No structure or land shall be used, and no structure shall be constructed, erected, placed, enlarged, altered or continued, except as authorized by this chapter.
(Ordinance 362 adopted 3/28/18)
(a)
Purpose.
The R-1 district is intended to establish and preserve peaceful, attractive and safe low-density residential neighborhoods of single-family detached dwelling units and to protect the integrity of such areas by prohibiting the intermixture of residential and incompatible nonresidential uses.
(b)
Permitted uses.
Permitted uses are as follows:
(Ordinance 2021-013, att. B, adopted 12/8/21)
(a)
Purpose.
The R-2 district is intended to recognize and is limited to preexisting properties and annexed areas where such one-family residential and two-family residential units previously existed. Vacant land is not eligible for this zoning district designation.
(b)
Permitted uses.
Permitted uses are as follows:
(1)
Two-family dwellings, limited to no more than one such building per lot and occupied by no more than a total of two families.
(2)
Condominium regimes. The city council shall review the condominium regime.
(3)
Accessory structures and uses customarily incidental to the uses permitted under this subsection.
(4)
Short-term rentals with an STR permit issued by the city administrator.
(c)
Parking requirements.
Parking requirements are as follows:
(1)
At least two parking spaces are required for each family dwelling unit.
(2)
All unenclosed parking spaces shall be at the rear of the structure.
(3)
Garage doors shall face either the side or rear yard property lines.
(4)
Garages shall not be located beyond the street facing elevation.
(5)
Parking shall not be permitted under any portion of the dwelling unit.
(d)
Special uses. The following special uses are permitted upon authorization of the city council or city administrator: special uses permitted in the R-1 district upon authorization of the city council[.]
Note: All duplexes shall go through the same approval process as commercial projects (i.e., BDC, ZAPCO and city council). |
(Ordinance 2021-013, att. B, adopted 12/8/21)
(a)
Purpose.
The R-3 district is intended to provide a transitional zone between nonresidential districts and R-1 one-family residential districts where structures may be clustered to better utilize property topography and to better provide buffering greenbelts between traffic thoroughfares and to the adjacent R-1 one-family residential districts.
(b) Clustered single-family dwelling. Detached single-family dwelling.
Definitions.
One (1) family home unit attached to one (1) or more family home units (e.g., duplex or fourplex).
One (1) home unit for one family, not attached to any other home unit.
(c)
Permitted uses.
Permitted uses are as follows:
(1)
Clustered or detached single-family (one) dwellings, provided:
(A)
Structures are limited to no more than an average of two single-family dwelling units per acre; and
(B)
The tract is adjacent to any nonresidential zoning district: and
(C)
Not less than 15% of the total perimeter measure of the proposed R-3 tract shall share a common boundary line with the nonresidential district; and
(D)
Centralized municipal wastewater facilities and capacity are available to serve the proposed development.
(2)
Apartment dwelling units, limited to a minimum of ten and a maximum of 30 dwelling units to a single structure with disposal of effluent into the City of Austin public central sewage system. This apartment permitted use is intended to recognize, and is limited to, preexisting properties and annexed areas where such use previously existed. Vacant land is not eligible for this permitted use.
(3)
Accessory structures and uses customarily incidental to the uses permitted under this subsection.
(4)
Short-term rentals with an STR permit issued by the city administrator.
(Ordinance 2021-013, att. B, adopted 12/8/21)
(a)
Purpose.
The O district is intended to provide sites for quiet low-density commercial office uses.
(b)
Permitted uses.
The following uses are permitted, provided that there is no nuisance factor:
(1)
Office of an accountant, architect, attorney, engineer, physician, broker, consultant, insurance agent, real estate agent, massage therapy clinic, or similar professional or semiprofessional occupation.
(2)
The business office of a publishing or printing firm not involving the production or distribution of printing materials. For purposes of this subsection, production or distribution of printing materials means the printing, manufacture, assembly, cutting, folding, binding, packaging or sorting of finished copies or portions thereof, for purposes of distribution or mailing. Printing includes plate production and offset printing, as well as other high-speed photocopying techniques. The discharge of chemicals associated with a photographic process, plate production or offset printing, as well as any other type of photocopying techniques, into a private sewage facility will be in accordance with chapter 18, article 18.03.
(3)
Business offices where no sales of merchandise stored on the premises and money exchange occurs.
(4)
Accessory structures and uses customarily incidental to any of the uses permitted under this subsection provided they are specifically requested by the applicant and approved by city council.
(c)
Special uses.
Special uses permitted upon approval of the board of adjustment are:
(1)
Assembly and testing of electronic components.
(2)
Child day care facility provided the use is in a separate structure on the lot and will not adversely affect other tenants.
(3)
Employee dining facility (private dining facility for employees only) without drive-in service, and excluding establishments serving food for consumption off-premises, commonly referred to as fast food establishments. No intoxicating liquors may be sold for on-premises consumption unless authorized by a special use permit.
(4)
Bank or savings and loan association permitted prior to May 1, 2005.
(5)
Churches, excluding areas devoted to the residential housing of persons employed or associated with the church and areas devoted to a day care center for the care of children not during hours of regular worship unless otherwise authorized by this chapter.
(6)
Massage therapy school.
(7)
Charter school or private school provided the use is in a separate structure on the lot and will not adversely affect other tenants.
(8)
Wireless telecommunication facilities.
(Ordinance 362 adopted 3/28/18)
(a)
Purpose.
The B-1 district is intended to provide sites for quiet, low-density retail businesses providing goods and services (with merchandise contained within the building or enclosure approved for such use, except for florist or garden shops and nurseries or greenhouses, where live vegetation may be kept outdoors) to meet the needs of the residents of the city in a manner and on a scale that is in harmony with the semi-rural character of the community.
(b)
Permitted uses.
The following uses are permitted, provided that there is no nuisance factor:
(1)
Those uses permitted in O districts.
(2)
Antique shop.
(3)
Arts and crafts supply store.
(4)
Bakery.
(5)
Barbershop or beauty shop.
(6)
Book or stationery store.
(7)
Carpeting, floor covering and rug store.
(8)
China or glassware shop.
(9)
Clothing or shoe store.
(10)
Confectionary store.
(11)
Delicatessen or catering service.
(12)
Fine arts and crafts gallery.
(13)
Florist or garden shop.
(14)
Gift shop.
(15)
Ice cream parlor.
(16)
Jewelry shop.
(17)
Laundry and dry cleaning substation, with no actual cleaning work being performed on the premises except by special use permit in the B-3 district only.
(18)
Nursery or greenhouse.
(19)
Optical goods store.
(20)
Pool supply and service.
(21)
Seamstress, dressmaker or tailor shop.
(22)
Studio for art, dance, drama, music, martial arts, photography or interior decorating.
(23)
Tobacco shop.
(24)
Toy store (5,000 square feet maximum floor area).
(25)
Accessory structures and uses customarily incidental to any of the uses permitted under this subsection provided they are specifically requested by the applicant and approved by city council.
(c)
Special uses.
Special uses permitted upon approval of the board of adjustment are:
(1)
Other quiet, low-density retail business uses to serve the needs of residents of the city, which may be permitted as special uses in accordance with the procedure for granting such uses upon findings made in writing that the proposed use is of the same general character as those listed in subsection (b) of this section, is not attended by nuisance factors, and will not be detrimental to the other uses within the district or to the adjoining land uses.
(2)
Child day care facility.
(3)
Hospital.
(4)
Rehabilitation/wellness center.
(5)
Special uses permitted in O professional and business office districts.
(Ordinance 362 adopted 3/28/18)
(a)
Purpose.
The purpose of the B-2 district is the same as for the B-1 district. District B-2 allows a more intense use, however, than is permitted in district B-1. The B-2 district should be reserved for areas where the anticipated impact of the permitted commercial uses is unlikely to have an adverse effect on residential uses or other elements of the community. All merchandise shall be contained under or within buildings or enclosures approved for such use.
(b)
Permitted uses.
The following uses are permitted, provided there is no nuisance factor:
(1)
Those uses permitted in O and B-1 districts.
(2)
Auto parts store.
(3)
Furniture store.
(4)
Grocery store.
(5)
Health food store.
(6)
Specialty food store.
(7)
Hardware store.
(8)
Pet shop and pet grooming shop.
(9)
Pharmacy.
(10)
Photocopying, typing or printing service.
(11)
Restaurant without drive-in service. No intoxicating liquor may be sold for on- or off-premises consumption unless authorized by a special use permit. Drive-in/drive-through service authorized by a special use permit only.
(12)
Sporting goods store, excluding the sale or servicing of boats, boat motors and motor vehicles.
(13)
Variety store.
(14)
Veterinary clinic.
(15)
Health or athletic club.
(16)
Accessory structures and uses customarily incidental to any of the uses permitted under this subsection provided they are specifically requested by the applicant and approved by city council.
(c)
Special uses.
Special uses permitted upon approval of the board of adjustment are:
(1)
Other quiet, low-density retail business uses providing goods and services to meet the needs of the residents of the city, which may be permitted as special uses in accordance with the procedure for granting such uses upon findings made in writing that the proposed use is of the same general character as those listed in subsection (b) of this section, is not attended by nuisance factors, and will not be detrimental to the other uses within the district or the adjoining land uses.
(2)
Commercial kennel.
(3)
Alcoholic beverages sold in a restaurant for on- or off-premises consumption.
(4)
Alcoholic beverages sold in grocery stores for off-premises consumption.
(5)
Research, development or clinical laboratory.
(6)
Liquor store.
(7)
Publishing business.
(8)
Restaurants with drive-in/drive-through facilities.
(9)
Special uses permitted in O professional office and B-1 business 1 districts.
(Ordinance 362 adopted 3/28/18)
(a)
Purpose.
The B-3 district is intended to provide a more intense mixed use retail facility with frontage on a state-maintained highway. This zoning classification is limited to those tracts of land for which, prior to June 24, 1992, were issued by the city a building permit and a certificate of occupancy for buildings located on the subject property. This zoning district classification is no longer an extant zoning district classification except for those tracts of land which have been designated as B-3 business zoning districts in accordance with this section. The regulations set forth in this section shall apply to only those tracts of land which have heretofore been designated as a B-3 business zoning classification and have been developed or are being developed pursuant to such zoning classification.
(b)
Permitted uses.
The following uses are permitted, provided that there is no nuisance factor:
(1)
Those uses permitted in O, B-1 and B-2 districts, except that only one stand-alone bank or savings and loan facility shall be permitted in any B-3 district, unless another bank or savings and loan facility applied for a permit prior to May 1, 2005, and subsequently received approval for such permit.
(2)
Alcoholic beverages sold in grocery stores for off-premises consumption.
(3)
Appliance store.
(4)
Bicycle shop.
(5)
Electronic equipment store.
(6)
Camera store.
(7)
Clothing store.
(8)
Department store.
(9)
Fabric store.
(10)
Financial services.
(11)
Hobby shop.
(12)
Import store.
(13)
Liquor store.
(14)
Movie theaters.
(15)
Record shop.
(16)
Research, development or clinical laboratory.
(17)
Restaurant.
(18)
Shoe store or shoe repair.
(19)
Accessory structures and uses customarily incidental to any of the uses permitted under this subsection provided they are specifically requested by the applicant and approved by city council.
(c)
Special uses.
Special uses permitted upon approval of the board of adjustment are:
(1)
Alcoholic beverages sold in a restaurant for on- or off-premises consumption.
(2)
Cocktail lounge.
(3)
Other retail business uses providing goods and services to meet the needs of the region, which may be permitted as special uses in accordance with the procedure for granting such uses upon findings made in writing that the proposed use is of the same general character as those listed in subsection (b) of this section, is not attended by nuisance factors, and will not be detrimental to the other uses within the district or the adjoining uses.
(4)
Special uses permitted in O, B-1 and B-2 districts, except that a bank or savings and loan facility shall not be allowed in any B-3 district by way of a special use permit.
(5)
Laundry and dry cleaning plant operation.
(Ordinance 362 adopted 3/28/18)
(a)
Purpose.
The GUI district is intended to provide appropriate areas for uses that provide important community services often requiring large amounts of land. Uses permitted in the GUI district generate a large amount of traffic. Only land abutting a collector or arterial street that can be used for access shall be considered appropriate for GUI classification. An appropriate site should also contain adequate space for required off-street parking and buffering.
(b)
Permitted uses.
The following uses are permitted, provided that there is no nuisance factor:
(1)
Church.
(2)
Facility owned and operated by the federal government, the state or a political subdivisions thereof.
(3)
Fire station.
(4)
School, either public, private or nonprofit.
(5)
Uses required by public utilities.
(6)
Philanthropic or fraternal associations.
(7)
Accessory uses customarily incidental to any of the uses permitted under this subsection.
(8)
The renting for profit or nonprofit of heated and air conditioned space, used for conventions, art and craft shows, antique/collectible shows, weddings, private parties, seminars and other similar events. Maximum rental time limit for any one event shall be three days. No simultaneous scheduling of events shall be allowed.
(Ordinance 362 adopted 3/28/18)
(a)
Purpose.
(1)
The MU-1 district is intended to establish and preserve a peaceful, attractive, medium-density residential single-family dwelling to better utilize property topography, together with a mixture of compatible and complementary nonresidential uses. This district is intended to provide for well-designed and site-sensitive mixed facilities established on larger tracts of land of not less than 30 acres in size. Due to a more diverse and intense use, this district shall be limited to tracts near the outer city limits and with a minimum of 1,500 feet of frontage on a state-maintained highway.
(2)
Sewage disposal for tracts designated MU-1 shall be processed through an off-site public sewage disposal system. Residential zoned lots, MUR-4 only, may utilize on-site private sewage disposal (septic) systems as approved by the city.
(3)
The residential and nonresidential uses shall be separated. The integrity of these areas shall be preserved, utilizing topography and architectural features to achieve this effect. The residential and nonresidential areas shall have a separate ingress and egress to major thoroughfares bordering the zoned tract of land. There shall be no vehicular traffic allowed between the residential and nonresidential areas of the zoned tract. There shall be maintained a continuous 50-foot buffer zone that separates the residential and nonresidential districts that has a total of at least 4.5 acres of land, which is fully and thickly landscaped with plants and trees indigenous to the area.
(5)
The categories described in subsection (4) of this subsection shall apply only to those tracts of land that have an overall zoning district designation of MU-1.
(6)
The mix of land uses will be restricted as follows: 20 percent maximum office/business/governmental (MUB-4), 59 percent minimum one-family residential (MUR-4), and 21 percent minimum conservation (MUGB).
(7)
The average impervious cover percentage for the total area zoned MU-1, which shall include MUB-4, MUR-4 and MUGB, shall not exceed a maximum of 30 percent.
(b)
Nonresidential areas (MUB-4 district).
(1)
Permitted uses.
Permitted uses for the MUB-4 district are all uses permitted in the O, B-1, B-2, B-3 and GUI zoning districts.
(2)
Special uses.
Special uses for the MUB-4 district are all those special uses permitted in the O, B-1, B-2 and B-3 zoning districts.
(3)
Site development requirements.
Site development requirements for the MUB-4 district are as follows:
(A)
Site area.
The total cumulative land area devoted to nonresidential uses as permitted in the MUB-4 mixed use district combination of uses (O, B-1, B-2, B-3 and GUI) shall not exceed 20 percent of the total land area contained within the MU-1 zoned tract of land. The minimum lot size is six acres.
(B)
Building area.
Building square footage shall not exceed 60,000 gross square feet for each single business/commercial/governmental use.
(C)
Buffer.
A minimum 50-foot-wide densely planted buffer zone shall be provided on the rear and side property lines which abut any residential zoning district, which must total at least 1.80 acres of area, and be approved by the city council.
(D)
Impervious cover.
(i)
A maximum of 55 percent of the total site area (MUB-4) shall be permitted to be impervious cover. A developer may be permitted to increase the maximum impervious cover to 64 percent, as approved by the city council, by selecting from the following weighted incentives:
Incentive Items | Increase in Impervious Cover | |
|---|---|---|
a. | The developer may increase landscaping or setbacks (front and one side or rear) by more than 50 percent of requirements. Landscaping should provide for using predominantly native plants and grasses to minimize the use and impact of pesticides, herbicides and fertilizers. | Up to 3% |
b. | The developer may construct detention basins with sedimentation/filtration basins in addition to required detention basins. | 2% |
c. | The developer may provide primarily ten feet or greater landscaped separations between parking aisles. | 5% |
d. | Based on the evaluation by the zoning and planning commission and the city council, an increase in allowable impervious cover ranging from one percent to five percent may be approved for a project that demonstrates highly innovative architecture, site planning and land use techniques of a caliber not previously utilized in the city’s area or of such a quality as to set an excellent example for subsequent developments. | Up to 5% |
(ii)
The criteria for evaluation shall include but not be limited to the following:
a.
Reduction of building mass by breaking up buildings.
b.
Techniques to enhance the pedestrian scale of the project, including sidewalks and covered walkways.
c.
Measurable efforts to preserve greenbelts at the expense of street visibility.
d.
Construction of berms to block off-street visibility of pavement and parking areas.
e.
Noise abatement efforts to adjoining sites by providing solid walls and dense planting.
f.
Other provisions to lessen the visual impact of the project on surrounding properties.
g.
Revegetation of strategic, previously open setback areas with mature, indigenous landscaping. Other unscheduled project design elements may be considered in this incentive item.
(E)
Setbacks.
Building setbacks shall be 75 feet from state-maintained roadways and from any residential zoning district. All other front, side and rear side setback requirements shall conform to the dimensional regulations of this chapter. All nonresidential uses shall be designed according to the O, B-1, B-2 or GUI site requirements per this chapter.
(F)
Building height.
Building heights are restricted per section 22.03.281(b).
(G)
Access.
All vehicles, including truck and commercial vehicular traffic, shall have ingress and egress from a state-maintained highway not being utilized by the residential MUR-4 district for ingress and egress.
(H)
Loading areas.
Loading and unloading services for all businesses will be only at the rear of buildings and shall be visually and acoustically shielded from the residential areas.
(c)
Residential areas (MUR-4 district).
(1)
Permitted uses.
Permitted uses for the MUR-4 district are all uses permitted for the R-1 zoning district.
(2)
Special uses.
Special uses for the MUR-4 district are special use numbers 1 and 2 as permitted for the R-1 zoning district.
(3)
Site development requirements.
Site development requirements for the MUR-4 district are as follows:
(A)
Minimum area.
A minimum of 59 percent of the total area zoned MU-1 shall be developed under the MUR-4 option.
(B)
Lot area.
Minimum dwelling unit lot size is one acre (43,560 square feet).
(C)
Lot dimensions.
(D)
Setbacks.
Minimum dwelling unit building setbacks shall be 50 feet front and 30 feet rear, and 25 feet on each side, measured according to section 22.03.275.
(E)
Impervious cover.
Impervious cover inside the boundaries of a dwelling unit lot shall not exceed 25 percent on each lot.
(F)
Building height.
Maximum building height shall not exceed 30 feet, measured according to section 22.03.279.
(G)
Building floor area.
The minimum floor area is 3,000 square feet of living area (with heat and air conditioning).
(H)
Construction on individual lots.
Lots under the MUR-4 designation may be built out by the individual property owner or a designated developer approved by the city.
(I)
Exterior cover.
Exterior cover shall be at least 80 percent masonry or brick construction.
(J)
Access.
Ingress and egress shall be from a state-maintained highway not being utilized by the commercial MUB-4 district for ingress and egress.
(K)
Buffer.
A minimum 50-foot-wide densely planted buffer zone shall be provided, which must total at least 1.12 acres of area, between residential and nonresidential areas.
(L)
Additional requirements.
The residential area in the MU-1 zoning district shall be designated as MUR-4 and shall be governed by the applicable requirements pertaining to all residential zoning districts outlined elsewhere in this chapter.
(d)
Mixed use conservation areas (MUGB district).
(1)
Generally.
A mixed use conservation area is defined as land not open to the public, which shall remain closed, undisturbed and in its natural state and in which no building, parking lot, private sewage facility or other structure or improvement shall be constructed or maintained; provided, however, that stormwater detention ponds and vehicular access may be constructed and maintained on such land where necessary for the prevention of flooding and to facilitate drainage and to provide access to the residential development as approved by the city council. The city council may grant approval for the use of conservation areas for supervised civic or educational activities and to restore designated areas to their natural state.
(2)
Site development requirements.
(A)
A minimum of 21 percent of the total areas zoned MU-1 shall be designated as MUGB, with a minimum of one lot being at least 10.5 acres.
(B)
No construction is to occur within the greenbelt area except for sedimentation and filtration ponds and ingress/egress street access as approved by the city. Tree and bush trimming or clearing may be permitted upon approval by the city council.
(C)
Conservation district area shall be utilized in computing the total MU-1 tract maximum impervious coverage percentage for mixed use residential, nonresidential and conservation areas.
(D)
The area comprising the land contained in the MUGB district must be set forth in a restrictive covenant dedicating the tract of land as a greenbelt area, as approved by the city.
(e)
General site development requirements; site plan.
(1)
Development standards.
General site development requirements for the MU-1 district are as follows:
(A)
Street layout, landscaping, parking and lighting.
Internal street layout, landscaping, parking and lighting requirements shall be those as required by this chapter, chapter 36, or other provisions of this Code.
(C)
Stormwater drainage.
Stormwater drainage shall be in compliance with the current drainage and erosion control design manual available from the city.
(D)
Sidewalks.
Sidewalk construction, if required by the city council, shall comply with City of Austin standards.
(E)
Right-of-way requirements.
Minimum public right-of-way requirements are as follows: 40-foot right-of-way, and 27-foot pavement width, plus an 18-inch concrete ribbon curbing on each side of the roadway.
(F)
Sewage disposal.
The developer shall obtain City of Austin written approval to furnish the required living unit equivalents (LUEs) of wastewater service for the applicant’s planned residential and nonresidential development. Residential one-acre lots may have on-site private sewage disposal (septic) systems.
(G)
Water service.
The developer shall obtain Water Control and Improvement District (WCID) No. 10 written approval to furnish the required water service for the planned residential and nonresidential development.
(2)
Site plan information.
Specific site plan submittal information is as follows:
(A)
Per city ordinances.
All information to be provided for city approval shall be in accordance with all city ordinances as they apply to specific zoning district regulations as set forth in this chapter. The checklist is available from the city.
(B)
Additional information.
The following additional information must be shown on submitted site plans. The plans shall:
(C)
Approval of site plan.
Site plan approval by the city is required before any building permit can be issued. The city will approve a site plan which reflects a design which is most sensitive to the natural terrain of the tract, which lessens the environmental impact of the development to the greatest extent possible, and which attempts to mitigate traffic congestion with adequate roadway design and traffic roadway improvements on public streets surrounding the site.
(D)
Expiration of site plan; extensions; modifications.
The site plan connected to any MU-1 district shall be valid for a period of three years from its approval by the city. If necessary, it can be extended by the city for a period of two years if the request is submitted before the site plan expiration date. The city can approve an extension if it finds that the request is in good faith, and that it substantially meets the conditions of current ordinances in effect at the time of the extension request. Any significant modifications to the site plan must be approved by the city council.
(3)
Other requirements.
Applicable requirements pertaining to parking, landscaping, lighting, signs and street networks shall apply in accordance with all city ordinances and with specific corresponding zoning district regulations as set forth in this chapter.
(f)
Application for MU-1 designation.
Application for a MU-1 zoning designation shall be accompanied by a site plan. Such site plan shall set forth the segregated nonresidential, residential and greenbelt areas and specify zoning designations for each area so that the regulations pertaining to the specific zoning districts shall be applied to each area in the tract.
(Ordinance 362 adopted 3/28/18)
(a)
Purpose.
(1)
The conditional overlay district is intended to provide flexible and adaptable use or site development regulations by requiring standards tailored to individual properties. The conditional overlay district is appropriate to insure compatibility among competing or potentially incompatible uses, in order to ease the transition from one base district to another. This zoning designation is intended to address land uses or sites with special requirements, and to guide development in unusual situations or unique circumstances to ensure adequate mitigation of potentially unfavorable impacts. A conditional overlay district addresses special situations that are not appropriate to a specific zoning district.
(2)
The conditional overlay district may be applied in combination with the basic zoning districts of “O” Professional and Business Office District, “B-1” Business 1 District, “B-2” Business 2 District, “B-3” Business 3 District, and “GUI” Governmental, Utility and Institutional District as set forth in section 38.03.001 of the Code.
(b)
Use and site development regulations in the conditional overlay district.
The conditional overlay district designation modifies and restricts the use and site development regulations otherwise applicable to basic zoning districts of “O” Professional and Business Office District, “B-1” Business 1 District, “B-2” Business 2 District, “B-3” Business 3 District, and “GUI” Governmental, Utility and Institutional District as set forth in section 38.03.001 of the Code. All requirements of a conditional overlay district are in addition to and supplement all other applicable requirements of the Code applicable to the basic zoning district. Terms that may be imposed by the conditional overlay district shall include, but not limited to, the following:
(1)
Prohibiting permitted uses, special uses and accessory uses otherwise authorized in the base district, or making a permitted use a conditional use;
(2)
Decreasing the number or average density of dwelling units which may be constructed on the property;
(3)
Increasing minimum lot size or minimum lot width requirements;
(4)
Decreasing maximum floor area per building;
(5)
Decreasing the maximum height permitted;
(6)
Increasing the setback requirements;
(7)
Decreasing the maximum building or impervious coverage permitted;
(8)
Restrictions on access to abutting and nearby roadways, including specific design features intended to ameliorate potentially adverse traffic impacts;
(9)
Alleviate the need for variances on the site; and
(10)
Any other specific site development or subdivision regulations required or authorized by this code.
(c)
Method of adoption.
(1)
An applicant, as described by section 38.05.092 of this Code, for zoning, rezoning, or requesting a conditional overlay to be imposed on a parcel of land shall provide notice of the zoning and planning commission meeting and the city council meeting to consider such an application in accordance with the provisions of sections 38.05.094 and 38.05.095 of the Code, respectively. Such notice shall include a description of the restrictions requested by the applicant and a statement that additional notice will be provided if the council proposes to require fewer restrictions than requested by the applicant or to zone or rezone the property without the requested conditional overlay.
(2)
The zoning and planning commission may recommend a conditional overlay designation for any application to establish zoning designation or a change of zoning without notice as required in section 38.03.041(c)(1).
(3)
The city council may impose a conditional overlay designation to any requested zoning or rezoning of a parcel of land without the notice requirement set forth in section 38.03.041(c)(1) of this Code under the following conditions:
(4)
Restrictions imposed by the conditional overlay (“CO”) designation district shall be included in the ordinance effecting the zoning or rezoning of the property as a conditional overlay zoning district. All property included in a conditional overlay zoning district shall be identified on the zoning map by adding the letters “CO” to the base district symbol. The ordinance effecting the zoning or rezoning of property as a conditional zoning district shall specifically state the modifications imposed pursuant to section 38.03.041(b). The restrictions shall be considered a part of the text of this Code, and a violation of the restrictions shall be a violation of this Code. The restrictions shall continue in full force and effect until repealed or modified by the council by amendment to the Code. The procedure to establish or modify a conditional overlay zoning district for a particular parcel of land shall be the same as the procedures set forth in article 38.05, division 4 of this chapter of the Code.
(Ordinance 362 adopted 3/28/18)
(a)
Applicability.
This section shall apply solely to the following parcels, which shall herein be referred to collectively as the property:
(1)
Parcel 1:
12.481 acres of land, consisting of the following two tracts:
(A)
Tract 1:
1.554 acres: Lot 3, Resubdivision of Lots 1, 2 and 3 of Summit Oaks, a subdivision of Travis County, Texas, according to the map or plat thereof recorded in Volume 79, Page 251 of the Plat Records of Travis County, Texas, more particularly described in exhibit A to Ordinance 388; and
(B)
Tract 2:
10.927 acres out of Lots 25, 26, 27 and 28 Barton Springs Estates, a subdivision in Travis County, Texas, according to the map or plat thereof recorded in Volume 3, Page 192 of the Plat Records of Travis County, Texas, Texas, more particularly described in exhibit A to Ordinance 388; and
(2)
Parcel 2:
0.913 acres: Lot 1, Jay Counts Confirming Plat, a subdivision in Travis County, Texas, according to the map or plat thereof recorded in Volume 80, Page 320 of the Plat Records of Travis County, Texas, more particularly described in exhibit B to Ordinance 388.
(b)
Development approvals.
(1)
Applications for permits for the project (including but not limited to building permits, site plan, plats) shall be submitted in conformance with the Code of Ordinances, and this section (PDD #1). If there is a conflict between this section and any other rule or regulation of the city, and the conflicting rules or regulations cannot be harmonized so that both be given effect, the provisions of this section shall govern.
(2)
Applications for permits for stages of development that require related approvals from other regulatory agencies with jurisdiction must be processed concurrently with the applications to the other regulatory agencies. No development activity that requires approval by another regulatory agency in addition to city approval may be commenced until the approval of that other regulatory agency is obtained, and evidence of the approval provided to the city.
(3)
The city will not issue any permits for the project until the city has been provided with evidence of the approval of the following permits for the project from other regulatory agencies:
(A)
Texas Department of Transportation (TxDOT), or a successor agency, authorization for driveway accessing Bee Cave Road.
(B)
Texas Commission on Environmental Quality (TCEQ), or a successor agency, authorization for construction of an on-site sewage facility (if required in accordance with subsection (d)(17)(C)(i) below.
(c)
Base zoning district.
The property is hereby zoned office district (O), and shall hereafter be governed by the rules applying in that zoning district.
(d)
Development standards for parcel 1.
The development regulations for parcel 1 will be consistent with those applicable to the base districts (see subsection (b) above), except as otherwise provided in these development standards.
(1)
Land use.
The sole approved use of the property is an assisted living facility with memory care. “Assisted living facility” means a senior living community licensed by the state that is designed to serve the needs of adults aged 55 and older who need assistance with the activities of daily life such as bathing, grooming, dressing, and meals. The residents of an assisted living facility live in individual apartments and are provided with three meals per day, housekeeping, transportation, and planned activities, with a trained staff, including a licensed nurse who provides personal care services for residents whose individual health needs include medication management and support for diabetes and incontinence, but do not require the 24-hour medical care of a nursing home. “Memory care” means care for residents of the assisted living facility who have mild to moderate memory loss and/or Alzheimer’s disease.
(2)
Units.
The maximum number of individual living units that may be constructed in the primary structure is 141.
(3)
Mass.
The total building footprint square footage is limited to 45,000 square feet. The total building square footage is limited to 101,900 square feet.
(4)
Building design.
(A)
Exterior design.
The architectural features of the primary structure shall be consistent with the preliminary project elevation, included herein as exhibit E to Ordinance 388.
(B)
Roof pitch.
The roof line of the primary structure on parcel 1 will be varied in height and width in order to prevent the appearance of a single plane monolithic roof line as seen from the properties of the contiguous residential property owners.
(C)
Roof-mounted equipment.
Any rooftop equipment, which would otherwise be visible from the properties of the contiguous residential property owners, will either be located in roof wells concealed in roof valleys or otherwise screened from view by means of screening walls.
(5)
Building height.
The primary structure is limited to 3 stories, and a maximum height of: (A) 30 feet above the average existing natural grade; or (B) 901 feet above sea level.
(6)
Building construction.
The primary structure will be constructed of non-combustible materials (steel and concrete).
(7)
Cut and fill.
Up to a maximum of 50 feet of cut, and 25 feet of fill is permitted.
(8)
Steep slopes.
Construction is permitted on slopes in excess of 25%, up to 1.5 acres, as shown on the PD master plan.
(9)
Driveway slopes.
Driveway slopes will not exceed 15%. Vehicular access to the Property is limited to Bee Cave Road.
(10)
Roadway buffer.
A driveway, a retaining wall and landscape improvements may be constructed in the roadway buffer area for Bee Cave Road, as shown on the PD Master Plan.
(11)
Parking.
The minimum parking ratio is at least 1 space per 4 beds, plus 1 space per 2 employees during the day shift. The maximum number of parking spaces is 71.
(12)
Right-of-way.
Approximately 0.49 acres of right-of-way for the future widening of Bee Cave Road are reserved for public dedication, as shown on the PD Master Plan, to be dedicated to the city by plat upon the recordation of the final plat of parcel 1, and deeded at that time to the city, subject to the reservation of an easement for the retaining wall and signage depicted on the PD Master Plan. This easement will terminate at such time as the widening of Bee Cave Road within the right-of-way is commenced.
(13)
Water quality protection.
Permanent water quality controls will be provided based on the Texas Commission on Environmental Quality’s contributing zone requirements for the Edwards Aquifer. Stormwater detention facilities shall be constructed underground, as indicated on the PD Master Plan.
(14)
Lighting.
The lighting for the Project will comply with the non-residential lighting standards for Lighting Zone 2 under the model ordinance developed jointly by the Illuminating Engineering Society and The International Dark-Sky Association dated June 14, 2011.
(15)
Trees and vegetation.
(A)
Clearing vegetation and removal of trees (including trees 14-inches and greater) is permitted:
(i)
Within the site development footprint shown on the PD Master Plan; and
(ii)
Within the geotech paths described on exhibit D-1 to Ordinance 388 consistent with the agreement for tree removal and replacement between the city, the applicant and the owner (dated January 31, 2012); and
(iii)
In accordance with the tree removal and replacement plan attached as exhibit D-4 to Ordinance 388.
(B)
The calculations for trees removed and trees to be replaced set forth on exhibit D-4 to Ordinance 388 are approved. The tree removal to tree replacement ratio under exhibit D-4 is 35%, which the city agrees will fully satisfy the tree mitigation requirements for the project. In addition to the tree replacement provided for in exhibit D-4 to Ordinance 388,
(16)
Signage.
The project’s signage must receive permits prior to construction and conform to the Code of Ordinances.
(17)
Sewage.
(A)
Centralized sewer.
Applicant must use good faith efforts to secure the City of Austin’s approval of the extension of centralized sewer service for the Project, and in conjunction with such approval, an opportunity for the owners of residential properties adjacent to the project on lower Buckeye Trail to obtain sewer service from the line serving the project, at their expense. The applicant’s support for and request for a vote by the city council of the City of Austin on its application for such extension will constitute conclusive evidence of its good faith efforts.
(B)
Lift station.
If the project obtains centralized sewer service, a lift station may only be constructed in the approximate location shown on the PD Master Plan. If the project uses an on-site sewage system there will not be a lift station and the proposed lift station area will be landscaped accordingly.
(C)
OSSF.
(i)
If the City of Austin does not approve the extension of centralized sewer service to the Project on or before July 31, 2012, the applicant’s obligation to pursue approval of such service under subsection (17)(A), above, will terminate and the Applicant may install an on-site sewage system to serve the project. Any such on-site sewage system will be located substantially in accordance with the preliminary location plan attached as exhibit D-2 to Ordinance 388. Nothing herein shall be construed to preclude the city from fully participating in the TCEQ permitting process.
(ii)
If the project receives service through an on-site sewage system, the applicant will install a four-inch wastewater line, only (without a lift station), to which owners of the residential properties adjacent to the project on lower Buckeye Trail could connect, at their expense, in order to obtain centralized sewer service if it is made available in the future. This wastewater line would be located substantially in accordance with the preliminary location plan attached as exhibit D-3 to Ordinance 388.
(e)
Development standards for parcel 2.
The development regulations for parcel 2 will be consistent with those applicable to the base district (see subsection (b) above), except as otherwise provided in these development standards.
(1)
Regulations.
The development regulations will be those applicable to city’s residential (R-1) zoning district, except as otherwise provided below.
(2)
Transferable credits.
Certain development rights, including buffer space and impervious cover, from parcel 2 may be transferred to parcel 1. Although separately platted lots, parcels 1 and 2 will be considered as one platted lot for purposes of calculating transferable credits for buffer space and impervious cover.
(3)
Driveway slopes.
Driveway slopes will not exceed 15%. Vehicular access to the property is limited to Bee Cave Road.
(4)
Right-of-way.
Approximately 0.12 acres of right-of-way for the future widening of Bee Cave Road are reserved for public dedication, as shown on the PD Master Plan, to be dedicated to the city by plat upon the recordation of the final plat of parcel 2, and deeded at that time to the city, subject to the reservation of an easement for the retaining wall and signage depicted on the PD Master Plan. This easement will terminate at such time as the widening of Bee Cave Road within the right-of-way is commenced.
(5)
Water quality protection.
Permanent water quality controls will be provided based on the Texas Commission on Environmental Quality’s contributing zone requirements for the Edwards Aquifer. Stormwater detention facilities shall be constructed underground, as indicated on the PD Master Plan.
(Ordinance 388 adopted 3/8/12)
(a)
Applicability.
This section shall apply solely to the following tracts, which shall herein be referred to collectively as the property:
(1)
Tract 1:
Lot 1B, Replat of Lot 1 Bee Cave Corners Subdivision, according to plat recorded at 201300127, Official Public Records, Travis County Texas.
(2)
Tract 2:
Lot 2C, Replat of Lot 2, Bee Cave Corners Subdivision, according to plat recorded at 200900007, Official Public Records, Travis County Texas.
(3)
Tract 3:
Being 0.4152 acres of 18,084 square foot tract out of Lot 1B, amended plat of the amended plat of Tract 2, resubdivision of part of lot 15, Barton Springs Estates and Lot 1. M. McClure Subdivision and the remaining portion of Tract 1, Lamplighter Subdivision, City of West Lake Hills, Travis County, A Subdivision in Travis County, Texas, According to the map or plat of record in document No. 200300009, Official Public Records, Travis County Texas.
(b)
Development approvals.
Applications for permits for the project (including but not limited to building permits, site plan, plats) shall be submitted in conformance with the Code of Ordinances, and this PDD #2 section. If there is a conflict between this PDD #2 section, and any other rule or regulation of the city, and the conflicting rules or regulations cannot be harmonized so that both be given effect, the provisions of this PDD #2 section, shall govern.
(c)
Base zoning districts.
The property is hereby zoned government, utility, institutional (GUI), and shall hereafter be governed by the rules applying in that zoning district.
(d)
Development standards.
The development regulations for the project shall be consistent with those applicable to the base districts (see subsection (c) above), except as otherwise provided in these development standards.
(1)
Parking.
Any and all parking for the sports field by participants and visitors shall be located on the Austin Trinity School Campus.
(2)
Tree fund payment.
In addition to tree replacement requirements set forth in subsection (d)(6)(E) of this section, applicant will remit to the city a one-time payment of fifty thousand dollars ($50,000.00) for deposit into the city’s landscape fund prior to commencement of construction.
(3)
Exterior lighting.
No exterior lighting on the sports field shall be allowed.
(4)
Outdoor amplified sound.
No outdoor mechanically or electronically amplified sound on the sports field shall be allowed.
(5)
UDA and First Amendment to the UDA.
Portions of the property are subject to the UDA and First Amendment to the UDA, attached as exhibits F and G to Ordinance 401.
(6)
Variances.
The following specific, enumerated provisions (“variances”) set forth in this subsection (d)(6) vary from the requirements for the GUI base zoning district. Through this agreement and the PDD #2 section, they have been approved by all required city boards and commissions and the city council and are granted by the city with respect to the development of the project. This section shall serve as guidance for the review and approval of any additional waivers, variances, exceptions, or other municipal authorizations not specifically included in this section.
(A)
Setbacks along common lot lines.
The city hereby removes the requirement for twenty-five foot (25') side setbacks between: (i) tracts 1 and 2; and (ii) tracts 2 and 3 to allow the sports field to overlap common lot lines as depicted on the master plan. This provision would otherwise require a variance from city code section 22.03.281.
(B)
Retaining wall.
The city hereby allows the retaining wall for the sports field to be constructed and exist in the setback as depicted on the master plan. This provision would otherwise require a variance from city code section 22.03.276.
(C)
Cut and fill in setbacks.
The city hereby allows cut and fill to be located within the setbacks as depicted on the master plan. This provision would otherwise require a variance from city code section 22.03.210.
(D)
Maximum cut and fill.
The city hereby allows up to a maximum of eight (8) feet of cut, and twenty (20) feet of fill for the sports field as depicted on the grading & drainage plan (exhibit D to Ordinance 401). This provision would otherwise require a variance from city code section 22.03.210.
(E)
Tree mitigation/tree removal and replacement plan.
The city hereby approves the tree mitigation/tree removal and replacement plan as depicted in exhibit E to Ordinance 401, which allows the following:
(ii)
Replacement of 452 inches of the 1,742 inches of trees removed and the 1,692 inches required to be replaced, which is twenty-seven percent (27%) of the total number of replacement inches required. This provision would otherwise require a variance from city code section 22.03.304(c)(3).
The city agrees that the: (1) foregoing twenty-seven percent (27%) for tree replacement; and (2) the fifty thousand dollars ($50,000.00) deposit into the city’s landscape fund set forth in subsection (d)(2) of this section is deemed to fully satisfy the tree mitigation requirements for the project.
(Ordinance 401 adopted 9/28/13)
(a)
Applicability.
This section shall apply solely to the following parcels, which shall herein be referred to individually as lot 2 and lot 3 and collectively as the property:
Lots 2 and 3, Westwood Villas, section 1, A Subdivision in Travis County, Texas, according to the map or plat recorded in volume 32, page 19, plat records, Travis County, Texas.
(b)
Development approvals.
Applications for permits for the project (including but not limited to building permits, site plan, plats) shall be submitted in conformance with the Code of Ordinances, and this section (PDD #3). If there is a conflict between this section and any other rule or regulation of the city, and the conflicting rules or regulations cannot be harmonized so that both be given effect, the provisions of this ordinance shall govern.
(c)
Base zoning district.
The property is hereby zoned office district (O), and shall hereafter be governed by the rules applying in that zoning district.
(d)
Development standards for property.
The development regulations for property will be consistent with those applicable to the base districts (see subsection (c) above), except as otherwise provided in these development standards.
(1)
Land use.
The approved use of the property is an existing 2 story building with 4 X 1 bedroom/1 bathroom units upstairs and 3 X 1 bedroom/1 bathroom units, a laundry room and an office downstairs and a planned 2 story apartment building next door with the following use: Six new similar individual units will be built, each a two-bedroom and two-bath type, with living/dining space, a kitchen, entry area, storage/closets, including related mechanical/electrical/plumbing supporting systems, and each will have an associated private patio or deck. There will be three units above and three units below in this two-story building design. They will be accessed, along the west side of the building, by a perimeter covered walkway system (ground floor) and covered balcony access, at the second floor, served by flanking metal/concrete stairways. Each apartment will be approximately 1,095 gross square feet in size (984 gross square feet of habitable area/storage and 111 square feet of patio or deck, as combined)
(2)
Units.
The number of additional units that may be constructed is 6 X 2 bedroom/2 bathroom units.
(3)
Mass.
The new two-story building (lot 3 development) has a ground footprint of approximately 3,286 gross square feet (including the individual unit patios) overall, but excluding the freestanding stairways, the perimeter walkways/concrete pads, and the existing balconies that serve as entrance/exiting along the building’s western face. The overall built building gross square footage (excluding stairs/walkways and exiting balconies) of the first and second story apartment units themselves, as combined, and their respective eastern private balconies/patios included, is 6,572 gross square feet.
(4)
Building design.
(A)
Exterior design.
The architectural features of the primary structure shall be consistent with the preliminary project elevation, included herein as exhibit C to Ordinance 415. The proposed building’s exteriors will generally consist of various combinations of the following: 2 different profiles of cement-board horizontal embossed and painted siding used in combination, stone accent veneer -clad wainscots and screen walls to various extents and locations, exposed-to-view stained cedar/pine timber columns/beams/joists/trim elements, composition or hard-wood decking at second floor balconies/decks, aggregate, reinforced concrete walkways/steps/ramps at ground levels, and painted or stained trim/fascias/eaves. See exhibit for a typical exterior elevation (front “west” side shown). Other elevations will utilize same materials/finishes detailed above, but in different combinations and extents. Windows/door sidelites will be low-tint, double-insulated glazed types, set in metal or PVC frames, with perimeter painted trim. Exterior doors will be solid-core wood and painted, in wood frames/trim.
(B)
Roof pitch.
Roofing will consist of “timberline” varying profile-type composition shingles, set over underlayment and plywood decking, with wood trusses or roof/ceiling joists framing supports beneath. Roof slopes will be a maximum of 5 in 12 pitch. Gutters, rain chains, and/or downspouts will be applied for rainwater collection and transference to grade drainage direct ion and/or collection/filtration systems, per exhibit B to Ordinance 415.
(5)
Building construction.
General apartment building framing construction will be out of wood components, per type 5-B (non-rated construction) code standards, except for demising walls, and floor/ceiling assemblies, between units, which will be fire-rated to industry-recognized one-hour fire-rated standards. The proposed development (on lot 3) shares parking and drives, fire lanes, and the street access approach point with an existing two-story apartment development to the west (lot 2 and part of lot 3) and its related parking.
(6)
Parking.
New parking shown for the new 6-unit building on lot 3 is provided at a rate of 2 spaces per apartment unit, for a total of 12 overall added to the overall site, per the exhibits. The current existing driveway adjacent to the new proposed parking will be modified to serve the spaces as shown, per exhibit B to Ordinance 415. No other modifications to current existing parking (8 spaces), existing building use requirements or zoning, or access drives that served the original apartment building (lot 2) are required, or mandated, at this time. The new parking shown, as directly-attributable and part of the new 6-Unit building development, is allowed to extend to within minimum building setback zones, as shown.
(7)
Right-of-way.
Approximately .052 acres of right-of-way for the future widening of Bee Cave Road (parcel 42) shall be reserved for public dedication, and in fact be conveyed to the city by execution of a donation deed within 10 calendar days of the passage of this section.
(8)
Setbacks.
The building, and serving stairways/balconies/patios/walkways will be setback from neighboring property lines per the exhibits and the standards set as herein: front property line minimum setback is 30 feet; side property line (with residential lot to east) minimum setback is 15 feet; and rear property line (with commercial lot to the north, specifically a detention pond facility) minimum setback is 9 feet. The new building’s overhangs, eaves, and/or support beam outriggers may extend up to 36 inches past the finished surfaces of the exterior walls, and are allowed to extend within the aforementioned setback zones to the same extent, where applicable. Site retaining walls, as required, may occur within the side and rear building setback zones. HVAC site-located condenser units and support pads may occur within the side or rear setback zones, but will be properly screened from view by use of buffering landscaping or low masonry walls, from street-side viewpoints along Blueridge Trail. The required water-quality detention ponds and related structures/appurtenances may occur within the front setback zones, as shown on Exhibits.
(9)
Water quality protection.
Permanent water quality controls will be provided based on the Texas Commission on Environmental Quality’s recharge zone requirements for the Edwards Aquifer. Storm water detention facilities shall be constructed as required by the TCEQ.
(10)
Trees and vegetation.
The clearing of vegetation and removal of trees shall be permitted in accordance with the landscape plan attached as exhibit D to Ordinance 415.
(Ordinance 415 adopted 10/22/14)
(a)
Applicability.
This section shall apply solely to the parcel:
Approximately 5.68 acres of land, more or less, out of the Alexander Eanes Survey No. 507, in Travis County, Texas, being the same property conveyed to Ben Hur Temple by deed of record in Volume 5144, Page 1087, Deed Records, Travis County, Texas. (See exhibit A to Ordinance 419)
(b)
Development approvals.
Applications for permits for the project (including but not limited to building permits, site plan, plats) shall be submitted in conformance with the PD Master Plan, Code of Ordinances, and this section. If there is a conflict between this section and any other rule or regulation of the city, and the conflicting rules or regulations cannot be harmonized so that both be given effect, the provisions of this section shall govern.
(c)
Base zoning district.
The Parcel is hereby zoned PDD #4, base district GUI, and shall hereafter be governed by the rules applying in that zoning district, as may be modified by this section.
(d)
Development standards for parcel.
The development regulations for parcel will be consistent with those applicable to the base district (see subsection (c) above), except as otherwise provided in these development standards.
(1)
Land use.
The approved use of the parcel is described as follows: Development of a multi-purpose indoor athletic and community center, which shall include court facilities, turf fields, physical therapy, athletic training, and storage, as well as an outdoor area on the southwest side of the building for lacrosse wall ball. Alcohol possession and sales are prohibited as primary and accessory uses.
(2)
Mass.
The building shall have a ground footprint of approximately 66,650 gross square feet.
(3)
Height.
The building shall have a maximum height of 38'-0" above current grade.
(4)
Building design.
(A)
Exterior design.
(i)
The architectural features of the primary structure shall be consistent with the preliminary project elevation, included herein as exhibit C to Ordinance 419. The proposed building’s exteriors will consist of various combinations of the following: Masonry (split face concrete masonry units) that has a limestone color, stucco (earth tone color) and metal panels (earth tone colors) with exterior metal brackets that act as roof supports and downspouts. Windows for natural light and overhead doors for ventilation will be used. Exterior HVAC units will be incorporated into the exterior design and will be screened as per the Code of Ordinances.
(ii)
See exhibit C to Ordinance 419 for a typical exterior elevation. Other elevations will utilize the same materials/finishes detailed above, but in different combinations and extents. Windows/door sidelites will be low-tint, double-insulated glazed types, set in metal or PVC frames, with perimeter painted trim. Exterior doors will be painted solid metal or storefront style set in aluminum frames.
(iii)
The north side of the building, facing the residential properties on Konstanty Circle, will consist of all metal panel siding.
(B)
Roof pitch.
Roofing will consist of metal panels (light color/non-reflective) to resist heat gain. Roof slopes will be a maximum of 1/12 pitch. Gutters, rain chains, and/or downspouts will be applied for rainwater collection and transference to grade drainage direct ion and/or collection/filtration systems, per exhibit B to Ordinance 419.
(5)
Building construction.
General building framing construction will be a concrete foundation on grade with a pre-engineered metal building super structure. This consists of steel frames (bents) at about 23'-0"+ on center, steel wall girts and steel roof purlins. Building insulation will be R-13 minimum in the walls and R-30 minimum in the roof.
(6)
Parking.
Parking is provided at a rate of one (1) space per 551 square feet as per the exhibits. Parking at Westlake High School will be used for overflow parking when available. The currently existing driveway will continue to be utilized, per exhibit B to Ordinance 419.
(7)
Wall and fencing.
(A)
Existing nonconforming front yard fencing will remain. Security (chain link) fencing that is 8 feet high and covered with green screening material will be erected at or near the property line prior to construction as a condition of the issuance of building permits and will remain in place until the certificate of occupancy is obtained. A wall comprised of earth tone concrete masonry units (CPMs) between 8 and 10 feet high will be erected north of the structure abutting the fire lane and running down to the hammerhead separating the site from neighboring residential lots, as illustrated on exhibit E to Ordinance 419.
(B)
Earth tone is a color scheme that draws from a color palette of browns, tans, warm grays, and greens. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees and rocks. The CPM wall mandated by this section will be landscaped with green fig ivy on the north side, which shall be irrigated by the project owner.
(C)
A fence comprised of cedar pickets 10 feet high will be erected commencing at the Northwest corner of the CMU wall and extending to the northwest corner of the property as illustrated in exhibit E to Ordinance 419.
(8)
Setbacks.
Setbacks from the property line to the building are established at 220 feet from the front, 75 feet from the rear and 50 feet from the side. Water quality pond wall setbacks are established at 3 feet from the property line.
(9)
Water quality protection.
Permanent water quality controls will be provided in accordance with the current development guidelines of the City of West Lake Hills and the Texas Commission on Environmental Quality.
(10)
Trees and vegetation.
(A)
Clearing vegetation and removal of trees (including trees 14-inches and greater) is permitted:
(i)
Within the site development footprint shown on the PD Master Plan; and
(ii)
In accordance with the landscape plan attached as exhibit D to Ordinance 419.
(iii)
All vegetation will have irrigation and is the responsibility of the record owner and parcel owner to maintain in perpetuity. Dead vegetation must be replaced and maintained.
(B)
Vegetation will primarily be used to screen residential properties abutting the Parcel and Westbank Drive.
(C)
Six feet of blacktop (asphalt) will be removed and replaced with 2 evergreen trees in accordance with exhibit D to Ordinance 419.
(11)
Signage.
The project’s signage must receive permits prior to installation and conform to the Code of Ordinances.
(12)
Noise.
Noise generated by the project will be mitigated and reduced through the following measures: (A) use of 2-layers of 5/8 inch thick drywall (sheetrock) on the north wall of the building; and (B) restricting the athletic and community center to primarily an indoor facility. No outdoor speakers will be installed. Outdoor activities are limited to the lacrosse wall, which will be placed near the southwest corner of the building, away from the surrounding residential properties on Konstanty Circle, and will only occur between the hours of 8:00 a.m.–8:30 p.m.
(13)
Access.
Issues of vehicular access will be addressed as follows: Primary site access will be achieved by utilizing the existing driveway location providing connection to Westbank Drive. Emergency gated access will be provided at or near the northeast property corner of the tract. No parking will be allowed in the fire lane, and a gate with a KNOX device (approved by Emergency Services District No. 9) will be installed to allow emergency access.
(14)
Impervious cover.
A maximum of 54.9% of the total site area shall be permitted to be impervious cover. Impervious cover is defined by the current city code.
(15)
On-site parking.
No minimum separation between rows or aisles in parking areas is required.
(16)
Site disturbance.
Cut depths and fill heights on the site are limited to 18 feet.
(17)
Lighting.
All proposed lighting will comply with the City of West Lake Hills Lighting Ordinance and be Dark Sky compliant. There will be motion-sensing lighting north of the building for security. Appropriate light shielding will be used to reduce light trespass to residences abutting the parcel.
(18)
Operating hours.
The facility may operate from 6:00 a.m. to 11:00 p.m. Monday through Friday and from 8:00 a.m. to 11:00 p.m. Saturday, Sunday, and federal holidays recognized by the Eanes Independent School District.
(Ordinance 419 adopted 3/25/15)
(a)
Applicability.
This section shall apply solely to the following parcel, which shall herein be referred to individually as Lot 1, E. Shelton Land, Wilkinson Sparks Survey No. 4, A Subdivision in Travis County, Texas, according to the map or plat recorded in volume 90, page 236, plat records, Travis County, Texas.
(b)
Development approvals.
Applications for permits for the project (including but not limited to building permits, site plan, plats) shall be submitted in conformance with the Code of Ordinances, and this section (PDD #5). If there is a conflict between this section and any other rule or regulation of the city, and the conflicting rules or regulations cannot be harmonized so that both be given effect, the provisions of this ordinance shall govern.
(c)
Base zoning district.
The property is hereby zoned commercial, and shall hereafter be governed by the rules applying in that zoning district.
(d)
Development standards for property.
The development regulations for property will be consistent with those applicable to the base districts (see subsection (c) above), except as otherwise provided in these development standards.
(1)
Land use.
The approved use of the property is an existing one story stone & concrete service station with approximately 1,632 square feet and an existing one story stone grocery store with approximately 2,106 square feet.
(2)
Building design.
The exterior of the existing one story service station is stone and concrete and the grocery store is stone.
(3)
Building construction.
Existing service station and grocery store building framing construction are constructed out of cinder blocks and steel beams and concrete.
(4)
Parking.
Existing parking shown for the service station and the grocery store will remain the same.
(5)
Setbacks.
The building, and patio and walkways are setback from neighboring property lines per the exhibits and the standards set as herein: Front property line minimum setback is 50 feet; side property line (with Westlake Drive) minimum setback is 50 feet; and rear property line (with commercial lot to the north) minimum setback is 30 feet.
(6)
Outdoor lighting.
All new lighting must conform to article 23.04 of the Code of Ordinances. All existing lighting must be brought into conformance with article 23.04 within six (6) months of the passage of this section.
(Ordinance 438 adopted 3/8/17)
(a)
Applicability.
This section shall apply solely to the following tracts, which shall herein be referred to collectively as the property:
Tract 1: Lot 1 of Westlake Cove Addition, a subdivision in Travis County, Texas, according to the map or plat thereof, recorded in Volume 82, Page 41 of the Plat Records of Travis County, Texas. Said plat corrected as to surveyor’s notes by instrument recorded in Volume 13020, Page 284 of the real property records of Travis County, Texas.
Tract 2: Being all of that certain 0.4 acre tract of land, more or less, out of the Wilkenson Sparks Survey No. 4 situated in Travis County, Texas, being the same tract of land described by metes and bounds under “second tract” in deed dated July 24, 2002, to Robert E. Price, Trustee of the Westlake Cove Apartments Trust recorded under Document No. 2002152483, of the official public records of Travis County, Texas.
(b)
Development approvals.
Applications for permits for the project (including but not limited to building permits, site plan, plats) shall be submitted in conformance with the Code of Ordinances, and this section (PDD #6). If there is a conflict between this section and any other rule or regulation of the city, and the conflicting rules or regulations cannot be harmonized so that both be given effect, the provisions of this section shall govern.
(c)
Base zoning district.
The property is hereby zoned PDD #6, base district transitional residential (R-3), and shall hereafter be governed by the rules applying in that zoning district, as may be modified by this section.
(d)
Development standards for property.
The development regulations for property will be consistent with those applicable to the base districts (see subsection (c) above), except as otherwise provided in these development standards.
(1)
Land use.
The approved use of the property is a new 18-unit condominium project described as follows:
(A)
Building 1:
A 3-story building with 3 x 2-bedroom units and 8 x 3-bedroom units. Each 2 bedroom unit will not exceed 2,200 square feet of floor area and each 3-bedroom unit will not exceed a floor area of 2,575 square feet.
(B)
Building 2:
A 3-story building with 2 x 2-bedroom and 5 x 3-bedroom units. Each 2-bedroom unit will not exceed a floor area of 2,200 square feet and each 3-bedroom unit will not exceed a floor area of 2,575 square feet.
(2)
Height.
The maximum roof height of building 1 will be 35 feet, and the maximum roof height of building 2 will be 35 feet.
(3)
Density.
The maximum number of units will be 18 units: 11 units in building 1 and 7 units in building 2.
(4)
Mass.
The entire project will have a ground footprint of 20,465 square feet: 12,675 square feet in building 1 and 7,790 square feet in building 2.
(5)
Parking and access.
Access shall include a fire truck access lane and turnaround; 22 covered parking spaces for residents in building 1 (2 spaces per unit); 14 covered parking spaces in building 2 (2 spaces per unit); and 5 uncovered parking spaces for guests which will include 2 handicap parking spaces, one of which will be van accessible.
(6)
Impervious cover.
The maximum impervious cover will be 30,653 square feet (29.55%).
(7)
Setbacks.
The footprint of the two buildings will have the following setback lines: Front street setback is 40 feet; rear setback is 40 feet along the creek; 25 feet on the south side; and 40 feet on the north side property line.
(8)
Building design and construction.
All building construction will conform to the applicable code provisions of the International Building Code as adopted by the city. The building will likely be steel or concrete structure with primarily glass curtain walls. Both buildings will have a flat roof with a gravel or turf finish.
(9)
Condominium management.
A condominium declaration will be recorded; a condominium owners association will be formed; and the association’s board will manage assessments, maintenance over general common areas, and review and approval of all repairs or remodeling to any units. A copy of the declaration will be made available for final approval by the city council.
(Ordinance 2020-216 adopted 12/9/20)