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East 12th Street Neighborhood Conservation Combining District Plan Established by Ordinance 20080228‐087 Amended by Ordinance 20081120‐101 Amended by Ordinance 20171109‐094 EXHIBIT C East 12th Street Neighborhood Conservation Combining District Plan DRAFT [Date] 1 Draft 9/21/2020 I. II. III. Table of Contents Background 2……………………………………………………………………….. The NCCD and Neighborhood Plans 2……………………………………. Boundaries 2……………………………………………………………………….. A. District boundaries 2Boundaries……………………………………………….. B. Sub‐district boundaries ....................................................................... 2 IV. Subdistrict Boundaries…………………………………………… Land Use Regulations 2……………………………………………………...... V. Building Site Development Regulations 4………………………………………... A. B. C. D. A. B. C. D. E. A. B. C. D. E. PermittedCommercial Uses 2………………………………………………….. ProhibitedResidential Uses 3…………………………………………………... ConditionalCivic Uses 3……………………………………………………… Drive Through Uses 3………………………………………………. General Site Development Regulations 4…………………………… Compatibility Standards 4…………………………………………. Set Back Requirements 4…………………………………………… Height 4……………………………………………………………….. Impervious Cover 4……………………………………………………… Parking 4………………………………………………………………… Exterior Lighting 5………………………………………………………… Building FaçadeFacade Design 5………………………………………………… Landscaping 5……………………………………………………………. Fencing 5………………………………………………………………. VI. Other Site Development Regulations 4…………………………………………. VII. Additional Site Development Requirements for Parking Garages 5………………. A. Requirements for All Parking Garages 5……………………………………. Requirements for Parking Garages less than 30’30' in height B. 5……………….. 2 Draft 9/21/2020 C. 6…………………………. Requirements for Parking Garages 30’30' or higher D. Pedestrian Oriented Uses………………………………………6 3 Draft 9/21/2020 I. I. Background The East 12th Street neighborhood conservation combining districtNeighborhood Conservation Combining District (NCCD) is a zoning tool to implement the East 11th and 12th Street Urban Renewal Plan (URP). An NCCD The East 12th Street NCCD was adopted by City Council on February 28, 2008 under Ordinance No. 20080228‐087 and was amended by subsequent zoning ordinances. The NCCD for East 11th Street has already beenwas adopted by the City Council. This on June 20, 1991 under Ordinance No. 910620‐C and was amended by subsequent zoning ordinances. A NCCD will modifymodifies provisions of the City’sCity's land development code, and allows the customizing of development standards to meet the needs of East 12th Street. Approvals. The 4th proposed amendment to the URP and associated NCCD were approved by the board ofBetween 2019 and 2020, 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 usesassistance of staff and a consultant worked to update and clarify the East 11th Street NCCD and the drive through accessory use. On these two items the East 11th and 12th Streets Urban Renewal Board took no position. On July 24, 200,7 Planning Commission approved the draft NCCD with an additional recommendation thatPlan These efforts resulted in a revision to the URP and the East 11th Street NCCD and proposed revisions to the rear yard set back for properties in subdistricts one and two be a vegetated setback. East 12th Street NCCD, primarily to Exhibit C, Neighborhood Conservation Combining District Plan. On February 28, 2008, City Council approved the creation of the NCCD and adopted Ordinance NO 20080228‐087. II. II. The NCCD and Neighborhood Plans The East 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 Neighborhood Plan and the Rosewood neighborhood plansNeighborhood Plans are in accord with the Urban Renewal PlanURP and the proposed NCCD for East 12th Street. Where there is disagreement with the Central East Austin 4 Draft 9/21/2020 Neighborhood Plan, the neighborhood plan's future land use map will be updated to reflect the land uses called for in the URP. III. III. District Boundaries A. District boundaries A. The boundaries of the East 12th Street NCCD are generally described as those lots facing East 12th Street from IH‐35 and Branch Street to Poquito Street. See attached map. B. B. Subdistrict boundaries The East 12th Street NCCD is divided into four subdistricts: a. North side of East 12th Street from IH‐35 to the northwest corner of Olander 1. Subdistrict 1 Street. b. Tract 1. 2. Subdistrict 2 a. North side of East 12th Street from northeast corner of Olander Street to Poquito Street. b. Southwest and Southeast corners of Comal and East 12th Street. c. South side of East 12th Street between Chicon Street and Poquito Street. d. Tracts 2‐10, a portion of Tract 15 and tracts 16‐18. a. South side of East 12th Street from Comal Street to Chicon Street. 3. Subdistrict 2a 4. Subdistrict 3 a. South side of East 12th Street between Branch Street and Comal Street (excepting the southwest corner of Comal Street and East 12th Street). b. Tracts 11‐14 and a portion of Tract 15. IV. IV. Land Use Regulations A. Except as specifically provided for by this plan, the land use regulations of the City Code apply to the East 12th Street NCCD. If applicable, the requirements of the URP apply to the East 12th Street NCCD. Where there is conflict between the East 11th and 12th Streets Urban Formatted: Highlight Formatted: Highlight 5 Draft 9/21/2020 Renewal Plan provisions found in other adopted codes, ordinances or regulations of the City of Austin, the URP shall control.,, In the event of a conflict, the more restrictive requirements applies. Formatted: Highlight Formatted: Line spacing: Multiple 1.08 li Formatted: List Paragraph, Indent: Left: 0.25", Line spacing: single, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers A. A. Permitted Uses B. Prohibited Uses Unless otherwise specified,There are several uses are permitted as allowed by, not listed in the base zoning district or as modified by the mixed‐use combining district. The following uses are prohibited throughout 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: Adult‐Oriented Businesses Automotive Rental Automotive Repair Automotive Sales Automotive Washing Bail Bond Services Campground Carriage Stable Cocktail Lounge* Laundry Service 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Commercial Plasma Center 12. Convenience Storage 13. Drop‐off recycling Collection 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. 20. Pawn Shop Services 21. Outdoor Entertainment 22. Outdoor Recreation 23. Service Stations** Liquor Sales B. Telecommunication Tower (if sited charts in section IV(C), that are allowed on ground)specific properties: B. 24. Vehicle Storage 25. Veterinary Services A Cocktail Lounge is a permitted use limited to the ground floor of a building located at 1808‐1812 East 12th Street. 1. * Cocktail Lounge is a permitted use limited to the ground floor of a building 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. 1. Cocktail Lounge is a conditional use at 1808‐1812 E.. 2. A Funeral Service is a permitted use at 1300 East12th Street and 1410 East 12th Street. 6 Draft 9/21/2020 Formatted: Highlight Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.63" Formatted: List Paragraph, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 3. A Condominium Residential and/or Townhouse is a permitted 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 are permitted uses at 903, 904, 905, 1201, 1203, 1205, 1209, 1215, 1219, 1301, 1309, 1310,1315, 1319, 1416, 1501, 1511, 1514, 1517, 1518, 1521, 1601, 1603, 1611, 1615, 1713, 1803 East 12th Street; 1203, 1205 Olander Street; 1196, 1196 ½, 1197, 1198 and 1199 San Bernard Street; 1194, 1195 ½, 1196 and 1198 Navasota Street. 1.5. A Club or Lodge is a permitted use at 1704 East 12th Street Formatted: Superscript 6. Hotel/Motel with ground floor bedroom fronting East 12th Street is a permitted use at 810 and 900 East 12th Street. C. Permitted Uses, Uses Permitted with Specific Conditions, and Conditional Uses 1. Uses listed in the table in this section are only allowed if they are permitted, permitted with conditions, or conditional in a base zoning district as indicated by the Land Development Code’s Zoning Use Summary Table. Formatted: Highlight Formatted: Highlight 2. Unless provided for in this section, all uses in this section’s tables not listed as Permitted (P), Permitted with Conditions (PC), or Conditional (C) are prohibited. Uses Permitted Conditions and Exceptions Not allowed on the ground floor of a building fronting East 12th Street. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Townhouse Residential PC Not allowed fronting East 12th Street. Uses Permitted Conditions and Exceptions Administrative and Business Offices Not allowed on the ground floor of a building fronting East 12th Street. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 1.a. Residential Uses Condominium Residential Group Residential Multi‐Family Residential b. Commercial Uses Art Gallery Art Workshop Food Sales PC P P PC P P PC Only allowed on the ground floor of a building fronting East 12th Street. 7 Draft 9/21/2020 General Retail Sales (Convenience) Hotel/Motel Only allowed on the ground floor of a building fronting East 12th Street. Bedroom may not be located on the ground floor of a building fronting East 12th Street. Indoor Entertainment P Liquor Sales C Limited to 3,000 square feet of gross floor area. Medical Offices—not exceeding 5,000 sq./ft of gross floor space PC Not allowed on the ground floor of a building fronting East 12th Street. Personal Improvement Services Only allowed on the ground floor of a building fronting East 12th Street. Only allowed on the ground floor of a building fronting East 12th Street. PC PC P P P PC PC C C C P C C P Personal Services Professional Offices Restaurant (Limited) Restaurant (General) Special Use Historic Theater c. Civic Uses Community Recreation (Private) Community Recreation (Public) Congregate Living Counseling Services Cultural Services Day Care Services (General) PC Not allowed on the ground floor of a building on East 12th Street. 8 Draft 9/21/2020 Uses Permitted Conditions and Exceptions College & University Facilities PC Only allowed on the second floor of a building. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" PC Not allowed on the ground floor of a building on East 12th Street. 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 P C P P C C P 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 may 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 conditional use. 5. Drive through uses as an accessory use to a restaurant are prohibited. 9 Draft 9/21/2020 Telecommunication Tower PC Prohibited unless located on a rooftop. D. Drive Through Uses Formatted: Indent: Left: 0.25", No bullets or numbering V. V. Building Site Development Regulations A. A. General Site Development Standards General Site development standards in the NCCD conform to the base district zoning, except where otherwise noted. B. B. Compatibility Standards Article 10 (Compatibility Standards) of the City Land Development 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. C. Setback Requirements Setback requirements are determined by subdistrict: 1. Subdistricts 1, 2, and 2a: a. Front setback –‐ 0 feet b. Side street yard setback –‐ 0 feet c. Interior side yard –‐ 0 feet d. Rear setback –‐ 10 feet 2. Subdistrict 3: a. Front setback –‐ 15 feet b. Side street yard setback –‐ 10 feet c. Interior side yard –‐ 5 feet d. Rear setback –‐ 5 feet 1. Subdistrict 1 –‐ 60 feet 2. Subdistrict 2 – ‐50 feet 3. Subdistrict 2a‐35 feet 4. Subdistrict 3 – ‐35 feet E. D. D. Height The maximum height of structures is determined by subdistrict: 10 Draft 9/21/2020 E. Impervious Cover: The allowable impervious cover is determined by subdistrict: 1. Subdistricts 1, 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.) 2. Subdistrict 3 –‐ 80% VI. VI. Other Site Development Regulations A. 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 or determined by a shared parking provision approved by the City of Austin. A.B. 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. B.C. C. Street Facing Building FaçadeFacade Design 1. The building façadeA Street facing facade may not extend horizontally in an unbroken line for more than 20 feet; it. 2. A street facing façade must include windows, balconies, porches, stoops or similar architectural features, and 1.3. A street facing facade must have awnings along at least 50% of the building 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 fewer than 12 spaces. frontage. D. D. Landscaping E. E. Fencing 11 Draft 9/21/2020 Formatted: Normal bullet spacing, Numbered + Level: 1 + Numbering Style: I, II, III, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.5", Tab stops: 0.25", Left + Not at 0.38" + 0.75" + 0.88" + 5" Formatted: No underline Formatted: Font: Not Bold Formatted: Normal bullet spacing, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Not Bold Formatted: Normal bullet spacing, Indent: Left: 0.5" Formatted: Font: Not Bold Formatted: Normal bullet spacing, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Normal bullet spacing, Indent: Left: 0.5" Formatted: Normal bullet spacing, Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Not Bold 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 12th Street. VII. VII. Additional Site Development Requirements for Parking Garages A. A. Requirements for all parking garages: 1. 1. Parking garages that front both East 12th Street and a side street must use the side street for access to the parking structure, unless determined otherwise by the City of Austin at the time of site plan approval. 2. 2. For a parking structure or garage, shielding must be provided for headlights and interior lights on 100% of the rear of the structure and for the rearmost 50% of the sides of the structure. 3. 3. Overnight parking is limited to residents and their overnight guests. B. B. Requirements for parking structures less than 30 feet in height 1. For structures of two (2) stories but less than 30 feet in height, 75% of the ground floor of a buildings front footage which fronts E.facade facing East 12th Street must be a pedestrian oriented use at 15’defined in section IV(B) “Permitted Uses, Uses Permitted with Specific Conditions, and Conditional Uses” to a minimum of 15 feet in depth. 2. If parking garage access is from East 12th Street, and 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 in VII(B)(1) for pedestrian oriented uses, as defined in section VII.D below. IV(B) “Permitted Uses, Uses Permitted with Specific Conditions, and Conditional Uses”. Structural pillars are not included in the calculation of available frontage. Example: A 25 ‐foot ‐tall parking structure at the corner of Waller Street and East 12th Street with 100 feet of frontage on East 12th Street would be required to provide 75 feet of frontage for pedestrian oriented the uses. in IV(B). If access is taken from East 12th Street with a width of 30 feet, an additional 5’5 feet of frontage on Waller street could be used to meet the minimum requirements. C. C. Requirements for parking structures30’or higher. structures 30 feet or taller. 12 Draft 9/21/2020 Formatted: Normal bullet spacing, Indent: Left: 0.5" Formatted: Superscript Formatted: List Paragraph, Line spacing: Multiple 1.1 li, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers, Tab stops: 0.25", Left Formatted: No underline Formatted: Normal bullet spacing, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: No underline Formatted: Superscript Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char, Superscript Formatted: Normal bullet spacing, Line spacing: Multiple 1.1 li, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char, Not Superscript/ Subscript Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Font: Not Italic Formatted: Normal bullet spacing, Indent: Left: 1" Formatted: Superscript Formatted: Superscript Formatted: Normal bullet spacing Char, No underline 1. For structures of two (2) stories or more, or 30’ or and greater in heightthan 30 feet tall, 100% of the ground floor front footage which fronts E.facade facing East 12th Street must be for a pedestrian oriented use at 15’defined in section and IV(B) “Permitted Uses, Uses Permitted with Specific Conditions, and Conditional Uses” to a minimum depth. of 15 feet. If parking garage access is taken from East 12th Street, the side of the building may be used to meet the additional space required to meet the minimum requirement for pedestrian oriented to accommodate the uses, as defined in section VII. D below. IV(B) “Permitted Uses, Uses Permitted with Specific Conditions, and Conditional Uses.” Structural pillars are not included in the calculation of available frontage. Example: A 30 ‐foot ‐tall parking structure at the corner of Waller and East 12th Street with 100' foot of frontage on East 12th Street would be required to provide 100 feet of frontage for pedestrian oriented uses. defined in IV(B). If access is taken from East 12th Street with a width of 30 feet, an additional 30 feet of frontage on Waller Street could be used to meet the minimum requirements. 2. 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, 13 Draft 9/21/2020 Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char, Superscript Formatted: List Paragraph, Line spacing: Multiple 1.1 li, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char, Not Superscript/ Subscript Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Normal bullet spacing Char Formatted: Font: Not Italic Formatted: Superscript Formatted: Superscript Formatted: Left: 1", Right: 1", Number of columns: 1, Different first page header Formatted: Line spacing: Multiple 1.1 li, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Left: 1", Right: 1", Different first page header