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Perry Estate

Special Committee Report

HYPERLINK "https://www.hancockna.org/www/" \o "Home" Hancock
Neighborhood Association



Table of Contents Page

Introduction & History of the Perry Estate Special Committee

Formation of the Perry Estate Special Committee.......................4

Perry Committee
Members....................................................4

Perry Committee
Charge.......................................................4

Extension of the Committee's Charge to March 20th, 2013............4

Please Pay Your Association Dues So Your Vote Will Count.........4

What to Expect at the Special Called Meeting of the Perry Estate
Committee to be held on February 20th, 2013...................5

History of Special Committee
Meetings....................................5

How We Collected Neighborhood Feedback to Present to the
Developer...............................................................
............6

Existing Zoning & Use Entitlements for the Commodore Perry Estate

Defining the Current Zoning Classification for the Perry Estate
Property: SF-3-CO-NP................................................7

What is a Neighborhood Plan Combining District........................7

What are the Existing Conditional Overlays for the Perry
Estate
Property................................................................
...8

What are the Permitted Residential Uses under the Current Zoning
classification for the Perry Estate Property......................9

What is the One Conditionally Permitted Commercial Use under the
Current Zoning classification for the Perry Estate
Property................................................................
.............9

What are the Permitted Agricultural Uses under the Current
Zoning Classification for the Perry Estate
property....................10

What are the Permitted Civic Uses under the Current Zoning
Classification for the Perry Estate
Property..............................11

What are the Conditionally Permitted Civic Uses under the Current
Zoning Classification for the Perry Estate Property.........12



Clark Lyda's Development
Narrative............................................14

What is the Developer Proposing:

The Developer's Zoning and Development Standards Document for
the Change of Use and Re-zoning of the Commodore Perry
Estate.....................................................16

Land Use Definitions for the Developer's Proposed Uses............25

Other Related, Attached Documents:

From the City of Austin's Zoning Guide:

Zoning
Principles......................................................30

Zoning
Process.........................................................31

Challenging a Zoning Request.....................................33

...Table of Contents Page

Environmental Noise Study - Summary Report of Environmental Noise
Criteria and Recommendations.................36

Traffic Analysis performed by HDR Engineering, Inc..................48

Bird's Eye View of Possible Development Plan.........................50

Bird's Eye View of Residential Buffer Zone along Northern Property
Boundary..............................................................53

Summary of Perry Estate Survey Results................................54

1 - Introduction and History of the Perry Estate Special Committee

Formation of the Perry Estate Special Committee:

The Perry Estate Special Committee, or Ad Hoc Committee, was formed on
January 18th, 2012. The Committee is comprised of the 5 existing
members on the Zoning Committee for the neighborhood association plus
three (3) additional Hancock Neighbors who live within 200' of the
border of the Perry Estate. These three ``200' neighbors'' on the Perry
Estate Special Committee were approved by a vote of those in attendance
at the January 18th, 2012 meeting of the Hancock Neighborhood
Association.

Perry Committee Members:

Reed Henderson (Chair & 200' neighbor), Holly Noelke (200' neighbor),
Bruce Fairchild (200' neighbor), Rafi Anuar (Zoning Committee), Bart
Whatley (Zoning Committee), Carolyn Palaima (Zoning Committee), Gay
Ratliff (Zoning Committee), Linda Guerrero (Zoning Committee), Cody Coe
(Zoning Committee).

Perry Committee Charge: (from Jan 2012 HNA Meeting)

The charge to the Committee is to negotiate with the Owner for the
development and zoning of the Commodore Perry Estate. The Committee
shall make recommendations for the satisfactory agreements and
safeguards on land use, and shall address the concerns and requirements
identified by HNA members. Final adoption of the plan will be voted on
by the general membership at a future meeting. The ad hoc Committee will
be dissolved the earlier of an affirmative vote on the plan by the
general members of the HNA at a regular or special meeting or the third
Wednesday of January 2013.

Extension of the Committee's Charge to March 20th, 2013:

At the January 16th meeting of the full membership of the Hancock
Neighborhood Association, the Perry Estate Special Committee's charge
was extended to March 20th, 2013, by majority vote of those in
attendance. At the March 20th, 2013 meeting of the full membership of
the Hancock Neighborhood Association, which will be held at the Hancock
Recreation Center, a vote will be taken on whether or not to approve the
Developer's proposed Development and Zoning Standards for the rezoning
and redevelopment of the Commodore Perry Estate.

Please Pay Your Association Dues So Your Vote Will Count:

You must be a paying member of the Hancock Neighborhood Association to
vote. Dues are $5 per household and are effective for each calendar
year. Dues must be renewed each year on or after January 1st and will
be effective until December 31st of the year for which they were paid.
You can pay your dues online by clicking on the ``Join'' link on the
Neighborhood's website. HYPERLINK
"https://www.hancockna.org/www/node/6"
https://www.hancockna.org/www/node/6

What to Expect at the Special Called Meeting of the Perry Estate
Committee to be held on February 20th, 2013:

It is important to note that one month prior to the March 20th, 2013
meeting, there will be a Special Called Meeting of the Perry Estate
Special Committee to be held at the Hancock Recreation Center on
February 20th, 2013. No vote will be taken at the February 20th
meeting. This meeting will be for informative purposes only.

At this meeting on February 20th, 2013, the owner and proposed developer
for the Commodore Perry Estate, Mr. Clark Lyda, will present to those in
attendance his proposed Development and Zoning Standards for the
rezoning and redevelopment of the Commodore Perry Estate. Mr. Lyda's
presentation will be a roughly 15 minute summary of his rezoning and
redevelopment proposal. Mr. Chad Himmel, the sound engineer for JE
Acoustics, whom was procured by Mr. Lyda to analyze both the existing
and projected future sound qualities and levels for the Estate, will
also be in attendance to provide an executive summary of his report and
recommendation for mitigating projected future sound levels on the
property. After Mr. Lyda and Mr. Himmel present and answer questions of
those in attendance, Mr. Lyda and his team will leave the room and those
neighbors in attendance will have the opportunity for a question and
answer session with the Committee members in attendance.

History of Special Committee Meetings:

The committee met either amongst themselves, with City of Austin
officials, or with the Owner/Developer, Mr. Clark Lyda, and his
attorney, Mr. David Hartman, twenty one (21) times between January 15th,
2012 and February 5th, 2013.

The early meetings consisted of Mr. Lyda and Mr. Hartman presenting to
the committee their initial, proposed re-zoning and re-development
guidelines for the Commodore Perry Estate. The committee also spent
time in these early months learning the City Processes by which a Change
of Use/Zoning for the estate could possibly come to fruition.

More information on a rezoning application and the rezoning process can
be found in another section of this report (see Table of Contents). The
process for challenging a rezoning application was also studied by the
Committee as it may be pertinent for those neighbors in opposition to
the developer's plan. The City's guidelines for challenging a re-zoning
application can also be found in a later section of this report (see
Table of Contents).

Upon gaining a general understanding of Mr. Lyda's proposed re-zoning
and re-development guidelines for the Commodore Perry Estate as well as
for the City of Austin's method for processing such a request, and/or
the City of Austin's method for processing a challenge to such a
request, the Committee decided it was time to compile our fellow Hancock
Neighbors' feedback as it related to Mr. Lyda's proposed re-zoning and
re-development for the Commodore Perry Estate.

How We Collected Neighborhood Feedback to Present to the Developer:

The committee collected feedback from the Hancock neighbors through a
variety of media, including the following:

- Oral Statements made by concerned neighbors at open Neighborhood and
Special Committee Meetings

- Oral statements provided at private meetings by concerned neighbors to
various committee members

- Hand written letters from concerned neighbors which were given to
various committee members

- Email Statements made by concerned neighbors to various committee
members

- Written, Signed Position Statements given to the Committee by
concerned neighbors living within 200' of the border of the Perry Estate


- A Survey that the committee published to gather feedback from
neighbors in October, 2012. The purpose of the survey was to of course
present information about the proposed development at the Commodore
Perry Estate as well as to provide information on various possible land
uses and existing zoning categories as they pertain to the proposed
development of the Perry Estate Property.

(See Table of Contents for survey results posted in another section of
this report).

All feedback which the Committee received from neighbors was clearly
presented to Mr. Lyda and/or Mr. David Hartman at our meetings. Any
restrictions on the proposed zoning and use of the property which the
Committee was able to negotiate with Mr. Lyda were developed as a result
of the feedback that the Committee received from the neighbors and which
we diligently presented to Mr. Lyda. Ultimately, the neighbors will
decide by vote on March 20th, 2013, whether or not Mr. Lyda's
Development and Zoning Standards for the rezoning and redevelopment of
the Commodore Perry Estate go far enough in protecting the established
values and future goals of the Hancock neighborhood.

2 - Existing Zoning and Use Entitlements for the Commodore Perry Estate

When a neighbor casts his or her vote on March 20th, 2013, on whether or
not to endorse the proposed Development and Zoning Standards for the
re-zoning and re-development of the Commodore Perry Estate, each
neighbor should be weighing the proposed changes against the existing
zoning and use entitlements for the property. It is important to
understand what can be done to the property under its existing zoning
and use entitlements so one can make an informed decision on March 20th,
2013.

The Existing Zoning and Use Entitlements for the Commodore Perry Estate
are as follows:

Current City of Austin Zoning Classification is SF-3-CO-NP

SF-3: Family residence (SF-3) district is the designation for a moderate
density single-family residential use and a duplex use on a lot that is
a minimum of 5,750 square feet. An SF-3 district designation may be
applied to a use in an existing single-family neighborhood with moderate
sized lots or to new development of family housing on lots that are
5,750 square feet or more. A duplex use that is designated as an SF-3
district is subject to development standards that maintain single-family
neighborhood characteristics.

Source: Section 13-2-45; Ord. 990225-70; Ord. 031211-11

CO: The purpose of a conditional overlay (CO) combining district is to
modify use and site development regulations to address the specific
circumstances presented by a site.

A CO combining district may be used to:

Promote compatibility between competing or potentially incompatible uses

Ease the transition from one base district to another

Address land uses or sites with special requirements

Guide development in unique circumstances

Source: Section 13-2-120; Ord. 990225-70; Ord. 031211-11.

Use and site development regulations imposed by a CO combining district
must be more restrictive than the restrictions otherwise applicable to
the property.

A regulation imposed by a CO combining district may:

Prohibit permitted, conditional, and accessory uses otherwise authorized
in the base district or make a permitted use a conditional use

For a mixed use (MU) combining district, prohibit or make conditional a
use that is otherwise permitted by HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll?f=id$id=Austin%20City%20Code%3Ar
%3A5c3d$cid=texas$t=document-frame.htm$an=JD_Chapter25-2$3.0" \l
"JD_Chapter25-2" Chapter 25-2 , HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll?f=id$id=Austin%20City%20Code%3Ar
%3A5c3d$cid=texas$t=document-frame.htm$an=JD_Chapter25-2,SubchapterE$3.0
" \l "JD_Chapter25-2,SubchapterE" Subchapter E , Section HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll?f=id$id=Austin%20City%20Code%3Ar
%3A5c3d$cid=texas$t=document-frame.htm$an=JD_Chapter25-2,SubchapterE,4.2
.1$3.0" \l "JD_Chapter25-2,SubchapterE,4.2.1" 4.2.1 (Mixed Use Zoning
Districts);

Decrease the number or average density of dwelling units that may be
constructed on the property

Increase minimum lot size or minimum lot width requirements

Decrease maximum floor to area ratio

Decrease maximum height

Increase minimum yard and setback requirements

Decrease maximum building or impervious coverage

Restrict access to abutting and nearby roadways and impose specific
design features to ameliorate potentially adverse traffic impacts

Restrict any other specific site development regulation required or
authorized by this title.

Source: Section 13-2-121; Ord. 990225-70; Ord. 031211-11; Ord.
20060518-059.

NP: Neighborhood planning provides an opportunity for citizens to take
a proactive role in the planning process and decide how their
neighborhoods will move into the future while addressing land use,
zoning, transportation and urban design issues. The purpose of a
neighborhood plan (NP) combining district is to allow infill development
by implementing a neighborhood plan that has been adopted by the council
as an amendment to the comprehensive plan.

Source: Ord. 000406-81; Ord. 990225-70; Ord. 031211-11.

The Hancock Neighborhood currently has a Neighborhood Plan Combining
District in place. Please reference City of Austin Ordinance #040826-59
to see the Neighborhood Plan Combining District for the Hancock
Neighborhood Area.

You can find this ordinance on the City's Website: HYPERLINK
"http://www.cityofaustin.org/edims/document.cfm?id=82818"
http://www.cityofaustin.org/edims/document.cfm?id=82818

The Conditional Overlays that are currently affecting the Perry Estate
property can be found in the aforementioned Ordinance #040826-59, and
are as follows:

Part 2, on page 7 of the Ordinance shows the Tract which applies to the
Perry Estate Property: Tract #2058 for the address of record at the
City, which is 710 E. 41st St.

Part 7, on page 9 of the Ordinance shows the CO's, or Conditional
Overlays, that currently exist for Tract #2058, which are as follows:

The maximum height of a building or structure is 30 feet from the ground
level

A building or structure may not exceed a height of two (2) stories

What are the Allowed Uses under the Current Zoning
classification for the Perry Estate Property:

The Permitted Residential Uses that fall under the Current Zoning for
the Perry Estate Property are as follows:

Bed and Breakfast (Group 1): use of a residential structure to provide
rooms for temporary lodging for overnight guests on a paying basis.

Duplex Residential: use of a site for two dwelling units within a single
building, other than a mobile home

Retirement Housing (Small Site): use of a site for 3 to 12 dwelling
units designed and marketed specifically for the elderly, the physically
handicapped, or both.

Single Family Attached Residential: use of a site for two dwelling
units, each located on a separate lot, that are constructed with common
or abutting walls or connected by a carport, garage, or other structural
element.

Single Family Residential: use of a site for only one dwelling unit,
other than a mobile home.

Two Family Residential: use of a lot for two dwelling units, each in a
separate building, other than a mobile home.

Source: All above definitions of Residential Use were provided via the
City of Austin's Land Development Code, 25-2-3, which can be found at
the following web link: HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofa
ustintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc"
http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofau
stintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc

The one Commercial Use that is CONDITIONALLY Allowed under the Current
Zoning for the Perry Estate Property is as follows:

Special Use Historic: use that complies with the requirements of Section
HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll?f=id$id=Austin%20City%20Code%3Ar
%3A5c3d$cid=texas$t=document-frame.htm$an=JD_25-2-807$3.0" \l
"JD_25-2-807" 25-2-807 (Special Use In Historic Districts)

Section HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll?f=id$id=Austin%20City%20Code%3Ar
%3A5c3d$cid=texas$t=document-frame.htm$an=JD_25-2-807$3.0" \l
"JD_25-2-807" 25-2-807 states: This section applies to a site if:

the structure and land are zoned as a historic landmark (H) or historic
area (HD) combining district;

NOTE: The Perry Estate Property is not currently zoned H or HD.

the property is owned and operated by a non-profit entity

the property is directly accessible from a street with at least 40 feet
of paving

the site has at least one acre of contiguous land area

at least 80 percent of the required parking is on site

a single commercial use does not occupy more than 25 percent of the
gross floor area

civic uses occupy at least 50 percent of the gross floor area

the property owner does not discriminate on the basis of race, color,
religion, sex, national origin, sexual orientation, age, or physical
disability in leasing the property.

Source: All above definitions of Commercial Use were provided via the
City of Austin's Land Development Code, 25-2-3, which can be found at
the following web link: HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofa
ustintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc"
http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofau
stintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc =

If not otherwise permitted in the base district, the following are
conditional uses on a site described in the immediately preceding
section:

administrative and business offices;

general retail sales (convenience);

indoor entertainment;

restaurant (limited) without drive-in service; and

cultural services

Source: Sections 13-2-1 and 13-2-234; Ord. 990225-70; Ord. 000309-39;
Ord. 031211-11; Ord. 031211-41; Ord. 041202-16.

The Agricultural Uses that are Allowed under the Current Zoning for the
Perry Estate Property are as follows:

Community Garden: use of a site for growing or harvesting food crops or
ornamental crops on an agricultural basis, by a group of individuals for
personal or group use, consumption or donation.

Urban Farm: use of an urban site for the production and sale of organic
agricultural products.

Source: All above definitions of Agricultural Use were provided via the
City of Austin's Land Development Code, 25-2-3, which can be found at
the following web link: HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofa
ustintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc"
http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofau
stintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc

The Civic Uses that are Allowed under the Current Zoning for the Perry
Estate Property are as follows:

Communication Service Facilities: use of a site for the transmission,
transfer, or distribution of telephone service and related activities.

Day Care Services (Limited): use of a site for the provision of daytime
care for six persons or less. This use includes nursery schools,
preschools, day care centers for children or adults, and similar uses,
and excludes public and private primary or secondary educational
facilities.

Family Home: use of a site for the provision of a family-based facility
providing 24 hour care in a protected living arrangement with not more
than two supervisory personnel and not more than six residents who are
suffering from orthopedic, visual, speech, or hearing impairments,
Alzheimer's disease, pre-senile dementia, cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes,
mental retardation, autism, or emotional illness.

Group Home Class 1 (Limited): use of a site for the provision of a
family-based facility providing 24 hour care in a protected living
arrangement for not more than 6 residents and 2 supervisory personnel.
This use includes foster homes, congregate living facilities for persons
60 years of age or older, maternity homes, and homes for persons with
physical or mental impairments not listed in the description of family
home use. Persons with physical or mental impairments are persons whose
impairments substantially limit one or more of the persons' major life
activities, who have a record of the impairment, or who are regarded as
having the impairment, as defined in the Americans with Disabilities
Act.

Public Primary Education Facilities: use of a site for a public school
offering instruction at the elementary school level in the branches of
learning and study required to be taught in the public schools of the
state.

Public Secondary Education Facilities: use of a site for a public school
offering instruction at the junior and senior high school levels in the
branches of learning and study required to be taught in the public
schools of the state.

Religious Assembly: use is regular organized religious worship or
religious education in a permanent or temporary building. The use
excludes private primary or secondary educational facilities, community
recreational facilities, day care facilities, and parking facilities. A
property tax exemption is prima facie evidence of religious assembly
use.

Source: All above definitions of Civic Use were provided via the City of
Austin's Land Development Code, 25-2-3, which can be found at the
following web link: HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofa
ustintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc"
http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofau
stintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc =

The Civic Uses that are CONDITIONALLY Allowed under the Current Zoning
for the Perry Estate Property are as follows:

Club or Lodge: use of a site for provision of meeting, recreational, or
social facilities by a private or nonprofit association, primarily for
use by members and guests. This use includes private social clubs and
fraternal organizations.

College and University Facilities: use of a site as an educational
institution of higher learning that offers a course of study designed to
culminate in the issuance of a degree in accordance with the Texas
Education Code.

Community Events: use described in Local Government Code Chapter 334 as
permitted for an "approved venue project", except for a hotel,
zoological park, museum, or aquarium. The use includes the sale of
alcoholic beverages.

Community Recreation (Public): use of a site for the provision of an
indoor or outdoor recreational facility for use by the general public,
but not for economic gain.

Community Recreation (Private): use of a site for the provision of an
indoor or outdoor recreational facility for use by residents or guests
of a residential development, planned unit development, church, private
primary or secondary educational facility, club or lodge, or non-profit
organization.

Cultural Services: use of a site for a library, museum, or similar
facility.

Day Services (General): use of a site for the provision of daytime care
for more than 6 but not more than 20 persons. This use includes nursery
schools, pre-schools, day care centers for children or adults, and
similar uses, and excludes public and private primary or secondary
educational facilities.

Day Services (Limited): use of a site for the provision of daytime care
for six persons or less. This use includes nursery schools,
preschools, day care centers for children or adults, and similar uses,
and excludes public and private primary or secondary educational
facilities.

Group Home Class 1 (General): use of a site for the provision of a
family-based facility providing 24 hour care in a protected living
arrangement for more than 6 but not more than 15 residents and not more
than 3 supervisory personnel. This use includes foster homes, homes for
the physically and mentally impaired, homes for the developmentally
disabled, congregate living facilities for persons 60 years of age or
older, maternity homes, emergency shelters for victims of crime, abuse,
or neglect, and residential rehabilitation facilities for alcohol and
chemical dependence.

Local Utility Services: use of a site for the provision of services that
are necessary to support the development in the area and involve only
minor structures including lines and poles.

Private Primary Education Facilities: use of a site for a private or
parochial school offering instruction at the elementary school level in
the branches of learning and study required to be taught in the public
schools of the state.

Private Secondary Education Facilities: use of a site for a private or
parochial school offering instruction at the junior and senior high
school levels in the branches of learning and study required to be
taught in the public schools of the state.

Safety Services: use of a site for provision of public safety and
emergency services, and includes police and fire protection services and
emergency medical and ambulance services.

Telecommunications Tower: use of a site for provision of a structure
built exclusively to support one or more antennae for receiving or
transmitting electronic data or telephone communications.

Source: All above definitions of Civic Use were provided via the City of
Austin's Land Development Code, 25-2-3, which can be found at the
following web link: HYPERLINK
"http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofa
ustintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc"
http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofau
stintexas?f=templates$fn=default.htm$3.0$vid=amlegal:austin_tx$anc =

3 - Clark Lyda's Development Narrative for the Commodore Perry Estate

Perry Estate, LLC

P.O. Box 161148

Austin, Texas 78716

February 10, 2013

Dear Neighbors:

As you know, the Perry Estate is one of the few remaining grand estates
in Austin. In addition to being the home of ``Commodore'' Edgar Perry
and his family, it was also a second home to many Austin children,
including me, during its many lives as a private school, and is
remembered fondly by many guests as the home to many weddings and
special events since 1928. For these reasons and more, it is one of the
centerpieces of Austin's oldest and most vibrant neighborhoods. We
believe that the attached development standards for the Estate, which
were negotiated and created in conjunction with the HNA Perry Estate
Committee, both preserve and honor this history.

When planning the future of the Estate, our main considerations were:

compatibility with the adjacent neighbors and the larger neighborhood

preservation of the historic character of the Estate

sustainability - environmental, economic, and social

The following provisions are common to all proposed uses of site:

historic zoning of 1928-era structures and sunken garden

new 8' stone wall and landscape buffer along north and west property
lines

25' setback from north and west property lines

residential use only within 100' of north property line

residential use only west of Waller Creek

maximum height of 30'/two stories

We have intentionally preserved some flexibility in our zoning proposal
so that our ultimate development can be responsive to the market within
the confines of the attached development standards, but in every case
our proposed development of the Estate includes use of the upper grounds
(including the mansion, chapel, and formal gardens) for special events
such as weddings, social and charitable events, meetings, retreats, and
conferences. The plan also includes a destination farm-to-table fine
dining restaurant that will use produce from the urban farm located on
the Estate along Waller Creek. We hope you will find that the
development standards both minimize and mitigate any perceived negative
effects of these uses, for both our adjacent neighbors and the
neighborhood as a whole, through a variety of restrictive measures,
including the most-advanced and restrictive sound abatement in use in
the City of Austin.

Four additional uses are permitted by our zoning proposal, either as
standalone uses or in combination: urban village residential, small
luxury lodging, senior housing, and educational. Any of these uses
would be designed to completely screen themselves from the existing
neighbors to the north and west - both visually and aurally - through a
combination of walls, landscaped buffers, transitional uses, and sound.


One possible development plan would include approximately 25
single-family residences clustered around the northern and western
perimeter of the Estate surrounding approximately 50 small luxury hotel
bungalows - individual buildings clustered around courtyards, fountains,
and gardens. Both the residential and hotel units would have access to
all hotel facilities and services including the special event spaces,
restaurant, grounds, room service, and housekeeping. The goal of this
plan would be to create a private and lush enclave - a 10-acre urban
oasis for residents and guests - in the center of Austin.

Other possible developments would include senior housing and/or
educational components, but in any event the resulting development would
be residential in scale and appearance and designed to be unobtrusive
and compatible with the existing neighborhood.

We look forward to the opportunity to present and discuss the detailed
development standards negotiated with your HNA.

Respectfully,

Perry Estate, LLC

By: Clark Lyda

4 - The Developer's Zoning and Development Standards Document for the
Change of Use and Re-zoning of the Commodore Perry Estate:

The committee has seen multiple revisions of this Zoning and Development
Standards Document throughout our more than a year's worth of meetings
with Mr. Clark Lyda and his attorney, Mr. David Hartman. The committee
has sought to negotiate restrictions for the satisfactory agreements and
safeguards on land use for the Commodore Perry Estate, and in doing so,
the committee has worked diligently to present to Mr. Lyda and Mr.
Hartman the feedback which we have been provided by our fellow
neighbors. It is that feedback which has helped to shape this document.


The following Zoning and Development Standards Document is
representative of Mr. Lyda's proposal for the re-zoning and
re-development of the Perry Estate Property.

Commodore Perry Estate - ZONING and Development STANDARDS

Tract 1: from east property line to middle wall

Tract 2: from middle wall to centerline of Waller Creek

Tract 3: from centerline of Waller Creek to west property line

Existing Zoning: Proposed Zoning:

SF-3-CO-NP Tract 1: GR-CO-MU-H-NP

COs and Restrictive Covenants specific to Tract 1

Historic zoning for mansion, carriage house, and sunken garden

Tract 2: GR-CO-MU-H-NP

COs and Restrictive Covenants specific to Tract 2

Historic zoning for cottage, bowling alley, and bridge

Tract 3: SF-6-CO-MU-NP

COs and Restrictive Covenants specific to Tract 3

Existing FLUM: Proposed FLUM:

Civic Tract 1: Mixed Use

Tract 2: Mixed Use

Tract 3: Higher Density Single Family

Uses:

The following chart sets forth permitted uses in each tract pursuant to
CO to the rezoning ordinance; all other uses will be prohibited.

PERRY ESTATE -- ZONING USE SUMMARY TABLE

P = Permitted Use C = Conditional Use Permit X = Not Permitted

TRACT 1 TRACT 2 TRACT 3

Art Gallery P P X

Art Workshop P P X

Bed and Breakfast, Group I & II P X X

Single Family Residential P P P

Condominium Residential P P P

Urban Farm X P C*

Private Primary Educational Facilities P P P

Private Secondary Educational Facilities P P P

Hotel-Motel P P X

Indoor Entertainment P X X

Restaurant (General) P X X

Congregate Living P** P** P**

Group Home, Class I & II P*** P*** P***

Religious Assembly P P P

Conditional Use Permit for Outdoor Entertainment C C X

Subterranean and Above-Ground Parking P P P

* Code provides that Urban Farm in SF zoning is conditional use.



** Required for senior housing uses.

*** City staff indicates that due to federal law this cannot be
restricted via ordinance or public restrictive covenant.

Regardless, we will eliminate this use via private restrictive
covenant.





The following uses otherwise permitted in GR pursuant to City Code shall
be prohibited:

Administrative and Business Offices;; Automotive Rentals; Automotive
Repair Services; Automotive Sales; Automotive Washing (of any type);
Bail Bond Services; Business or Trade School; Business Support Services;
Commercial Off-Street Parking; Communications Services; Consumer
Convenience Services; Consumer Repair Services; Drop-Off Recycling
Collection Facility; Exterminating Services; Financial Services; Food
Preparation; Food Sales; Funeral Services; General Retail Sales
(Convenience); General Retail Sales (General); Indoor Sports and
Recreation; Medical Offices (exceeding 5k sq. ft. gross floor area);
Medical Offices (not exceeding 5k sq. ft. gross floor area); Off-Site
Accessory Parking; Outdoor Sports and Recreation; Pawn Shop Services;
Pet Services; Printing and Publishing; Professional Office; Research
Services; Restaurant (Limited); Service Station; Software Development;
Theater; College and University Facilities; Communication Service
Facilities; Community Events; Community Recreation (Private); Community
Recreation (Public); Counseling Services; Cultural Services; Day Care
Services (Commercial); Day Care Services (General); Day Care Services
(Limited); Family Home; Guidance Services; Hospital Services. (Limited);
Local Utility Services; Public Primary Educational Facilities; Public
Secondary Educational Facilities; Residential Treatment; Safety
Services; Telecommunication Tower.

Development Standards:

Tracts 1, 2 and 3:

Height, number/size, impervious cover.

Maximum building height of a new building or structure is generally 30
feet from finished grade and two stories (except for existing structures
on Tract 1, and except for residential structures similar to those
depicted on the Ross Chapin residential concept plan on Tract 2),
measured in accordance with typical City of Austin methodology.
Subterranean parking is not counted as a story in connection with the
foregoing two-story height limit.

Maximum impervious cover of total project shall not exceed 45% of gross
site area.

Maximum number of units on Tracts 1 and 2 combined shall be 75, and no
more than 55 of those may be hotel units. No more than 40 of those
hotel units may be located on Tract 2. (Applicable to Tracts 1 and 2,
only)

Only residential uses are allowed within 100 feet of the north property
line of Tracts 1 and 2, except for the easternmost 250' of Tract 1.

Massing of residential buildings within 100' of the north property line:

Buildings shall be maximum of 2 stories, and shall not exceed 30 feet
high from finished grade, measured in accordance with typical City
methodology.

Buildings shall maintain single-family detached, rowhouse or townhouse
massing and scale; units may share common walls.

Buildings shall avoid use of continuous or unbroken wall plane along
northern building faces.

First tier of buildings along north property line must be not more than
80 feet wide, as measured along the side of the buildings that are most
parallel to the north property line. Residential buildings within 100'
of the northern property line shall not exceed a maximum building size
of 10,000 square feet per building and individual buildings shall not
contain more than four residential units (Applicable to Tracts 1 and 2
only). See Setbacks Exhibit.

Hotel units shall each contain a minimum of 400 sq. ft. of conditioned
space per unit. (Applicable to Tracts 1 and 2, only)

Residential units shall contain a maximum of 4,500 square feet of
conditioned space per unit. Duplexes and triplexes (defined as two or
three units sharing a common wall(s) and intended to be occupied by an
owner and one or more tenants) shall be prohibited.

Buffering and screening.

A 25 foot setback shall be established along the north and west property
line, regardless of use or zoning of the subject tract. See Setbacks
Exhibit.

Existing perimeter stone wall will be restored and preserved.

Following issuance of City permits for construction of residential
and/or hotel units, a new 8' high stone wall will be constructed along
north and west property lines except in the floodplain. A similar wall
or fence will be constructed along the portion of the north and west
property line that is in the floodplain to the extent allowed by City
regulations.

Construction of new wall/vegetative buffer will be completed as a
construction first phase priority within 180 days following commencement
of construction of new hotel and/or residential units.

All non-residential mechanical equipment shall be located a minimum of
50' from any off-site single-family lot and ground level mechanical
equipment shall be screened by a solid wall at least as tall as the
equipment or placed on the opposite side of a building from an adjacent
single-family lot. All non-residential roof-mounted/elevated mechanical
equipment will be screened from view from any adjacent off-site
single-family property.

Any roof deck will be oriented so that occupants do not have views to
residences along Park Blvd. and Peck.

Noise.

Primary demolition and excavation work for new construction will be
conducted on an accelerated schedule and completed within 120 days
following commencement of construction of new hotel and/or residential
units to reduce the period of time that such noise will be generated.

All trash will be picked up during daytime, between the hours of 8:00
a.m. to 8:00 p.m.

Signage.

Signs proposed for the areas of the site zoned Historic are subject to
review by the Historic Landmark Commission. Subject to further
review/modification by that Commission where applicable, signs visible
from Red River and/or 41st Street shall be subject to the following
limitations and design standards:

The site will be entitled to signs visible from the public streets at
the following locations with the corresponding restrictions set forth
below:

Red River service entrance - wall sign mounted flush or projecting from
wall or pole

Red River main entrance - two wall signs mounted flush or projecting
from wall or pole

Corner of 41st Street and Red River - existing pole sign

41st Street mansion sidewalk entrance - wall sign mounted flush or
projecting from wall

41st Street entrances - two wall signs mounted flush or projecting from
wall

With the exception of the existing pole sign at the corner of 41st
Street and Red River, all signs along 41st Street shall be mounted flush
or projecting from the wall (i.e., no pole signs). With the exception
of the existing pole sign at the corner of 41st Street and Red River, no
signs along 41st Street shall be illuminated except for the wall sign at
the 41st Street mansion pedestrian entrance, which may be illuminated
with landscape and/or indirect lighting.

Wall signs shall not exceed 20 square feet each. Projecting signs shall
not exceed 16 square feet each. The maximum letter height shall be 20
inches. The top of any pole or wall sign shall not exceed 14 feet above
street grade. The bottom of any projecting sign shall be at least 8
feet above the ground and the top of any projecting sign shall not
exceed 14 feet above the ground.

Sign color and design shall be moderate and in keeping with the
architectural character of the property and the residential
neighborhood.

Signs shall be constructed of wood, metal, and/or glass - no plastic
shall be allowed. No sign shall blink, flash, revolve, move, vary in
intensity, or appear to be in motion. Sign illumination shall be evenly
distributed and, with the exception of neon tubing, shall be concealed
from view.

Other.

Total vehicle trips shall not exceed 2,000 vehicle trips/day.

Developer to provide letter of credit (LOC) in the amount of $50,000.00
for the benefit of HNA providing for HNA enforcement costs of private
restrictive covenant, and will provide HNA evidence of annual renewal of
LOC.

Developer will install a sidewalk, street trees, and landscaping along
the west side of Red River St. from 41st Street to the north property
line, subject to City approval, prior to issuance of certificate of
occupancy for new hotel or residential units. (Applicable to Tract 1
only).

Developer will install a sidewalk, street trees, and landscaping along
the north side of 41st Street from Red River St. to the west property
line of the site, subject to City approval, prior to issuance of
certificate of occupancy of new hotel or residential units. Parallel
parking may be incorporated along this same area of 41st Street if
available public right-of-way will accommodate it, subject to City
approval.

Any street trees installed shall be a minimum of 5 caliper inches in
diameter measured 4 ? feet above natural grade, and shall be watered for
a minimum two years following installation. Any tree that dies within
two years of initial installation will be replaced by tree of minimum 5
caliper inches in diameter measured 4 ? feet above natural grade.

Developer will seek a license from the City of Austin to allow to
irrigate, landscape, and maintain the public right-of-way adjacent to
the property on 41st Street and Red River Street.

No pole-mounted parking lot or site lights will be used, and no service
lights that project onto adjacent property will be used.

Compatibility Restrictions per Land Development Code.

All development will comply with the Compatibility Provisions set forth
in Article 10, City of Austin Land Development Code along north and west
property lines adjacent to single family residences, including without
limitation:

No structure may be built within 25 feet of the SF property line.

No structure in excess of two stories or 30 feet in height may be
constructed within 50 feet of the property line.

Exterior lighting must be hooded or shielded so that the light source is
not directly visible from adjacent SF property.

The noise level of mechanical equipment may not exceed 70 db at the
property line.

Refuse receptacles, including a dumpster, may not be located 20 feet or
less from SF property.

The location of and access to a permanently placed refuse receptacle,
including a dumpster, must comply with guidelines published by the City.
The City shall review and must approve the location of and access to
each refuse receptacle on the property.

A highly reflective surface, including reflective glass and a reflective
metal roof with a pitch that exceeds a run of seven to a rise of 12, may
not be used, unless the reflective surface is a solar panel or copper or
painted metal roof.

An intensive recreational use, including a swimming pool, tennis court,
ball court, or playground, may not be constructed 50 feet or less from
adjoining SF property.

No parking or driveways are allowed within 25 feet of SF property line.

Tract 1:

Height, number/size, impervious cover.

Maximum indoor seating capacity of restaurant shall be 200.

Maximum number of attendees at an event held at the property will not
exceed 350 (including event participants, guests, and employees). Space
sufficient for on-site queuing of at least ten vehicles must be provided
on site. Adequate on-site parking must be provided to accommodate, or
agreements for sufficient overflow off-site parking spaces must be
entered into, or other arrangements must be provided (e.g. shuttle
van/bus/carpool) to accommodate maximum projected attendees.

Buffering and screening.

Please see Section A. above for applicable development standards.

Wedding and related outdoor activities, noise. Outdoor amplified sound
and outdoor non-amplified music sound shall be allowed subject to the
conditions and restrictions provided below:

Applicant will undertake detailed sound monitoring by a qualified
acoustical engineer of all events for a six month period beginning upon
issuance of the first certificate of occupancy on Tract 1. Following the
initial six month period, the results of the monitoring will be shared
with HNA and applicant's use of outdoor amplified sound and outdoor
non-amplified music sound shall be reviewed for compliance with
standards established hereinbelow, and shall be adjusted and modified if
necessary to achieve the standards. Applicant and HNA will meet every
six months thereafter to review performance during the previous six
months for compliance with agreed standards.

No outdoor amplified sound or outdoor non-amplified music sound will
occur on the property except in the following locations: (1) on the
south patio of the Mansion, and (2) in the sunken garden. See outdoor
amplified sound location exhibit.

All outdoor amplified sound shall be played through a ``house'' sound
system equipped with programmable, automated noise limiting or sound
level management capability that monitors and limits A-weighted noise
(dBA) and C-weighted noise (dBC) to the levels listed in Table 1.

All outdoor non-amplified music sound shall be monitored by a ``house''
sound monitoring system equipped with sound logging capability that
monitors A-weighted noise (dBA) and C-weighted noise (dBC) for
comparison with the levels listed in Table 1.

Outdoor amplified sound and non-amplified music sound levels shall be
measured at two or more different locations, each at a fixed distance
from the amplified source(s) and non-amplified stage equaling one or
more of the distance values listed in Table 1. Periodic sound data shall
be continuously logged over the duration of events to indicate
A-weighted noise (dBA) and C-weighted noise (dBC) levels comply with the
levels in Table 1. The logging period used for sampling data during
continuous monitoring shall be no less than 30 seconds and no greater
than 3 minutes. Logged data shall include the recorded levels of LeqA,
LmaxA, LeqC and LmaxC, the time of day, the logging period, the
averaging time constant (fast/slow), a description of the microphone
location, and the distance from microphone to the nearest amplified
sound or music sound source. Logged data shall be stored and kept for a
minimum of 365 days after it is recorded.

Outdoor noise from indoor amplified sound and non-amplified music sound
shall be monitored similarly for comparison with outdoor noise limits.

Non-amplified music instruments that shall be disallowed include the
following: brass instruments (trumpet, trombone, french horn, etc.),
drums of all types, cymbals, bagpipes, and other instruments that exceed
an average level of 85 dBA or 95 dBC measured at a distance of 3 feet
during loud (fortissimo) play.

Non-amplified music instruments that are allowed include the following:
piano, acoustic guitar, symphonic strings (violin, viola, cello, upright
bass), harp, drums played with brushes, woodwinds and brass instruments
played with mutes, and other instruments achieving an average noise
level of 85 dBA and 95 dBC at a distance of 3 feet during loud
(fortissimo) play.

The size of ensembles or groups performing non-amplified music shall be
no more than five performers at the same time.

Amplified outdoor sound, including voice, and outdoor non-amplified
music sound shall not exceed the following noise levels:

Table 1: Allowable Average (Leq) Noise Levels

Distance from loudspeaker or performance source/stage Day
(10:00am-7:00pm) Evening (7:00pm-10:00pm)

LeqA (dBA) LeqC (dBC) LeqA (dBA) LeqC (dBC)

7' 75 85 70 82

17' 70 80 65 77

30' 65 75 60 72

50' 60 70 55 67

100' 55 65 50 62

250' 50 60 45 57

Noise levels in Table 1 are intended to be measured as an equivalent
average (Leq) with a ANSI Type 1 or Type 2 sound level meter set to
"Fast" averaging (a 1/8-second time constant) for a duration of at least
30 seconds, or up to three (3) minutes, as needed to measure sound that
accurately represents continuous and recurring event noise in excess of
background sounds that may come from off-site. Peak noise levels (Lmax)
may be allowed to exceed the Leq levels in Table 1 by no more than 10
dB. If the sound level meter or monitoring device to be used does not
have a "Fast" averaging setting and can only be set to "Slow" averaging
(a 1-second time constant) the allowable values shall be reduced by 3
dB.

Hours for outdoor amplified sound shall be no earlier than 10:00am and
no later than the following: 8:00 pm Sunday through Thursday, 10:00 pm
on Friday and Saturday.

No waivers on restrictions regarding indoor and outdoor amplified sound
will be allowed during any music or film festivals held in Travis
County, Texas.

Signage.

Please see Section A. above for applicable development standards.

Other.

Service vehicles will enter/exit exclusively on Red River.

All service functions will occur inside a gated service court and
service building that will be located no more than 50' west of Red River
Street.

All deliveries and removals will occur inside the gated service court
during daytime hours using bob-tail or smaller vehicles and trash
containers will be ``swapped'' rather than dumped.

All trash will be stored inside the air-conditioned service building.

Access to 41st street from Tract 1 shall be limited to a crash gate for
secondary emergency access as required by City Code.

Tract 2:

Height, number/size, impervious cover.

Please see Section A. above for applicable development standards.

Buffering and screening.

Please see Section A. above for applicable development standards.

Noise.

Outdoor amplified sound will be prohibited on Tract 2.

Signage.

Please see Section A. above for applicable development standards.

Other.

Service vehicles for hotel uses will enter/exit exclusively on Red
River; service vehicles for residential uses will enter/exit from 41st
Street.

All service functions for hotel uses will occur inside a gated service
court and service building that will be located no more than 50' west of
Red River Street.

All deliveries and removals for hotel uses will occur inside the gated
service court during daytime hours using bob-tail or smaller vehicles
and trash containers will be ``swapped'' rather than dumped.

All trash for hotel uses will be stored inside the air-conditioned
service building.

Access to 41st street from Tract 2 for hotel uses shall be limited to a
crash gate for secondary emergency access as required by City Code;
access to 41st Street from Tract 2 for residential uses is permitted.

Compatibility Restrictions per Land Development Code.

Please see Section A. above for applicable development standards.

Tract 3:

Height, number/size, impervious cover.

Maximum number of units on Tract 3 shall be nine (9).

No units may share a common wall.

Massing of buildings along western property line:

Buildings shall be maximum of 2 stories, and shall not exceed 30 feet
high from finished grade, measured in accordance with typical City
methodology.

Buildings shall maintain single-family massing and scale along west
property line comparable to adjacent residences and surrounding
neighborhood.

Buildings shall maintain multiple sight lines from west property line to
the east; and shall avoid use of continuous or unbroken wall plane along
westernmost building faces.

First tier of buildings along west property line must be not more than
50 feet wide, as measured along the side of the buildings that are most
parallel to the western property line.

Buildings along west property line must be at least 10 feet apart from
another building, as measured from wall face to wall face, and shall
face easterly.

Buffering and screening.

Please see Section A. above for applicable development standards.

Noise.

Outdoor amplified sound will be prohibited on Tract 3.

Signage.

Please see Section A. above for applicable development standards.

Other.

Service vehicles will enter/exit from 41st Street.

This Marks the End of the Developer's

Zoning and Development Standards Document

__________________________________________________

City of Austin Land Use Definitions for the PROPOSED, to-be Permitted
Residential Uses on the Perry Estate Property:

Bed and Breakfast (Groups 1 & 2): use of a residential structure to
provide rooms for temporary lodging for overnight guests on a paying
basis.

Note: Bed and Breakfast Group 1 is currently a permitted use under the
property's existing zoning designation. Bed and Breakfast Group 2 is
NOT currently permitted under the property's existing zoning
classification.

Note: This use to be permitted on Tract 1 only

Condominium Residential: use of a site for attached or detached
condominiums, as defined in the Texas Property Code.

Note: Condominium Residential is NOT currently a permitted use under the
property's existing zoning designation.

Note: This use is to be permitted on all 3 tracts

Single Family Residential: use of a site for only one dwelling unit,
other than a mobile home

Note: Single Family Residential is currently a permitted use under the
property's existing zoning designation.

Note: This use to be permitted on all 3 tracts

City of Austin Land Use Definitions for the PROPOSED, to-be Permitted
Commercial Uses on the Perry Estate Property. Please see the
developer's chart regarding permitted uses for each of the three
proposed, distinct tracts :

Art Gallery: use of a site for the display or sale of art

Note: This use is NOT currently a permitted use under the property's
existing zoning designation.

Note: This use to be permitted on Tracts 1 and 2

Art Workshop: use of a site for the production of art or handcrafted
goods, and it includes the incidental sale of the art produced.

Note: This use is NOT currently a permitted use under the property's
existing zoning designation.

Note: This use to be permitted on Tracts 1 and 2

Hotel-Motel: use of a site for the provision of rooms for temporary
lodging. This use includes hotels, motels, and transient boarding
houses.

Note: This use is NOT currently a permitted use under the property's
existing zoning designation.

Note: This use to be permitted on Tracts 1 and 2

Indoor Entertainment: use is a predominantly spectator use conducted
within an enclosed building. This use includes meeting halls and dance
halls.

Note: This use is NOT currently a permitted use under the property's
existing zoning designation.

Note: This use to be permitted on Tract 1 only

Outdoor Entertainment: use is a predominantly spectator use conducted in
open, partially enclosed, or screened facilities. This use includes
sports arenas, racing facilities, and amusement parks.

Note: This use is NOT currently a permitted use under the property's
existing zoning designation.

Note: This is a CONDITIONAL use permit to be applied for on Tracts 1 and
2 only, and that is to be renewed with the City on an annual basis.

Note: You will find the following restriction in the developer's hand
out titled Zoning and Development Standards Document, elsewhere in this
report:

``No outdoor amplified sound or outdoor non-amplified music sound will
occur on the property except in the following locations: (1) on the
south patio of the Mansion, and (2) in the sunken garden. See outdoor
amplified sound location exhibit.''

Restaurant (General): use of a site for the preparation and retail sale
of food and beverages and includes the sale and on-premises consumption
of alcoholic beverages as an accessory use.

Note: This use is NOT currently a permitted use under the property's
existing zoning designation.

Note: This will only be applied to Tract 1

City of Austin Land Use Definitions for the PROPOSED, to-be Permitted
Agricultural Uses on the Perry Estate Property. Please see the
developer's chart regarding permitted uses for each of the three
proposed, distinct tracts :

Urban Farm: use of an urban site for the production and sale of organic
agricultural products.

Note: This use is conditionally permitted under the property's existing
zoning designation.

Note: This use will be Permitted on Tract 2 and will be Conditionally
permitted on Tract 3

City of Austin Land Use Definitions for the PROPOSED, to-be Permitted
Civic Uses on the Perry Estate Property. Please see the developer's
chart regarding permitted uses for each of the three proposed, distinct
tracts :

Congregate Living: use of a site for the provision of 24 hour
supervision and assisted living for more than 15 residents not needing
regular medical attention. This use includes personal care homes for
the physically impaired, mentally retarded, developmentally disabled, or
persons 60 years of age or older, basic child care homes, maternity
homes, and emergency shelters for victims of crime, abuse, or neglect.

Note: This use is NOT currently a permitted use under the property's
existing zoning designation.

Note: This use will be permitted on all 3 tracts

Group Home Class I (General): use is the use of a site for the provision
of a family-based facility providing 24 hour care in a protected living
arrangement for more than 6 but not more than 15 residents and not more
than 3 supervisory personnel. This use includes foster homes, homes for
the physically and mentally impaired, homes for the developmentally
disabled, congregate living facilities for persons 60 years of age or
older, maternity homes, emergency shelters for victims of crime, abuse,
or neglect, and residential rehabilitation facilities for alcohol and
chemical dependence.

Note: This use is conditionally permitted under the property's existing
zoning designation.

Note: This use will be prohibited via Private Restrictive Covenant...***
``City staff indicates that due to federal law this cannot be restricted
via ordinance or public restrictive covenant. Regardless, the developer
will eliminate this use via private restrictive covenant.''

Group Home Class I (Limited): use of a site for the provision of a
family-based facility providing 24 hour care in a protected living
arrangement for not more than 6 residents and 2 supervisory personnel.
This use includes foster homes, congregate living facilities for persons
60 years of age or older, maternity homes, and homes for persons with
physical or mental impairments not listed in the description of family
home use. Persons with physical or mental impairments are persons whose
impairments substantially limit one or more of the persons' major life
activities, who have a record of the impairment, or who are regarded as
having the impairment, as defined in the Americans with Disabilities
Act.

Note: This use is permitted under the property's existing zoning
designation.

Note: This use will be prohibited via Private Restrictive Covenant...***
``City staff indicates that due to federal law this cannot be restricted
via ordinance or public restrictive covenant. Regardless, the developer
will eliminate this use via private restrictive covenant.''

Group Home Class II: use of a site for the provision of a family-based
facility providing 24 hour care in a protected living arrangement for
not more than 15 residents and not more than 3 supervisory personnel.
This use includes homes for juvenile delinquents, halfway houses
providing residence instead of institutional sentencing, and halfway
houses providing residence to those needing correctional and mental
institutionalization.

Note: This use is not permitted under the property's existing zoning
designation.

Note: This use will be prohibited via Private Restrictive Covenant...***
``City staff indicates that due to federal law this cannot be restricted
via ordinance or public restrictive covenant. Regardless, the developer
will eliminate this use via private restrictive covenant.''

Private Primary Education Facilities: use of a site for a private or
parochial school offering instruction at the elementary school level in
the branches of learning and study required to be taught in the public
schools of the state.

Note: This use is conditionally permitted under the property's existing
zoning designation.

Note: This use will be permitted on all 3 tracts

Private Secondary Education Facilities: use of a site for a private or
parochial school offering instruction at the junior and senior high
school levels in the branches of learning and study required to be
taught in the public schools of the state.

Note: This use is conditionally permitted under the property's existing
zoning designation.

Note: This use will be permitted on all 3 tracts

Religious Assembly: use is regular organized religious worship or
religious education in a permanent or temporary building. The use
excludes private primary or secondary educational facilities, community
recreational facilities, day care facilities, and parking facilities. A
property tax exemption is prima facie evidence of religious assembly
use.

Note: This use is permitted under the property's existing zoning
designation.

Note: This use will be permitted on all 3 tracts

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