Item 28 for the Council agenda of 4/7/16: Dabney-Horne (RCA)

[Joi Harden]

MPT Tovo is still weighing this request to amend the restrictive covenant to allow removal of the Dabney-Horne house, but she has worked with the developers to codify the commitments they made during the meeting in the form of additional amendments to the restrictive covenant. These amendments are as follows:

1. Unified Development. For purposes of site plan review, modification, or approval by the City of Austin a home-rule municipal corporation located in Travis, Hays, and Williamson Counties, State of Texas, the Shoal Cliff Court Property shall be constructed as a unified development/single site (“Unified Development”). Any proposed modifications to Tract One and/or Tract Two or any portion of either Tract shall be construed as a modification of the Unified Development, in accordance with the provisions of the Land Development Code of the City of Austin. This section includes, but is not limited to, the extent of impervious coverage, parking, and landscaping and use restrictions applicable to the Unified Development Property. As of the Effective Date, the Shoal Cliff Court Property is a single site in perpetuity, and is not and will not be subject to subdividing or division by Owner under any circumstances.

2. The Dabney-Horne House existing on the Shoal Cliff Court Property on the date of recordation of this restrictive covenant shall be retained on the Shoal Cliff Court Property and any rehabilitation work on the structure shall meet the Secretary of the Interior Standards and Guidelines (36 CFR 67).

3. The Clyde Littlefield House existing on the Shoal Cliff Court Property on the date of execution of this restrictive covenant shall be retained on the Shoal Cliff Court Property and any rehabilitation work on the structure shall meet the Secretary of the Interior Standards and Guidelines (36 CFR 67).

4. Owner shall make a good faith effort to relocate the structure or salvage the historical architectural features and materials of the structure of the Existing House.

5. Within thirty (30) days of the relocation of the Dabney-Horne House to the Shoal Cliff Court Property, Owner shall initiate an historic zoning case for Tract One. Owner agrees not to protest the historic zoning case and further understands that this document provides no guarantee of approval of the zoning case by City Council.

Note: The Unified Development Agreement (mentioned in item #1 above) is required because the Dabney-Horne house will cross over the lot line. An exhibit will be provided.