20210208-2A: Regarding URP and NCCDs — original pdf
Recommendation
DRAFT Recommended by the Urban Renewal Board January 19, 2021 URBAN RENEWAL PLAN FOR THE EAST 11TH AND 12TH STREETS URBAN RENEWAL PLAN AREA Page 1 of 18 Street NCCD as they exist on the date of the adoption of the URP for the purpose of applying land use controls outlined in Part 6. Additional information regarding the NCCDs is in Appendix B, attached hereto. 6. LAND USE Permitted, Conditional and Prohibited Uses A. For properties within the East 12th St NCCD: a. 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. b. For the uses allowed on properties zoned SF-3, refer to the Land Development Code’s Zoning Use Summary Table. The use table in this section does not apply. A.B. In this section, unless provided for elsewhere, uses not listed in this table, or not listed in this table as Permitted (P), Permitted with Conditions (PC), Conditional (C) or Prohibited (-), are prohibited. B.C. 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 except“ 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. A cocktail lounge use is otherwise 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 East 11th Street and 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 (A&B) East 12th Street, 1196, 1196 1/2, 1197, 1198 and 1199 San Bernard Street, 1194, 1195 ½, 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. Page 10 of 18 DRAFT Recommended by the Urban Renewal Board January 19, 2021 ORDINANCE NO. __________________ 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. Page 1 of 17 Except as specifically provided by the East 11th and 12th Streets Urban Renewal Plan (URP), the land use regulations of the City Code apply to the East 11th Street NCCD. If applicable, the requirements of the URP apply to the East 11th Street NCCD. Where there is conflict between the East 11th and 12th Streets URP and provisions found in other adopted codes, ordinances or regulations of the City of Austin, the URP shall control. PART 4. Permitted, Conditional, and Prohibited Uses for Subdistrict 1 and Subdistrict 2. A. 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. B.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. C.B. The following are 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 and 1104 East 11th Street. A cocktail lounge use is otherwise prohibited except as an accessory use to a hotel/motel use. 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. D.C. Use Table for Subdistrict 1 and Subdistrict 2 USES CONDITIONS AND EXCEPTIONS SUBDISTRICT 1 SUBDISTRICT 2 COMMERCIAL USES Administrative and Business Offices PC Not allowed on a ground floor of a building fronting E 11TH Street Art Gallery Art Workshop Food Sales General Retail Sales (Convenience) Hotel‐Motel Indoor Entertainment Liquor Sales P P PC PC PC P C PC P P — — — — — Only allowed on a ground floor of a building fronting E 11TH Street Only allowed on a ground floor of a building fronting E 11TH Street Bedroom may not be located on a ground floor of a building fronting E 11TH Street Limited to 3,000 square feet of gross floor area Page 6 of 17 DRAFT Recommended by the Urban Renewal Board January 19, 2021 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 "C". 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 Page 1 of 16 d. Tracts 2-10, a portion of Tract 15 and Tract 18. 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. 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. 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 an 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. 1.2. For the uses allowed on properties zoned SF-3, refer to the Land Development Code’s Zoning Use Summary Table. The use table in this section does not apply. Page 10 of 16 2.3. 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. a. Residential Uses 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 PC P P P P PC PC PC PC P P P Page 11 of 16