Item 3.a - Draft E 11th and 12th Streets Urban Renewal Plan Amendment — original pdf
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FINAL DRAFT FOR REVIEW MARCH 16, 2020 UPDATED JULY 20, 2020 URBAN RENEWAL PLAN FOR THE EAST 11TH AND 12TH STREETS URBAN RENEWAL PLAN AREA 1484775.v1 TABLE OF CONTENTS 1. Boundary Description 2. History 2.1 Accomplishments 3. Vision, Purpose, Authority and Scope 4. Redevelopment Strategy 5. Applicability of NCCD Controls 6. Land Use 7. Relocation of Persons, Businesses (including individuals and families, business concerns, and others displaced by the project) 8. Duration and Modification Procedures of URP Appendices: Appendix A: East 11th and 12th Street Urban Renewal Plan; Amendments Appendix B: East 11th Street and East 12th Street Neighborhood Conservation Combining District (NCCDs); Amendments Abbreviations commonly used in the document: URP – Urban Renewal Plan URA‐Urban Renewal Agency ARA – Austin Revitalization Authority Note: Some of the tables and figures from the original 1999 Urban Renewal Plan have been deleted or modified, as they were no longer accurate or relevant. The original plan is available at this website: http://www.austintexas.gov/department/urban-renewal-plan 1484775.v1 Commented [EM1]: Term not used elsewhere in document (is it used in other documents?). Commented [EM2]: Appendix A? Should this instead say “the documents listed in Appendix A” since there is no depiction or area description in Appendix A? EAST 11 TH & 12TH STREETS URBAN RENEWAL PLAN (URP) 1. BOUNDARY DESCRIPTION The formal boundaries of the East 11th and 12th Streets Urban Renewal Area (UR Area) are set forth in Exhibit A and the ordinance approving this URP. In general, the boundaries are: The East 11th Street Corridor, including properties within one‐half block of the north frontage of East 11th Street and south frontage of Juniper Street, from Branch Street on the west to Navasota Street on the east; and properties within one‐half block of the south frontage of East 11th, from San Marcos Street on the west to Navasota Street on the east. The East 12th Street Corridor, including properties within one‐half block of the north frontage of East 12th and between the IH‐35 Northbound Frontage Road on the west to Poquito Street to the east; and properties within one‐half block of the south frontage of East 12th Street, from Branch Street on the west to Poquito Street on the east. 2. HISTORY This East 11th and 12th Streets Urban Renewal Plan (“URP" also referred to as the East 11th and 12th Streets Community Redevelopment Plan or “CRP”), is a comprehensive document defining the official public policy guidelines of the City of Austin (City) for driving public and private redevelopment actions within the East 11th and 12th Streets Urban Renewal Area in compliance with Texas Local Government Code, Chapter 374. The URP’s original conceptual approaches and strategies for the entire Central East Austin area were defined as part of the Central East Austin Master Plan (“Master Plan”) prepared in January 1999, by representative members and organizations of the Central East Austin community with the professional and technical assistance of the Crane Urban Design Team and the Austin Revitalization Authority (ARA). The Master Plan provided a general framework for developing the Central East Austin Neighborhood Plan which was adopted by Austin City Council under Ordinance No. 011213‐41. Two critical Subareas of the Master Plan are the East 11th and 12th Street Corridors, which were identified to be the location of much of the new commercial/office redevelopment called for in the Master Plan. In November 1997, the City of Austin (City) declared this area to be slum and blighted and designated these corridors as appropriate for an urban renewal project. Under Chapter 374 of the Texas Local Government Code, the Urban Renewal Agency (URA) and the City are granted a series of redevelopment roles and responsibilities regarding urban renewal areas including approval of projects for compliance with an urban renewal plan and the use of eminent domain powers. As originally adopted in 1999, the URP was intended to identify and implement mechanisms to eliminate the negative forces of urban blight, distress and impaired development within the area and to pursue a Page 3 of 18 Formatted: Font: (Default) +Body (Calibri) Formatted: Line spacing: single, Widow/Orphan control fresh, self‐determined vision of Central East Austin as a self‐sustaining, progressive community for the 21st century. The overall goals and action priorities of this URP reflected a broad consensus of residents, businesses, property owners, institutions, and community activists. This consensus was the result of substantial cumulative planning and revitalization efforts over a period of three years and has been reconsidered and reestablished through this updated URP. This URP defines specific redevelopment projects and associated regulatory controls intended to assure quality, compatible, mixed‐use development along these critical commercial arteries. The redevelopment process has been guided by the URA consistent with state law, the Master Plan, the URP, and a Development Agreement that was negotiated between the City, URA, and the Austin Revitalization Authority (ARA). In order to carry out specific redevelopment projects identified in the URP, the City of Austin secured a $9,035,000 Section 108 Loan Guarantee Assistance Program (Section 108) from the U.S. Department of Housing and Urban Development (HUD) in December 1999. Also in 1999, the City, the URA and the ARA entered into an Acquisition, Development and Loan Agreement (commonly referred to as the “Tri‐Party Agreement”) that identified the roles and responsibilities of the City, URA and the ARA as it related to the redevelopment activities of the URP area. This agreement expired in September 30, 2010. The City, in partnership with the URA, is now carrying out the redevelopment activities called for under the URP. 2.1. ACCOMPLISHMENTS Since the adoption of the 1999 Plan, through efforts of the City of Austin, Urban Renewal Agency and Austin Revitalization Authority the following has been accomplished related to the Plan area: Historic Preservation Haehnal Building located at 1101 East 11th Street Arnold Bakery located at 1010 East 11th Street Chapman House located at 901 East 12th Street Connelly‐Yerwood House, a.k.a. the Pink House located at 1115 East 12th Street Dedrick‐Hamilton House located at 912 East 11th Street: This house along with the African American Cultural and Heritage Facility are the flagship buildings for the African American Cultural and Heritage District. Travis County Negro Agricultural Extension Office (a.k.a., Herman‐Schieffer House and/or East Room) located at 1154 Lydia Street In 2016, the City of Austin through Hardy‐Heck‐Moore, Inc., completed the East Austin Historic Resources Survey with an objective to locate, identify and photograph potentially eligible structures and potential historic districts within the survey area of with included the East 11th and 12th Streets Urban Renewal Plan area. The complete historic resources survey may be found at this link: http://www.austintexas.gov/page/east‐austin‐historic‐ survey. Page 4 of 18 Commented [HS3]: OCEAN’s recommended edit. On April 15, 2019, the Urban Renewal Board voted to express its strong preference that current, potential or recommended historic landmarks within the boundaries of the East 11th and 12th Street Urban Renewal Plan to be renovated in their current location and not be moved. Preserving historic buildings is crucial to retaining what is left of the East 11th and 12th Street’s history and protects the area’s cultural heritage renovation and rehabilitation of existing structures, especially in the case of properties identified as historic landmarks or contributing to historical character, as opposed to demolition or relocation is consist with the community’s vision in the Urban Renewal Plan for East 12th Street. This also supports the mission of Six Square in preserving and celebrating the rich cultural legacy of Austin’s African American community in Austin’s African American Cultural District. Infrastructure Improvements – East 11th Street Streetscape improvements, i.e. sidewalks, furniture Upgraded the water and wastewater lines on East 11th and Juniper streets Converted utility and telecommunication lines from overhead to underground Transportation and Streetscape Improvements – East 11th Street Completed streetscaping beautification project including widening of sidewalks, installing decorative light posts, the 11th Street Archway and the Dr. Charles Urdy Plaza that includes a clock tower and a tile mosaic art wall. Completed construction of a 10‐space community parking facility at 1205 E 11th Street Completed construction of a 20‐space community parking facility at 1400 E 12th Street Residential Development – East 11th Street Juniper Townhomes – Located on the south side of the 1000 Block of East 11th Street, between Curve Street and Olive Street. This project consists of 16 units, two of which are owned by the Austin Housing Finance Corporation and will be sold to households at or below 80% of the median family income (MFI) for the Austin‐Round Rock area. Residential Development – East 12th Street 1001‐1105 East 12th Street – Through a competitive process, the City of Austin sold the lots to the Butler Family Partnership, Ltd. Ten townhomes were constructed. One of the units was sold to a household at or below 80% MFI for the Austin‐Round Rock area. 1190 ‐1198 Navasota Street – Through a competitive process, the City of Austin sold the lots to the Butler Family Partnership, Ltd. Five townhomes were constructed. One of the units was sold to a household at or below 80% MFI for the Austin‐Round Rock area. Commercial Development – East 11th Street Street–Jones and Snell Building Construction– 57,000 SF Office and Retail space (Block 17 on East 11th Street) Total of 50.5 low/mod new jobs East Village Lofts – Vertical Mixed‐Use Project (Block 19 of East 11th Street) Project is a mix of 20 residential lofts and 11 retail and office units. Page 5 of 18 New Mixed‐Use Development – East 12th Street 1120 East 12th Street – Through a competitive process, the Urban Renewal Agency sold the lots to the Butler Equity Holdings, Ltd. to develop a mixed‐use development in July 2015. March 16, 2017 the property was transferred from Butler Equity Holdings, LLC to MSASSI, LLC. March 16, 2017, the property was transferred from MSASSI, LLC to Badger Boulevard, LP. (Entity is now known as The Gilfillan Group.) While there is no active development at this site, in public meetings the Gilfillan Group has represented to the URA that it is actively planning for the future development of this and other parcels it owns in and around the URP area. 1322‐1336 East 12th Street – Through a competitive process, the Urban Renewal Agency sold the lots to the Butler Equity Holdings, Ltd. to develop a mixed‐use development in July 2015. Ten percent of the residential units will be reserved to be sold to households at or below 80% of the median family income (MFI) for the Austin‐Round Rock area. The project is under construction with an estimated project completion time in Summer 2020. Façade Improvements East 11th Street East 12th Street Private Investment 1115 East 11th Street (Blue Dahlia restaurant) 901 East 12th Street (SNAP Management Group, Inc.) 1818 East 12th Street (Mission Possible) 1914 East 12th Street (Ideal Barber Shop and Galloway Sandwich Shop) Several private developments on both East 11th and 12th Street have been completed, including a boutique hotel, restaurants, a grocery/café, bars and mixed‐use developments. NOTE: It is important to acknowledge that the above accomplishments have been made in the URP area, but also to note the URP area has not yet fulfilled its potential as a mixed‐use, urban community. East 11th Street has experienced improvements whereas, East 12th Street still has numerous vacant parcels and/or vacant buildings, and the East 11th and 12th Street corridors remain underutilized and somewhat inconsistent with the community vision. In December 2018, and in support of the URP, the Austin City Council (Council) extended the Urban Renewal Plan’s expiration date until 20284. with a five‐year evaluation to determine the continued need for the Urban Renewal Plan and the Urban Renewal Agency In five years, 2024, the City Manager is to evaluate whether there is continued need for the URP and the URA. The evaluation and recommendation are to be provided to the URA and Council. The URA is also to provide Council with a recommendation. During the ten year extension, the City Manager is to work with the Page 6 of 18 Urban Renewal Agency and other key community partners to carry out the strategies described in the Economic Opportunity and Affordability section in the City’s strategic plan (Strategic Direction 2023) Council encouraged the City Manager to include the Office of Performance Management, Neighborhood Housing and Community Development, Planning and Zoning Department, Economic Development Department and the Office of Real Estate Service in carrying out these activities. 3. VISION, PURPOSE, AUTHORITY AND SCOPE VISION A vibrant, diverse, and sustainable revitalization of the East 11th and 12th Street corridors.Promote a historically respectful, diverse, and sustainable revitalization of the East 11th and 12th Street corridors. Promote a historically respectful, diverse, and sustainable revitalization of the E 11th and 12th Street corridors that is compatible in scale and intensity of use with its surrounding context. The achievement of a resident‐informed revitalization of the East 11th and 12th Street corridors that is historically respectful, diverse and sustainable. PURPOSE An Urban Renewal Plan's primary purpose is to eliminate slum and blighting influence within a designated area of the city. This plan will further that purpose by; identifying and facilitating the development of mix use projects with affordable residential options for the 11th and 12th Street corridors that does not accelerate displacement, and enhances where people work, live and play (e.g. entertainment) around neighborhood oriented and pedestrian friendly retail, and office space. identifying and facilitating the development of mix use projects for the 11th and 12th Street corridors that enhance where people work, live and play (entertainment) around neighborhood oriented and pedestrian friendly residential, retail, and office space. An Urban Renewal Plan's primary purpose is to eliminate slum and blighting influence within a designated area of the city. This plan will further that purpose by identifying and facilitating the development of mixed-use projects with affordable residential options for the 11th and 12th Street corridors that enhances where people work, live and play (e.g. entertainment) around neighborhood-oriented and pedestrian- friendly retail and office space while taking care to prevent displacement. AUTHORITY Under Texas Local Government Code, Chapter 374, Urban Renewal in Municipalities, upon the completion, adoption and recordation of the URP, the URA gains the authority to apply special urban renewal powers and tools to address existing "slum" and/or "blight" conditions which have been found to threaten the public safety, health, and welfare, and which act as impediments to sound private Page 7 of 18 Commented [HS4]: OCEAN’s recommended edit. Staff took the liberty to shorten the language from the full ordinance. Commented [HS5]: OCEAN’s recommended edit. Commented [HS6]: Commissioner Motwani’s recommended edit. Commented [HS7]: Commissioner Motwani’s recommended edit. investment, stable property values, and viable conditions for rendering public services. The URA’s Board of Commissioners’ primary responsibility is to oversee the implementation and compliance of approved Urban Renewal Plans that are adopted by the Austin City Council. SCOPE This URP and the public purposes it fulfills extend well beyond the levels of public intervention that can occur through normal City development regulations, housing and community development assistance, or capital improvement programs. Under Texas Local Government Code, Section 374.014(f), the adopted urban renewal plan controls the land use and building requirements applicable to properties within an urban renewal area. If the Urban Renewal Plan is silent to provisions found in other adopted codes, ordinances or regulations of the City of Austin, those development regulations shall control. Where there is conflict between the Urban Renewal Plan provisions found in other adopted codes, ordinances or regulations of the City of Austin, the Urban Renewal Plan shall control. The following is a summary listing of typical local government tools and tactics that are widely employed in responsive, preservation‐oriented redevelopment local jurisdictions throughout the United States: implementation strategies in many a. Urban renewal plan/development controls: These may include: designating areas within the redevelopment area that are set up as zoning districts; reducing land uses that are incompatible with the accepted development standards; restricting parking and access to properties; setting guidelines which restrict design within the development area; and establishing project review and approval procedures. Actions specifically undertaken by the URB in the past have included: i. ii. Reviewing periodically the plan and overlaying regulations, such as Neighborhood Conservation Combining Districts (NCCDs). Reviewing requests to modify the URP and making recommendations to Austin City Council relating to such modifications. b. Public improvements and area redevelopment financing: A varied range of tax‐exempt public and private financing mechanisms can be devised to support infrastructure and public facility improvements, property acquisition, site preparation, and other temporary or permanent redevelopment costs. Examples include Section 108 loan funds; G.O. Bonds; and tax‐exempt revenue bonds. c. Special private development incentives: These may include financing, tax, and regulatory incentives linked with economic development, affordable housing, historic preservation and other public contributions keyed to revitalization of a blighted area. As one example, an NCCD is a zoning overlay that modifies zoning requirements in a specific area. d. Property acquisition for public and private re‐use sites: This tool includes options for public acquisition for fair market value (FMV) by negotiated or eminent domain procedures. Special Page 8 of 18 provisions can be designed to encourage private land assembly and/or development project participation by existing property owners and other community‐based interests. e. Property disposition and long‐term covenants: Orderly processes of project construction and long‐term use agreements can be tailored to circumstances of any project where public development assistance is provided. The URA desires to continue the consideration of the use of all of these tools, and others, in achieving the vision of this URP in accordance with the general principles of the East 11th and 12th Street Development Strategy conducted in 2012. The East 11th and 12th Street Development Strategy can be http://www.austintexas.gov/sites/default/files/files/Housing/Commercial_Revitalization/Final_11th_1 2th_Street_Technical_Report_‐_March_5.pdf found at this link: 4. REDEVELOPMENT STRATEGY The previous version of the URP envisioned East 11th Street as a place for higher‐intensity, mixed‐use development, where new development can build on the historical strengths of the corridor for the creation of a dynamic entertainment/retail/housing area. This included potential hubs and mixed‐use developments for restaurants, nightclubs, clothing stores, antique stores, bookstores, coffeehouses, live‐work offices and studios, and other uses. The East 11th Street corridor has been largely developed since the date of the previous version of the URP adoption, but this URP continues to view this corridor as being appropriate for such developments. In contrast, East 12th Street was considered to be a more residentially compatible opportunity for neighborhood‐based retail, small‐scale offices, and housing. Consistency with existing housing was of primary importance, and desired uses and development included professional offices, a laundry, convenience stores, bed and breakfasts, duplexes, and townhomes. The expressed community desire included encouraging as much retail development as possible along East 12th Street. The East 12th corridor has seen smaller developments since the date of the previous version of the URP adoption, but remains largely undeveloped. Infrastructure along the East 11th Street corridor has benefited in recent years from City investment in streetscape improvements, utility line burial and water/wastewater line upgrades. The infrastructure along East 12th Street was identified in the 2012 East 11th and 12th Street Development Strategy, Appendix B, as an area in need of improvement for streetscaping, the undergrounding of utilities and upgrades to water/wastewater lines. Page 9 of 18 5. APPLICABILITY OF NCCD CONTROLS The previous version of the URP contained several distinct project areas that contained a near lot‐by‐lot description of development controls, including depictions referred to as “tear sheets” that among other things narrowly described the potential uses of a particular project area or lot. It has been determined that this lot‐level of developmental control was far too limiting and confusing and did not encourage development of the URP area. In addition, at the time of the writing of this URP, overlapping developmental controls known as Neighborhood Combining Conservation Districts (NCCDs) are also being modified and updated in consultation with the URA and with local stakeholders. By streamlining the developmental controls under this URP to refer primarily to the NCCDs, the community vision and community input into development will be preserved, while greatly simplifying the process for interested parties to determine what uses and development are permissible throughout the URP area, and for any particular project area or lot. NCCD’s are zoning overlays that modify uses and site development regulations of a base district located in the NCCD in accordance with a neighborhood plan. In addition, the East 11th and 12th Streets NCCD’s are zoning tools to implement the East 11th and 12th Street Urban Renewal Plan. There are currently two NCCD’s that contain site development controls that pertain to the URP area the East 11th Street and East 12th Street NCCDs. This URP adopts, as its site development controls, the site development controls in those NCCD’s as they exist on the date of the adoption of the URP. Pursuant to Texas Local Government Code Section 374.014(f), after a city approves an urban renewal plan, the provisions of the plan that relate to the future use of the affected property and the building requirements applicable to the property control with respect to that property, as such, future modifications to the NCCDs (or elimination of the NCCDs) shall not affect this URP unless such modifications are separately adopted as an amendment to the URP. This URP adopts as its site development controls the site development controls in those NCCD’s as they exist on the date of the adoption of the URP. Future modifications to the NCCD’s shall not affect this URP unless such modifications are separately adopted as an amendment to the URP. 6. LAND USE Permitted, Conditional and Prohibited Uses Information Additional information regarding the NCCDs is in Appendix B, attached hereto. Commented [HS10]: OCEAN’s recommended edit. Commented [HS8]: Language provided by URA’s Legal Counsel Commented [HS9]: OCEAN recommended adding a map reflecting maximum permitted height chart by each NCCD Subdistrict within the URP. A. In this section, unless provided for elsewhere, uses not listed in this table, or not listed in this table not listed as Permitted (P), Permitted with Conditions (PC), Conditional (C) or Prohibited (‐), are prohibited. with Save and Except are prohibited. B. Existing uses which are prohibited at the time of the adoption of this URP shall be considered existing non‐conforming uses and shall be subject to the City’s regulations regarding non‐conforming uses. Commented [HS11]: Language provide by URA’s Legal Counsel Page 10 of 18 Those uses which are designated as a “save and except” exception in this section shall be considered existing legal conforming uses. The following are the “save and exceptionsexcept “exceptions to the Permitted, Conditional, and Prohibited Uses described in the table in this section: 1. A Cocktail Lounge is a permitted use limited to the ground floor of a building located at 1133 E 11th Street, 1104 East 11th Street and 1808‐1812 East 12th Street. 2. A Funeral Service is an allowed use at 1300 E 12th Street and 1410 E 12th Street 3. A Condominium Residential and/or Townhome is an allowed use at 1001, 1003, 1007, 1009, 1011, 1013, 1015, 1101, 1103 and 1105 East 12th Street. 4. Single‐Family Attached Residential, Single‐Family Residential, Small Lot Single‐Family Residential and Two‐Family Residential is an allowed use at 1119 E 11th Street and 903, 905, 1201, 1205, 1209, 1215, 1301, 1309, 1315, 1319, 1511, 1517, 1521, 1601, 1603, 1611, 1615, 1713, 1803 (A&B) East 12th Street Add 904, 1203, 1205, 1219, 1310, 1416, 1501, 1514, 1518 East 12th Street; 1203, 1205 Olander Street, 1196 and 1198 San Bernard Street, 1194, 1196 and 1198 Navasota Street 5. A Club or Lodge Use is an allowed use at 1017 East 11th Street and 1704 East 12th Street. 6. Hotel/Motel with ground floor bedroom fronting East 12th Street is an allowed use at 810 and 900 East 12th Street. Art Gallery Art Workshop Cocktail Lounge Food Sales Funeral Services Uses Permitted Conditions and Exceptions Administrative and Business Offices PC Not allowed on the ground floor of a building fronting E 11th and 12th Street COMMERCIAL USES P P C PC ‐ Save and Except 1133 E 11th Street, 1104 E 11th Street, and 1808‐1812 East 12th Street Only allowed on the ground floor of a building fronting E 11th Street or E 12th Street Save and Except 1300 E 12th Street and 1410 E 12th Street Page 11 of 18 Commented [HS12]: OCEAN recommended including an appendix or back‐up document that provides complete and specific information about how this language impacts ability to modify/rebuild and resume use after vacancy. Notify all property owners within the Plan Area to consult this section to verify whether or not the proposed changes to permitted use will impact their property and point them to the appendix or back‐up document that provides clarification. Commented [HS13]: OCEAN’s recommended edit. In addition; All addresses in 6.0 B3 as they were built Single Family. Commented [HS14]: OCEAN’s recommended edit. Commented [HS16R15]: Staff’s reply: The Commercial Use chart was presented at the December 16, 2019 meeting. At that meeting, it was discussed to change from prohibited to conditional with the Chair noting further discussion would occur at the next meeting . At the January 13, 2020 meeting, back up for the Commercial Use chart reflected conditional use for Cocktail Lounge in Subdistrict 1 of the E 11th Street NCCD and the Urban Renewal Plan. Lengthy discussion was held on this use. The permitted use chart presented as backup was approved at the January 13, 2020 meeting. At the December 16, 2019 meeting, discussion was held regarding the potential of inconsistencies between the URP and the East 12th Street NCCD based on decisions the URA will be making. Jana McCann, with McCann Adams Studio, responded that a minor cleanup would need to occur to the East 12th Street NCCD to correct any inconsistencies. Commented [HS15]: OCEAN’s comment: Our notes indicate the Board voted to prohibit Cocktail Lounge on E 12th Street except two address. Amend the permitted use chart to be consistent with Board action that Cocktail Lounge is not a permitted use on East 12th Street, except at two address, by adding: “Only allowed as in 6.0B.1” to the column labeled “Permitted Conditions and Exceptions. Absent that clarification, the Plan permits Cocktail Lounge everywhere within the Plan Area because it supersedes the E 12th Street NCCD controls. That is inconsistent with Board intent to be consistent with NCCD controls for that use. Did the Board support the use on E 11th as conditional? Or only at a few addresses? Uses Permitted Conditions and Exceptions General Retail Sales (Convenience) PC Only allowed on the ground floor of a building fronting E 11th Street or E 12th Street Not permitted on bottom floor, bottom floor must contain an auxiliary use for E 11th and E 12th Street Bedroom may not be located on the ground floor of a building fronting E 11th Street or E 12th Street. Limited to 3,000 square feet of gross floor area Not allowed on the ground floor of a building fronting E 11th Street and E 12th Street Not allowed on ground floor fronting E 11th in any buildings other than Historically Designated buildings.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. Only allowed on the ground floor of a building fronting E 11th Street and E 12th Street Only allowed on the ground floor of a building fronting E 11th Street and E 12th Street Not allowed on the ground floor of a building fronting E 11th Street Not allowed on the ground floor of a building fronting E 11th Street or E 12th Street. Not allowed on the ground floor of a building fronting E 11th Street. Not fronting E 11th and E 12th Street Save and except all existing uses Save and except all existing uses RESIDENTIAL USES 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 Restaurant (Limited) Restaurant (General) Special Use Historic Theater Condominium Residential Group Residential Multi‐Family Residential Retirement Housing (Small Site) Single‐Family Attached Residential Single‐Family Residential PC PC P C P P PC PC PC C PC PC C PC P PC — — PC — Page 12 of 18 Small Lot Single‐Family Residential Save and except all existing uses Townhouse Residential Two‐Family Residential Not allowed fronting E 11th or E 12th Street. Save and except all existing uses Commented [HS17]: For the prohibited uses with “save and except” all addresses have been listed at the beginning of the Use chart and the uses will be removed from the chart. Uses Permitted Conditions and Exceptions Short‐Term Rental (STR's) PC Type 2, Short‐term rental is prohibited. Club or Lodge — Save and except 1017 E 11th Street and 1704 E 12th Street College & University facilities Only allowed on the second floor of a building. CIVIC USES C C C C P C P P P P P PC CP C C CP CP P C Community Recreation (Private) Community Recreation (Public) Congregate Living Counseling Services PC 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 Guidance Services Local Utility Services Private Primary Educational Private Secondary Educational Services Services Public Primary Educational Services Public Secondary Educational Services Religious Assembly Safety Services Not allowed on the ground floor of a building on E 11th Street or E 12th Street. Not allowed on the ground floor of a building for E 11th Street or E 12th Street. Telecommunication Tower PC Prohibited unless located on a rooftop. A. Save and Except – is a property or address titles as “save and except” is exempted from the prohibition of its use as that use was in existence at the time of the modification of the URP dated_________ Page 13 of 18 All properties within the URP area that are a prohibited uses and are not listed as a “save and except” will be considered nonconforming uses or noncomplying structures and shall be subject to Article 7, Nonconforming Uses and Article 8, Noncomplying Structures in the City of Austin’s Land Development Code Sections 25‐2‐941 through 25‐2‐964, as amended. 7. RELOCATION OF PERSONS, BUSINESSES (INCLUDING INDIVIDUALS AND FAMILIES), BUSINESS CONCERNS, AND OTHERS DISPLACED BY THE PROJECT If the URA receives Federal funds for real estate acquisition and relocation, the URA shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation and Assistance and Real Property Acquisition Policies Act of 1970, as amended. The URA may also undertake relocation activities for those not entitled to benefit under federal law, as the URA may deem appropriate for which funds are available. Persons leasing property held for redevelopment (i.e., those tenants who commence tenancy after acquisition by the URA) shall not be eligible for relocation benefits. In the event the URA activities directly result in the displacement of families within the Area, the URA shall relocate such displaced families into decent, safe, and sanitary dwelling accommodations without undue hardship to such families as required by law. For any other activity, the URA will comply with the provisions of the Law regarding relocation. The URA reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as provided under the Act or the Law. All relocation activities of the URA will be conducted by the City of Austin. 8. DURATION AND MODIFICATION PROCEDURES OF URBAN RENEWAL PLAN (URP) A. Termination of URP. The URP and the controls described in Sections 5 and 6 for the URP area shall expire, and no longer be in force or effect, after September 30, 2028. In 2024, the URP will be evaluated to determine if there is a continued need for the URP and the Urban Renewal Agency. B. Amendments to the URP. The URP may be modified at any time in the following manner: 1. The amendment proposal shall be submitted to the designated City staff of the Planning Commission and the Urban Renewal Agency (URA). 2. The URA shall submit a written recommendation to the City Council. 3. Planning Commission shall submit a written recommendation to the City Council. Page 14 of 18 4. Notice of Public Hearing at Planning Commission on the proposed URP amendment will be mailed to all property owners, renters and registered community organizations within 500 feet of the proposed amendment site. 5. Upon receipt of a recommendation from the URA and the Planning Commission, the City Council shall hold a public hearing related to the proposed amendment. 6. Notice of Public Hearing at Council on the proposed URP amendment shall be published in a newspaper of general circulation three times in advance of the public hearing, in accordance with Chapter 374, Local Government Code. 7. After the public hearing, the City Council will consider the proposed amendment. Commented [EM18]: Any site affected by the proposed amendment? Page 15 of 18 APPENDIX A AMENDMENTS TO THE URP SINCE ADOPTION Original Plan Adoption: Ordinance Number: 990114‐G, Dec. 17, 1999, Prepared on behalf of the Austin Revitalization Authority by Crane Urban Design Group Plan Modification #1: Ordinance Number, 010802‐089, Aug. 3, 2001 Plan Modification #2: Ordinance Number, 030731‐049, July 31, 2003 Plan Modification #3: Ordinance Number, 20050407‐060, April 7, 2005 Plan Modification #4: Ordinance Number, 20080228‐113, Feb. 28, 2008 Plan Modification #5: Ordinance Number, 20081120‐104, Nov. 20, 2008 Plan Modification #6: Ordinance Number, 20120426‐125, April 26, 2012 Plan Modification #7: Ordinance Number, 20130214‐083, Feb. 14, 2013 Plan Modification #8: Ordinance Number, 20131003‐098, Oct. 3, 2013 Plan Modification #9: Ordinance Number, 20131017‐074, Oct. 17, 2013 Plan Modification #10: Ordinance Number, 20171109‐095, Nov. 9, 2017 Plan Modification #11: Ordinance Number, 20181213‐101, Dec. 13, 2018 Further information regarding the East 11th and 12th Street Urban Renewal Plan and Amendments, can be found at this link: http://www.austintexas.gov/department/urban‐ renewal‐plan. Formatted: Font: (Default) +Body (Calibri) Page 16 of 18 Urban Renewal Plan area, Neighborhood Conservation Combining Districts (NCCDs) APPENDIX B Commented [EM19]: “Location of NCCDs that are within the Urban Renewal Plan Area”? The way it is listed now suggests the depiction also will describe the URP boundaries, which it currently does not. East 11th Street NCCD Original NCCD Adoption: Ordinance Number, 910620‐C, June 20, 1991 Establish Interim Development Controls for Subdistrict 3, Bennett Tract Ordinance Number 000323‐20, March 23, 2000 Extensions for Interim Development Controls, Subdistrict 3, Bennett Tract Ordinance Number, 000518‐90, May 18, 2000 Ordinance Number, 001012‐11, October 12, 2000 Ordinance Number, 010118‐10, January 18, 2001 Ordinance Number, 010322‐47, March 22, 2001 Ordinance Number, 010503‐28, May 3, 2001 Ordinance Number, 010524‐69, May 24, 2001 Amendment No. 1: Ordinance Number, 010607‐23, June 7, 2001 Page 17 of 18 Amendment No. 2: Ordinance Number, 20081211‐080, December 11, 2008 East 12th Street NCCD Original NCCD Adoption: Ordinance Number, 20080228‐087, February 28, 2008 Amendment No. 1: Ordinance Number, 20171109‐094, November 9, 2017 Neighborhood Conservation Combining Districts‐Selected Cased and Ordinance Information can be found at this link: http://www.austintexas.gov/sites/default/files/files/Planning/nccd_ordinance_chart.pdf Commented [HS20]: OCEAN’s comment: Amend the Appendix to include all of the language of the East 12th Street NCCD and its 2017 amendment. The link provided leads to a site that does not include the 2107 Kealing amendment. An URP should spell out its controls within its text rather than rely upon links to outside sources that are not regularly updated and maintained, and may or may not be available, should the City amend the land development code to eliminate NCCD’s. Page 18 of 18