Item2_CREATIVE_DISTRICT_COMBINING_DISTRICT_March2024_COJC — original pdf

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The purpose of the crea�ve district (CD) overlay district is to provide voluntary development bonuses in return for providing affordable commercial space in new development or contribu�ng to a fund for preserva�on of crea�ve space in the crea�ve district. CREATIVE DISTRICT COMBINING DISTRICT PURPOSE PROPOSED ZONING CHANGES CHANGES TO DEFINITIONS/TERMINOLOGY CREATIVE SPACE means a site that includes one or more of the following occupancies: Art Gallery; Art Workshop; Cocktail Lounge (note: intent is only for existing preservation purposes, if a cocktail lounge is operating as a performance venue); Performance Venue; Personal Improvement Services; Theater; • • • • • • • Other related uses as approved by the Director. EXISTING CREATIVE SPACE means a site that includes one or more CREATIVE SPACE occupancies that has been opera�ng for at least 12 months. NON-RESIDENTIAL SPACE means CREATIVE SPACE for the purpose of this sec�on. 1) A proposed development is eligible for this program if: ELIGIBILITY Its zoning includes the crea�ve district overlay zoning string; a. b. Along at least 30 percent of the building frontage along the principal street, the building must be reserved for affordable crea�ve space uses in ground-floor spaces; It includes at least 25 percent of ground floor gross leasable area dedicated to affordable crea�ve space through restric�ve covenants; and, It complies with protec�ons consistent with Exis�ng Non-Residen�al Space provisions of 4-18-31. c. d. 2) An applicant may pay a fee-in-lieu of on-site affordable crea�ve space if: DRAFTa. the fee-in-lieu of on-site affordable crea�ve space is sufficient to construct or preserve an equivalent gross leasable area that would have been required on-site; b. the crea�ve space receiving the fee-in-lieu is located in the same crea�ve district as the site genera�ng the fee-in-lieu; and, c. the director authorizes the applicant to pay a fee-in-lieu. AFFORDABILITY REQUIREMENTS 1) A development that leases space to a crea�ve space must comply with the following minimum requirements: a. Rent for the crea�ve space or spaces that contribute to the bonus program must be the lesser of 50% of average retail space rent for the City of Aus�n, or a fixed ra�o of annual revenues considered typical of and sustainable for the type of crea�ve space as approved by the Director; and b. Year-over-year rent escala�on may not exceed 5% for any crea�ve space tenant. 2) The minimum affordability period for a development is 10 years following the issuance of the last cer�ficate of occupancy required for the qualifying development. 3) If a development is owned by its crea�ve space operator, affordability provisions apply: a. For any of the crea�ve space owner-operator’s crea�ve space tenants; b. If the crea�ve space property is leased any �me during the 10 year term. 4) If the property is sold within 10 years of receiving cer�fica�on through this division, affordability provisions will be required to complete 5) In a mul�-phased qualifying development, the director may begin the minimum affordability period upon the issuance of the last the 10 year term. cer�ficate of occupancy for each phase. 6) If a fee-in-lieu is used toward preserving an exis�ng crea�ve space in the same crea�ve district, and if the preserved crea�ve space is not owned by its operator, then the minimum affordability period for the preserved space is 10 years. 7) If a fee-in-lieu is used toward preserving an exis�ng crea�ve space in the same crea�ve district, and if the preserved crea�ve space is owned by its operator, affordability provisions apply: a. For any of the crea�ve space owner-operator’s crea�ve space tenants; b. If the crea�ve space property is leased any �me during the 10 year term. 8) If a fee-in-lieu is used toward preserving an exis�ng crea�ve space in the same crea�ve district, the director may modify the minimum affordability period in excep�onal cases to prevent displacement of the crea�ve space. 1) If a development meets the eligibility and affordability requirements above: BONUSES DRAFTa. The maximum floor area ra�o otherwise permited for residen�al or commercial uses may be increased by up to 50 percent of the base zoning allowance, provided that for every four square feet of bonused floor area, an amount of space equivalent to one square foot of such bonused floor area shall be used for a crea�ve space use. b. The maximum building height otherwise permited for residen�al or commercial uses may be increased by up to 30 feet or two stories, provided that a minimum of 25 percent of the bonused floor area, shall be used for a crea�ve space use. The crea�ve space use should be located on the ground floor, unless alterna�ve placement is approved by the director. 2) Compa�bility Requirements: a. A building is not required to comply with Ar�cle 10 (Compa�bility 111 Standards), Subchapter C. b. In this subsec�on, a triggering property: i. includes at least one dwelling unit but less than four dwelling units; and ii. is zoned Urban Family Residence (SF-5) or more restric�ve. c. Compa�bility Buffer. A compa�bility buffer is required along a site’s property line that is shared with a triggering property. i. The minimum width of a compa�bility buffer is 25 feet. d. A compa�bility buffer must comply with Sec�on 25-8-700 (Minimum Requirements for a Compa�bility Buffer). e. Exterior ligh�ng must be hooded or shielded so that the light source is not visible from the site’s property line that is shared with f. Mechanical equipment may not produce sound in excess of 70 decibels measured at the site’s property line that is shared with a a triggering property. triggering property. g. A concrete slab used for a refuse receptacle may not be placed within 15 feet of triggering property. h. Except for a mul�-use trail, an on-site amenity that is available only to residents and occupants of the site and their guests may not be located within 25 feet of a triggering property. i. A concrete slab used for a refuse receptacle may not be placed within 15 feet of triggering property. j. Except for a mul�-use trail, an on-site amenity that is available only to residents and occupants of the site and their guests may k. Screening Requirements. The following objects may not be visible at the site’s property line that is shared with a triggering not be located within 25 feet of a triggering property. property and shall be screened: i. vehicle lights from vehicles that use or are parked on a parking lot or in a parking structure located on the site; ii. mechanical equipment; iii. outdoor storage; iv. refuse receptacles and collec�on areas; or v. common areas for ameni�es, including outdoor decks, pa�os, or pools. DRAFT3) If a development is also eligible to u�lize a separate density bonus program that grants density bonuses for the provision of affordable dwelling units or for the payment of a fee-in-lieu for affordable housing, then the qualifying development may comply with the least restric�ve site development requirements if: a. all affordable dwelling units are provided on-site; and, b. at least 50 percent of bonused floor area must be achieved by providing on-site affordable crea�ve space or by paying a development bonus fee-in-lieu toward preserving an exis�ng crea�ve space in the same crea�ve district. DRAFT