Developers

When you present the proposed project to the EMLK NPCT, be prepared to provide the following information:

Current and proposed zoning, including City of Austin development standards for each per Chapter 25-2, Subchapter C of the Land Development Code (LDC)

1. Total site area

2. Any existing buildings to be demolished, and whether they include housing

3. Gross floor area of new construction, broken down by use (retail, office, residential, etc.)

4. Number of required and provided parking spaces (surface and/or structured)

5. Building height for each proposed building

6. FAR, building coverage, and impervious coverage

7. For projects including residential uses:

   • Number of units and unit mix

   • Intended price points for rental and for sale units, including number of units that qualify as “affordable” per Austin LDC

8. Include the latest recommendations regarding the project from the City of Austin Planning & Zoning Department.

9. Provide a site plan that clearly describes the following:

   • Traffic patterns, including nearby streets (an additional overall area map showing local, collector, and arterial streets is very helpful here), internal circulation routes, and the location of parking; also indicate the width in feet of the street(s) and ROW used for access

   • Connection to local public transportation, bicycle routes, mixed use paths, etc.; identify pedestrian and other non-automotive entries to site

   • The name and direction of the nearest creek(s) (Boggy Creek, Tannehill Branch, or Walnut Creek)

   • Water quality and/or stormwater detention features; include topographic contours, existing and proposed site drainage patterns, and location of proposed structured ponds, rain gardens, etc.

   • The location and footprint of each proposed building, including building height (in feet as well as number of stories) and setback distance

   • Any existing heritage or protected trees

   • Any proposed open space amenities

   • Any existing easements, compatibility setbacks, or other features that restrict the area available for development

In addition, be prepared to answer the following questions:

1. Which goals in the East MLK Combined Neighborhood Plan does this project satisfy?

2. Have you identified and established contact with the relevant Neighborhood Association? Which NA?

3. Aside from the site plan, has any visualization for the project -- i.e., colored elevations, renderings, etc. -- been produced?

4. What is the expected number of vehicle trips per day for the project? Will a Traffic Impact Analysis or Neighborhood Traffic Analysis be required; if so, has one been executed?

5. What construction type is intended, and what measures do you plan to take to ensure the resultant buildings are durable?

6. What green building strategies and features are being planned for buildings and landscape?

7. How are you taking advantage of existing trees and other landscape features?

8. What steps are you taking to ensure flooding does not occur on adjacent properties? What about contamination and erosion of nearby creek banks?

9. What measures are you taking to minimize light pollution and prevent light trespass at adjacent single-family residential properties?

10. How is the project compatible with the scale and character of the surrounding neighborhood?

11. What benefits, besides additional housing, will this project provide to the neighborhood and planning area?

12. If the project includes residential development, are you accommodating a range of price points that offers products to buyers of modest means?

13. If existing housing is to be demolished:

    • How many units will be eliminated? Rental or owner?

    • What are the price points of these units?

In order for the EMLK NPCT to provide support, the project shall achieve the following:

• If the project is located in a neighborhood with an active Neighborhood Association (NA), support from that NA, provided via a letter or email from an authorized NA representative to the NPCT;

• Certification in the Better Builder Program through the Workers Defense Project:

  • Payment of a living wage per City of Austin standards;

  • Completion of OSHA-10 training, OSHA-30 for supervisors;

  • Workers compensation;

  • Hiring goals from Department of Labor and local craft training programs;

  • Compliance with all applicable state, federal, and local laws; and

  • Independent onsite monitoring;

• Minimum 1-star rating under the Austin Energy Green Building program.

If the project includes residential development, the following shall also be required:

• At least 10 percent of each unit type provided, but not less than one total, must be affordable to households making no more than 60% of the Median Family Income for the Austin statistical metropolitan area as determined by the director of the City’s Neighborhood Housing and Community Development Department;

• At least 10 percent, but not less than one, of the dwelling units must be Accessible according to Chapter 11 of the currently recognized edition of the International Building Code; and

• Any rental properties shall include a lease addendum with provisions equivalent to those required in City of Austin RHDA-assisted properties. These include, but are not limited to:

  • Prohibited lease terms in the standard lease agreement that overly restrict tenant rights;

  • Termination of Tenancy requirements; and

  • Owner Entry into Unit restrictions.

If the project includes commercial development, the following shall also be required:

• The developer shall allocate a minimum of 10 percent sq ft that is priced affordably enough to lease to non-profit organizations and/or affordable arts spaces -- e.g. theater space, artists studios, nonprofits providing services, etc.

If the property in question has existing housing that is to be demolished, see the attached EMLK NPCT - DISPLACEMENT OF EXISTING TENANTS agreement.

The following shall be required if the EMLK NPCT is to provide support for a Plan Amendment Application that would displace existing rental tenants whose households earn no more than 100% of the current Annual Median Family Income for the City of austin Metropolitan Statistical Area as determined by the Director of Neighborhood Housing and Community Development Department.

TENANT RELOCATION AND ASSISTANCE

The owner shall be in full compliance with the City of Austin Tenant Relocation and Assistance Ordinance per LDC Chapter 25-1, Article 15, Division 3.

HOMEBUYER EDUCATION

After providing relocation notice to tenants, the owner will provide a series of homebuyer education classes, either on-site or at a nearby venue, that are available to tenants free of charge. Local nonprofits such as Frameworks and PeopleFund offer such classes and have worked with developers in the East MLK Planning Area in the past.

RELOCATION PARTNERSHIP WITH AFFORDABLE HOUSING PROVIDERS

The owner will partner with local affordable housing providers in order to establish opportunities for interested tenants to transition into affordable housing. Possible housing providers include, but are not limited to, Foundation Communities, Habitat for Humanity, Saigebrook Development, the Housing Authority of the City of Austin, and others.

LEASE AMENDMENT

The property owner shall create a lease amendment for existing tenants consisting of the following:

• Notification requirement: Tenants will be notified of their need to relocate at least 180 days (6 months) in advance of redevelopment, by certified mail.

• Security Deposit Reimbursement: Tenants will receive the entire refundable security deposit and pet deposit at least 30 days prior to the vacate date.

• Right to Terminate Lease: Tenants have the right to terminate their lease at any time without penalty after receiving relocation notice.

• Moving Expenses: Tenants will receive $500 per unit to cover moving expenses, to be paid at least 30 days prior to the vacate date.

• Rent Waiver: Owner will waive the last three (3) months of rent prior to the vacate date.

• Preferred Priority Transfer: If tenant is in good standing at the time of relocation notice, tenant will be eligible for priority transfer at any other property managed by the owner, subject to availability and the terms of leases at such properties. If a new lease is negotiated, utility connection or disconnection fees will be waived or reimbursed.