C-1 C16-2021-0008 ADV PACKET PART1

Board of Adjustment – Sept. 13, 2021

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CITY OF AUSTIN Board of Adjustment Decision Sheet C-1 DATE: August 9, 2021 CASE NUMBER: C16-2021-0008 _______Thomas Ates _______Brooke Bailey _______Jessica Cohen _______Melissa Hawthorne (ABSTAINING) _______Barbara Mcarthur _______Rahm McDaniel _______Darryl Pruett (no show) _______Agustina Rodriguez _______Richard Smith _______Michael Von Ohlen (out) _______Nicholl Wade _______Kelly Blume (Alternate) _______Carrie Waller (Alternate) _______Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. August 9, 2021 POSTPONED TO September 13, 2021 BY APPLICANT FINDING: C-1/11. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: because: OR, OR, AND, ______________________________ Elaine Ramirez Executive Liaison _______________________for__ Jessica Cohen Chairman C-1/2CITY OF AUSTIN Board of Adjustment Decision Sheet E-1 CASE NUMBER: C16-2021-0008 DATE: June 14, 2021 ___Y____Thomas Ates ___Y____Brooke Bailey ___Y____Jessica Cohen ___-____Melissa Hawthorne Abstain ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Agustina Rodriguez ___-____Michael Von Ohlen ___Y____Nicholl Wade ___-____Vacant ___-____Kelly Blume (Alternate) ___Y____Carrie Waller (Alternate) ___-____Vacant (Alternate) APPLICANT: Leah Bojo OWNER: The Standard at Austin, LLC ADDRESS: 715 W 23RD ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 6 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: BOA JUNE 14, 2021 MEETING June 14, 2021 The public hearing was closed by Chair Jessica Cohen, Board Member Darryl Pruett motions to Postpone to August 9, 2021; Board Member Brooke Bailey seconds on a 9-0 vote (Board member Melissa Hawthorne abstained); POSTPONED TO AUGUST 9, 2021. FINDING: C-1/31. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: ______________________________ Elaine Ramirez Executive Liaison Jessica Cohen ____________________________ Chairman Diana Ramirez for C-1/4August 2, 2021 Ms. Elaine Ramirez Planner Senior / Board of Adjustment Liaison 6310 Wilhelmina Delco Dr., Austin, Texas 78752 Elaine.Ramirez@austintexas.gov Re: 715 W 23rd Street (C16-2021-0008) – Postponement request for the variance application associated with the property located at 715 W 23rd Street (the “Property”) As representatives of the owner of the Property, we respectfully request a postponement for the variance application relating to the Property from the Austin 9, 2021 Board of Adjustment to the September 13, 2021 Board of Adjustment meeting. Please let me know if you have any questions or if we can provide any additional information. Thank you for your time and attention to this matter. Dear Ms. Ramirez: Sincerely, Leah M. Bojo Director of Land Use & Entitlements Drenner Group, P.C. C-1/5Advanced Packet Table of Contents Ordinance No. 20070726‐132………………………………………………………………………………………………………..Tab 1  Permits wall signs of building names without limitation on illumination or height (page 2 of 2). Ordinance No. 20170817‐072…………………………………………………………………………………………………………Tab 2  Prohibits all signs above second floor of a building, except for non‐electric signs that are “engraved, cut into the building surface, or otherwise inlaid to become part of the building.” (page 14 of 17). Sign Variance Decision Sheet – C16‐2018‐0002 (507 W 23rd Street)………………………………………………Tab 3  Grants electric and non‐engraved sign above second story in 2018. Sign Variance Decision Sheet – C16‐2018‐0007 (510 W 26th Street)……………………………………………….Tab 4  Grants electric and non‐engraved sign above second story in 2018. Sign Permit – 2019‐078877 SB (1909 Rio Grande Street)………………………………………………………………..Tab 5  Permit for illuminated sign above second story submitted in April 2019. Ordinance No. 20191114‐067………………………………………………………………………………………………………….Tab 6  Prohibited all illuminated signs but allowed signs above second floor (page 7 of 8). Staff Report………………………………………………………………………………………………………………………………………Tab 7  Staff recommendation to allow amendment to read “[A]n on premise sign is allowed.” (page 13). Sign Variance Decision Sheet – C16‐2021‐0005 (2237 W Braker Lane)………………………….……………..…Tab 8  Grants variance for illuminated wall signs above second story in 2021. Sign Variance Decision Sheet – C16‐2020‐0002 (2600 Brockton Avenue)………………………………………..Tab 9  Grants illuminated wall signs above second story in 2021. C-1/6TAB 1 ORDINANCE NO. 20070726-132 AN ORDINANCE AMENDING SECTION 25-2-763 AND CHAPTER 25-10 OF THE CITY CODE RELATING TO SIGN REGULATIONS FOR THE UNIVERSITY NEIGHBORHOOD OVERLAY DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 25-2-763 (Certain Regulations Inapplicable Or Superseded) of the City Code is amended to add Subsection (D) to read: (D) Special regulations governing signs in university neighborhood overlay district are in Section 25-10-133 (University Neighborhood Overlay Zoning District Signs). PART 2. Chapter 25-10 (Sign Regulations) of the City Code is amended to add Section 25-10-133 to read: § 25-10-133 UNIVERSITY NEIGHBORHOOD OVERLAY ZONING DISTRICT SIGNS. (A) This section applies to property that is: (1) within the university neighborhood overlay (UNO) zoning district; and (2) outside a historic sign district. (B) This section supersedes the other provisions of this article to the extent of conflict. (C) A sign may not exceed 100 square feet of sign area, except that this limitation does not apply along the following roadways: (1) Guadalupe Street, from Martin Luther King, Jr. Blvd. to West 29th Street; (2) West 24lh Street, from Guadalupe Street to Leon Street; (3) Martin Luther King, Jr. Blvd., from Pearl Street to the alley one block east of University Avenue; and (4) West 29lh Street, from Guadalupe Street to Rio Grande Street. (D) A. freestanding sign is prohibited. Page 1 of2 C-1/7(E) A roof sign is prohibited. (F) A sign is prohibited above the second floor of a building, except for a sign that displays only the building name. (G) A wall sign may be a projecting sign if the sign complies with this subsection. (1) One projecting sign for each building facade is permitted. (2) The sign area of a projecting sign may not exceed 35 square feet. (3) A sign may extend from the building facade not more than the lesser of: (a) six feet; or the sign. (b) a distance equal to two-thirds the width of the abutting sidewalk. (4) For a sign that projects over state right-of-way, the state must approve PART 3. Section 25-10-153 (Sidewalk Sign In Downtown Sign District) of the City Code is amended to amend the section name and Subsection (A) to read: § 25-10-153 SIDEWALK SIGNS [SIGN IN DOWNTOWN SIGN DISTRICT]. (A) A sidewalk sign is permitted in the downtown sign district or on property in the university neighborhood overlay (UNO) zoning district. PART 4. This ordinance takes effect on August 6, 2007. PASSED AND APPROVED July 26 2007 § § MiuWill Wy Mayor APPROVED: ATTEST: ^Tfavid Alla)& Smith City Attorney Shirley A. Gentry City Clerk Page 2 of 2 C-1/8TAB 2 AN ORDINANCE AMENDING CITY CODE CHAPTER 25-10 RELATING TO SIGN REGULATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Chapter 25-10, Article 1 {General Provisions) is amended to repeal Section 25-10-1 {Applicability) and replace it with a new Section 25-10-1 to read as follows; to add a new Section 25-10-2 to read as follows; and to renumber the remaining sections of Article 1 accordingly: § 25-10-1 PURPOSE AND APPLICABILITY. (A) This chapter establishes a comprehensive system for the regulation of signs within the City of Austin and its extraterritorial jurisdiction, to serve the following purposes: (1) (2) (3) To protect the health, safety, and general welfare of the City and its residents and to implement the policies of the City's Comprehensive Plan. To allow adequate opportunity for free speech in the form of messages or images displayed on signs, while balancing that interest against public safety and aesthetic concerns impacted by signs. To ensure that the design, location, construction, illumination, installation, repair, and maintenance of signs: (a) Does not interfere with traffic safety or otherwise endanger public safety; (b) Enhances and protects the aesthetic value of the City by reducing visual clutter that is potentially harmful to property values, economic development, and quality of life; and (c) Is consistent with the character of districts in which the signs are located, including areas specially designated for historic, scenic or architectural value. C-1/9(5) Recognizing the unique impact of off-premise advertising on public safety, visual aesthetics, and quality of life, to restrict new off-premise signs and minimize the impact of existing off-premise signs. (6) To prevent the inadvertent favoring of commercial speech over non commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech based on its content. (B) The requirements of this chapter apply to signs within the planning jurisdiction. § 25-10-2 NONCOMMERCIAL MESSAGE SUBSTITUTION. (A) Signs containing noncommercial speech are permitted anywhere that signs regulated by this chapter are permitted, subject to the same regulations applicable to the type of sign used to display the noncommercial message. No provision of this chapter prohibits an ideological, political, or other noncommercial message on a sign otherwise allowed and lawfully displayed under this chapter. (B) The owner of any sign allowed and lawfully displayed under this chapter may substitute non-commercial speech in lieu of any other commercial or non commercial speech, with no permit or other approval required from the City solely for the substitution of copy. (C) This section does not authorize the substitution of an off-premise commercial message in place of a noncommercial or on-premise commercial message. PART 2. City Code Section 25-10-3 {Definitions) is amended to read: § 25-10-41^1 DEFINITIONS. In this chapter: —ADVERTISING SEARCHLIGHT means a searchlight used to direct beams of light upward for advertising purposes]. C-1/10displayed for commercial purposes, but excluding the official flag of a nation or of a state.] £i}[{^] CORE TRANSIT CORRIDOR means a roadway designated under "Core Transit Corridors" in Article 5 of Chapter 25-2, Subchapter E {Design Standards and Mixed Use). (2) FLAG means a piece of fabric attached to a flag pole or other support on one side, where the length at right angles to the support is at least as long as the length of the attached side. Q}[(4)] FUTURE CORE TRANSIT CORRIDOR means a roadway designated under "Core Transit Corridors, Future" in Article 5 of Chapter 25-2, Subchapter E {Design Standards and Mixed Use). (4) [ { ^] FREESTANDING SIGN means a sign not attached to a building, but permanently supported by a structure extending from the ground and permanently attached to the ground. (5) [(6)] MAINTENANCE means the cleaning, painting, repairing, or replacing of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign, but does not include changing the design of the sign's support construction, changing the type of component materials, or increasing the illumination. [f7)—MEMORIAL MARKER means a marker honoring a City of Austin public safety officer killed in the line of duty.] £61[(S)] MOBILE BILLBOARD means a sign installed or displayed on a motorized vehicle operating in the public right-of-way for the purpose of advertising a business or entity that is unrelated to the owner of the vehicle's primary business. The term does not include a sign that is displayed or installed on: (a) (b) (c) a non-motorized vehicle, including but not limited to pedi-cabs; a bus that is used primarily for the purpose of transporting multiple passengers; a taxicab or transportation network provider operator, if the sign complies with the requirements of City Code Section [13 2 388] 13-2-488 (Advertising on Taxicabs Permitted); or C-1/11(d) a vehicle operated in the normal course of the vehicle owner's business, if the sign contains advertising or identifying information directly related to the business and is not used to display advertising that is unrelated to the business. (8}[(9)] MULTI-TENANT CENTER SIGN means a sign [advertising] associated with two or more uses with common facilities. ( 2 ) [ f ^ ] NONCONFORMING SIGN means a sign that was lawfully installed at its current location but does not comply with the requirements of this chapter. (lQ)[f444] OFF-PREMISE SIGN means a sign that displays any message directing attention to [advertising] a business, product, service, profession, commodity, activity, event, person, institution, or other commercial message which is generally conducted, sold, manufactured, produced, offered, or occurs elsewhere than on the premises [person, activity, goods, products, or services not located on the site] where the sign is located [installed, or that directs persons to any location not on that site]. For purposes of this definition, any portion of a lawfjjUy permitted special event where public streets have been closed to traffic in accordance with Title \ 4(Use of Streets and Public Property) shall be considered a single premises. (11) ON-PREMISE SIGN means a sign that is not an off-premise sign. (12) PROJECTING SIGN means a wall sign that extends over street right-of-way for a distance of more than 18 perpendicular inches from the building facade. (13) PROJECTED SPECIAL EVENT SIGN means an image or series of images displayed on a building facade and conveyed to the building facade via beams of light in connection with a special event [for the purpose of identifying a special event]. (14) PUBLIC RIGHT-OF-WAY means land dedicated or reserved for street right-of- way, utilities, or other public facilities. (15) RIGHT-OF-WAY INSTALLATION means a legally permitted bicycle kiosk, bus stop, or transit facility that is located in the public right-of-way. (16) ROOF SIGN means a sign installed over or on the roof of a building. (17) SEARCHLIGHT SIGN means a sign consisting of a bright light source that projects a beam. C-1/12(18) [ f 4 ^] SIDEWALK SIGN means a sign located on a sidewalk, either within street right-of-way or on private property within a unified development[, advertising the business abutting the sidewalk where the sign is located]. (19) SIGN means a display surface, structure, light device, banner, plaque, poster, billboard, pennant, figure, painting, drawing, flag, or other thing, whether mounted on land, air, or water, that is designed, intended, or used to display or draw attention to a communicative visual or graphic image, whether or not the image includes lettering, and that is visible from any portion of the public right- of-way open to vehicular or pedestrian traffic. A sign includes both on- and off- premise signs, including billboards, and any moving part, lighting, sound equipment, framework, background material, structural support, or other part thereof Notwithstanding the generality of the foregoing definition, the following are not signs for purposes of this chapter: (a) An image displayed on the interior wall of a building; (b) Decorative or architectural features of buildings or onsite landscape features which do not include lettering, trademarks, or moving parts and which do not perform a communicative flinction; (c) Foundation stones and cornerstones which are permanent in nature and incapable or not intended for modification once installed: (d) Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased: (e) Identifying marks on tangible products that customarily remain attached to the product even after sale; (f) Merchandise on public display and presently available for purchase on- site; (g) News racks and newsstands: (h) Items or devices of personal apparel, decoration, or appearance, including tattoos, makeup, wigs, costumes, masks, or similar accessories, other than commercial mascots or hand-held placards or appliances worn for the principal purpose of holding a placard; or (i) . Vending machines, product dispensing devices, and automated product intake devices which do not display off-premise commercial messages. C-1/13including depositories for recycled materials, slots for returning lent books, media, or other material, laundry boxes, and similar depositories. (20) [ f | ^1 SPECIAL EVENT means an event that: (a) (b) has 100 or more attendees per day at a city facility, other than the Austin Convention Center, Long Center, City Hall, or Palmer Events Center; impacts a city street, sidewalk, alley, walkway, or other city public right- of-way other than as permitted under Chapter 14-6 {Temporary Street Closure); or (c) is temporary, involves 100 or more attendees per day, and (i) is inconsistent with the permanent use to which the property may legally be used, or the occupancy levels permitted on the property; and (ii) includes one of the following: • Set up of temporary structures including, but not limited to tents, stages, or fences; • Sound equipment, as defined in Section 9-2-1 {Definitions); or • Consumption of food or alcohol. (21) r(-Wl STREET BANNER means a fabric sign hung over a street maintained by the City. (22) [(20)] STREET RIGHT-OF-WAY means the entirety of a public street right-of- way, including the roadway and pedestrianway. (23) [(244] WALL SIGN means a sign attached to the exterior of a building or a freestanding structure with a roof but not walls. PART 3. City Code Chapter 25-10 {Sign Regulations) is amended to repeal Article 4 {Removal of Certain Signs; Compensation) and to renumber the remaining articles accordingly. PART 4. City Code Chapter 25-10, Article 6 {Regulations Applicable to All Sign Districts) is renumbered as Article 5 and amended to repeal Section 25-10-101 {Signs Allowed in All C-1/14Sign Districts Without an Installation Permit) and to add new Sections 25-10-101 and 25- 10-102 to read: § 25-10-101 GENERAL ON-PREMISE SIGNS. (A) Purpose and Applicability. This section establishes general requirements for on- premise signs associated with particular land uses. A sign allowed under this section: (1) must comply with all applicable regulations of this chapter and the Building Code, but may be installed or modified without obtaining a permit or other approval from the City; and (2) is in addition to other signs allowed by this section or by another provision of this chapter. (B) Signs f or Commercial^ Multi-Family^ Civic and Industrial Uses. Unless specifically limited to a particular use, the following signs are allowed on a site containing any lawfully permitted commercial, multi-family, civic, or industrial use: (1) A freestanding or wall sign, such as those typically used to direct the movement or placement of vehicular or pedestrian traffic, provided that: no more than one sign is allowed for each building or curb cut; (a) (b) (c) sign area may not exceed 12 square feet; and sign height may not exceed: (i) four feet, for a freestanding sign; or (ii) the height of the building facade, for a wall sign. (2) Outside of the low-density or multifamily residential sign districts, one or more small wall signs, such as emblems and decals typically associated with on-premise goods, services or facilities, which may not exceed a total of six square feet per site. (3) For a permitted restaurant use that includes drive-through service, no more than two signs for each drive-through lane that: (a) may not exceed: (i) 32 square feet in area per sign; or C-1/15(ii) a height of eight feet above grade; and (b) must be located within or adjacent to a drive-through lane and substantially screened from view of the street right-of-way. For a permitted retail use, a sign accompanying the display of an item for sale or affixed to a product dispenser. For a civic use, one or more signs such as a bulletin board, directory, or other changeable copy sign, that may not exceed: (4) (5) (a) (b) a height of six feet above grade; or a total area of 32 square feet for all signs. (C) Signs for Residential Uses. Unless otherwise specified, the following signs are allowed on a site containing any lawfully permitted residential use: (1) One or more non-illuminated signs that: (a) have no moving parts; and (b) may not exceed: (i) a height of eight feet; or (ii) a total area of 36 square feet for all signs. (2) Within a single-family zoning district, flags that meet the following requirements: (a) The maximum number of flags may not exceed three flags per acre of site area, rounded up to the nearest whole acre. (b) The maximum area of a flag may not exceed 15 square feet. (D) Signs for All Land Uses. Unless otherwise specified, the following signs are allowed on any property: (1) Outside of the historic, low-density residential, or traditional neighborhood sign districts: (a) One or more wall signs that: (i) are non-electrical and are securely affixed to a building, fence, or wall; C-1/16(ii) may not exceed a total of 32 square feet in area for all wall signs associated with an individual building or, if a site contains no building, a total area of 32 square feet; and (iii) may not exceed a thickness of 3 inches, (b) One freestanding sign that: (i) is non-electrical; and (ii) may not exceed 20 square feet in area or a height of eight feet above grade. (2) Outside of a single-family zoning district, flags that meet the following requirements: (a) Except as provided in Paragraph (2)(b): (i) the maximum number of flags may not exceed two flags per 25 feet of frontage up to a maximum of eight flags per premises; and (ii) the maximum area of a flag may not exceed 25 square feet. (b) For an automotive rentals or sales use, one small flag may be attached to each vehicle, provided that the flag may not exceed: (i) one square foot in area; or (ii) a height of two feet above the vehicle or other item, measured as if it were displayed at grade level. (3) An engraved sign, such as those traditionally associated with building name, provided that the sign: (a) is cut into a building surface or inlaid to become part of the building; and (b) does not exceed an area of ten percent of the building's facade; and (c) when aggregated with all other wall signs on the building, does not exceed a total area of 32 square feet. (4) One or more non-electrical electrical signs, such as those typically used to identify an address or occupant, which may not exceed a total of three C-1/17square feet in area for each site associated with the address on which the sign is located. § 25-10-102 TEMPORARY ON-PREMISE SIGNS. (A) Purpose and Applicability. This section establishes general requirements for signs that are allowed on a temporary basis. A sign allowed under this section: (1) must comply with all applicable regulations of this chapter and the Building Code, but may be installed or modified without obtaining a permit or other approval from the City; and (2) is in addition to other signs allowed by this section or by another provision of this chapter. (B) Signs Associated with Activity Affecting Real Property. {1) For purposes of this subsection, an "activity affecting real property" means the construction, remodeling, improvement, development, sale, or lease of a building or the land on which the building is located. (2) One freestanding or wall sign that meets the following requirements may be displayed no sooner than 30 days before ,an activity affecting real property begins and no later than 30 days after that same activity ends: (a) No more than one sign for each lot is allowed or, for a unified development, one sign for each access point. (b) For a freestanding sign, the maximum sign area is the lesser of (i) 128 square feet; (ii) in a low-density residential sign district, 12 square feet; or (iii) in a multifamily residential sign district, 48 square feet. (c) For a wall sign, the maximum sign area is ten percent of the area of the building facade. (d) The height of a freestanding or wall sign may not exceed: 22 feet above grade; or (i) (ii) for a low-density residential sign district, six feet above grade. C-1/18(1) (2) (1) (2) (C) Decorative Signs. A decoration, such as those which displayed during a holiday season, that would otherwise not be allowed under this chapter may be displayed on a property for no more than 45 consecutive days or 90 days per year. (D) Signs Associated with Commercial Events, Sales, Products, and Services. A wall sign, such as those typically associated with a commercial event, sale, or similar activity that does not normally occur on a property, is allowed if the property contains a commercial use; the sign is displayed for not more than 30 days, at least one of which must be a day on which a lawfijlly permitted special event, sale, or other activity that does not normally occur on the property is scheduled to occur; and (3) limited to a maximum sign area of: (a) (b) 96 square feet, for a sign attached to a building; or 30 percent of the window area, for a sign displayed in a window. (E) Signs Associated with Residential Garage Sales and Neighborhood Meetings. A sign, such as those typically associated with a garage sale, yard sale, neighborhood meeting, or similar activity that does not normally occur on a property, is allowed if the property contains a residential use; and the sign is displayed for no more than seven consecutive days, at least one of which must be a day on which a lawfully permitted activity or event that does not normally occur on the property is scheduled to occur. (F) Signs Associated with Political Elections. A freestanding or wall sign that meets the following requirements may be displayed no sooner than 60 days before, and no later than 10 days after, an election is held for any federal, state or local political office representing citizens of the City: (1) For each premise, the total sign area of the signs described in this subsection may not exceed 36 square feet. (2) A sign described in this subsection may not: (a) exceed eight feet in height; C-1/19(c) have a moving part. (G) Signs Associated with School Events. A sign or banner located on a site containing a public primary or secondary educational facility may be placed on a lawfully permitted building or fence located on the facility's property, but may not be displayed for more than 150 consecutive days. PART 5. City Code Section 25-10-102 {Signs Prohibited in All Sign Districts) is amended to read: § 25-10-103I4O2I SIGNS PROHIBITED IN ALL SIGN DISTRICTS. Unless the accountable [building] official determines that the sign is a nonconforming sign, the following signs are prohibited: (1) (2) (3) (4) (5) (6) (7) an off-premise sign, unless the sign is authorized by another provision of this chapter; a sign placed on a vehicle or trailer that is parked or located for the primary purpose of displaying the sign; a festoon, including tinsel, strings of ribbon, small commercial flags, streamers, and pinwheels; a sign not permanently affixed to a building, structure, or the ground that is designed or installed in a manner allowing the sign to be moved or relocated without any structural or support changes, excluding a sidewalk sign described in Section 25-10-153 {Sidewalk Sign In Downtown Sign District); a tethered, pilotless balloon or other gas-filled device used as a sign; a sign that uses an intermittent or flashing light source to attract attention, excluding an electronically controlled changeable-copy sign; and a mobile billboard within the City's full-purpose jurisdiction[, except that a mobile billboard operator with an office located within the boundaries of the Capitol Area Metropolitan Planning Organization on the effective date of Ordinance No. 20080605 076 is not subject to the prohibition until two years after the effective date of the ordinance]. C-1/20PART 6. City Code Section 25-10-103 {Signs Prohibited in Public Right-of-Way) is renumbered and recaptioned as Section 25-10-104 {Signs Prohibited in Public Easements and Right-of-Way) and Subsections (A) and (H) of that section are amended to read: (A) A person may not cause or authorize a sign to be installed, used, or maintained on or over [a] public right-of-way or other public property, including any public easement or other public encumbrance over private property [or public right of way], except as authorized by this chapter. (H) This section does not prohibit the installation, use, or maintenance in the right- of-way of a sidewalk sign; a street banner; (1) (2) (3) (4) (5) a projecting sign in the downtown sign district; a wall sign that is mounted flat against the building and extends not more than 18 inches from the facade of a building and into right-of-way; or a sign installed by a governmental agency for a governmental purpose [memorial marker]. PART 7. Regulations) is amended to read: Subsection (C) of City Code Section 25-10-121 {Historic Sign District (C) A person may not place a handbill, poster, placard, or other temporary sign [advertising device of a temporary nature] on a structure in the historic sign district, except inside a window or on a bulletin board with the consent of the owner or tenant. PART 8. Subsection (A) of City Code Section 25-10-122 {Historic Landmark Commission Review) is amended to read: (A) If a person files an application for a sign permit in the historic sign district and the application complies with all applicable regulations of this chapter and the Building Code, the building official shall immediately notify the historic preservation officer. PART 9. District Regulations) is amended to read: Subsection (E) of City Code Section 25-10-123 {Expressway Corridor Sign (E) One [commercial] flag for each curb cut is permitted. C-1/21(G) In addition to the sign setback requirements established by Section 25-10-191 {Sign Setback Requirements), a sign or sign support must be installed at least 12 feet from the street right-of-way, or at least 25 feet from street pavement or curb in the right-of-way, whichever setback is the lesser distance from the street. This subsection does not apply to a [political] sign permitted by Section 25-10-102(F) [101 (L)] {Signs Associated with Political Elections [jillowed In All Sign Districts Without An Installation Permit]). PART 11. Subsection (D) of City Code Section 25-10-127 {Multifamily Residential Sign District Regulations) is amended to read: (D) One [commercial] flag for each curb cut is permitted. The sign height may not exceed 30 feet. PART 12. Subsection (D) of City Code Section 25-10-128 {Neighborhood Commercial Sign District Regulations) is amended to read: (D) One [commercial] flag for each curb cut is permitted. PART 13. Subsection (E) of City Code Section 25-10-129 {Downtown Sign District Regulations) is amended to read: (E) One [commercial] flag for each curb cut is permitted. A [commercial] flag may be suspended over public right-of-way. PART 14. Subsection (E) of City Code Section 25-10-130 {Commercial Sign District Regulations) is amended to read: (E) One [commercial] flag for each curb cut is permitted. PART 15. Subsection (F) of City Code Section 25-10-133 {University Neighborhood Overlay Zoning District Signs) is amended to read: (F) [A sign is prohibited above the second floor of a building, except for a sign that displays only the building name.] No sign may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building. C-1/22§ 25-10-151 SEARCHLIGHT SIGNS [ADVERTISING SEARCHLIGHTS|. (A) A person may use a searchlight sign [an advertising searchlight] if the building official issues a permit for the use. (B) Except as provided in Subsection (C), the building official shall issue a permit for the use of a searchlight sign [an advertising searchlight] if the applicant demonstrates compliance with this subsection. (1) Not more than four beams of light may be projected from a lot. (2) The aggregate light intensity of [the searchlights] searchlight signs on a lot may not exceed 1,600 million foot candles. (3) A searchlight sign located within 25 feet of street right-of-way may not project beams at an angle of less than 30 degrees above grade. (4) A searchlight sign may not: (a) project a beam at a street right-of-way or adjoining property; or (b) impair the vision of a driver of a vehicle. (5) A [An advertising] searchlight sign may not be operated between the hours (6) A [An advertising] searchlight sign may not be operated on a lot for more of 1:00 a.m. and 7:00 a.m. than 10 consecutive days. (C) The building official may not issue a permit to operate a searchlight sign [aft advertising searchlight] at a location at which a searchlight sign [an advertising searchlight] was used within the two months preceding the date of the permit application. PART 17. City Code Section 25-10-154 {Subdivision Identification Sign) is amended to read: C-1/23For each major entry to a multi-lot, master planned subdivision, two permanent [subdivision identification] signs with combined sign area of not more than 128 square feet are permitted. PART 18. Subsection (A) of City Code Section 25-10-156 {Home Occupation Signs) is amended to read as follows: (A) A home occupation that is allowed under Section 25-2-900 {Home Occupations) may display one on-premise sign [bearing the name of the home occupation] if the following requirements are met: (1) The home occupation sign and the principal structure associated with the home occupation must both directly front a Core Transit Corridor or Future Core Transit Corridor. (2) The home occupation sign may not exceed: (a) for a sign that is placed on or attached directly to the ground, six square feet in area and three feet in height, as measured from the lower of natural or finished grade adjacent to the principal structure; or (b) for a sign attached to a monopole of four feet in height and up to 12 inches in diameter, three square feet in area and four feet in height, with the height of both the pole and the sign measured from the lower of natural or finished grade adjacent to the principal structure. PART 19. City Code Chapter 25-10, Article 8 {Special Signs) is amended to repeal City Section 25-10-157 {Memorial Markers) and to renumber the remaining sections of Article 8 accordingly. PART 20. City Code Section 25-10-158 {Special Events Signs) is renumbered Section 25- 10-157, Subsections (B)(3) and (C)(2) thereof are repealed, and remaining Subsections (B)(4), (B)(5), and (C)(3) are renumbered accordingly. PART 21. City Code Section 25-10-159 {Identification Signs on Public Right-of-Way Installations) is renumbered Section 25-10-158, and Subsection (A) thereof is amended to read: C-1/24(A) A sign [identifying the owner, operator, or sponsor of a right of way installation] the installation in accordance with may be installed on a right-of-way requirements of this section. PART 22. Subsection (G) of City Code Section 25-10-191 {Sign Setback Requirements) is amended to read: (G) This section does not apply to a [political] sign permitted by Section 25-10- 102(F) [lOl(L)] {Signs Associated with Political Elections [Allowed In All Sign Districts Without An Installation Permit^. PART 23. This ordinance takes effect on August 28, 2017. PASSED AND APPROVED August 17 , 2017 APPROVED: ATTES Anne L. Morgan City Attorney Jannette S. Goodall City Clerk C-1/25TAB 3 C-1/26C-1/27TAB 4 C-1/28C-1/297/23/2021 Interactive Development Review Permitting and Inspection | AustinTexas.gov - The Official Website of the City of Austin AU STIN TEXAS.GOV AIR PORT L IBR ARY AU STIN EN E R GY AU STIN WATER C ON VEN TION C EN TER TAB 5 VIS ITOR S BU R E AU Pay Online Services Calen Department > Planning > Interactive Development Review Permitting and Inspection Recommended browsers for this website are Google Chrome and Internet Explorer. Apply for Right Of Way Permits / Special Events Home Public Search Issued Construction Permits Apply for Permits/Cases Assign Permit My Permits/Cases My Incomplete Applications My Bills My Licenses My Inspections My Escrow Account My Reports My Profile My Notifications Web Help Login/Register Online Survey External Reviewers Search DevelopmentATX.com Home FOLDER DETAILS Permit/Case: 2019-078877 SB Reference File Name: Description: Rio Grande (sign closest to W 21ST ST). Sub Type: Work Type: Sign Permit Wall Install 3'-5 1/4" x 10' illuminated wall sign for Signature 1909 on the façade facing https://abc.austintexas.gov/public-search-other?t_related-detail=1&t_selected_folderrsn=12202506&t_currentPropertyRSN=249839 1/3 C-1/307/23/2021 Interactive Development Review Permitting and Inspection | AustinTexas.gov - The Official Website of the City of Austin Project Name: 1909 RIO GRANDE STREET Application Date: May 20, 2019 Final Status: Issued: Expiration Date: Nov 26, 2019 PROPERTY DETAILS Number Pre Street StreetType Dir Unit Type City State Zip Legal Desc Unit Number AUSTIN TX 78705 LOT 1-2 & N35FT LOT 3 OLT 23 DIV D HORSTS LOUIS SUBD People Type Name / Address Phone A1 Signs (Emma Wetz) 20286 FM 2252 RD San Antonio TX 78266 A-1 South Texas Sign Erectors, L.P 20286 FM 2252 San Antonio TX 78266 A1 Signs (Emma Wetz) 20286 FM 2252 RD San Antonio TX 78266 (830) 609-6246 (830) 609-6246 (830) 609-6246 Fee Description Fee Amount Balance $59.00 $2.36 $0.00 $0.00 1909 RIO GRANDE ST PEOPLE DETAILS Internet User Outdoor Advertising Contractor Online Applicant FOLDER FEES Sign Review Fee Technology Surcharge-DSD PROCESSES AND NOTES Web Application Acceptance Inspection Administration Closed Open Sign/Banner Intake Closed Administrative Hold Open Process Description Status Start Date End Date Assigned Staff Schedule Date # of Attempts May 21, May 22, May 22, 2019 2019 2019 ABC Sign/Banner May 22, May 24, May 24, 2019 2019 2019 ABC Sign/Banner 1 0 1 0 https://abc.austintexas.gov/public-search-other?t_related-detail=1&t_selected_folderrsn=12202506&t_currentPropertyRSN=249839 2/3 C-1/317/23/2021 Interactive Development Review Permitting and Inspection | AustinTexas.gov - The Official Website of the City of Austin Process Description Status Start Date End Date Assigned Staff Schedule Date Red Tag Hold Permitting Open Open Back Sign Permit Review Approved for May 24, May 24, May 24, Bryan Walker(512-974- Permit 2019 2019 2019 2686) # of Attempts 0 0 1 PAY ONLINE CALENDAR MEDIA CENTER FAQ CONTACT US SITE MAP LEGAL NOTICES PRIVACY POLICY https://abc.austintexas.gov/public-search-other?t_related-detail=1&t_selected_folderrsn=12202506&t_currentPropertyRSN=249839 3/3 C-1/32TAB 6 AN ORDINANCE AMENDING CITY CODE TITLE 25 RELATING TO ALLOWABLE USES, BUILDING HEIGHTS, PARKING REQUIREMENTS, AND SIGN REGULATIONS IN THE UNIVERSITY NEIGHBORHOOD OVERLAY (UNO) DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (D) of City Code Section 25-2-754 (Use Regulations) is amended to read as follows: (D) Local uses are permitted in any base district, subject to the limitations of this subsection. In the outer west campus subdistrict, (1) residential base district unless the property: local uses are not permitted in a (a) has a permitted building height of [65] E feet or greater; or is zoned historic and has a permitted building height of 65 feet or (b) greater. Except as provided in Paragraph (3), up to 20 percent of the gross floor (2) area of a site may be used for local uses. At least one-half of the gross floor area of the local uses must be located at street level and accessible from a pedestrian path. In determining these percentages, a nonresidential use that is accessory to the principal residential use or located in a historic landmark is excluded from the gross floor area o f the local uses. Up to 100 percent of the gross floor area of a structure may be used for (3) local uses if the structure: is a historic landmark and is located entirely in a subdistrict having a (a) permitted building height of 65 feet or greater; C-1/33was constructed before September 13, 2004, contains less than (b) 10,000 square feet of gross floor area, is less than 65 feet in height, and is located in the inner west campus or Guadalupe subdistricts; or (c) is less than 65 feet in height and located on: Guadalupe Street between Martin Luther King, Jr. Blvd. and (i) 29th Street; (ii) Martin Luther King, Jr. Blvd. between Guadalupe Street and Rio Grande Street; or (iii) 24th Street between Guadalupe Street and Rio Grande Street. PART 2. City Code Section 25-2-756 (HeighO (see map attached as Exhibit "A") is amended to read as follows: §25-2-756 Height Except as provided in Subsection (B), maximum heights for structures are (A) prescribed by Appendix C (University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, and Height Limits, and Additional Height and Affordabilitv). This subsection applies in the outer west campus subdistrict, Guadalupe (B) subdistrict, and inner west campus subdistrict. [(1) In this subsection, H-S-OR-C PROPERTY means property zoned historic or listed in the City's historic building survey on October 6,2008.] [2] Except as provided in Paragraph (2[3]), a structure with a multi-family (1) residential use or group residential use may exceed by [46125 feet in the outer the maximum height west campus subdistrict or the Guadalupe subdistrict prescribed by Appendix C (University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, bind\ Height Limits, and Additional Hei;rht C-1/34and Affordabilitv) if the structure is located in an area with a maximum height of at least 50 feet; [#]gr (2) A structure with a multi-family residential use or group residential use may exceed by 125 feet in the inner west campus subdistrict the maximum height prescribed by Appendix C (Universitv Neighborhood Overlav District Boundaries, Subdistrict Boundaries, Height Limits, and Additional Height and Affordabilitv) if the multi-family residential use or group residential use, for a Deriod of not less than 40 years from the date a certificate of occupancy is issued, sets aside at least: [the structure is located in an area for which the maximum height is (a) at least 50 feet; and] [i]10 percent of the dwelling units or bedrooms on the site to house (a) persons whose household income is at or below 60 percent of the median income in the Austin statistical metropolitan area, as determined by the director of the Neighborhood Housing and Community Development Office; [44]10 percent of the dwelling units or bedrooms on the site to house (b) persons whose household income is at or below 50 percent of the median income in the Austin statistical metropolitan area, as determined by the director of the Neighborhood Housing and Community Development Office; and W Iii+]The applicant: Pays into the University Neighborhood District Housing Trust 1. Fund a fee of $O.50 for each square foot of net rentable floor area in the multi-family use use development; or, residential residential group or C-1/352. Provides an additional 10 percent of the dwelling units or bedrooms on the site to house persons whose household income is at or below 50 percent of the median income in the Austin statistical metropolitan area as determined by the director of the Neighborhood Housing and Community Development Office. A building on a lot in the outer west campus subdistrict that has a common (3) side lot line with a historic property may not exceed by more than 20 feet the maximum building height of the base district in which the historic property is located. The fee in (B)(2)(c) above will be adjusted annually in accordance with the (4) Consumer Price Index All Urban Consumers, US City Average, All Items (1982- 84=100), as published by the Bureau of Labor Statistics of the United States Department of Labor or in accordance with any other similar, applicable standard as defined by the director of the Neighborhood Housing and Community Development Office. The city manager shall annually determine the new fee amounts for each fiscal year, beginning October 1, 2014, and report the new fee amounts to the city council. PART 3. Section 25-2-758 (Building Wall Height, Stepbacks, and Envelope) is amended to read as follows: § 25-2-758 Building Wall Height, Stepbacks, and Envelope. (A) An exterior building wall that faces a street must be at least 24 feet high. [(B) Except as provided in Subsection (C): i f an exterior wall of a building is adjacent to a street other than an alley, (1) at a height of 65 feet, the upper portion of the wall must be set back from the property line by a distance of at least 12 feet; and if the north side of a building is adjacent to a street other than an alley (2) and is greater than 65 feet in height, the upper portion of the north side of the building must be set back within a building envelope that is formed by a plane C-1/36at an angle of 62 degrees above horizontal. (C) Subsection (B) does not apply to up to 15 percent of the length of a building frontage, if that portion of the building frontage is used for an elevator or stairway.I c B) [*j] A parapet may not extend more than five feet above the 65 foot stepback height described in Subsection (B) or more than five feet above the total building height. Instead of complying with Subsections (A) [thfeugh] and (B) [664], a (C) RET] hotel/motel use in the outer west campus subdistrict must comply with the requirements ofthis subsection. On property fronting Martin Luther King, Jr. Blvd., all buildings must fit (1) within an envelope delineated by a 45 degree angle starting at a height of 60 feet above the grade of the property line adjacent to Martin Luther King, Jr. Blvd. and extending to a maximum height of 85 feet. If the property abuts a historic property as defined in Section 25-2- (2) 756(B)(3), the property must have open space measuring at least 50 feet deep for at least 50 feet along the street frontage beginning at the common boundary with the historic property. The open space shall contain no buildings, but may contain paving, parking, fountains, fences, patios, terraces, canopies, trellises, and landscaping. If parking is provided on the site, 75 percent of the spaces must be (3) below grade. PART 4. City Code Chapter 25-2, Appendix C (UNIVERSITY NEIGHBORHOOD OVERLAY DISTRICT BOUNDARIES, SUBDISTRICT BOUNDARIES, AND HEIGHT LIMITS) is amended as follows: APPENDIX C. - UNIVERSITY NEIGHBORHOOD OVERLAY DISTRICT BOUNDARIES, S JBD S-R CT BOUNDARIES, [AND] HEIGHT LIMITS, AND ADDITIONAL HEIGHT AND AFFORDABILITY C-1/37Development in the Central Business District (CBD) and the Downtown Mixed Use (DMU) and Public (P) Zoning Districts) is amended to read as follows: § 25-6-591 PARKING PROVISIONS FOR DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT (CBD), [AND] THE DOWNTOWN MIXED USE (DMU) DISTRICT [ANDI THE PUBLIC (P) ZONING DISTRICT, AND THE UNIVERSITY NEIGHBORHOOD OVERLAY (UNO) DISTRICT. (A) The requirements of this section apply to the: (1) (2) central business district (CBD); downtown mixed use (DMU) zoning district; [and] public (P) zoning district within the area bounded by Martin Luther King, (3) Jr., Boulevard; IH-35; Lady Bird Lake; and Lamar Boulevard[Tl; and (4) university neighborhood overlay (UNO) district. PART 6. Subsections (C) and (G) of City Code Section 25-10-133 (Universio; Neighborhood Overlay Zoning District Signs) are amended to read as follows: § 25-10-133 University Neighborhood Overlay Zoning District Signs (A) This section applies to property that is: within the university neighborhood overlay (UNO) zoning district; and outside a historic sign district. This section supersedes the other provisions of this article to the extent of (1) (2) (B) conflict. (C) A sign may not exceed 150 [400] square feet of sign area, except that this limitation does not apply along the following roadways: C-1/38(1) Guadalupe Street, from Martin Luther King, Jr. Blvd. to West 29th Street; (2) West 24th Street, from Guadalupe Street to Leon Street; (3) Martin Luther King, Jr. Blvd., from Pearl Street to the alley one block east of University Avenue; and (4) West 29th Street, from Guadalupe Street to Rio Grande Street. (D) A freestanding sign is prohibited. (E) A roof sign is prohibited. [No sign may be placed above the second floor of a building, except for a non (F) electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building.] [(Gj] (F) A wall sign [may be a projertinfi this subsection. :fln] is permitted if the sign complies with One projecting sign for each building facade is permitted. The sign area of a projecting sign may not exceed 35 square feet. A sign may extend from the building facade not more than the lesser of: six feet; or (a) (b) a distance equal to two-thirds the width of the abutting sidewalk. For a sign that projects over state right-of-way, the state must approve the (1) (2) (3) (4) sign. (G) A sign may not be illuminated or contain electronic images or moving parts. C-1/39PART 7. This ordinance takes effect on November 25,2019. - /1 /1 PASSED AND APPROVED November 14 ,2019 § § § r r»teve dler Mayor APPROVED: 1 ATTEST: Evij«3* 0-6»e fovr Anne L. Morgan City Attorney Jannette S. Gde,1111 City Clerk C-1/40TAB 7 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2019-008 University Neighborhood Overlay – Allowable uses, building heights, parking requirements, and sign regulations. Description: Amend certain provisions of the City Code relating to provisions of the University Neighborhood Overlay (UNO) concerning use regulations, building heights, parking requirements, and sign regulations. Overview of Proposed Code Amendments and Staff Recommendations The Planning Commission recommendations and staff comments and recommendations are in the attached "University Neighborhood Overlay (UNO) Code Amendments Comparison Tables and Map Changes" beginning next page of this report. Board and Commission Actions Planning Commission initiated the code amendments at their March 26, 2019 meeting. They voted 9-1, with one commissioner abstaining (Chair Shieh and Commissioner Shaw absent). The amendments were initially presented to the Codes and Ordinances Joint Committee on June 19, 2019. Following deliberations, the Committee provided direction to staff to revise the proposed amendments and return at a future meeting. The Codes and Ordinances Joint Committee continued their discussions on this item on August 21, 2019. They voted 5-0 to recommend the proposed amendments with changes to the Planning Commission (Commissioners Azhar and Barrera-Ramirez absent). The Planning Commission heard the item on August 27, 2019. They voted 12-1 to recommend the proposed Code amendments with changes as detailed in this report to the City Council (Commissioner Shieh absent). City Council Action A public hearing at City Council was set for August 8, 2019 and postponed to September 19, 2019. City Council postponed this item until November 14, 2019. Ordinance Number: NA City Staff: Mark Walters Phone: 512-974-7695 Email: Mark.Walters@AustinTexas.gov C-1/41C-1/42Amend. # Existing Regulation Planning Commission Recommendation Staff Recommendation/Comments Building Heights (continued) 1 Height: 25-2-756(B)(2) A multi-family residential use or group residential use may exceed by 15 feet the maximum height prescribed by Appendix C ( University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, And Height Limits ) if:      the structure is located in an area for which the maximum height is at least 50 feet; and 10% of units/bedrooms are set aside for individuals earning 60% of local MFI for 40 years; 10% of units/bedrooms are set aside for individuals earning 50% of local MFI for 40 years; and An additional 10% of units/bedrooms s are set aside for individuals earning 50% of local MFI for 40 years; or The applicant pays a one- time, annually adjusted fee for each square foot of net rentable residential floor area. Height: 25-2-756 The proposed amendment would allow building heights to be increased by 25 feet in the Outer West Campus Subdistrict and Guadalupe Subdistrict if a project is in a height district of 50 feet and greater or by 125 feet in the Inner West Campus Subdistrict if: • • • • 10% of units/bedrooms are set aside for individuals earning 60% of local MFI for 40 years; 10% of units/bedrooms are set aside for individuals earning 50% of local MFI for 40 years; and An additional 10% of units/bedrooms are set aside for individuals earning 50% of local MFI for 40 years; or The applicant pays a one-time, annually adjusted fee for each square foot of net rentable residential floor area. Staff concurs with the Planning Commission Recommendation The affordability percentages are carried over from the current Code. Currently, the project must be in the Outer West Campus Subdistrict in a 50 height district or greater and can only gain an additional 15 feet. This amendment would increase the number of on-site affordable units in West Campus. Based on the potential increased supply of on-site affordable housing, the Neighborhood Housing and Community Development Department (NHCD) has given these amendments a positive Affordability Impact Statement which is included on page 15 of this report. C-1/43Amend. # Existing Regulation Appendix C (University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, and Height Limits) Appendix C contains the text and maps indicating UNO boundaries, subdistricts, and building heights. 2 3 Appendix C (University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, and Height Limits) Planning Commission Recommendation Building Heights (continued) The proposed amendment would add a new map, Additional Height and Affordability, to Appendix C indicating areas where the height bonuses described in Section 25-2-756 (Height) are permitted. The commission recommended that the map originally submitted to them be amended to allow the 25 foot height bonus along the north side of 24th St. between Lamar Blvd. and Leon St., along San Gabriel St. between 24th St. and MLK Jr. Blvd., and expand the Inner West Campus Subdistrict boundary to increase the are for the 125 foot height bonus. See the map as amended by the Planning Commission on page 3 of this report. Planning Commission changes indicated by a red outline. Appendix C (University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, and Height Limits) 3A. Planning Commission recommended amending the Subdistrict Boundaries map to expand the Inner West Campus Subdistrict boundaries. See page 5 of this report. 3B. Planning Commission recommended amending Amend the Height Limits map to expand the 175 foot height district. See page 7 of this report. Staff Recommendation/Comments Staff recommends the map as originally submitted to the Planning Commission The areas indicated on the map where the height bonus are allowed resulted from monthslong discussions among nine community organizations. There is both community opposition and support for the Planning Commission's recommendation. See page 4 of this report for the map as submitted to the Planning Commission. Staff does not recommend the changes The changes made by the PC were not among the amendments forwarded to them from the Codes and Ordinances Joint Committee. Staff believes that the significant impacts of the Planning Commission’s recommendations need to be studied and be subject to a broader community conversation involving residents, property owners, business owners, Greek organizations, and nearby neighborhood and community organizations. There is both community opposition and support of the Planning Commission's recommendation. Planning Commission changes are indicated by a red outline on the maps. See original maps on pages 6 and 8 of this report. C-1/44University Additional Neighborhood Height & Affordability Overlay recommendation Planning Commission Map area included by Planning Commission I I University Proposed Additional Height Neighborhood Overlay � 125 feet F-7 2 feet l:....:....:... 5 0 250 500 1,000 Feet I I I I I I I 3 C-1/454 Staff Recommendation: Staff recommends this map version as submitted to the Planning Commission. C-1/465C-1/476 Staff Recommendation: Staff recommends leaving the map in the Code unchanged.C-1/48University Neighborhood Heights District Overlay Planning Commission recommendation Commission --D Planning recommendation foot height district to expand 175 Building Height (feet) � 50[II] 70 fil§) 90 i=i 175 � 65 � 75CJ 120 220 45 � 40 10-15-2019 0 250 500 I I I I I 1,000 Feet I I 7 C-1/498 HARDOUINAVERIOGRANDESTGUADALUPESTSAN GABRIEL STW31STSTW 26TH STW29THSTEAST MALL UTW 24TH STHEMPHILL PARKW17THSTW27THSTE22NDSTW 22ND STWMARTINLUTHERKINGJRBLVDGASTONAVEKINGSBURYSTSAN PEDRO STW18THSTWOOLDRIDGEDRE 21ST STWESTAVEW30THSTW28THHALFSTPRESTONAVELEON STFRUTHSTRIO GRANDE STW28THSTNLAMARBLVDW 21ST STW 20TH STOLD19THSTPEARL STPEARL STW 25TH STNUECESSTSOUTH MALL UTSETONAVEWINDSORRDEASTDRMCCALLUMDRPARKWAYINNERCAMPUSDRWHITIS AVECLIFF STSHOALCREEKBLVDWDEANKEETONSTSALADO STSAN ANTONIO STWICHITA STWESTDRLONGVIEW STSPEEDWAYVANCECIRNUECES STPOPLAR STW 22ND HALF STW 23RD STDAVID STROBBINS PLPEMBERTONPLGRAHAM PLWEST MALL UTLAURELLNUNIVERSITY AVECLAIREAVEPEMBERTONPKWYNLAMARBLVD05001,000250FeetUniversity Neighborhood OverlayDistrict Heights22017512090757065504540BuildingHeight(feet)10-15-2019Staff RecoomendationExisiting UNO Height mapC-1/50Amend. # Existing Regulation Planning Commission Recommendation Building Heights (continued) Staff Recommendation/Comments 4 The proposed amendment would strike Code section 25-2-758 (B) (2). Heights: 25-2-758 (B)(2) If the north side of a building is adjacent to a street other than an alley and is greater than 65 feet in height, the upper portion of the north side of the building must be set back within a building envelope that is formed by a plane that extends from a point on the property line 65 feet high toward the building at an angle of 62 degrees above horizontal. Staff concurs with the Planning Commission Recommendation 25-2-758 (B) (2) was originally intended to reduce shadows and allow sunlight to penetrate to the ground on the Winter Solstice. However, for north-facing properties in Inner West Campus, this Code provision would preclude these sites from taking advantage of the additional height for the proposed amendments to Section 25-2-756. This illustration is taken from the “University Neighborhood Overlay Design Guidelines” in the Central Austin Combined Neighborhood Plan. The proposed amendment would remove the stepback requirements and allow a building to rise to the maximum height of 175 feet (shaded area) after the first stepback as illustrated by the building on the right side of the graphic. C-1/51Existing Regulation Planning Commission Recommendation Staff Recommendation/Comments Amend. # 5 Use Regulations: 25-2-754(D)(1)(a) Local uses (a list of pedestrian- oriented uses in the UNO section of the Code) are allowed in residential base districts with permitted building heights of 75 feet or greater. Use Regulations The proposed amendment would reduce the building height where local uses are allowed in residential base district to 50 feet. Staff concurs with the Planning Commission Recommendation This expands opportunities for mixed use development and furthers Imagine Austin’s goal of creating complete communities across Austin. Staff concurs with the Planning Commission Recommendation Multiple factors have contributed to an oversupply of parking spaces in projects developed under UNO: • Changing car ownership and driving habits of college students The advent of micromobility devices The transit-rich and pedestrian- friendly environment around the University of Texas • • • UNO’s requirement that a car and dwelling unit be leased separately. This amendment would allow unused parking spaces to be repurposed. This possibility was planned for in the initial development of UNO by requiring flat parking decks in parking strucutures where they face a public street. The proposed amendments would add new section: Use Regulations: 5-2-754 (K) Existing structures constructed under the provisions of this division may convert non- accessible parking spaces to: (1) a multi-family residential use; (2) a group residential use; and (3) local uses: (a) local uses allowed under this title must be located above or adjacent to the street wall area; (b) an art gallery use and an art workshop use are limited to 1,500 square feet of floor area; and (4) an indoor crop production use or convenience storage use; and (a) these uses shall not be located in or above a street wall area. 6 New Regulation C-1/52Amend. # Existing Regulation Planning Commission Recommendation Parking Staff Recommendation/Comments 25-6-601 Parking Requirements For University Neighborhood Overlay District. (A) Except as otherwise provided in this section, the minimum off- street parking requirement in the university neighborhood overlay district is 60 percent of that prescribed by Appendix A (Tables Of Off-Street Parking And Loading Requirements ). 7 (B) Off-street parking is not required for a commercial use if the use: (1) occupies less than 6,000 square feet of gross floor area; or (2) is located on: (a) Guadalupe Street between Martin Luther King, Jr. Blvd. and West 29th Street; or (b) West 24th Street between Guadalupe Street and Rio Grande Street. (C) For a multi-family residential use, the minimum off-street parking requirement is 40 percent of that prescribed by Appendix A ( Tables Of Off-Street Parking And Loading The proposed amendment would remove all parking minimums for projects being developed under UNO. The Planning Commission provided direction to staff to develop code language to address parking for persons with disabilities. Upon discussions with the Code Revision team, staff recommends adding UNO to the code’s parking provisions for accessible spaces for the CBD, DMU, and P zoning districts. 25-6-591 - Parking Provisions For Development in The Central Business District (CBD) and The Downtown Mixed Use (DMU) and Public (P) Zoning Districts. Staff concurs with the Planning Commission Recommendation The Planning Commission’s recommendation is in alignment with the May 2, 2019 policy direction Council gave for the code revision regarding eliminating parking: “. . .in areas that are within the ¼ mile of activity centers, activity corridors, and transit priority network, except that some parking requirements may be maintained for areas where elimination of parking requirements would be particularly disruptive.” P. 13 The proposed elimination of required parking in West Campus acknowledges the increasingly urban, pedestrian-friendly, and transit-rich environment around the University of Texas. It also reflects the changing nature of student automobile use as reflected in the increasing number of unused parking spaces in UNO projects that are addressed in Amendment #6 on page 10 of this report. C-1/537 cont'd Requirements ) if the multi-family residential use: (1) participates in a car sharing program that complies with the program requirements prescribed by administrative rule, as determined by the director of the Watershed Protection and Development Review Department; or (2) sets aside for a period of not less than 15 years from the date a certificate of occupancy is issued at least 10 percent of the dwelling units on the site to house persons whose household income is less than 50 percent of the median income in the Austin statistical metropolitan area, as determined by the director of the Austin Neighborhood Housing and Community Development Office, in addition to complying with Section 25-2-756 (Affordable Housing). C-1/54Existing Regulation Planning Commission Recommendation Staff Recommendation/Comments Signs The proposed amendment would change the maximum sign size in 25-2-133(C) from 100 square feet to 150 square feet. Staff concurs with the Planning Commission Recommendation 25-10-133 University Neighborhood Overlay Zoning District Signs. (C) A sign may not exceed 100 square feet of sign area, except that this limitation does not apply along the following roadways: (1) Guadalupe Street, from Martin Luther King, Jr. Blvd. to West 29th Street; (2) West 24th Street, from Guadalupe Street 8 to Leon Street; (3) Martin Luther King, Jr. Blvd., from Pearl Street to the alley one block east of University Avenue; and (4) West 29th Street, from Guadalupe Street to Rio Grande Street. 25-10-133 University Neighborhood Overlay Zoning District Signs. 9 (F) No sign may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building The proposed amendment would amend 25-10-133 (F) to read: (F) An on-premise sign is allowed. Staff concurs with the Planning Commission Recommendation This amendment would bring the regulations more in line with industry practices. The existing regulation has resulted in numerous Board of Adjustment cases to allow non- engraved or non-inlaid building signs on upper floors of taller projects. C-1/55Existing Regulation Planning Commission Recommendation Staff Recommendation/Comments 10 25-10-133 University Neighborhood Overlay Zoning District Signs. (G) A wall sign may be a projecting sign if the sign complies with this subsection. (1) One projecting sign for each building facade is permitted. (2) The sign area of a projecting sign may not exceed 35 square feet. (3) A sign may extend from the building facade not more than the lesser of: (a) six feet; or (b) a distance equal to two-thirds the width of the abutting sidewalk. (4) For a sign that projects over state right-of-way, the state must approve the sign. Signs The proposed amendment to 25-10- 133(G): (G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building facade is permitted. (2) The sign area of a projecting sign may not exceed 35 square feet. (3) A sign may extend from the building facade not more than the lesser of: (a) six feet; or (b) a distance equal to two- thirds the width of the abutting sidewalk. (4) For a sign that projects over state right-of-way, the state must approve the sign. Staff concurs with the Planning Commission Recommendation C-1/5615 C-1/5716 C-1/58TAB 8 CITY OF AUSTIN Board of Adjustment Decision Sheet D-1 DATE: February 8, 2021 CASE NUMBER: C16-2021-0005 ___Y____Brooke Bailey ___Y____Jessica Cohen ___Y____Ada Corral ___Y____Melissa Hawthorne ___-____VACANT ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___-____Kelly Blume (Alternate) ___-____Vacant (Alternate) ___-____Donny Hamilton (Alternate) APPLICANT: Jennifer Garcia OWNER: Michael Mahoney ADDRESS: 2237 W BRAKER LN VARIANCE REQUESTED: The applicant is requesting a sign variance(s), a total of 4 signs on the property from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) a) (H) to allow for all four (4) signs, one (1) monument sign, one (1) wall sign on each of the on the north, south, and west sides, to all be illuminated and NBG Ordinance no. 20180412-051: b) to increase the sign height from 6 feet to 10 feet in order to provide signage for the TownePlace Suites Hotel in a “NBG-NP”, North Burnet Gateway– Neighborhood Plan zoning district. (North Burnet Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs: (H) A sign may not be illuminated or contain electronic images or moving parts. North Burnet/Gateway Ordinance No. 20180412-051 (4.8.2 Sign Regulations) (B) For all development located on a NBG Core Transit Corridor, one freestanding monument sign is permitted on a lot. The height of this sign should not exceed 6 feet and the sign area may not exceed 100 square feet. C-1/59 BOARD’S DECISION: BOA meeting Feb 8, 2021 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant with conditions that a) all four (4) signs, one (1) monument sign, one (1) wall sign on each of the on the north, south, and west sides, may all be illuminated and b) Maximum height of sign D-1/Presentation-1 to be eight (8) feet maximum height; Board Member Veronica Rivera seconds on a 10-0 vote; GRANT WITH CONDITIONS A) ALL FOUR (4) SIGNS, ONE (1) MONUMENT SIGN, ONE (1) WALL SIGN ON EACH OF THE ON THE NORTH, SOUTH, AND WESTSIDES, MAY ALL BE ILLUMINATED AND B) MAXIMUM HEIGHT OF SIGN D-1/PRESENTATION-1 TO BE EIGHT (8) FEET MAXIMUM HEIGHT. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: the proposed sign’s size and illumination is in line with the neighboring businesses OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: other business including but not limited to ABC Bank of Commerce which is located directly in front of the hotel have illuminated signs as well OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: the proposed signs were appropriately scaled to the size of the property and building AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: due to the nature of this business and the area which it is in there will be customers who are unfamiliar with the area trying to find this location at night. ______________________________ Elaine Ramirez Executive Liaison Don Leighton Burwell ____________________________ Chairman Diana Ramirez forC-1/607'-0" 6'-4" 10" 6" FACE SEAM A1 D/F MONUMENT SIGN TPS MON 7' x 7' @ 10'-0" - RED ( 1 ) REQUIRED - MFR. & INSTALL SCALE: ½" = 1'-0" END VIEW FABRICATED ALUMINUM CABINET SIGN - ALUMINUM SQUARE TUBE FRAME w/ .090" ALUMINUM FACES / .063 FILLERS - PAINTED TO MATCH PMS 1795c RED (SATIN FINISH) - INSIDE TO BE PAINTED w/ L.E.P. FACE TO HAVE ROUTED-OUT OPENINGS BACKED UP w/ 7328 WHITE ACRYLIC SHOW-THRU GRAPHICS INTERNALLY ILLUMINATED w/ WHITE HANLEY LED’s .063" ALUMINUM FABRICATED SUPPORT COVER PAINTED TO MATCH PMS COOL GRAY 11c (SATIN FINISH) STEEL SIGN SUPPORT (AS REQUIRED) INSIDE ALUMINUM BASE COVER & SIGN CABINET - SET IN CONCRETE PIER TYPE FOUNDATION - SIZES & DEPTH TO BE DETERMINED BY ENGINEERING, LOCAL CODES & CONDITIONS UNDERGROUND ELECTRICAL PRIMARY SERVICE PROVIDED TO SIGN BY CUSTOMER'S ELECTRICIAN (VERIFY VOLTAGE & COORDINATE w/ CHANDLER SIGNS) 0403077Ar3 Sheet 1 8 TOWNEPLACE SUITES Address 2237 W. BRAKER LN. AUSTIN, TEXAS MIKE D. CJR 06/18/19 Approval / Date R1 JMC 06/20/19: DELETE C2 AND C4 R2 ES 9/29 remove A2 R3 KMc 1/22/21: revised site plan FINAL ELECTRICAL CONNECTION BY CUSTOMER C-1/61TAB 9 CITY OF AUSTIN Board of Adjustment Decision Sheet DATE: Monday, July 13, 2020 CASE NUMBER: C16-2020-0002 ITEM # D-1 ___-____Brooke Bailey OUT ___Y____Jessica Cohen ___-____Ada Corral OUT ___Y____Melissa Hawthorne ___Y____William Hodge ___Y____Don Leighton-Burwell ___Y____Rahm McDaniel ___Y____Darryl Pruett ___Y____Veronica Rivera ___Y____Yasmine Smith ___Y____Michael Von Ohlen ___N____Kelly Blume (Alternate) ___Y____Martha Gonzalez (Alternate) APPLICANT: Alkesh Patel OWNER: Loin Veldt ADDRESS: 2600 BROCKTON DR VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to allow for one (1) 6 ft. tall freestanding monument sign and two (2) 217 sq. ft. wall signs, all illuminated in order to provide signage for the new Hilton Garden Inn in a “NBG-NP”, North Burnet/Gateway – Neighborhood Plan zoning district. (North Burnet) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: May 11, 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to postpone to June 8, 2020, Board Member Melissa Hawthorne seconds on an 11-0 vote; POSTPONED TO JUNE 8, 2020. (RE-NOTICE) RENOTICE: VARIANCE REQUEST: The applicant is requesting a sign variance(s) from the Land Development Code: a) Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (C) to exceed sign area from one (1) 150 sq. ft. (maximum allowed) to two (2) 217 sq. ft. each (requested) wall signs on South and West sides. C-1/62Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) b) (G) illuminate both signs in order to provide signage for the new Hilton Garden Inn in a “NBG-NP”, North Burnet/Gateway – Neighborhood Plan zoning district. (North Burnet) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (G) states a sign may not be illuminated or contain electronic images or moving parts. Applicant is proposing face-lit signs illuminated by LEDs. BOARD’S DECISION: JUNE 8 2020 The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant only the south building elevation sign and Deny the west elevation sign, Board Member Rahm McDaniel seconds on an 11-0 vote; GRANTED ONLY THE SOUTH BUILDING ELEVATION SIGN AND DENIED THE WEST ELEVATION SIGN. APPLICANT FILED A RECONSIDERATION REQUEST FOR JULY 13, 2020. RECONSIDERATION REQUEST: July 13, 2020 Board member Michael Von Ohlen motions to reconsider the reconsideration request, Board member Melissa Hawthorne seconds on 10-0 votes; The public hearing was closed by Chair Don Leighton-Burwell, Board Member Michael Von Ohlen motions to Grant two signs, one south and one west side with west side illuminated and that it does not exceed 217 square feet, Board Member Darryl Pruett seconds on an 10-1 vote (Board member Kelly Blume nay); GRANTED TWO SIGNS, ONE SOUTH AND ONE WEST SIDE WITH WEST SIDE ILLUMINATED AND THAT IT DOES NOT EXCEED 217 SQUARE FEET. FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: the proposed signs and locations are in line with the existing signs at the neighboring businesses and are appropriately scaled to the size of the building, due to the nature of this business and customers trying to find this location at night illumination of the signs would greatly improve traffic to this upcoming business and get in the turning lane on approach. OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: n/a OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: n/a C-1/63 AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: due to the nature of this hotel business there will be customers looking for this location at night time, without illuminated signs and no monument or pylon, it would be very hard to find the location, this is a growing area near the Domain and would benefit all to see this location at night. ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana RamirezC-1/64C-1/65June 3, 2021 Leah Bojo 715 W 23rd St Austin TX, 78705 Re: C16-2021-0008 Property Description: 1.2028 AC OF LOTS 28-32 & 0.1402 AC OF LOTS 25-27 OLT 38 DIV F WOOLDRIDGE MARY ANN RESUB PLUS 1/2 ADJ VAC ALLEY (TOTAL ACR: 1.3430) Dear Leah, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a sign variance(s) from the following sections of the Land Development Code; Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H); to allow for a total of six (6) signs to all be illuminated, five (5) LED illuminated wall signs and one (1) internally illuminated cabinet wall sign in a “CS-NP”, General Commercial Services – Neighborhood Plan zoning district. (West University Neighborhood Plan) Austin Energy does not oppose the requested sign variances, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 C-1/66C-1/67C-1/68C-1/69C-1/70C-1/71