01 Draft Ordinance — original pdf

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. _________________ AN ORDINANCE AMENDING CITY CODE SECTION 25-2-773 RELATED TO FLOOR-TO-AREA RATIO AND MAXIMUM SQUARE FOOTAGE WHEN CONSTRUCTING TWO NEW DWELLING UNITS AND PRESERVING AN EXISTING DWELLING UNIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (E) of City Code Section 25-2-773 (Duplex, Two-Unit, and Three-Unit Residential Uses) is amended to read: § 25-2-773 DUPLEX, TWO-UNIT, AND THREE-UNIT RESIDENTIAL USES. (E) This subsection applies to the area established in Subsection 1.2.1 of Chapter 25- 2, Subchapter F (Residential Design and Compatibility Standards). (1) In this subsection, (a) EXISTING DWELLING UNIT means a dwelling unit that is: (i) (ii) legally permitted and occupied before December 7, 2023; or described in an application for a residential permit that was submitted on or before December 7, 2023. (b) GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls, except as provided in this subsection. (2) Gross Floor Area Exclusions. (a) (b) For a property that includes an existing dwelling unit that was constructed on or before December 31, 1960, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met. For a property that includes an existing dwelling unit that was constructed on or after January 1, 1961, and is at least 20 years old, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met. Draft 3/20/2025 Page 1 of 2 COA Law Department City of Austin Council Meeting Backup: April 1, 2025File ID: 25-053331 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 (a) (b) (a) (b) (3) Floor-to-area ratio for a duplex or two-unit residential use. The maximum floor-to-area ratio for the site is the greater of 0.55 or 3,200 square feet. Except for an existing dwelling unit, a dwelling unit may not exceed the greater of 0.4 or 2,300 square feet. (4) Floor-to-area ratio for three-unit residential use. The maximum floor-to-area ratio for the site is the greater of 0.65 or 4,350 square feet. Except for an existing dwelling unit, a dwelling unit may not exceed the greater of 0.4 or 2,300 square feet. (c) Except for two existing dwelling units, (i) (ii) two dwelling units may not exceed the greater of 0.55 or 3,200 square feet if an existing unit on the site is not preserved; or two dwelling units may not exceed the greater of 0.65 or 4,350 square feet if an existing unit on the site is preserved under Subsection (F). PART 2. This ordinance takes effect on _________________________, 2025. PASSED AND APPROVED § § § _____________________________________ , 2025 Kirk Watson Mayor APPROVED: ______________________ ATTEST: _____________________________ Deborah Thomas Interim City Attorney Myrna Rios City Clerk Draft 3/20/2025 Page 2 of 2 COA Law Department City of Austin Council Meeting Backup: April 1, 2025File ID: 25-0533