B-13 (C14-2021-0033 - East 11th Street NCCD Amendment; District 1).pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0033 – East 11th Street Neighborhood Conservation Combining District (NCCD) Amendment (City Council-Initiated) DISTRICT: 1 ZONING FROM: Current East 11th Street NCCD development standards TO: Revised development regulations and land uses (no base zoning district changes) ADDRESS: IH-35 Northbound frontage road between East 12th Street and the northern alley of East 7th Street; East 11th Street from IH-35 to Navasota Street; Juniper Street between Branch Street and Navasota Street; Rosewood Avenue between Navasota Street and the eastern property line of 1314 Rosewood Avenue; and a segment of San Bernard Street SITE AREA: 28.15 acres PROPERTY OWNER: NA AGENT: City of Austin, Housing and Planning Department CASE MANAGER: Mark Walters (512-974-7695, mark.walters@austintexas.gov) STAFF RECOMMENDATION: The staff recommendation is to support the recommendations made by the Urban Renewal Board except for the creation of a new Subdistrict 4 and associated regulations for that subdistrict. For an overview of the recommended changes and specific recommendations see Exhibit C: Proposed Changes to The East 11th Street Neighborhood Conservation Combining District (NCCD) beginning on page 6. PLANNING COMMISSION ACTION / RECOMMENDATION: Pending CITY COUNCIL ACTION: May 20, 2021 ORDINANCE NUMBER: NA ISSUES: Staff has an alternative recommendation to the Urban Renewal Board’s regarding the creation of a new Subdistrict 4 and related subdistrict regulations. Due to the pandemic, the public’s participation in the development of these recommendations has been limited. Staff held a virtual public information meeting on April 20, 2021 to provide general information and to answer questions. 23 people attended. The questions and responses are attached in Exhibit D. 1 of 19B-13 BASIS OF RECOMMENDATION: • The proposed amendments to the NCCD support the goals of the Urban Renewal Plan for the East 11th and12th Street Urban Renewal Area, “Champion sustainable revitalization reflecting diversity, achieving equity, and preserving East Austin’s cultural history.” • The segment of East 11th Street between IH-35 and Navasota Street is designated as an Imagine Austin Activity Corridor. “Corridors are also characterized by a variety of activities and types of buildings located along the roadway — shopping, restaurants and cafés, parks, schools, single-family houses, apartments, public buildings, houses of worship, mixed-use buildings, and offices.” The proposed changes to the NCCD will support East 11th Street’s evolution into a more complete Activity Corridor. • Allowing denser mixed use development along East 11th Street and denser residential development along Juniper Street supports the Austin Strategic Housing Blueprint’s goal of locating 75% of all new housing within ½ mile of an Activity Corridor. WATERSHED: Lady Bird Lake, Waller Creek – Urban SCENIC ROADWAY: No EXISTING ZONING AND LAND USES: Varied NEIGHBORHOOD PLANNING AREA: Central East Austin TIA: Is not required Blackshear Elementary School CAPITOL VIEW CORRIDOR: Yes SCHOOLS: Kealing Middle School COMMUNITY REGISTRY LIST: ID 1092 1210 1528 477 1550 1363 1228 1595 511 1530 30 966 742 Organization Robertson Hill Neighborhood Association Plaza Saltillo TOD Staff Liaison Bike Austin El Concilio Mexican-American Neighborhoods Homeless Neighborhood Association SELTexas Sierra Club, Austin Regional Group Neighbors United for Progress Austin Neighborhoods Council Friends of Austin Neighborhoods Guadalupe Neighborhood Development Corporation Organization of Central East Austin Neighborhoods Austin Independent School District 2 of 19B-13Neighborhood Empowerment Foundation Austin Lost and Found Pets Waterloo Greenway Urban Renewal Board of the City of Austin East Austin Conservancy East End IBIZ District Blackshear-Prospect Hill Del Valle Community Coalition Guadalupe Association for an Improved Neighborhood Preservation Austin 1616 1774 1393 1007 1444 1325 925 1258 452 1424 CASE HISTORIES: NUMBER Ordinance #910260-C Ordinance # 010607-23 (The Bennett Tract) Ordinance #20080508-084 Amended initial NCCD to allow dense development along NB Established the East 11th Street NCCD Amended the initial NCCD to allow dense residential development along the NB IH-35 Frontage Road. Action Ordinance #20080508-085 Amended initial NCCD to allow dense development along NB Ordinance #20081211-080 This ordinance amended the initial NCCD by establishing the IH-35 Frontage Road IH-35 Frontage Road current Subdistrict 4 RELATED CASES: The Central East Austin Neighborhood Plan rezonings were completed under the City of Austin's Neighborhood Planning Program and was adopted as part of the Austin Tomorrow Comprehensive Plan on 12-13-01 (Ordinance #011213-41). INDEX OF EXHIBITS AND ATTACHMENTS Exhibit A: Aerial Map Exhibit B: Zoning Map Exhibit C: Proposed Changes to The East 11th Street Neighborhood Conservation Combining District (NCCD) Exhibit D: Staff Responses to Questions Complied from Public Information Meeting, SpeakUp Austin! Page, and Emails 3 of 19B-13Exhibit A: Aerial Map 4 of 19B-13Exhibit B: Zoning Map 5 of 19B-13Exhibit C PROPOSED CHANGES TO THE EAST 11TH STREET NEIGHBORHOOD CONSERVATION COMBINING DISTRICT (NCCD) BACKGROUND Beginning in late 2018 the Urban Renewal Board of the City of Austin (URB) began working on updating the Urban Renewal Plan for the East 11th and12th Street Urban Renewal Area (URP) and associated East 11th Street Neighborhood Conservation Combining District (NCCD). The purpose of their efforts was to update and streamline the URP and NCCD and to bring the two into alignment. The City Council authorized amending the NCCD via a resolution. The URP has been amended 11 times since its adoption in 1990. The NCCD was adopted in 1991. Although under Texas State law the provisions in an urban renewal plan supersede municipal land use regulations when there are conflicts, it has been the City’s practice to align the regulations in URP and the NCCD. Since its adoption, the East 11th Street NCCD has been amended several times and is currently almost 200 pages long. The length and complexity of the current ordinance makes it difficult to administer and difficult for property owners to clearly understand the entitlements associated with their property. Additionally, not every URP amendment had a corresponding NCCD amendment. The proposed amendments to the East 11th Street NCCD cover changing the ordinance’s subdistrict boundaries, development standards (building height, impervious cover, parking, building setbacks, etc.), and land uses. There are no base zoning district changes being recommended as part of this process. CHANGES TO THE NCCD SUBDISTRICTS The subdistricts provide the organizational framework for the NCCD. Development standards and land uses are based on what subdistrict a site is located. The URB’s proposed amendments to the NCCD establishes four subdistricts: 6 of 19B-13• Subdistrict 1 is along East 11th Street. • Subdistrict 2 is along Juniper Street • Subdistrict 3 is along the Northbound Frontage Road of IH-35 • Subdistrict 4 includes Rosewood Avenue, Navasota Street, and San Bernard Street. Although Subdistrict 3 and 4 are included in the NCCD, they are not included in the URP area as depicted on the Aerial Map on page 4. Subdistrict 3 was in the original 1991 NCCD, but has been amended three times to accommodate dense residential development along the NB Frontage Road of IH-35. The recommended amendments to the NCCD combines these amendments as well as standards from the original NCCD for an area not covered by these amendments into a single set of regulations for the subdistrict. The subdistrict’s regulations remain mostly unchanged except for simplifying the height standards and elimination of the floor-to-area ratio (FAR) requirements. The NCCDs subdistrict maps on the next three pages depict the existing subdistricts (Subdistrict Map A), the URB’s recommendations (Subdistrict Map B), and the staff recommendation (Subdistrict Map C). Subdistrict Map A: Existing NCCD Subdistricts 7 of 19B-13 Subdistrict Map B: URB Recommendations The URB’s recommendations would eliminate the existing Subdistrict 4 and create a new Subdistrict 4 at the portion of the NCCD. Property in the new district would be subject to the development standards and land use regulations associated with their base zoning (SF-2, CS, LO, etc.). The existing Subdistrict 4 that fronts East 11th Street and Juniper Street would become a part of Subdistrict 1 (facing East 11th Street) and Subdistrict 2 (facing Juniper Street. 8 of 19B-13Subdistrict Map C: Staff Recommendation The difference between the URB’s recommendation and the staff recommendation is that staff is not recommending the creation of new Subdistrict 4 and to retain the existing NCCD subdistrict boundaries for the area covered by the proposed new subdistrict. This subdistrict falls outside of the boundaries of the URP. Staff is making this recommendation to avoid downzoning properties whose entitlements under the NCCD are greater than what is allowed under the base zoning (e.g., allowing commercial in a residential zone) and to avoid the creation of nonconforming uses or noncompliant structures. 9 of 19B-13PROPOSED CHANGED TO DEVELOPMENT STANDARDS Building Heights The URB Recommended adjustments in the allowable building heights. The maps on the following three pages depict the current allowable building heights, the URB’s recommendation, and staff’s recommendation. Building Height Map A: Existing Building Heights 10 of 19B-13Building Height Map B: URB Recommendation The URB’s recommendation creates a transitional area along Juniper Street (proposed Subdistrict 2) by changing the allowed building height to 40 feet instead of 50 and 60 feet under the current regulations. It also sets a consistent 60-foot building height along the north side of East 11th Street. On the south side of East 11th Street their recommendation maintains the current standards. At the eastern end of the NCCD in the proposed new Subdistrict 4 (indicated by the dashed line in the map above) the recommendation is to allow the base zoning districts dictate maximum building height. 11 of 19B-13Building Height Map C: Staff Recommendation Staff’s recommendation reflects the URB’s except for the building height in the proposed new Subdistrict 4 (indicated by the dashed line in the map above). Instead of allowing the base zoning districts to establish building heights, staff’s recommendation is to retain the current standards which allow for 40 and 60 foot buildings. Setbacks The URB recommendation would not make changes to minimum setbacks in the 11th St. NCCD for properties within Subdistrict 1, 2, and 3. In the new Subdistrict 4, the base zoning district setbacks apply. The staff recommendation would not make changes to minimum setback requirements. The difference between staff and the URB’s recommendations is that staff is not recommending the creation of a new Subdistrict 4. Consequently, the setbacks allowed under Subdistrict 1 and 2 would regulate development in that area as depicted in Subdistrict Map C: Staff Recommendation. Compatibility The proposed NCCD amendments would waive compatibility standards that affect height and setbacks for Subdistrict 1 and 2; however, general compatibility standards relating to noise, lighting, and placement of parking, trash, and mechanical equipment. Impervious Cover The current NCCD has different impervious cover limits for properties in Subdistrict 1 depending on if the development is new (95%) or existing (100%). The URB recommendation is for 100% impervious cover in Subdistrict 1 and 80% impervious cover in Subdistrict 2. In Subdistrict 3 the impervious cover is based in the percentages listed in the ordinances that amended the initial East 11th Street NCCD. The impervious cover limits for Subdistrict 4 is based on the base zoning district. As stated above, staff is not recommending the inclusion of a new Subdistrict 4 and recommends the impervious cover for that area correspond to the Subdistrict depicted on Subdistrict Map C: Staff Recommendation. 12 of 19B-13 Floor Area Ratio (FAR) The current FAR regulations vary within the URP. Due to inconsistent updating of the NCCD following amendments to the URP, the two are not always aligned. Currently, the FAR depends on the size or use of the site. The URB’s recommendations are to remove FAR limits for Subdistrict 1, 2, and 3 and refer to the FAR of the properties Subdistrict 4 to their base zoning. As stated above, staff is not recommending the inclusion of a new Subdistrict 4 and recommends the FAR for that area correspond to the Subdistrict depicted on Subdistrict Map C: Staff Recommendation. Development Standards for Subdistrict 1, 2, and 3 STANDARDS SUBDISTRICT 1 SUBDISTRICT 2 SUBDISTRICT 3 60’ on the northside of E 11th St and on the southside of E 11th St between San Marcos St and Waller St 35’ on the southside of E 11th St between Waller St and Navasota St Tracts 1, 2: 150’ Tract 3: 100' Tract 4: 200' Tract 5: 60' Tract 6: 50' Tract 7: 160' Tracts 8, 9 ,11, 12: 40' Tract 10: 70' MINIMUM LOT SIZE MINIMUM LOT WIDTH MAXIMUM BUILDING HEIGHT FRONT YARD SETBACK (MINIMUM) STREET SIDE YARD SETBACK INTERIOR SIDE YARD SETBACK REAR YARD SETBACK MAXIMUM IMPERVIOUS COVER MAXIMUM BUILDING COVERAGE MAXIMUM FLOOR AREA RATIO (FAR) None 25' None None None None 100% 95% None None 25' 40' 15' 10 feet 5 feet 5 feet 80% 60% None None 50' None None None None None Tracts 1, 2, 3, 4, 7, 12 (100%) Tracts 5, 6, 8, 9, 10, 11 (95%) Tracts 1, 2, 3, 4, 7, 12 (100%) Tracts 5, 6, 8, 9, 10, 11 (95%) PROPOSED CHANGES TO USE STANDARDS The use standards for the East 11th Street NCCD are currently spread across five different ordinances, contain uses that are no longer in Austin’s Land Development Code (LDC), and have uses that were never part of the LDC (e.g., employee parking). Staff supports the URB’s recommendations. The use standards for Subdistrict 3 were taken from past amendments to the East 11th Street NCCD. Permitted Use, Uses Permitted with Conditions, and Conditional Uses The proposed changes to the NCCD create three types of allowable uses. • Permitted—Allowed by-right 13 of 19B-13• Permitted with Conditions—Allowed without special permission, but special conditions must be met to have the use. The two most common special requirements are that a use be on the ground floor or that a use must be located on upper floors. • Conditional Use—Allowed only if the Planning Commission approves the use request. Uses Only Permitted on Specific Addresses The URB identified properties that have uses that may not overall support the goals of the URP, but are currently in operation. To accommodate these uses, the recommendations call specific uses and addresses. Here are a few examples: • Club or Lodge (1017 E. 11th) • Cocktail Lounge (1104 & 1133 E. 11th) • Single-family (1119 E. 11th). Subdistrict’s 1 and 2 Use Tables Below are the Use Tables for Subdistricts 1 and 2. If a use is not listed, it is not allowed. USES CONDITIONS AND EXCEPTIONS SUBDISTRICT 1 SUBDISTRICT 2 COMMERCIAL USES Administrative and Business Offices PC PC Not allowed on a ground floor of a building fronting E 11TH Street Art Gallery Art Workshop Food Sales General Retail Sales (Convenience) Hotel-Motel Indoor Entertainment Liquor Sales Medical Offices—not exceeding 5,000 sq./ft of gross floor space Personal Improvement Services Personal Services Professional Offices P P PC PC PC PC P C P P PC PC P P — — — — — P — — — Only allowed on a ground floor of a building fronting E 11TH Street Only allowed on a ground floor of a building fronting E 11TH Street Bedroom may not be located on a ground floor of a building fronting E 11TH Street Limited to 3,000 square feet of gross floor area Not allowed on a ground floor of a building fronting E 11TH Street Allowed on E 11TH Street on the ground floor of a building with a historic landmark designation and on all other floors in buildings that do not have a historic landmark designation. Restaurant (Limited) — Only allowed on a ground floor of a building 14 of 19B-13Restaurant (General) Special Use Historic Theater PC C PC — C PC fronting E 11TH Street Only allowed on a ground floor of a building fronting E 11TH Street Not allowed on a ground floor of a building fronting E 11TH Street 15 of 19B-13SUBDISTRICT 1 SUBDISTRICT 2 CONDITIONS AND EXCEPTIONS RESIDENTIAL USES PC Not allowed on a ground floor of a building fronting E 11TH Street Not allowed on a ground floor of a building on E 11TH Street PC Type 2 Short-term rental is prohibited CIVIC USES Not allowed on a ground floor of a building USES Condominium Residential Group Residential Multi-Family Residential Retirement Housing (Small Site) Townhouse Residential Short-Term Rental College & University facilities Community Recreation (Private) Community Recreation (Public) Congregate Living Cultural Services Day Care Services (General) Day Care Services (Limited) Family Home Group Home Class I (General) Group Home Class I (Limited) Group Home Class II Local Utility Services Private Primary Educational Services Private Secondary Educational Services Public Primary Educational Services Public Secondary Educational Services Religious Assembly Safety Services PC C PC P — PC C C C C P C P P P P P P C C P P P C C P P P C C C C P C P P P P P P C C P P P C Counseling Services PC PC Not allowed on a Ground floor of a building on E 11TH Street. Guidance Services PC PC Not allowed on a Ground floor of a building on E 11TH Street Telecommunication Tower PC PC Prohibited unless located on a rooftop 16 of 19B-13Exhibit D: Staff Responses to Questions Complied from Public Information Meeting, SpeakUp Austin! Page, and Emails 1. Were there any uses removed from the permitted list on E. 12th Street? Yes, the current NCCD relies on the base zoning and prohibits additional uses. The proposed uses has a table of permitted uses. 2. On the ft chart: how many stories is 50 ft? 3 to 4 stories depending on floor to ceiling heights. 3. Why is Rosewood allowed to build to 60' when homes on 11th street adjoin to those lots? Current entitlement allow 60’ in height along Rosewood. 4. Residential lots on Angelia are also adjacent to the Rosewood lots allowing 60' Height WHY??? Adjacent to Angelina, the base zoning allows 40 ft of height. 5. For East 12th street, when the FAR restrictions are removed, will the FAR still be set by the base zoning? No, the recommendation is that there will be no FAR limits for properties within the 12th St NCCD. 6. With the growth of Austin, these small-scale solutions seem completely out of date. Why are we not making changes for more density? Why aren’t we building more housing near the core, and fulfilling “compact and connected” Imagine Austin goal? Both segments of East 12th Street and East 11th Street covered by NCCDs are Imagine Austin Activity Corridors. The regulations being proposed are in alignment with that designation. The URP and NCCDs permit and encourage a variety of housing types through the use regulations including townhouse, condominium and multifamily. Development standards are designed to allow new development that is compatible to the context. East 11th Street is intended to be a more robust commercial area; whereas East 12th Street is intended to become a more modestly scaled mixed use district. 7. Doesn't base zoning govern use on both 11th and 12th now? i.e., a use must be allowed by base zoning and also by the URP/NCCD use charts? On both streets? Currently the 12th Street NCCD relies on a property’s base zoning for uses and the 11th Street has a list of permitted/conditional uses by subdistrict. Additionally the URP included use regulations. The proposed NCCDs have a list of permitted, permitted with conditions and conditional uses and in some cases the use must also be allowed by the base zoning. The use table in the proposed URP mirror the regulations in the NCCD. 8. Driving on the side streets between East 11th and East 12th Street is a challenge due to parking on both sides of the street. Does the zoning address the possibility of changing some of the streets into one way streets? This does not fall under zoning regulations. 9. Telephone poles blocking the entrance on 12th Street Properties for construction purposes they have to be lowered. This does not fall under zoning regulations. 10. Does the zoning address Short Term Rental's on East 12th Street? Short Term Rentals are not allowed within the East 12th St NCCD. 11. How could these changes be impacted by a future citywide LDC rewrite? The land use regulations and development standards for the proposed Urban Renewal Plan (URP) amendments are contained in the East 11th Street and East 12th Street NCCDs. Under the recent code 17 of 19B-13revision process, NCCDs were left unchanged. Additionally, because the URP supersedes the Land Development Code and NCCDs, those standards will remain place until the plan is amended or expires. 12. What was the purpose behind the creation of subdistrict 4 within the 11th St NCCD? By reverting to the base zoning it seems that the section bordering Rosewood Ave is effectively being removed from the NCCD for all intents and purposes. The NCCD refers to the properties within Subdistrict 4 to their base zoning standards. There are no additional regulations for subdistrict 4 within the proposed draft. 13. If we want East 12th to be walkable why aren’t more uses being permitted so that people have a diversity of destinations close to where they live? The uses on East 12th Street allow for a variety of shops, restaurants, and services. The use list was designed to create an active pedestrian-oriented street. 14. If there are carve outs to preserve existing businesses that are part of existing culture, should there not be carve outs for changes to zoning to help preserve historic structures to help preserve the character and history of the neighborhood? There are properties in both NCCDs that have historic zoning which is the zoning tool to protect historic structures. There was community concern that allowing too many bars could adversely affect the area. 15. "In Subdistrict 1 and 2, height tailored to be compatible with adjacent properties outside the NCCD." Why not do this with subdistrict 4? 60' is significantly higher than the residential lots that border the adjacent properties on Angelina St. The current proposal is that properties within subdistrict 4 are subject to their base zoning entitlements. Properties fronting Rosewood Avenue currently have a height maximum of 60 feet. 16. Does base zoning standards apply to the properties on Rosewood that allow the 60' height restriction? Along the south side of Rosewood Avenue, base zoning allows 60’ height. Height maximums are lower along the north side. 17. Can you share again please, in layman’s terms, what the goal is of this meeting is and what is being proposed? The public meeting on April 20th was held to give information and answer questions about the proposed changes. The proposed Urban Renewal Plan and NCCDs are being updated to modernize and align the regulations. 18. 12th and Chicon has maintained some long running and unique bars for the neighborhood. Any growth here has been severely restricted, is there a reason for that? (clarified: cocktail bars, or bars in general) Limiting bars/cocktail lounges to existing locations was done to address community concerns that by not limiting them, there could be a surge of new bars locating to the area. 19. Were billboards considered in the land use standards? Billboards are not considered as a part of rezoning. Regulations on billboards can be found in the sign chapter of the Land Development Code. 20. Is there any plan to bury the many unsightly power and telecommunications lines on E12th St? Staff is not aware of any plans to bury utility lines. 21. Why are the heights not all the same? Why is height higher on North side? In the East 12th Street NCCD the heights reflect current entitlements. In the East 11th Street NCCD, heights have been applied based on the allowable heigh on adjacent parcels. 18 of 19B-13 19 of 19B-13