EXEMPTIONS GRANTED FOR

THE BETHANY LUTHERAN CHURCH LOTS 1 – 6

On June 5, 2008, the Austin City Council passed Ordinance No. 20080605-043 pertaining to the Bethany Lutheran Church Lots 1 – 6 (see attached Ordinance).  The following outlines the exemptions and development permitted by the Ordinance.

The Ordinance permits the following: 

1.               residential and religious assembly purposes;*

2.               up to 272 dwelling units;*

3.               site development for multifamily residential low density (MF-2)*

The Ordinance exempts the six lots from:

1.               Water Quality Control Standards (Section 25-8-213, City Code)

2.               Critical Water Quality Zone (Section 25-8-482, City Code)

3.               Water Quality Transition Zone (Section 25-8-483 (A), City Code)

4.               Pollution Prevention Required (Section 25-8 514 (A), City Code)

5.               Pollution Prevention Required - prohibiting pollution controls within the critical water quality zone (Section 25-8-514(B), City Code)

6.               Tree and Natural Area Protection (Chapter 25-8, Subchapter B, Article 1

7.               Private Common Open Space and Pedestrian Amenities (Chapter 25-2, Subchapter E, Section 27)

8.               Compatibility Standards - the development of the allowed residential or religious uses on part of the property does not trigger the height and setback requirements of Chapter 25-2, Subchapter C, Article 10

The Ordinance relaxes development prohibition requirements in the water quality transition zone.

The Ordinance relaxes development prohibition requirements in the critical water quality zone.

The Ordinance allows the impervious cover measurement to be averaged over all lots.

* While state law and the Austin City Code requires a zoning change when land use changes from religious and single family (IRR) to commercial multifamily residential (MF-2), no zoning change was required by the City and none is contemplated.  If a zoning change had been required, all property owners within 200 feet of the proposed zoning change would have been notified.  If the owners of 20% of the property surrounding the site had signed a petition opposing the zoning change, then the zoning could be changed only with a 5 of 7 (super majority) vote of the City Council instead of a 4 of 7 simple majority.