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ORDINANCE NO. __________________ AN ORDINANCE AMENDINDING 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 12th 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-XX-XXXX, on file at the Neighborhood Planning and Zoning Department, as follows: Approximately 23 acres of land, more or less, consisting of four 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 Olander Street. b. Subdistrict 2, also known as Tracts 2-10, the east portion of Tract 15, and Tract 18, being the areas along the northside of East 12' Street from Olander Street to Poquito Street, 1425 East 12th Street, the southside of East 12th Street between Chicon Street and Poquito Street c. Subdistrict 2a, also known as Tracts 16-17, being the area on the southside of East 12th Street from Comal Street to Chicon Street. d. Subdistrict 3, also known as Tracts 11-14 and Tract 15 excluding 1425 East 12th Street, being the areas along the southside of East 12th Street between Branch Street and Comal Street, not including 1425 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 Branch Street to Poquito Street, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "DC". PART 2. The base zoning of the 18 tracts shown in the chart below are changed from 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 conservation combining district-neighborhood plan (GR- NCCD-NP) combining district, community commercial-mixed use-neighborhood conservation combining district-neighborhood plan (GR-MU-NCCD-NP) combining district, community commercial-mixed use- DRAFT 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 (CS-MU-CO-NCCD-NP) 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, 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 conservation combining district-neighborhood plan (GR-NCCD- NP) combining district, community commercial-mixed 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 (CS-MU-CO-NCCD-NP) 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. NOTE TO READER: There are not any base zoning changes being proposed as part of this NCCD update. The Tract Map (Exhibit B) will probably need to be updated to reflect the subsets of tracts (5a, 6a, 8a, etc. instead of 5, 6, 8, etc.). This chart reflects Ord. # 20080228-087 (adopting the East 12th Street NNCD), Ord. # 20171109-094 (amending the NCCD in 2017), Ord. # 20100325-062 (adding the “V” to Tract 18) and Ord. # 20090723-124 (adding the “V” to Tract 10). Tract Address Zoning From Zoning To Subdistrict 1 2 3 4 5a 800-950 E 12th Street (even numbers) 1000-1028 E 12th Street (even numbers) 1100-1150 E 12th Street (even numbers) 1200-1250 E 12th Street (even numbers) 1300-1310 E 12th Street (even numbers CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP 1 2 2 2 2 1 11a 901 E 12th Street GR-MU-H-NCCD-NP GR-MU-H-NCCD-NP 1320-1350 E 12th Street (even numbers) 1400 E 12th Street 1406-1410 E 12th Street (even numbers) 1416 E 12th Street 1204 & 1206 Comal Street (even numbers) 1500-1625 E 12th Street (even numbers) 1700-1702 & 1720 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 Street 1900-1950 E 12th Street (even numbers) 903-905 E 12th Street 909 E 12th Street 913 E 12th Street 1001-1105 E 12th Street (odd numbers) 1107-1115 E 12th Street (odd numbers) 1201-1251 E 12th Street (odd numbers) 1197 Navasota Street 1196-1198 San Bernard Street 1301 E 12th Street 1197-1199 San Bernard 1309 E 12th Street 1315 E 12th Street 1319 E 12th Street 1401-1423 E 12th Street (odd numbers) 1425 E 12th Street CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-H-MU-NCCD-NP CS-H-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-H-NCCD-NP CS-H-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-1-MU-NCCD-NP CS-1-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-V-NCCD-NP CS-MU-V-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP CS-MU-NCCD-NP GR-MU-NCCD-NP CS-MU-NCCD-NP GR-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-NCCD-NP CS-MU-H-NCCD-NP CS-MU-H-NCCD-NP CS-MU-CO-NCCD- CS-MU-CO-NCCD- NP NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-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 LR-MU-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP SF-3-NCCD-NP MF-3-NCCD-NP MF-3-NCCD-NP GR-MU-NCCD-NP GR-MU-NCCD-NP 13 1121 E 12th Street DRAFT 5b 6a 6b 6c 6d 7 8a 8b 9a 9b 9c 10 11b 11c 11d 12 12 14a 14b 14c 15 15b 15c 15d 15e 15f 15g 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 3 3 2 2 DRAFT 16a 16b 2a 2a 2a 2a 2a 2 1195 Comal Street & 1501 E 12th St GR-MU-H-NCCD-NP GR-MU-H-NCCD-NP 1511 E 12th Street MF-4-NCCD-NP MF-4-NCCD-NP 16c 1517 E 12th Street MF-4-NCCD-NP MF-4-NCCD-NP 16d 1521-1651 E 12th St MF-4-NCCD-NP MF-4-NCCD-NP 17 18 1701-1851 E 12th Street (odd numbers) 1901-1951 E. 12th Street (odd numbers) GR-MU-NCCD-NP GR-MU-NCCD-NP CS-MU-V-NCCD-NP CS-MU-V-NCCD-NP 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 12th Street NCCD as shown in the East 12th Street NCCD Plan (the "NCCD Plan") attached as Exhibit "D" and incorporated into this ordinance. In the event of conflict with the base zoning district regulations, the NCCD Plan modifications control. 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. PART 6. This ordinance takes effect on XXXX XX, 20XX. 3 DRAFT Exhibit A 4 DRAFT Exhibit B 5 DRAFT DRAFT EXHIBIT C East 12th Street Neighborhood Conservation Combining District Plan [Date] Exhibit C 6 DRAFT Table of Contents Background……………………………………………………………………….. The NCCD and Neighborhood Plans……………………………………. Boundaries……………………………………………………………………….. District Boundaries……………………………………………….. Subdistrict Boundaries…………………………………………… Land Use Regulations……………………………………………………...... Commercial Uses………………………………………………….. Residential Uses…………………………………………………... Civic Uses……………………………………………………… Drive Through Uses………………………………………………. Building Development Regulations………………………………………... General Site Development Regulations…………………………… Compatibility Standards…………………………………………. Set Back Requirements…………………………………………… Height……………………………………………………………….. Impervious Cover……………………………………………………… Other Site Development Regulations…………………………………………. Parking………………………………………………………………… Exterior Lighting………………………………………………………… Building Facade Design………………………………………………… Landscaping……………………………………………………………. Fencing………………………………………………………………. Additional Site Development Requirements for Parking Garages………………. Requirements for All Parking Garages……………………………………. Requirements for Parking Garages less than 30' in height……………….. Requirements for Parking Garages 30' or higher…………………………. 7 DRAFT I. Background The East 12th Street Neighborhood Conservation Combining District (NCCD) is a zoning tool to implement the East 11th and 12th Street Urban Renewal Plan (URP). 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 was adopted by the City Council on June 20, 1991 under Ordinance No. 910620-C and was amended by subsequent zoning ordinances. A NCCD modifies provisions of the City's land development code and allows the customizing of development standards to meet the needs of East 12th Street. Between 2019 and 2020, the Urban Renewal Board with the assistance of staff and a consultant worked to update and clarify the East 11th Street NCCD and the East 11th and 12th Streets Urban Renewal Plan These efforts resulted in a revision to the URP and the East 11th Street NCCD and proposed revisions to the East 12th Street NCCD, primarily to Exhibit C, Neighborhood Conservation Combining District Plan. 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 Plans are in accord with the URP and the NCCD for East 12th Street. 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 URP. III. 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. 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 Street. 1. Subdistrict 1 b. Tract 1. 2. Subdistrict 2 Street. a. North side of East 12th Street from northeast corner of Olander Street to Poquito b. Southwest corner 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 Tract 18. 8 DRAFT 3. Subdistrict 2a 4. Subdistrict 3 a. South side of East 12th Street from Comal Street to Chicon Street. b. South side of East 12th Street between Comal and Chicon Street. c. Tracts 16 and 17. 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. 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 Renewal Plan provisions found in other adopted codes, ordinances or regulations of the City of Austin, the URP shall control. B. There are uses, not listed in the charts in section IV(C), that are allowed on specific properties: 1. A Cocktail Lounge is a permitted use limited to the ground floor of a building located at 1808- 1812 East 12th Street. A cocktail lounge use is otherwise prohibited except as a conditional accessory use to a hotel/motel use. 2. A Funeral Service is a permitted use at 1300 East12th Street and 1410 East 12th Street. 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. 5. A Club or Lodge is a permitted use at 1704 East 12th Street 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 the base zoning district of a property as indicated by the Land Development Code’s Zoning Use Summary Table. 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. a. Residential Uses 9 Commented [KL1]: From Development Services staff: Accessory uses cannot be conditional but are limited to 10% of the total floor area of the use. Uses Permitted Conditions and Exceptions Not allowed on the ground floor of a building fronting East 12th Street. DRAFT Condominium Residential Group Residential Multi-Family Residential b. Commercial Uses Art Gallery Art Workshop Food Sales General Retail Sales (Convenience) Hotel/Motel 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. 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. 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 Personal Services Professional Offices Restaurant (Limited) Restaurant (General) 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 P P P P PC PC PC PC P P P PC PC 10 Special Use Historic Theater C P DRAFT c. Civic Uses C C C P C P P P P P P C Community Recreation (Private) Community Recreation (Public) Congregate Living Counseling Services 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 Services Private Secondary Educational Services Public Primary Educational Services C P Uses Permitted Conditions and Exceptions College & University Facilities PC Only allowed on the second floor of a building. PC Not allowed on the ground floor of a building on East 12th Street. PC Not allowed on the ground floor of a building on East 12th Street. 11 Commented [KL2]: Still needs review. Comment from Commissioner Skidmore: anything we can do to reduce the number of curb cuts makes the street safer for the kind of activity that the Plan is trying to achieve. DRAFT Public Secondary Educational Services Religious Assembly Safety Services P P C D. Drive Through Uses Telecommunication Tower PC Prohibited unless located on a rooftop. 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. 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 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. 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 12 DRAFT 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 D. Height The maximum height of structures is determined by subdistrict: 1. Subdistrict 1 - 60 feet 2. Subdistrict 2 - 50 feet 3. Subdistrict 2a - 35 feet 4. Subdistrict 3 - 35 feet 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. 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 or determined by a Transportation Demand Management plan 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. Street Facing Building Facade Design 1. A Street facing facade may not extend horizontally in an unbroken line for more than 20 13 feet. DRAFT D. Landscaping E. Fencing 2. A street facing façade must include windows, balconies, porches, stoops or similar architectural features 3. A street facing facade must have awnings along at least 50% of the building frontage. 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. 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. Additional Site Development Requirements for Parking Garages A. Requirements for all parking garages 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. 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. Overnight parking is limited to residents and their overnight guests. B. Requirements for parking structures less than 30 feet in height 1. For structures of 2 stories but less than 30 feet in height, 75% of the ground floor of a buildings front facade facing East 12th Street must be a use 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 uses defined in section 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 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. Requirements for parking structures 30 feet or taller. 14 DRAFT 1. For structures of 2 stories or more and greater than 30 feet tall, 100% of the ground floor 2. front facade facing East 12th Street must be for a use 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 to accommodate the uses defined in section 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 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. 15  DRAFT 16