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FINAL DRAFT FOR REVIEW MARCH 16, 2020 UPDATED AUGUST 17, 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 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 are set forth in the documents listed in Appendix 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 20 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 20 Commented [HS1]: OCEAN’s recommended edit. Commented [HS2]: Commissioner Pierce comment: This reads more like content that may be captured as part of the history versus an accomplishment Commented [HS3]: Comments received from Chair Escobar on 7/20/2020. ◼ 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. ◼ Completion of East Austin Historic Resources Survey (by City of Austin through Hardy-Heck- Moore, Inc.) to identify potentially eligible structures and historic districts in areas including the URP area - copy available at this link: [insert link] ◼ Support of in-place renovation of historic landmarks in URP area through letter dated April 15, 2019; additional preservation efforts to IQ Hurdle House located at 1416 E 12th Street followed 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. Page 5 of 20 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. 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 Page 6 of 20 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 2028. 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 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. Promote revitalization to sustain and respect the history and diversity of the East 11th and 12th Street corridors. 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. Commented [HS4]: OCEAN’s recommended edit. Commented [HS5]: Commissioner Motwani’s recommended edit. Commented [HS6]: Commissioner Pierce recommended language. Commented [HS7]: Commissioner Pierce edit Commented [HS8]: Commissioner Motwani’s recommended edit. Page 7 of 20 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 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. Page 8 of 20 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 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. Page 9 of 20 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. 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. Additional information regarding the NCCDs is in Appendix B, attached hereto. 6. LAND USE Page 10 of 20 Commented [HS9]: Language provided by URA’s Legal Counsel Commented [HS10]: OCEAN recommended adding a map reflecting maximum permitted height chart by each NCCD Subdistrict within the URP. Commented [HS11]: Commissioner Pierce’s comment: Perhaps we can link to a map? Commented [HS12]: Language provide by URA’s Legal Counsel Commented [HS13]: 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 [HS14]: Current draft language in NCCD. Is this language wanted in URPlan also? Permitted, Conditional and Prohibited Uses 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. 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. Language from Draft E 11th Street NCCD_ cocktail lounge use is prohibited except as an accessory use to a hotel/motel use. 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. Uses Permitted Conditions and Exceptions COMMERCIAL USES Page 11 of 20 6. Hotel/Motel with ground floor bedroom fronting East 12th Street is an allowed use at 810 and 900 East 12th Street. Commented [HS16]: OCEAN’s recommended edit. Commented [HS15]: OCEAN’s recommended edit. In addition; All addresses in 6.0 B3 as they were built Single Family. 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 Art Gallery Art Workshop Cocktail Lounge Food Sales Funeral Services General Retail Sales (Convenience) PC 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 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 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 RESIDENTIAL USES Condominium Residential Group Residential Not allowed on the ground floor of a building fronting E 11th Street or E 12th Street. P P - PC - PC PC P C P P PC PC PC C PC PC C Page 12 of 20 Uses Permitted Conditions and Exceptions Multi-Family Residential Retirement Housing (Small Site) Single-Family Attached Residential Single-Family Residential 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 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 Short-Term Rental (STR's) 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 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 CP 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. PC P PC — — PC — PC C C C C P C P P P P P PC CP C C Page 13 of 20 Uses Permitted Conditions and Exceptions Public Secondary Educational Services Religious Assembly Safety Services CP P C 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_________ 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) Page 14 of 20 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. 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 [EM17]: Any site affected by the proposed amendment? Page 15 of 20 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. Page 16 of 20 APPENDIX B Overlay of the Urban Renewal Plan area, Neighborhood Conservation Combining Districts (NCCDs) Page 17 of 20 Boundary Map of Neighborhood Conservation Combining Districts (NCCDs) 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 Page 18 of 20 Amendment No. 1: Ordinance Number, 010607-23, June 7, 2001 Amendment No. 2: Ordinance Number, 20081211-080, December 11, 2008 See attached Draft East 11th Street NCCD Page 19 of 20 ORDINANCE NO. __________________ WALTERS, MARK 3/10/2020 DRAFT AN ORDINANCE AMENDING ORDINANCE NO. 910620-C, REZONING AND CHANGING THE ZONING MAP TO AMEND THE EAST 11TH STREET NEIGHBORHOOD CONSERVATION COMBINING DISTRICT (NCCD) FOR THE PROPERTY LOCATED ALONG THE NORTHBOUND FRONTAGE ROAD OF IH-35 BETWEEN THE NORTHERN ALLEY OF THE 800-900 BLOCK OF EAST 7TH STREET AND EAST 12TH STREET; THE WEST SIDE OF THE 800-1000 BLOCKS OF SAN MARCOS STREET; EAST 11TH STREET FROM IH-35 TO NAVASOTA STREET; ALONG ROSEWOOD AVENUE FROM 11TH STREET TO APPROXIMATELY ANGELINA STREET; ALONG A SEGMENT OF THE 1200 BLOCK OF NAVASOTA STREET; AND ALONG THE EAST SIDE OF A SEGMENT OF THE 1500 AND 1600 BLOCK OF SAN BERNARD STREET IN THE CENTRAL EAST AUSTIN NEIGHBORHOOD PLAN AREA, AND TO MODIFY CERTAIN BASE DISTRICTS IN THE NCCD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to amend the East 11th Street neighborhood conservation combining district (NCCD), identified in the attached Exhibit "A" incorporated into this ordinance, and to add a NCCD to each base zoning district within the District on the property described in Zoning Case No. C14-XX-XXXX, on file at the Planning and Zoning Department, as follows: Approximately XX acres of land consisting of four subdistricts, identified in the attached Exhibit “B” incorporated into this ordinance, lying within the Central East Austin Neighborhood Plan Area, more particularly described as follows, a. Subdistrict 1, sites located along and oriented to East 11th Street between Branch Street and San Marcos Street on the west, and extending to Navasota Street on the east; b. Subdistrict 2, sites oriented to Juniper Street between Branch Street and Lydia Street, and including parcels with frontages on Curve Street and Waller Street; c. Subdistrict 3, sites located along IH-35 and bounded by Embassy Drive, San Marcos Street, and Branch Street on the east, East 12th Street on the north, the Northbound Frontage Road of IH-35 on the west and the alley of the 800-900 block of East 7th street on the south; and d. Subdistrict 4, sites generally oriented toward the 1200 and 1300 blocks of Rosewood Avenue but excluding 1326 and 1319 Rosewood Avenue, the east side of the 1100 block of Navasota Street, the 1100-1200 blocks of San Bernard Street but excluding 1159, 1161, 1164, and 1165 San Bernard Street. This area is generally known as the East 11th Street neighborhood conservation neighborhood plan combining district (East 11th Street NCCD), locally known as the area bounded by IH-35 between East 12th Street and the alley between East 8th Street and East 7th Street; the alley between East 8th Street and East 7th Street; Embassy Drive; San Marcos Street; the alley and rear property lines of properties fronting on East 11th Street extending from San Marcos Street to Navasota Street; the rear property lines of Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 1 of 17 WALTERS, MARK 3/10/2020 DRAFT properties along the south side of Rosewood Avenue from Navasota Street to Angelina Street, excluding 1319 Rosewood Avenue; the rear property lines of properties along the north side of Rosewood Avenue from Angelina Street to San Bernard Street, but excluding 1326 Rosewood Avenue; the rear property line of 1153 San Bernard Street and rear and northern property lines of 1157 San Bernard Street; the northern property line of 1160 San Bernard Street and northern and front property lines of 1159 Navasota Street; Juniper Street from Navasota Street to Branch Street; Branch Street to East 12th Street; and East 12th Street to IH-35, in the City of Austin, Travis County, Texas, and generally identified on the map attached as Exhibit "B". PART 2. The zoning districts for addresses located in the subdistricts defined in Part 1 listed in the chart in this section are changed from single family residence -standard lot-historic landmark-neighborhood conservation combining district-neighborhood plan (SF-2-H-NCCD-NP) combining district, family residence-neighborhood conservation combining district-neighborhood plan (SF-3-NCCD-NP) combining district, family residence-historic landmark-neighborhood conservation combining district-neighborhood plan (SF-3-H-NCCD-NP) combining district, multifamily residence-medium density-neighborhood conservation combining district-neighborhood plan (MF-3-NCCD-NP) combining district, limited office-neighborhood conservation combining district- neighborhood plan (LO-NCCD-NP) combining district, general office-conditional overlay-neighborhood conservation combining district-neighborhood plan (GO-CO-NCCD-NP) combining district, community commercial-neighborhood conservation combining district-neighborhood plan (GR-NCCD-NP) combining district, community commercial-mixed use-conditional overlay-neighborhood conservation combining district- neighborhood plan (GR-MU-CO-NCCD-NP) combining district, general commercial services-neighborhood conservation combining district-neighborhood plan (CS-NCCD-NP) combining district, general commercial services-mixed use-neighborhood conservation combining district-neighborhood plan (CS-MU-NCCD-NP) combining district, general commercial services-historic landmark-neighborhood conservation combining district-neighborhood plan (CS-H-NCCD-NP) combining district, commercial-liquor sales-neighborhood conservation combining district-neighborhood plan (CS-1-NCCD-NP) combining district, commercial-liquor sales- historic landmark-neighborhood conservation combining district-neighborhood plan (CS-1-H-NCCD-NP) combining district, to single family residence -standard lot-historic landmark-neighborhood conservation combining district-neighborhood plan (SF-2-H-NCCD-NP) combining district, family residence-neighborhood conservation combining district-neighborhood plan, (SF-3- NCCD-NP) combining district, family residence- historic landmark-neighborhood conservation combining district-neighborhood plan (SF-3-H-NCCD-NP) combining district, multifamily residence-medium density-neighborhood conservation combining district- neighborhood plan (MF-3-NCCD-NP) combining district, limited office-neighborhood conservation combining district-neighborhood plan (LO-NCCD-NP) combining district, general office-conditional overlay- neighborhood conservation combining district-neighborhood plan (GO-CO-NCCD-NP) combining district, community commercial-neighborhood conservation combining district-neighborhood plan (GR-NCCD-NP) combining district, community commercial-mixed use-conditional overlay-neighborhood conservation combining district- neighborhood plan (GR-MU-CO-NCCD-NP) combining district, general commercial services-neighborhood conservation combining district-neighborhood plan (CS-NCCD-NP) combining district, general commercial services-mixed use-neighborhood conservation combining district-neighborhood plan (CS-MU-NCCD-NP) combining district, general commercial services-historic landmark-neighborhood conservation combining district-neighborhood plan (CS-H-NCCD-NP) combining district, commercial-liquor sales-neighborhood conservation combining district-neighborhood plan (CS-1-NCCD-NP) combining district, commercial-liquor sales- Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 2 of 17 historic landmark-neighborhood conservation combining district-neighborhood plan (CS-1-H-NCCD-NP) combining district as more particularly described and identified in the chart in this section and generally identified on the map attached as Exhibit "B". WALTERS, MARK 3/10/2020 DRAFT SUBDISTRICT 1 ADDRESS 900, 904 E 11TH ST 908, 912 E 11th ST CURRENT ZONING PROPOSED ZONING CS-NCCD-NP CS-NCCD-NP CS-H-NCCD-NP CS-H-NCCD-NP 916, 920, 924, 928 E 11TH ST CS-NCCD-NP CS-NCCD-NP 913 JUNIPER (front half facing E 11th ST) CS-NCCD-NP CS-NCCD-NP 1007 E 11TH ST, 1011 SAN MARCOS ST CS-NCCD-NP CS-NCCD-NP 1005 E 11TH ST CS-1-NCCD-NP CS-1-NCCD-NP 1009, 1011, 1013, 1017, E 11TH ST CS-NCCD-NP CS-NCCD-NP 1000, 1002 E 11TH ST 1006, 1008 E 11TH ST 1010 E 11TH ST 1012, 1014, 1050 E 11TH ST 1101 E 11TH ST 1107, 1115 E 11TH ST 1119 E 11TH ST 1100 E 11TH ST 1102, 1104 E 11TH ST CS-1-NCCD-NP CS-1-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP CS-1-H-NCCD-NP CS-1-H-NCCD-NP CS-1-NCCD-NP/ CS-1-NCCD-NP/ CS-NCCD-NP CS-NCCD-NP CS-1-H-NCCD-NP CS-1-H-NCCD-NP CS-1-NCCD-NP CS-1-NCCD-NP CS-1-H-NCCD-NP CS-1-H-NCCD-NP CS-1-NCCD-NP CS-1-NCCD-NP GO-H-CO-NCCD-NP GO-H-CO-NCCD-NP 1123, 1129, 1131 E 11TH ST CS-1-NCCD-NP CS-1-NCCD-NP 1106, 1108, 1110, 1112, 1114, 1124 E 11TH ST CS-1-NCCD-NP CS-1-NCCD-NP 1008 WHEELESS ST SF-3-NCCD-NP SF-3-NCCD-NP 1200 E 11TH ST CS-1-NCCD-NP/ SF-3-NCCD-NP CS-1-NCCD-NP/ SF-3-NCCD-NP Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 3 of 17 WALTERS, MARK 3/10/2020 DRAFT 1208 E 11TH ST ADDRESS 1009 WHEELESS ST 1205, 1207 E 11TH ST 1209 E 11TH ST 1211 E 11TH ST CS-1-NCCD-NP CS-1-NCCD-NP CURRENT ZONING PROPOSED ZONING SF-3-NCCD-NP SF-3-NCCD-NP CS-1-NCCD-NP CS-1-NCCD-NP CS-1-H-NCCD-NP CS-1-H-NCCD-NP CS-1-NCCD-NP CS-1-NCCD-NP 1209 ROSEWOOD AVE CS-1-H-NCCD-NP CS-1-H-NCCD-NP 1219 ROSEWOOD AVE CS-1-NCCD-NP CS-1-NCCD-NP 1309 ROSEWOOD AVE GR-NCCD-NP GR-NCCD-NP 1317 ROSEWOOD AVE CS-NCCD-NP CS-NCCD-NP SUBDISTRICT 2 ADDRESS 901 JUNIPER ST 907 JUNIPER ST 905, 907, 909, 911, 913 JUNIPER ST (back half fronting Juniper St) 1055, 1157,1159 CURVE ST/1005, 1007, 1009, 1011, 1013, 1015, 1017, 1019, 1021, 1023 JUNIPER ST/1154, 1156, 1158 WALLER ST CURRENT ZONING PROPOSED ZONING GR-MU-CO-NCCD-NP GR-MU-CO-NCCD-NP MF-3-NCCD-NP MF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP 1159 WALLER ST/1103 JUNIPER ST GO-CO-NCCD-NP GO-CO-NCCD-NP 1105, 1107, 1109 JUNIPER ST SF-3-NCCD-NP SF-3-NCCD-NP CS-1-NCCD-NP CS-1-NCCD-NP 1154 LYDIA ST SUBDISTRICT 3 ADDRESS CURRENT ZONING PROPOSED ZONING 1109 N IH-35 SERVICE RD NB CS-NCCD-NP CS-NCCD-NP 1105, 1105 N IH-35 SERVICE RD NB CS-1-NCCD-NP CS-1-NCCD-NP 1101 N IH-35 SERVICE RD NB CS-NCCD-NP CS-NCCD-NP 900 E 10TH ST 1004 SAN MARCOS 800 EMBASSY DR CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 4 of 17 807, 809, 809, 903 E 9TH ST CS-MU-NCCD-NP CS-MU-NCCD-NP WALTERS, MARK 3/10/2020 DRAFT SUBDISTRICT 4 ADDRESS CURRENT ZONING PROPOSED ZONING 1209 ROSEWOOD AVE CS-1-H-NCCD-NP CS-1-H-NCCD-NP 1210 ROSEWOOD AVE LO-NCCD-NP LO-NCCD-NP 1219 ROSEWOOD AVE CS-1-NCCD-NP CS-1-NCCD-NP 1223, 1231 ROSEWOOD AVE CS-NCCD-NP CS-NCCD-NP 1305, 1309, 1311, 1313 ROSEWOOD AVE CS-NCCD-NP CS-NCCD-NP 1317 ROSEWOOD AVE GR-NCCD-NP GR-NCCD-NP 1101 NAVASOTA ST 1105 NAVASOTA ST 1157 NAVASOTA ST 1159 NAVASOTA ST LR-NCCD LR-NCCD SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP 1150 SAN BERNARD ST SF-H-2-NCCD-NP SF-H-2-NCCD-NP 1152 SAN BERNARD ST SF-3-NCCD-NP SF-3-NCCD-NP 1154 SAN BERNARD ST SF-3-NCCD-NP SF-3-NCCD-NP 1158 SAN BERNARD ST SF-3-NCCD-NP SF-3-NCCD-NP 1160 SAN BERNARD ST SF-H-3-NCCD-NP SF-H-3-NCCD-NP 1151 SAN BERNARD ST LO-NCCD-NP LO-NCCD-NP 1153 SAN BERNARD ST SF-3-NCCD-NP SF-3-NCCD-NP 1157 SAN BERNARD ST SF-3-H-NCCD-NP SF-3-H-NCCD-NP PART 3. Permitted, Conditional, and Prohibited Uses for Subdistrict 1 and Subdistrict 2. A. Unless provided for in this section, all uses in this section’s table not listed as Permitted (P), Permitted with Conditions (PC), or Conditional (C) are prohibited. B. The following are exceptions to the Permitted, Conditional, and Prohibited Uses described in the table in this section: Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 5 of 17 WALTERS, MARK 3/10/2020 DRAFT 1. A Cocktail Lounge is a permitted use limited to the ground floor of a building located at 1133 E 11th Street and 1104 East 11th Street. 2. A Club or Lodge Use is an allowed use at 1017 East 11th Street. 3. Drive-in services are prohibited as an accessory use to a restaurant (general) and (limited). 4. A single-family residential use is allowed use at 1119 E 11th Street. USES SUBDISTRICT SUBDISTRICT CONDITIONS AND EXCEPTIONS Administrative and Business Offices PC Not allowed on a ground floor of a building fronting E 11TH Street COMMERCIAL USES 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 Restaurant (Limited) Restaurant (General) Special Use Historic 1 P P PC PC PC PC P C P P PC PC PC C 2 PC P P — — — — — — — — — — C 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 PCP 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. 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 Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 6 of 17 Theater PC PC Not allowed on a ground floor of a building fronting E 11TH Street USES SUBDISTRICT SUBDISTRICT CONDITIONS AND EXCEPTIONS WALTERS, MARK 3/10/2020 DRAFT Condominium Residential Group Residential Multi-Family Residential Retirement Housing (Small Site) Single-Family Attached Residential Single-Family Residential Small Lot Single-Family Residential Townhouse Residential Two-Family Residential Short-Term Rental Condominium Residential Group Residential Multi-Family Residential Retirement Housing (Small Site) College & University facilities Community Recreation (Private) Community Recreation (Public) Congregate Living Cultural Services Day Care Services (General) 1 PC C PC P — — — — — PC PC C PC P C C C C P C RESIDENTIAL USES 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 Not allowed on E 11th except at 1119 E 11th ST PCP Not fronting E 11th ST Type 2 Short-term rental is prohibited Not allowed on a ground floor of a building fronting E 11TH Street PCP Not allowed on a ground floor of a building on E 11TH Street CIVIC USES Only allowed on the second floor of a building 2 PC C PCP P — — — — PC PC C P C C C C P C Counseling Services PC PC Not allowed on a Ground floor of a building on E 11TH Street. Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 7 of 17 Commented [HS1]: 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. 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 Services Private Secondary Educational Services Public Primary Educational Services Public Secondary Educational Services Religious Assembly Safety Services P P P P P PC CP C C CP CP P C PC P P P P P PC CP C C CP CP P C PC WALTERS, MARK 3/10/2020 DRAFT Not allowed on a Ground floor of a building on E 11TH Street Telecommunication Tower Prohibited unless located on a rooftop PART 4. Permitted, Conditional, and Prohibited Uses for Subdistrict 3. A. The Subdistrict 3 tract map identified in the attached Exhibit "C" incorporated into this ordinance. 1. If a use is not listed in the table in this section, it is a prohibited use. 2. All residential uses are allowed in Subdistrict 3. USES 1 2 8 9 10 11 12 TRACTS 7 6 Club or Lodge Cultural Services College and University Facilities Communications Services Facilities Community Recreation (Private) Community Recreation (Public) Congregate Living Counseling Services Cultural Services P P C C C C P P P 4 3 5 CIVIC USES P P P P P P C C C C C C C C C C C P P P C C C C P P C C C C P P C C C C P P C C C C P — P — C — C — C — C — P P C C C C P P C C C C P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 8 of 17 Day Care Services (Limited) Day Care Services (General) C C C C C C C C C C C C C C C C C — C — C C C C WALTERS, MARK 3/10/2020 DRAFT USES Day Care Services (Commercial) Family Home Group Home Class I (General) Group Home Class I (Limited) Group Home Class II Guidance Services Hospital Services (Limited) Hospital Services (General) Local Utility Services Maintenance and Service Facilities Private Primary Educational Facilities Private Secondary Educational Facilities Public Primary Educational Facilities Public Secondary Educational Facilities Religious Assembly Residential Treatment Safety Services Telecommunication Tower*** Transitional Housing Transportation Terminal Automotive Repair Services Automotive Sales Automotive Washing—of any type Bail Bond Services Building Maintenance Services Business or Trade School 1 C P P P P P P C P P C C P P P P P C P P P P P P 2 C P P P P P P C C P P P P P P TRACTS 6 7 9 10 11 12 3 C P P P P P P C C P P 4 C P P P P P P C C P P 5 C P P P P P C C C P P C P P P P P P C C P P 8 C P P P P P P C C P P C P P P P P P C C P P C — P P P P P P P P P — P — C — C — P P P P C P P P P P P C C P P C P P P P P P C C P P C — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P P P P P P — — — — — — — — — — P P P — P P P P P P P P P P P P P PC PC PC PC PC PC PC PC PC PC PC PC C — — — — — — — — — — P P — — — — — — — P P COMMERCIAL USES P — — — — — — — — — — C — — — — — — — — — C — — — — — — — — — PC PC — — — — — — — — — — C — C — — — — — — — C C C — — — — — — — Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 9 of 17 WALTERS, MARK 3/10/2020 DRAFT Business Support Services Campground Cocktail Lounge Commercial Blood Plasma Center P P P- P P P P- P P P P P P — — — — — — — — — P- * P — * — P P P * * * * * * P — — — — — — — — — — USES Commercial Off-Street Parking Commercial Parking Facilities Communications Services Construction Sales and Services Consumer Convenience Services Consumer Repair Services Convenience Storage Drop-Off Recycling Collection Facilities Electronic Prototype Assembly Electronic Testing Employee Recreation Equipment Repair Services Equipment Sales Exterminating Services Food Preparation Food Sales Funeral Services Financial Services General Retail Sales— Convenience General Retail Sales— General Hotel/Motel Indoor Entertainment Indoor Sports and Recreation Kennels Laundry Services Liquor Sales Medical Offices—not exceeding 5,000 sq/ft of gross floor space 1 P P P P P P P P P P P P P P P P P P P P P P P P P P P TRACTS 6 7 2 3 4 5 8 9 10 11 12 P — ** ** ** ** ** ** — — — P P P P P P P P P P P P P P P — P — P P P P P — — — — — — — — — — P P P P P P P P — P P P P P P — — — — — — — — — — P — P P P P P P P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P P P P P P P — P — P — P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P — P — P — P — P — P P P P P P P P P P P — — — — — — — — — — P P P P P — P P P P P P P P P P P P P P P P P P P P P P P P — P P Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 10 of 17 WALTERS, MARK 3/10/2020 DRAFT Medical Offices— exceeding 5,000 sq/ft of gross floor space Monument Retail Sales Outdoor Entertainment Outdoor Sports and Recreation USES Pawn Shop Services Personal Improvement Services Personal Services Pet Services Plant Nursery Printing and Publishing Services Professional Office Research Services Restaurant—Limited Restaurant—General Service Station Software Development Theater Vehicle Storage Veterinary Services Custom Manufacturing Limited Warehousing and Distribution P P C P 1 P P P P P P P P P P P P P P P P P P — — — — — — — — — — P — — — — — — — — — — C — — — — — — — — — — P P P P P P P P — P P TRACTS 7 6 2 3 P — 5 4 12 P — — — — — — — — 11 10 8 9 P P P P — — — — — — — P P P P P P P — — — — — — — — — — P — P P P P P P P P P P P P P P P — — — — — — — — — — P P P P P P P P P P P P P P P P P P P P P — P — P — P — P P P P P P P P P P P P P — — — — — — — — — P P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P — — — — — — — — — — P P P P INDUSTRIAL USES P — — — — — — — — — — P — — — — — — — — — — AGRICULTURAL USES P P P P P P P P P P P P P P P Community Garden Indoor Crop Production Urban Farm *An automotive rental use and a cocktail lounge use are prohibited except as an accessory use to a hotel/motel use. **A commercial off-street parking USE is prohibited except in a structured parking facility whose main purpose is accessory onsite parking for a principal use. ***Subject to LDC 25-2-839 (13-2-235 & 13-2-273). (PC) Permitted in the district, but under some circumstances may be conditional. P P P P P P P P P P P P P P P P P P P P P Subdistrict 4. PART 5. Site Development Standards, Permitted Use, Conditional Uses, and Prohibited Uses for Subdistrict 4. A. The base zoning district will establish site development standards and uses for all properties located in Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 11 of 17 WALTERS, MARK 3/10/2020 DRAFT PART 6. Building Development Standards for Subdistricts 1, 2, 3. STANDARDS SUBDISTRICT 1 SUBDISTRICT 2 SUBDISTRICT 3 MINIMUM LOT SIZE MINIMUM LOT WIDTH None 25' None 25' MAXIMUM BUILDING HEIGHT Pending Discussion 40' 50' sq./ft. 50' Tracts 2, 3: 100' Tract 4: 200' Tract 5: 60' Tract 6: 50' Tract 7: 160' Tracts 8, 9 ,11, 12: 40' Tract 10: 70' 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%) Tracts 4, 5, 6, 7, 8, 9, 10 ( 3.6:1) Tracts 11, 12 (2:1) Tracts 1, 2, 3 (3.75:1) 15' 10 feet 5 feet 5 feet 80% 60% 1:01 FRONT YARD SETBACK (MINIMUM) STREET SIDE YARD SETBACK INTERIOR SIDE YARD SETBACK REAR YARD SETBACK MAXIMUM IMPERVIOUS COVER None None None None 100% MAXIMUM BUILDING COVERAGE 95% MAXIMUM FLOOR AREA RATIO (FAR) 2:01 Part 7. Additional Regulations for Subdistrict 1. 1. off-street accessory parking; 2. the placement of mechanical equipment; 3. exterior lighting; A. Compatibility Requirements. Properties are not subject to Article 10. Compatibility Standards except for: Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 12 of 17 WALTERS, MARK 3/10/2020 DRAFT B. Transportation. Vehicular ingress and egress for buildings along East 11th Street may be taken from: 4. refuse collection; and 5. noise levels at the property line. 1. an alley; 2. a side street; 3. a right-in turn in and right-out out driveway configuration; or 4. as otherwise approved by the Director of the Austin Transportation Department. C. Building Design Regulations. 1. Parking structure facades may not be exposed toward the East 11th Street frontage. 2. Building facades fronting East 11th Street are subject to Subchapter E - Design Standards and Mixed-Use Core Transit Corridor Roadway standards for: a. windows; b. building entries; and c. walls. 3. At least 80% of the ground floor of a building fronting East 11th Street must contain occupied space. D. Building facades are subject to the glazing requirements in LDC 25-2-733(E)(1) for a minimum of 50% of the area between two feet (2’-0”) above the finished floor of the building and 10 feet (10’-0”) to be glazed. Part 8. Additional Regulations for Subdistrict 3. A. Building Heights. 1. On Tract 4, within 30 feet of East 11th Street right-of way the maximum building height is 60 feet. 2. On Tract 7, within 50 feet of East 9th Street right-of way the maximum building height is 50 feet. 3. On Tract 9, within 30 feet of East 9th Street right-of way the maximum building height is 50 feet. B. Building Design and Site Orientation. 1. The following applies to buildings on Tracts 4 and 7 that exceed a height of 120 feet: a. A building must be oriented so that its dimension is within 30 degrees of a parallel of the north property line. Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 13 of 17 b. The combined width of all the buildings on Tracts 4 and 7 may not exceed 206 feet. The width of a building is determined by measuring the building face closest to the west property line at its widest point above 120 feet. 2. On Tracts 4, 7, and 9, the distance between buildings than are greater than 60 feet in height must be at least 60 feet. WALTERS, MARK 3/10/2020 DRAFT 3. A 30-foot pedestrian way must be located on Tract 4 or Tract 7 between the north property line of Tract 9 and a line that is 130 feet away from and parallel to the north of property line of Tract 4. 4. Motorized vehicular ingress and egress is prohibited from Tracts 5, 6, and 8 to San Marcos Street, except to access a residential use. 5. Surface parking is prohibited within 30 feet of the east property lines of Tracts 6 and 8 and within 30 feet the south property lines of Tracts 8 and 9. 1. Ten percent open space shall be provided on Tracts 4, 5, 6, 7, 8, and 9, cumulatively. C. Open Space. Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 14 of 17 Exhibit A: Boundary Map WALTERS, MARK 3/10/2020 DRAFT Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 15 of 17 Exhibit B: Subdistrict Map WALTERS, MARK 3/10/2020 DRAFT Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 16 of 17 Exhibit C: Subdistrict 3 Tract Map WALTERS, MARK 3/10/2020 DRAFT Yellow highlighted sections indicate minor changes from previous versions and reflect edits based on staff review. Page 17 of 17 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 See attached East 12th Street NCCD Commented [HS18]: 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. Commented [HS19]: Commissioner Pierce comment: The Owner’s of the respective sources are not maintain their contend, then our plan will be constantly outdated. We should link to content we do not control. Page 20 of 20 ORDINANCE NO. 20171109-094 AN ORDINANCE AMENDING ORDINANCE NO. 20080228-087, REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF EAST 12^" STREET, BOUNDED BY THE A L L EY ON THE SOUTH, COMAL STREET ON THE WEST, AND CHICON STREET ON THE EAST, IN THE EAST 12^" STREET NEIGHBORHOOD CONSERVATION COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Secrion 25-2-191 of the City Code is amended to change the base district from community commercial-mixed use-historic landmark- neighborhood conservation combining district-neighborhood plan (GR-MU-H-NCCD-NP) combining district, multifamily residence moderate-high density-neighborhood conservation combining district-neighborhood plan (MF-4-NCCD-NP) combining district, and community commercial-mixed use-neighborhood conservation combining district neighborhood plan (GR-MU-NCCD-NP) combining district to commercial-mixed use- historic landmark-neighborhood conservation combining district-neighborhood plan (GR- MU-H-NCCD-NP) combining district, multifamily residence moderate-high density- neighborhood conservation combining district-neighborhood plan (MF-4-NCCD-NP) combining district, and community commercial-mixed use-neighborhood conservation combining district neighborhood plan (GR-MU-NCCD-NP) combining district on the property described in Zoning Case No. CI4-2017-0092, on file at the Planning and Zoning Department, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exiiibit "A". PART 2. Ordinance No. 20080228-087 is amended to remove the following 18 addresses from Subdistrict 2 and to place them in a new Subdistrict 2a. Address Zonrnq Subdistrict 1501 E 12th Street GR-MU-H-NCCD-NP 1511 E 12th Street MF-4-NCCD-NP 1517 El 2th Street MF-4-NCCD-NP 1521 El 2th Street MF-4-NCCD-NP 1601 E 12th Street MF-4-NCCD-NP 1603 El 2th Street MF-4-NCCD-NP 1611 E 12th Street MF-4-NCCD-NP 2a 2a 2a 2a 2a 2a 2a Page I of 4 1615 E 12th Street MF-4-NCCD-NP 1701 El 2th Street GR-MU-NCCD-NP 1709 El 2th Street GR-MU-NCCD-NP 1717 E 12th Street GR-MU-NCCD-NP 1721 E 12th Street GR-MU-NCCD-NP 1713 E 12th Street GR-MU-NCCD-NP 1803 El 2th Street GR-MU-NCCD-NP 1805 El 2th Street GR-MU-NCCD-NP 1809 El 2th Street GR-MU-NCCD-NP 1817 E 12th Street GR-MU-NCCD-NP 0 Chicon Street; 50x 100 ft BLK 13-14 OLT Division B GR-MU-NCCD-NP 2a 2a 2a 2a 2a 2a 2a 2a 2a 2a 2a PART 3. Exhibit C of Ordinance 20080228-087 is amended as follows: (1.) Section HI. B, {Subdistrict Boundaries) is amended to read: B. Subdistrict boundaries The East 12"" Street NCCD is divided into [threelfour subdistricts: 1. Subdistrict 1 • North side of East 12'^ Street from IH-35 to the northwest comer of Olander • Tract 1 2. Subdistrict 2 • North side of East 12'*^ Street from northeast comer of Olander to Poquito • Southwest and Southeast comers of Comal and East 12^*^ Street • South side of East 12 Street between [Comal] Chicon and Poquito • Tracts 2-10, a portion of Tract 15 and tracts 16-18 3. Subdistrict 2a 4. Subdistrict 3 • South side of East 12^^ street from Comal Street to Chicon Street. • South side of East 12"" Street between Branch and Comal (excepting the southwest comer of Comal and East 12"" Street) • Tracts 11-14 and a portion of Tract 15 (2.) Section V. C. {Setback Requirements) is amended to read: C. Setback Requirements Setback requirements are determined by subdistrict: • Subdistricts 1 [and] 2, and 2a Page 2 of 4 o Front setback - 0 feet o Side street yard setback - 0 feet o Interior side yard - 0 feet o Rear setback - 10 feet • Subdistrict 3 o Front setback - 15 feet o Side street yard setback - 10 feet o Interior side yard - 5 feet o Rear setback - 5 feet (3.) Section V. D. {Height) is amended to read: D. Heiglit The maximum height of stmctures is determined by subdistrict: • Subdistrict 1 - 60 feet • Subdistrict 2-50 feet • Subdistrict 2a - 35 feet • Subdistrict 3-35 feet (4.) Section V. E. {Impervious Cover) is amended to read: E. Impervious Cover: The allowable impervious cover is determined by subdistrict • Subdistricts 1 [aftd] 2, and 2a - 90% (95% in instances where participation in the Regional Stormwater Detention Program is not available and the developer provides on-site detention.) • Subdistrict 3 - 80% PART 4. Except as amended by this ordinance, the terms and provisions set forth in Ordinance No. 20080228-087 remain in effect. Page 3 of 4 PART 5. This ordinance takes effect on November 20, 2017. PASSED AND APPROVED November 9 2017 'Steve Adler Mayor APPROVED: ATTESTS Anne L. Morgan City Attomey Jannette S. Goodall City Clerk Page 4 of 4 fS| X / /A SUBJECT TRACT EAST 12TH STREET NCCD PARTIAL REZONING EXHIBIT A PENDING CASE L - ZONING BOUNDARY ZONING CASE#:C14.2017-0092 LOCATION:EAST 12TH STREET, GRID:K22 MANAGER:HEATHER CHAFFIN Thia map ftaa been producad by the Cenununicsiloni Technology Management OepL on behalf of (he Planning OevelopinetTt Review DepL fv the sote purpoM of geogrBphic reference No wananty i> made by the City ot Austin regarding specrfle accuracy or cempleianeu. A l' 1" = 300' ORDINANCE NO. 20080228-087 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP TO ESTABLISH THE EAST 12™ STREET NEIGHBORHOOD CONSERVATION (NCCD) COMBINING DISTRICT FOR THE PROPERTY LOCATED GENERALLY ALONG EAST 12TH STREET FROM IH-35 AND BRANCH STREET TO POQUITO STREET IN THE CENTRAL EAST AUSTIN, ROSEWOOD, AND CHESTNUT NEIGHBORHOOD PLAN AREAS; AND TO MODIFY CERTAIN BASE DISTRICTS IN THE NCCD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to establish the East 12l Street neighborhood conservation (NCCD) combining district and to add a NCCD to each base zoning district within the property and to change the base zoning districts on 18 tracts of land on the property described in Zoning Case No. C14-06-0209, on file at the Neighborhood Planning and Zoning Department, as follows: Approximately 23 acres of land, more or less, consisting of three subdistricts, lying within the Central East Austin, Rosewood, and Chestnut neighborhood plan areas, more particularly described and identified in the attached Exhibit "A" incorporated into this ordinance, and as follows, (the "Property"), a. Subdistrict 1, also known as Tract One, being the area on the northside of East 12th Street from IH-35 to the northwest corner of Olander Street. b. Subdistrict 2, also known as Tracts 2-10, the east portion of Tract 15, and Tracts 16-18, being the areas along the northside of East 12' Street from the northeast corner of Olander Street to Poquito Street, the southwest and southeast corners of Comal Street and East 12l Street, and the southside of East 12th Street between Comal Street and Poquito Street. c. Subdistrict 3, also known as Tracts 11-14, and the west portion of Tract 15, being the areas along the southside of East 12th Street between Branch Street and Comal Street, not including the southwest corner of Comal Street and East 12th Street; generally known as the East 12th Street neighborhood conservation-neighborhood plan combining district, locally known as the area bounded by East 12th street from IH-35 and Page 1 of 5 Branch Street to Poquito Street, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". plan (GR-NP) PART 2. The base zoning of the 18 tracts shown in the chart below are changed from family residence-neighborhood plan (SF-3-NP) combining district, multifamily residence medium density-neighborhood plan (MF-3-NP) combining district, multifamily residence moderate high density-neighborhood plan (MF-4-NP) combining district, multifamily residence moderate high density-conditional overlay-neighborhood plan (MF-4-CO-NP) combining district, neighborhood commercial-neighborhood plan (LR-NP) combining district, community commercial-neighborhood combining district, community commercial-historic-neighborhood plan (GR-H-NP) combining district, community commercial-mixed use-historic-neighborhood plan (GR-MU-H-NP) combining district, general commercial services-neighborhood plan (CS-NP) combining district, general commercial services-mixed use-neighborhood plan (CS-MU-NP) combining district, general commercial services-historic-neighborhood plan (CS-H-NP) combining district, general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district, general commercial services-mixed use-historic- neighborhood plan (CS-MU-H-NP) combining district, and commercial-liquor sales- neighborhood plan (CS-l-NP) combining district to family residence-neighborhood conservation combining district-neighborhood plan (SF-3-NCCD-NP) combining district, multifamily residence medium density-neighborhood conservation combining district- neighborhood plan (MF-3-NCCD-NP) combining district, multifamily residence moderate high density-neighborhood conservation combining district-neighborhood plan (MF-4- NCCD-NP) combining district, neighborhood commercial-neighborhood conservation combining district-neighborhood plan (LR-NCCD-NP) combining district, community commercial-neighborhood plan (GR- NCCD-NP) combining district, use-neighborhood conservation combining district-neighborhood plan (GR-MU-NCCD-NP) combining district, community commercial-mixed use-historic-neighborhood conservation combining district-neighborhood plan (GR-MU-H-NCCD-NP) combining district, general commercial services-mixed use-neighborhood conservation combining district-neighborhood plan (CS- MU-NCCD-NP) combining district, general commercial services-historic-neighborhood conservation combining district-neighborhood plan (CS-H-NCCD-NP) combining district, general commercial services-mixed use-conditional overlay-neighborhood conservation combining district-neighborhood plan combining district, general commercial services-mixed use-historic-neighborhood conservation combining district-neighborhood plan (CS-MU-H-NCCD-NP) combining district, and commercial- liquor sales-mixed use-neighborhood conservation combining district-neighborhood plan (CS-1-MU-NCCD-NP) combining district, as more particularly described and identified in the chart below. combining district-neighborhood community commercial-mixed (CS-MU-CO-NCCD-NP) conservation Paee 2 of 5 ^^Mta^H^^^^^^H^B^^^M^^ Tract Address Subdi strict Proposed Zoning 800 - 950 E 1 2th Street (even numbers) 1000-1 028 E 12th Street (even numbers) 1 1 00-11 50 E 12th Street (even numbers) 1200-1250 E. 12th Street (even numbers) 1300-1310 E. 12th Street (even numbers) 1320-1350 E. 12th Street (even numbers) 1400E 12th Street 1406-1 41 OE 12th Street (even numbers) 1416E. 12th Street 1204 & 1206 Comal (even numbers) 1500-1 625 E 12th Street (even numbers) 1700-1 702 &1 720 E 12th St 1704-1706 E. 12th Street (even numbers) 1800-1806 E. 12th Street (even numbers) 1808-1812 E. 12th Street (even numbers) 1208 Chicon St. 1900-1 950 E 12th Street (even numbers) 901 E 12th Street 903-905 E. 12th Street 909 E. 12th Street 91 3 E. 12th Street 1 001 -11 05 E. 12th Street (odd numbers) 11 07-11 15 E. 12th Street (odd numbers) 1121 E. 12th Street 1201-1251 E. 12th Street (odd numbers) 1197 NavasotaSt 1 1 96- 1 1 98 San Bernard St 1301 E 12th Street 11 97-1 199 San Bernard 1309E 12th Street 1315 E 12th Street 1 2 3 4 5a 5b 6a 6b 6c 6d 7 8a 8b 9a 9b 9c 10 11a 11b 11c 11d 12 12 13 14a 14b 14c 15 15b 15c 15d Current Zoning CS-NP CS-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-NP CS-MU-NCCD-NP CS-NP CS-MU-NCCD-NP CS-NP CS-MU-NCCD-NP MF-4-CO-NP CS-MU-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-NP CS-H-NP CS-NP CS-MU-NCCD-NP CS-H-MU-NCCD- NP CS-MU-NCCD-NP CS-NP CS-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-H-NP CS-H-NCCD-NP CS-NP CS-1-NP CS-NP CS-NP CS-MU-NCCD-NP CS-1-MU-NCCD- NP CS-MU-NCCD-NP CS-MU-NCCD-NP GR-MU-H-NCCD- GR-MU-H-NP NP SF-3-NP CS-NP GR-NP SF-3-NCCD-NP CS-MU-NCCD-NP GR-MU-NCCD-NP CS-MU-NP CS-MU-H-NP CS-MU-CO- NP CS-MU-NCCD-NP CS-MU-H-NCCD- CS-MU-CO-NCCD- NP NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP SF-3-NP LR-NP SF-3-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP LR-MU-NCCD-NP SF-3-NCCD-NP 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Page 3 of 5 Address Subdistrict Tract 15e 15f 15g 16a 16b 16c 16d 17 18 1319E 12th Street 1401-1 423 E 12th Street (odd numbers) 1425 E. 12th Street 1195 Comal & 1501 E 12th Street 1511 E 12th Street 1517E 12th Street 1521-1651 E. 12th Street (odd numbers) 1701-1851 E. 12th Street (odd numbers) 1901-1951 E. 12th Street (odd numbers) Current Zoning SF-3-NP MF-3-NP GR-NP GR-H-NP MF-4-NP MF-4-NP Proposed Zoning SF-3-NCCD-NP MF-3-NCCD-NP GR-MU-NCCD-NP GR-MU-H-NCCD- NP MF-4-NCCD-NP MF-4-NCCD-NP MF-4-NP MF-4-NCCD-NP GR-NP GR-MU-NCCD-NP CS-NP CS-MU-NCCD-NP 3 3 2 2 2 2 2 2 2 PART 3. Except as specifically provided in Parts 4 and 5 of this ordinance, the Property may be developed and used in accordance with the regulations established for the applicable base district, the mixed use (MU) combining district, and other applicable requirements of the City Code. PART 4. The applicable provisions of the City Code are modified in the East 12 Street NCCD as shown in the East IT Street NCCD Plan (the "NCCD Plan") attached as Exhibit "C" and incorporated into this ordinance. In the event of conflict with the base zoning district regulations, the NCCD Plan modifications control. .th th PART 5. Tracts 1-9, and Tracts 11-17 lie within the Central East Austin neighborhood plan combining district, Tract 10 lies within the Chestnut neighborhood plan combining district, and Tract 18 lies within the Rosewood neighborhood plan combining district. If the text of this ordinance and the exhibits conflict with Ordinances No. 001207-47, Ordinance No. 011213-42, or Ordinance No. 020110-17, the more restrictive provision shall control. Page 4 of 5 PART 6. This ordinance takes effect on March 10, 2008. PASSED AND APPROVED February 28 2008 i, ff Will Wyn Mayor APPROVED: ATTEST: avid Allan Smith City Attorney Shirley A. Gentry City Clerk Page 5 of 5 * /\ = co O <I . L- | ' s.®-& 3^ o C Q E 00 p O <D I o n CM ^?>° ££ § CD O> c £ |1 ^Z3 o ro Q O O CD -Q £ o 2 H -o g 0) *; II c >• 5 +±5 c tn ^ l ie Q. O O w o -S -g s| CD CD tU "01 = c ® (0 •- "O c -o o ? c £ a>Co •+-* co c o ^ C CO o *- c *- a o o to o -p •g 2? S CD CD "Si S i"0 ^) > Qi w « ts = c £-S g v- **' >- O CD CD 1*1 S8| a :-§ "• s c 0 CD T3 O O TO °o rtl _«, O _v- m i- •5 o> CD TO ^r 9- S3? o CD O CD wen > n ^^ 03 CD T3 -o o i co CD O O CO I o cu "S m CD p 1« xca £ g Q^m /i _ •*- _ *- Q. ^ i; w r^ CD ™ in —' CO CO? .2 « - - » 3-2 « SIS If 5 1 S SI -So CO , 18 ,5 CD 04 *-O 'L_ -t-" W Qi ^2 3 CO O O O £* -M 0) « is is <» tf) c ** .- (A c re oo £ O (A cS o 2 gC Oo T3 O O O) '3 * ui cs / /^V/-/ J wP5Brt?.v®aji4 ^-cttw &OT&¥S^8 5Saa<Ncfifr«pH fT>,T?Sa?;o/ .'F^-LIT I SUBJECT TRACT ZONING BOUNDARY PENDING CASE ZONING CASE* ADDRESS SUBJECT AREA GRID MANAGER C14-06-0209 800-1951 E 12TH ST 22.975 ACRES K22 R. HEIL This map has been produced by G t S Services for the sole purpose of geographic reference MDiNafranty is made by the Crt? ol Austin TegarQing specific accuracy QI completeness EXHIBIT C East 12th Street Neighborhood Conservation Combining District Plan Contents Background I. II. III. Boundaries The NCCD and Neighborhood Plans A. District boundaries B. Sub-district boundaries IV. Land Use Regulations A B. C Permitted Uses Prohibited Uses Conditional Uses D Drive Through Uses V. Building Site Development Regulations A. General Site Development Regulations VI. Other Site Development Regulations B. Compatibility Standards C. Set Back Requirements D. Height E. Impervious Cover Parking A. B. Exterior Lighting C. Building Facade Design D. Landscaping E. Fencing 1 2 2 2 2 2 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 6 6 6 VII. Additional Site Development Requirements for Parking Garages A Requirements for All Parking Garages B. Requirements for Parking Garages less than 30' in height C. Requirements for Parking Garages 30' or higher D. Pedestrian Oriented Uses February 28, 2008 I. Background The East 121 Street neighborhood conservation combining district (NCCD) is a zoning tool to implement East 11th and 12th Street Urban Renewal Plan (URP). An NCCD for East 11th Street has already been adopted by the City Council This NCCD will modify provisions of the City's land development code, customizing development standards to meet the needs of East 12th Street. Arjprovals. The 4th proposed amendment to the URP and associated NCCD were approved by the board of the Austin Revitalization Authority. The Urban Renewal Board also approved the amendment and draft NCCD, with the exception of sections IV.C and IV.D below related to conditional uses and the drive through accessory use On these two items the Urban Renewal Board took no position. On July 24, 2007 Planning Commission approved the draft NCCD with an additional recommendation that the rear yard set back for properties in subdistncts one and two be a vegetated setback. On February 28, 2008 City Council approved the creation of the NCCD and adopted ordinance 20080228-087. II. The NCCD and Neighborhood Plans The E. 12th Street NCCD falls primarily in the Central East Austin Neighborhood Plan. One block, Tract 10, is within the Chestnut Neighborhood Plan and one block, Tract 18, is within the Rosewood Neighborhood Plan. The Chestnut and Rosewood neighborhood plans are in accord with the Urban Renewal Plan and the proposed NCCD for E 12th St Where there is disagreement with the Central East Austin neighborhood plan, the neighborhood plan's future land use map will be updated to reflect the land uses called for in the Urban Renewal Plan. III. Boundaries A. District boundaries The boundaries of the E. 12th Street NCCD are generally described as those lots facing East 12 Street from IH-35 and Branch Street to Poquito Street. See attached map. B. Subdistrict boundaries The East 12th Street NCCD is divided into three subdistncts 1. Subdistrict 1 • North side of East 12th Street from IH-35 to the northwest corner of Olander • Tract 1. 2. Subdistrict 2 • North side of East 12th Street from northeast corner of Olander to Poquito, • Southwest and Southeast corners of Comal and East 12th Street • South side of East 12th Street between Comal and Poquito. February 28, 2008 • Tracts 2-10, a portion of Tract 15 and tracts 16-18. 3 Subdistrict 3 • South side of East 12th Street between Branch and Comal (excepting the southwest corner of Comal and East 12th Street). • Tracts 11-14 and a portion of Tract 15 IV. Land Use Regulations Except as specifically provided by this plan, the land use regulations of the City Code apply to the East 12th Street NCCD If applicable, the requirements of the East 11th and 12tn Street Urban Renewal Plan apply to the East 12in Street NCCD . In the event of a conflict the more restrictive requirement applies. >th th A. Permitted Uses Unless otherwise specified, uses are permitted as allowed by the base zoning district or as modified by the mixed-use combining district. B. Prohibited Uses The following uses are prohibited in the East 12th Street NCCD. Those uses currently existing are allowed to continue as a legal non-conforming use as per the Land Development Code, section 25-2-941: Automotive Sales Automotive Washing Bail Bond Services Campground 1. Adult-Oriented Businesses 2. Automotive Rental 3. Automotive Repair 4 5 6 7 8. Carnage Stable 9. 10. Laundry Service 11. Commercial Plasma Center 12. Convenience Storage 13. Drop-off recycling Collection Cocktail Lounge* Facility 14. Drive Through Services as an accessory use to a restaurant 15 Equipment Repair Services 16. Equipment Sales 17. Exterminating Services 18. Kennels 19. Liquor Sales 20 Pawn Shop Services 21. Outdoor Entertainment 22. Outdoor Recreation 23. Service Stations 24. Telecommunication Tower (if sited on ground) 25. Vehicle Storage 26 Veterinary Services * Cocktail Lounge is a conditional use 1808-1812 E 12th Street. C. Conditional Uses The following uses are conditional uses throughout the East 12th Street NCCD, and require a conditional use permit. 1. Telecommunication Tower, if located on the roof of an otherwise permitted structure. (Maximum height requirements still apply) 2. Drive-through services with the hours of operation between midnight and 6:00 AM, if used for an automated teller machine 3. Cocktail Lounge is a conditional use at 1808-1812 E. 12th Street. February 28, 2008 D. Drive Through Uses Drive through uses are permitted as an accessory use to a permitted primary use with the following conditions 1. The primary use must provide service for pedestrians that does not require the pedestrian to stand or walk in the drive-through lane. 2. The maximum curb cut for a drive through accessory use must not exceed 30 feet. 3. Drive through uses are permitted to operate between the hours of 6'00 AM and 12:00 midnight. 4. A drive through automatic Teller Machine (ATM) operating between the hours of 12 midnight and 6.00 AM is a conditionally permitted use. 5. Drive through uses as an accessory use to a restaurant are prohibited. V. Building Site Development Regulations A. General Site Development Standards General Site development standards in the NCCD conform to the base district zoning, except where otherwise noted. B. Compatibility Standards Article 10 (Compatibility Standards) of the City Code does not apply to properties in the East 12th Street NCCD. The properties must comply with the setback and height requirements specific to their subdistricts as set forth Section V. C. and Section V D of this plan. C. Setback Requirements Setback requirements are determined by subdistnct: • Subdistricts 1 and 2 • Subdistrict 3 o Front setback - 0 feet o Side street yard setback - 0 feet o o Rear setback - 10 feet Interior side yard - 0 feet o Front setback - 15 feet o Side street yard setback - 10 feet o o Rear setback - 5 feet Interior side yard - 5 feet D. Height The maximum height of structures is determined by subdistrict: • Subdistrict 1 - 60 feet • Subdistrict 2-50 feet feet • Subdistrict 3-35 February 28, 2008 E. Impervious Cover: The allowable impervious cover is determined by subdistrict • Subdistricts 1 and 2 - 90% (95% in instances where participation in the Regional Stormwater Detention Program is not available and the developer provides on-site detention.) • Subdistrict 3 - 80% VI. Other Site Development Regulations A. Parking Requirements On all tracts in the NCCD, parking requirements are based on the lesser of 80% of that required by the appropriate schedule of the Land Development Code (LDC) or determined by a shared parking provision approved by the City of Austin B. Exterior Lighting All exterior lighting must be hooded and shielded so that the light source is not directly visible across the source property line. At the property line the lighting may not exceed 0.4-foot candles. C. Building Facade Design The facade of a building may not extend horizontally in an unbroken line for more than 20 feet; it must include windows, balconies, porches, stoops or similar architectural features, and must have awnings along at least 50 percent. D. Landscaping Landscaping is required unless the street yard is less than 1,000 square feet in area. Landscaped islands, peninsulas or medians are not required for parking lots with less than 12 spaces. E. Fencing Fences up to 8 feet in height are allowed along the back and sides of properties which face East 12th Street, or are adjacent to properties which face East 12 Street. VII, Additional Site Development Requirements for Parking Garages A. Requirements for all parking garages: 1. Parking garages that front both E. 12th Street and a side street must use the side street for access to the parking structure, unless determined by the City of Austin at the time of site plan approval, to be mfeasible. 2. For a parking structure (or garage) shielding must be provided for headlights and interior lights on the 100% of the rear of the structure and for the rearmost 50% of the sides of the structure. 3 Overnight parking is limited to residents and their overnight guests. February 28, 2008 B. Requirements for parking structures less than 30' in height. For structures of two (2) stories but less than 30' in height, 75% of the ground floor front footage which fronts E. 12th Street must be a pedestrian oriented use at 15' in depth. If parking garage access is from E. 12th Street, and it requires more than 25% of the available frontage, the side of the building may be used to meet the additional space required to meet the minimum requirement for pedestrian oriented uses, as defined in section VII. D below Structural pillars are not included in the calculation of available frontage. Example: A 25 foot tall parking structure at the corner of Waller and E 12th Street with 100' of frontage on E. 12l Street would be required to provide 75 feet of frontage for pedestrian oriented uses. If access is taken from E 12th Street with a width of 30', an additional 5' of frontage on Waller street could be used to meet the minimum requirements. C. Requirements for parking structures 30'or higher. For structures of two (2) stories or more, or 30' or greater in height, 100% of the ground floor front footage which fronts E 12th Street must be a pedestrian oriented use at 15' in depth. If parking garage access is taken from E. 12l Street, the side of the building may be used to meet the additional space requned to meet the minimum requirement for pedestrian oriented uses, as defined in section VII D below. Structural pillars are not included in the calculation of available frontage. Example: A 30 foot tall parking structure at the corner of Waller and E I2th Street with 100' of frontage on E. 12l Street would be required to provide 100 feet of frontage for pedestrian oriented uses. If access is taken from E. 12th Street with a width of 30', an additional 30' of frontage on Waller street could be used to meet the minimum requirements. D. Pedestrian Oriented Uses. For the purposes of the East 12th Street NCCD, pedestrian-oriented businesses are defined as a use that serves the public by providing goods or services and includes the following uses: 1 Art gallery, 2. Art workshop, 3. Business support services, 4. Cocktail Lounge (where permitted) 5. Consumer convenience services, 6. Consumer repair services, 7. Cultural services, 8. Day Care Services (limited, general, or commercial), 9 Financial services without drive through service, 10. Food preparation, 11. Food sales, 12. General retail sales (convenience or general), 13. Park and recreation services, 14. Pet services, 15 Personal improvement services, 16. Personal services, and 17. Restaurant (limited or general) without a drive-through service February 28, 2008