 6 A Neighborhood Traffic Analysis may be required at the time of site plan, if triggered, when land uses and intensities will be known. if triggered per LDC 25-6-114. The Austin Strategic Mobility Plan (ASMP) calls for 72 feet of right-of-way for DUVAL ST. It is recommended that 36 feet of right-of-way from the existing centerline should be dedicated for DUVAL ST according to the Transportation Plan with the first subdivision or site plan application. [LDC 25-6-51 and 25-6-55]. HARRIS AVE has sufficient right of way to comply with the Austin Strategic Mobility Plan (ASMP). [LDC 25-6-51 and 25-6-55]. Existing Street Characteristics: Name ASMP Classification ASMP Required ROW Existing ROW Existing Pavement Sidewalks Bicycle Route DUVAL ST 72 feet 45 feet 37 feet Capital Metro (within ¼ mile) Yes HARRIS AVE Local 58 feet 58 feet 28 feet Local Mobility - Level 2 Mobility - Level 1 Existing 4 ft sidewalks Bike Lane - Buffered Existing 4 ft sidewalks Shared lane (on-street) Yes TIA: Not required at this time. Austin Water Utility: No comments on zoning change. FYI: The landowner intends to serve the site with existing City of Austin water utilities. Based on current public infrastructure configurations, it appears that service extension requests (SER) will be required to provide service to this lot. For more information pertaining to the Service Extension Request process and submittal requirements contact the Austin Water SER team at ser@austintexas.gov. INDEX OF EXHIBITS AND ATTACHMENTS TO FOLLOW: A. Zoning Map B. Aerial Map C. Applicant’s Summary Letter Correspondence from Interested Parties 6 of 1504 C14-2024-0035 - Duval Street Residences; District 9( C14H-97-0007 C14H-2016-0053 ( ( SF-3-HD-NCCD-NP C14H-05-0030 ( C14H-2016-0122 ( ( ( S. T P ( A APTS. T S S M L E H ( MF-4-NCCD-NP C14H-04-0019 ( ( ( SF-3-HD-NCCD-NP C14H-04-0023 H83-10 ( 73-16 ( ( SF-3-NCCD-NP ( 72-03 ( ( APTS. ( MF-4-NCCD-NP ( NO-NCCD-NP ( A P T S. ( C L E A N E R S O F F I C E P L U M B I N G ( A PT S. ( ( ( NO-H-NCCD-NP ( MF-3-NCCD-NP ( T. 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PENDING CASE ZONING BOUNDARY ZONING ZONING CASE#: C14-2024-0035 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. MF-5 ± 1 " = 400 ' This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 3/19/2024 ( ( SF-2-CO-NP C14H-2017-0038 ( ( ( ( ( Y A W N E E R G P79-22 ( ( SF-2-CO-NP E 35T H S T ( ( ( C14H-03-0002 C14H-03-0002 RIS AV E SF-2-CO-NP ( ( ( ( SF-2-CO-NP ( ( ( APTS. MF-2-NP D N R O T P M A H ( ( 2 ( 8 8-1 7 ( ( SF-3-CO-NP ( ( P81-43 ( ( ( SF-3-CO-NP ( ( ( ( ( ( ( ( ( ( H A R ROBERT E. LEE SCHOOL P-NP DAY CARE Exhibit A7 of 1504 C14-2024-0035 - Duval Street Residences; District 9!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!=!=!=!=!=!=!>J24J25K24K25C14-2024-0035C14-04-0022.01C14-04-0023C14-04-0022C14-01-0046C14-01-0046.01C14H-2010-0019C14-04-0064C14H-2016-0053C14-2007-0262C14H-05-0033C14H-2010-0005C14H-01-0014C14H-03-0024C14-2011-0101C14H-04-0007C14H-05-0028NPA-2011-0019.02C14H-2010-0004C14H-04-0002C14H-03-0006C14-H-07-0021C14H-97-0007C14-02-0175C14H-03-0019C14H-06-0034C14H-2016-0122C14-2011-0016C14H-2010-0021C14H-03-0011C14H-03-0020C14H-04-0024C14-2007-0262NPA-2010-0019.01NPA-2010-0019.02C14H-03-0021C14H-04-0004C14H-2014-0013C14-02-0150C14-2010-0079C14H-2017-0038C14H-05-0030C14-06-0075C14-2007-0263C14H-04-0019C14H-04-0023DUVAL STE 38TH STE 32ND STGROOMS STLIBERTY STHELMS STHARRIS AVEE 34TH STE 35TH STE 33RD STE 31ST STSPEEDWAYPECK AVEHARRIS PARK AVEE 30TH STHAMPTON RDCEDAR STTEXAS AVECAROLYN AVEMONTROSE STGREENWAYHOME LNAVENUE HBENELVA DRW 35TH STSPARKS AVEBELLEVUE PLWALLING DRLANDON LNSAN JACINTO BLVDWOODROW STW 34TH STRED RIVER STE 39TH STRATHERVUE PLAVENUE GGRIFFITH STTOM GREEN STW 33RD STE 38TH HALF STMOORE BLVDAVENUE FBEANNA STFAIRFAX WALKE 37TH STE 32ND HALF STFORT FRONT STSPEEDWAYE 32ND STE 39TH STE 35TH STE 31ST STTOM GREEN STP-NPMF-5P-NPP-NPSF-3-CO-NPSF-2-CO-NPSF-3-CO-NPGO-MU-CO-NPSF-3-CO-NPLOGOSF-3-CO-NPMF-3-NCCD-NPSF-3-CO-NPCS-NCCD-NPSF-3-CO-NPSF-3-HD-NCCD-NPSF-2-CO-NPMF-4-NCCD-NPMF-4-NPSF-3-HD-NCCD-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-NCCD-NPSF-3-NCCD-NPSF-3-CO-NPSF-3-NCCD-NPMF-3-NCCD-NPMF-4-CO-NPSF-3-H-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-NCCD-NPSF-3-HSF-3-CO-NPMF-2-NPSF-3-H-CO-NPSF-3-NCCD-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-NCCD-NPSF-3-NCCD-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-NCCD-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPSF-3-CO-NPPUD-NCCD-NPLO-MU-NPSF-3-CO-NPSF-3-CO-NPSF-3-HD-NCCD-NPMF-4-NCCD-NPMF-4-NCCD-NPSF-3-NCCD-NPMF-4-NCCD-NPSF-3-NCCD-NPCS-NCCD-NPSF-3-NCCD-NPMF-4-NCCD-NPSF-2-CO-NPMF-3-NPMF-4-NCCD-NPSF-3-NCCD-NPMF-4-NCCD-NPMF-4-NCCD-NPSF-3-NCCD-NPSF-3-NCCD-NPMF-4-NCCD-NPSF-3-CO-NPCS-MU-V-CO-NPSF-3-H-NCCD-NPGR-MU-CO-NPSF-3-NCCD-NPMF-4-NCCD-NPSF-3-NCCD-NPMF-3-NCCD-NPSF-3-CO-NPSF-3-NCCD-NPSF-3-NCCD-NPGO-MU-CO-NPSF-3-H-CO-NPSF-3-HD-NCCD-NPSF-2-CO-NPMF-4-NCCD-NPMF-3-NCCD-NPMF-4-NPSF-2-CO-NPSF-3-HD-NCCD-NPMF-1-NCCD-NPSF-3-NCCD-NPMF-4-NCCD-NPSF-3-NCCD-NPMF-3-NPMF-4-NCCD-NPMF-1-NCCD-NPMF-3-NCCD-NPSF-3-CO-NPSF-3-CO-NPSF-3-NCCD-NPSF-3-NCCD-NPSF-3-H-NCCD-NPSF-3-NCCD-NPSF-3-H-CO-NPP-H-NCCD-NPSF-3-H-NCCD-NPSF-3-NCCD-NPMF-3-NCCD-NPMF-4-NCCD-NPMF-3-NCCD-NPMF-2-NCCD-NPMF-2-NCCD-NPMF-1-NCCD-NPSF-3-CO-NPSF-3-HD-NCCD-NPSF-3-NCCD-NPMF-3-H-NCCD-NPSF-3-H-CO-NPSF-3-H-CO-NPMF-3-NCCD-NPSF-3-HD-NCCD-NPNO-NCCD-NPGO-MU-CO-NPSF-3-NCCD-NPSF-3-H-CO-NPSF-3-NCCD-NPSF-3-H-NCCD-NPMF-3-NCCD-NPMF-2-NCCD-NPSF-3-NCCD-NPLO-NCCD-NPSF-3-NCCD-NPLR-NCCD-NPSF-3-NCCD-NPMF-2-NCCD-NPSF-3-CO-NPMF-2-NCCD-NPMF-4-NCCD-NPSF-3-H-CO-NPMF-3-NCCD-NPSF-3-CO-NPSF-3-H-NCCD-NPMF-4-HD-NCCD-NPMF-3-H-NCCD-NPSF-3-CO-NPSF-3-CO-NPSF-3-NCCD-NPMF-4-NCCD-NPSF-3-H-NPSF-3-CO-NPMF-3-NCCD-NPSF-3-NCCD-NPMF-3-NCCD-NPPUD-NPSF-3-NCCD-NPSF-3-CO-NPLO-MU-CO-NPMF-4-NCCD-NPGO-H-NCCD-NPMF-1-NCCD-NPNO-H-NCCD-NPSF-3-NCCD-NPMF-3-NCCD-NPSF-3-NCCD-NPLR-NCCD-NPCS-NCCD-NPLO-MU-CO-NPMF-2-NCCD-NPMF-1-NCCD-NPSF-3-NCCD-NPMF-2-NCCD-NPSF-3-NCCD-NPMF-4-NCCD-NPSF-3-NCCD-NPMF-1-NCCD-NPLO-MU-CO-NPCS-1-NCCD-NPCS-1-NCCD-NPSF-3-H-HD-NCCD-NPSF-3-H-NCCD-NPCS-1-NCCD-NPSF-3-H-NCCD-NPSF-3-HD-NCCD-NPMF-1-H-NCCD-NPCS-NCCD-NPSF-3-NCCD-NPLR-MU-CO-NPSF-3-NCCD-NPSF-3-CO-NPSF-3-NCCD-NPMF-5-NCCD-NPSF-3-CO-NPDuval Street Residences±This product has been produced by the Planning Department for the sole purpose of geographic reference. No warrantyis made by the City of Austin regarding specific accuracy or completeness.CASE#:LOCATION:SUBJECT AREA:GRID:MANAGER:C14-2024-00353305 Duval St - 501 Harris Ave0.311 AcresJ24Cynthia HadriCreated: 4/17/2024SUBJECT TRACTZONING BOUNDARY!!!!!!PENDING CASECREEK BUFFER0200400600800100FeetExhibit B8 of 1504 C14-2024-0035 - Duval Street Residences; District 9 SF-3-CO-NP SF-3-CO-NP to MF-1-NP for the property known as 3305 Duval 3305 Duval St LLC Joshua McGuire 1108 Lavaca St, Ste 110-335 Austin TX 78701 March 29, 2024 Planning Department City of Austin 6310 Wilhelmina Delco Dr Austin TX As the Manager and representative for property ownership I am writing to express my intention of requesting a zoning change from SF-3-CP-NP to MF-1-NP for the property known as 3305 Duval St. The property has also been known as 3303 A & B Duval St, 501 & 505 Harris Ave. The front structure was constructed in 1936 as a three-story duplex with enclosed parking on the first level and living areas on the second and third levels. The structure is maintained as a duplex. The rear structure was constructed in 1947 as a one-car garage with attached storage area, with a dwelling on the second floor. Over the years this structure has been remodeled several times in order to covert the garage to a second dwelling, and later the storage area was converted to a studio apartment. The property has been maintained as a five dwelling unit property since the late 1980s or early 1990s according to addressing records reviewed in the Austin History Center. When I purchased the property in January of 2022 the units were in need of repairs. We attempted to acquire building permits for the structural repairs and discovered changes to both structures had been completed without the proper permit reviews or inspections. The rear structure was also identified as illegal non-compliant as it encroaches into the side and rear yard setbacks. These setbacks were established after the structure was initially constructed, with permits, in 1947 but the illegal construction created hurdles for new permits to be issued to maintain the existing configuration of the structures. The property’s current zoning of SF-3 allows for three dwelling units, or if subdivided into two lots, which can be done due to the more than 13,000 square foot size of the property, six dwelling units. However, if subdivision is pursued the existing structures would need to be demolished as the new lot lines would bisect the existing front structure. My goal for the property is to maintain the existing structures, remodel and or add on with the remaining allowable building coverage, which leads to the request for MF-1 zoning. MF-1 zoning will allow for a maximum of five units on the lot, fewer than a subdivision would allow, but would allow for the existing structures and housing density to be maintained. Demolition permits for the structures have been granted but we’ve not acted upon them pending the outcome of the rezoning request. My hope is for the front unit to be maintained as a duplex with upgrades to the interior and exterior. There is no plan to drastically change the facade of the front duplex. The plan for the rear unit is to upgrade the interior and exterior and convert it to a single family or two-family unit while constructing one or two new units adjacent to it, in keeping with the scale and style of the existing structures on the lot. My primary goal is to keep the existing structures, add one or two additional structures, and to maintain the housing density this lot and the surrounding neighborhood has enjoyed for close to 30 years. MF-1 zoning would not alter the character of the neighborhood but instead match the existing use of the property. Exhibit C9 of 1504 C14-2024-0035 - Duval Street Residences; District 9 Thank you for your consideration. Respectfully, Joshua Lake McGuire 10 of 1504 C14-2024-0035 - Duval Street Residences; District 911 of 1504 C14-2024-0035 - Duval Street Residences; District 9CANPAC Central Austin Neighborhood Planning Advisory Committee April 29, 2024 To: Members of the Austin Planning Commission From: CANPAC – Central Austin Neighborhoods Planning Advisory Committee Re: 3305 Duval- Neighborhood Plan Amendment- NPA-2023-0019.01 CANPAC, the Neighborhood Plan Contact Team, has voted to oppose the Neighborhood Plan Amendment to revise the Future Land Use Map for the property with the following addresses: 3305, 3303 Duval, and 501, 505 Harris Ave. The applicant is requesting the following: 1. Zoning change from SF3-CO-NP to MF1-CO-NP 2. Revise the FLUM from Single Family to Multifamily. The project has the following problems 1. The problematic situation of 5 existing units, not permitted, and built on a single family zoned lot is not a condition that the neighborhood should be burdened to fix through a spot zoning. 2. The zoning change and FLUM change is for a single lot with no adjacent multifamily zoning. This would be a spot zoning, which is not best practice in planning, and is illegal in some situations. 3. The current owner has other recourse, such as seeking a variance through the Board of Adjustment, or subdividing the lot. A FLUM change is not necessary. 4. The applicant states MF-1 offers more restrictions on density than SF-3, due to being able to add density to SF-3 with Affordability Unlocked, Though the applicant fails to acknowledge the fact that MF-1 density may be expanded with Affordability Unlocked. We request you oppose the applicant’s request. Sincerely, CANPAC / Central Austin Combined Neighborhood Plan Team Bart Whatley, Co-Chair ( bart.whatley@gmail.com - 512-470-4318 ) Adam Stephens, Co-Chair ( adam.stephens@capstarlending.com - 512-459-2407 ) CANPAC MEMBERS Hancock/Eastwoods Neighborhood Association, Heritage Neighborhood Association, North University Neighborhood Association, Shoal Crest Neighborhood Association, Original West University Neighborhood Association, and University Area Partners 12 of 1504 C14-2024-0035 - Duval Street Residences; District 913 of 1504 C14-2024-0035 - Duval Street Residences; District 914 of 1504 C14-2024-0035 - Duval Street Residences; District 915 of 1504 C14-2024-0035 - Duval Street Residences; District 9