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SOUTH CENTRAL WATERFRONT COMBINING DISTRICT & DENSITY BONUS PROGRAM DRAFT – March 27, 2024 PLANNING DEPARTMENT CITY OF AUSTIN Draft for Adoption Process (3.27.24) City of Austin Page 1 of 49  This page intentionally left blank. Draft for Adoption Process (3.27.24) City of Austin Page 2 of 49 Contents BACKGROUND. .............................................................................................................................................. 6 USING THIS DOCUMENT. .............................................................................................................................. 8 Applicability............................................................................................................................................... 8 Organization .............................................................................................................................................. 8 ARTICLE 1: GENERAL PROVISIONS. ............................................................................................................. 10 1.1. Intent. ............................................................................................................................................... 10 1.2. Applicability. ..................................................................................................................................... 10 1.2.1. Conflicting Provisions. ............................................................................................................... 11 1.3. Application and Review Requirements. ........................................................................................... 11 1.3.1. Development Services Department Director’s Administration. ............................................... 11 1.4. Text, Graphics, and Maps. ................................................................................................................ 11 1.5. Density Bonus Program Evaluation. ................................................................................................. 11 ARTICLE 2: LAND USE STANDARDS. ............................................................................................................ 12 2.1. Intent. ............................................................................................................................................... 12 2.2. Applicability. ..................................................................................................................................... 12 2.3. Land Uses. ........................................................................................................................................ 12 2.3.1. Permitted (P), Permitted with Conditions (PC), and Conditional Uses (C). .............................. 12 2.3.2. Pedestrian-Oriented Building Frontage Uses. ........................................................................... 16 ARTICLE 3: DEVELOPMENT STANDARDS. .................................................................................................... 17 3.1. Intent. ............................................................................................................................................... 17 3.2. South Central Waterfront Overlays. ................................................................................................. 17 3.2.1. Waterfront Overlay (WO) Combining District. ........................................................................... 17 3.2.2. South Shore Subdistrict. ............................................................................................................ 18 3.2.3. Travis Heights Subdistrict. ......................................................................................................... 18 3.2.4. Auditorium Shores Subdistrict. .................................................................................................. 18 3.3. Allowed Density. .............................................................................................................................. 18 3.3.1. Units per Acre. .......................................................................................................................... 18 3.3.2. Floor-to-Area Ratios by Subdistrict. .......................................................................................... 18 3.3.3. Lot Size. ..................................................................................................................................... 20 3.3.4. Impervious Cover and Building Coverage. ................................................................................ 20 3.4. Building Setbacks ............................................................................................................................. 20 3.5. Floor-to-Area Ratio Calculation. ...................................................................................................... 21 Draft for Adoption Process (3.27.24) City of Austin Page 3 of 49 3.5.1. Density Distribution Areas. ....................................................................................................... 21 3.5.2. Floor-to-Area Ratio Calculation for Structured Parking. ........................................................... 22 3.5.3. Floor-to-Area Ratio and Dedication of Land. ............................................................................ 22 3.6. Parking. ............................................................................................................................................ 22 3.6.1. Vehicle Parking .......................................................................................................................... 22 3.6.2. Bicycle Parking. ......................................................................................................................... 23 3.7. Required Open Space. ...................................................................................................................... 23 3.8. Compatibility Standards. .................................................................................................................. 24 ARTICLE 4: DESIGN STANDARDS ................................................................................................................. 25 4.1. Intent. ............................................................................................................................................... 25 4.2. Streetscape & Built Environment Requirements. ............................................................................ 25 4.3. Right of Way Standards. ................................................................................................................... 25 4.4. Internal Circulation Routes. ............................................................................................................. 25 4.4.1. Internal Circulation Route Option 1: ......................................................................................... 25 4.4.2. Internal Circulation Route Option 2: ......................................................................................... 25 4.4.3. Internal Circulation Route Option 3: ......................................................................................... 26 4.4.4. Internal Circulation Route Option 4: ......................................................................................... 27 4.5. Supplemental Zones......................................................................................................................... 27 4.5.1. Supplemental Zone Standards. ................................................................................................. 27 ARTICLE 5: DEFINITIONS .............................................................................................................................. 29 SOUTH CENTRAL WATERFRONT DENSITY BONUS PROGRAM .................................................................... 30 1. Intent. .................................................................................................................................................. 30 2. Applicability. ........................................................................................................................................ 30 3. Program Overview. ............................................................................................................................. 30 4. South Central Waterfront Subdistricts and Floor-to-Area Ratios ....................................................... 30 4.1. Floor-to-Area Ratio and Height Maximum Exceptions ................................................................ 30 4.2. Achievable Bonus Area. ............................................................................................................... 31 5. Program Requirements ....................................................................................................................... 31 5.1. General Requirements ................................................................................................................. 31 5.2. Planning Director’s Determination .............................................................................................. 32 5.3. Housing Director’s Determination ............................................................................................... 32 6. Community Benefits............................................................................................................................ 32 6.1. Affordable Housing. ..................................................................................................................... 32 Draft for Adoption Process (3.27.24) City of Austin Page 4 of 49 6.2. Environmental Protection. ........................................................................................................... 34 6.3. Improved Streetscape and Built Environment. ............................................................................ 38 6.4. In-Lieu Fees and Dedications. ...................................................................................................... 38 6.5. On-Site Community Benefits. ....................................................................................................... 41 DBSCW FEE SCHEDULE. ............................................................................................................................... 48 South Central Waterfront Development Fee Table. ............................................................................... 48 On-Site Equivalency Fee for Ownership Units. ....................................................................................... 48 DBSCW BONUS SCHEDULE. ......................................................................................................................... 49 Figures Figure 1.1: South Central Waterfront Boundary Map ................................................................................ 10 Figure 3.1: Waterfront Overlay Setbacks .................................................................................................... 17 Figure 3.2: SCW Subdistrict and Floor-to-Area Ratio Map ......................................................................... 20 Figure 4.1: Internal Circulation Route Option 1 Cross Section ................................................................... 25 Figure 4.2: Internal Circulation Route Option 2 Cross Section ................................................................... 26 Figure 4.3: Internal Circulation Route Option 3 Cross Section ................................................................... 26 Figure 4.4: Internal Circulation Route Option 4 Cross Section ................................................................... 27 Figure 6.1: Critical Water Quality Zones ...................................................................................................... 34 Draft for Adoption Process (3.27.24) City of Austin Page 5 of 49 BACKGROUND. The South Central Waterfront Vision Framework Plan (Vision Plan) was adopted as an amendment to the Imagine Austin Comprehensive Plan on June 16, 2016. As defined in the Vision Plan, the South Central Waterfront (SCW) district encompasses roughly 118 acres and 56 individual parcels. The intent of the Vision Plan is to leverage forecasted development through a districtwide approach that creates a dynamic people-centered district in Central Austin by: • Establishing a lively, attractive pedestrian environment; • Expanding open space and creating great public places; • Enhancing connections to and along the waterfront; and • Providing 20% new affordable housing units. A districtwide approach is essential to realize the Vision Plan’s intent: The [South Central Waterfront] initiative can become a model for how a districtwide green infrastructure system, paired with quality urban design, can provide an interconnected framework of public spaces – streets, streetscapes, lakeside trails, and parks – that provides the framework for redevelopment and districtwide value capture to fund other community benefits, such as affordable housing. A transformed South Central Waterfront district will not only become a great new neighborhood in the central city and a destination in itself, but will serve as an iconic gateway from South Austin to the downtown and the State Capitol, and an inspiration for the region. (South Central Waterfront Vision Framework Plan, p. 17) The urban development envisioned in the Vision Plan requires modifications to the existing zoning and development regulations. To support the development envisioned in the Vision Plan, the City Council passed Resolution Number 20220915-090 on September 15, 2022 to initiate the development of the South Central Waterfront Regulating Plan. In the resolution, Council asked staff to create regulations that considers today’s market realities, anticipates future demand, and realizes the intent of the Vision Plan to: • Create a density bonus program “akin” to the Downtown Density Bonus Program; • Allow building height, floor-to-area-ratio, and entitlements that support the economics required to achieve infrastructure and community benefits; • Permit additional entitlements exclusively through density bonus; • Conduct regulation updates, at a minimum, of every five years; • Ensure development entitlements are sufficient to sustain and address increasing market demands and the rising inflation of labor and materials; • Maximize number of affordable units; • Maximize infrastructure investments; Draft for Adoption Process (3.27.24) City of Austin Page 6 of 49 • Maximize other on-site community benefits; • Ensure enhanced environmental standards and protection; • Support Project Connect; and can live, work, and play.” • Create a connected, pedestrian-oriented, mixed-use district where “thousands more Austinites This document has been written in support of the intent of 2016 Vision Plan and 2022 Council Resolution. The following adjustments have been made to support both effectively: • The proposed alignment of the Project Connect Phase 1 Light Rail has been updated to reflect the latest financial and engineering findings. Subsequently, four properties adjacent to the SCW district, that were not previously included in the District boundary, have been added to the district to further support Project Connect. The SCW district is generally bounded by Lady Bird Lake to the north, Blunn Creek to the east, South 1st Street to the west, and the parcels surrounding the anticipated Project Connect alignment to the south. • A property owner within the SCW Combining District (SCWCD) may use the regulations herein as an alternative to their base zoning. Modification to the standard regulations to achieve increased density may be accomplished by a property owner electing to participate in the SCW Density Bonus Program (DBSCW) by implementing certain design criteria and providing community benefits. This combining district implements the direction provided in Resolution Number 20220915-090 and the intent of the Vision Plan by establishing a clear and user-friendly regulations and incentives to improve development quality. • To align with current and future economic conditions in the SCW district and the City as a whole, the on-site affordable housing percentage is lowered, and the requirement is adjusted to target deeper levels of affordability. The reduction in on-site residential units is attributed to increasing interest rates and inflation, leading to higher costs in high-rise construction. This adjustment in affordable housing requirements aims to also achieve additional community benefits such as parks and infrastructure. The City intends to reassess the set-aside requirement to gauge the favorability of market conditions. Alongside the on-site mandate, the City will also collect a fee- in-lieu for affordable housing for all developments exceeding a 3:1 FAR. This Document was adopted on XXXX XX, 2024 and became effective on XXXX XX, 2024. Draft for Adoption Process (3.27.24) City of Austin Page 7 of 49 USING THIS DOCUMENT. Applicability. The regulations of the South Central Waterfront (SCW) Combining District (SCWCD) modify elements of the applicable base zoning district, including permitted and conditional uses and other site development regulations. The SCWCD shall only apply to a property located in the boundaries indicated in Figure 1.1: South Central Waterfront District Boundary Map and be rezoned to include the SCWCD to the base zoning district. A property owner shall have the option to participate in the SCWCD regulations as an alternative to base zoning should the property be rezoned to include SCWCD to the base zoning district. A property owner shall have the option to participate in the SCW Density Bonus Program (DBSCW) should they adhere to SCWCD regulations and rezone to include the SCWCD to the base zoning district. Projects may achieve increased density, including additional square footage by implementing certain design criteria and providing community benefits as described in the DBSCW. Along with the DBSCW, a Bonus Calculator has been produced to assist applicants in determining the required number of affordable units, the amount of the in-lieu fees required, and the total value of on- site community benefits to achieve the desired building density. Organization The SCWCD is comprised of 5 Articles and a Density Bonus Program. Article 1 — General Provisions. • Participation, application, and review requirements; • Conflicting provisions and exemptions; and • Program evaluation. Article 2 — Land Use Standards. • Permitted, permitted with conditions, and conditional land uses requiring a conditional use permit. Article 3 — Development Standards. • Waterfront Overlay applicability; • Building height, floor-to-area ratio, and impervious coverage; • Building setbacks; • Floor-to-area ratio calculation; • Density Distribution Areas; • Parking regulations; Draft for Adoption Process (3.27.24) City of Austin Page 8 of 49 • On-site open space requirement. Article 4 — Design Standards. • Streetscape and built environment; • Internal circulation routes; • Supplemental zones; and Article 5 — Definitions. • Terms not defined in the Land Development Code (LDC). South Central Waterfront Density Bonus Program. • Program procedures and requirements; • Affordable housing; • Environmental protection; • Fees-in-lieu; and • On-Site community benefits. Draft for Adoption Process (3.27.24) City of Austin Page 9 of 49 ARTICLE 1: GENERAL PROVISIONS. 1.1. Intent. The South Central Waterfront (SCW) Combining District (SCWCD) is established to implement the intent of the 2016 South Central Waterfront Vision Framework Plan (Vision Plan). The SCW shall be incorporated as part of Land Development Code (LDC) of the City Code Title 25 (Title 25) including the SCW Density Bonus Program (DBSCW), allowing for additional density beyond the South Central Waterfront SCWCD standard regulation in exchange for implementing certain design criteria and providing community benefits as described in the DBSCW. 1.2. Applicability. Figure 1.1: South Central Waterfront Boundary Map A property located within the boundary—as indicated in Figure 1.1: South Central Waterfront Boundary Map (Boundary Map) and rezoned to include SCWCD to the base zoning district — may elect to develop under the provisions of the SCWCD as an alternative to the property’s base zoning district. Draft for Adoption Process (3.27.24) City of Austin Page 10 of 49 1.2.1. Conflicting Provisions. A. The provisions of the SCWCD are applicable to a property located within the boundary illustrated in Figure 1.1: South Central Waterfront Boundary Map which includes SCWCD zoning. B. If the provisions of the SCWCD conflict with provisions found in Chapter 25-2 (Zoning), the SCWCD shall control unless otherwise expressly provided. 1.3. Application and Review Requirements. 1.3.1. Development Services Department Director’s Administration. A. The director of the Development Services Department (Director) will administer and review projects for compliance with the SCWCD unless a director of another department is specified. B. Applicants must comply with the processes outline in LDC Section 4-18-TBD in order to receive bonus area associated with the DBSCW. 1.4. Text, Graphics, and Maps. The SCWCD was created with images to enhance understanding and comprehension by providing visual aids for some of the standards; however, in the event of a conflict or inconsistency between the text of the SCWCD and any heading, caption, figure, illustration, table, or map, the text shall control. A. In the event of conflict, the Boundary Map (Figure 1.1) and the South Central Waterfront Subdistrict and Floor-to-Area Ratio Map (Figure 3.1) shall supersede provisions in Title 25-2 Zoning. 1.5. Density Bonus Program Evaluation. The City Manager shall evaluate and, if necessary, recommend adjusting the development bonus fees, the list of on-site community benefits and their values, the on-site affordable housing bonus area, and the allocation of funds generated by the fee as needed. The City Manager shall submit those recommendations to the City Council for approval. Additionally, the SCWCD and DBSCW shall be evaluated for applicable updates at a minimum of every five years. Initial South Central Waterfront Combining District and Bonus Program evaluation shall occur one year after initial adoption to support Project Connect and Urban Design. Updates may occur within the five year period to reevaluate affordable housing options under updated market conditions. Draft for Adoption Process (3.27.24) City of Austin Page 11 of 49 ARTICLE 2: LAND USE STANDARDS. 2.1. Intent. Promote land uses within the South Central Waterfront Combining District (SCWCD) that prioritize walkability, diversity in use, and enhance multi-modal connectivity to housing, employment, recreation, and public transportation facilities. 2.2. Applicability. For the purpose of applying the standards in this article, refer to the area identified in Figure 1.1: South Central Waterfront Boundary Map. 2.3. Land Uses. Any use not listed in this is a prohibited use. 2.3.1. Permitted (P), Permitted with Conditions (PC), and Conditional Uses (C). A. Residential Uses: 1. Condominium Residential (P); 2. Group Residential (C); 3. Multifamily Residential (P); 4. Retirement Housing (Large Site) (C); and 5. Townhouse Residential (P). B. Civic Uses: 1. Administrative Services (C); 2. Adult Care Services (Limited) (P); 3. Adult Care Services (General) (P); 4. Club or Lodge (C); 5. College and University Facilities (P); 6. Communication Service Facilities (P); 7. Community Events (P); 8. Community Recreation (Private) (P); 9. Community Recreation (Public) (P); 10. Congregate Living (P); 11. Convention Center (P); Draft for Adoption Process (3.27.24) City of Austin Page 12 of 49 12. Counseling Services (P); 13. Cultural Services (P); 14. Child Care Services (Commercial) (P); 15. Child Care Services (General) (P); 16. Child Care Services (Limited) (P); 17. Employee Recreation (C); 18. Family Home (P); 19. Group Home, Class I (General) (P); 20. Group Home, Class I (Limited) (P); 21. Group Home, Class II (P); 22. Guidance Services (P); 23. Hospital Services (General) (C); 24. Hospital Services (Limited) (C); 25. Local Utility Services (P); 26. Park and Recreation Services (General) (P); 27. Park and Recreation Services (Special) (C); 28. Postal Facilities (C); 29. Private Primary Educational Facilities (P); 30. Private Secondary Educational Facilities (P); 31. Public Primary Educational Facilities (P); 32. Public Secondary Educational Facilities (P); 33. Qualified Community Garden (P); 34. Religious Assembly (P); 35. Residential Treatment (P); 36. Safety Services (C); 37. Transitional Housing (P); 38. Transportation Terminal (C); C. Commercial Uses: 1. Administrative and Business Offices (P); Draft for Adoption Process (3.27.24) City of Austin Page 13 of 49 a. Automobile sales are limited to an automobile dealer with only an indoor showroom with a maximum area of 3,500 square feet, not including square footage used for business functions such as offices, breakrooms, copy rooms, restrooms, or storage. a. Automobile washing is allowed only within a structured parking facility and may a. Cocktail Lounges beyond 3,500 square feet shall require a Conditional Use 2. Art Gallery (P); 3. Art Workshop (P); 4. Automotive Sales (PC); 5. Automotive Washing (PC); not be visible from roadways. 6. Business or Trade School (C); 7. Business Support Services (C); 8. Cocktail Lounge (PC); Permit. 9. Commercial Off-Street Parking (C); 10. Communication Services (C); 11. Construction Sales and Services (C); 12. Consumer Convenience Services (P); 13. Consumer Repair Services (P); 14. Financial Services (P); 15. Food Preparation (P); 16. Food Sales (P); 17. General Retail Sales (Convenience) (P); 18. General Retail Sales (General) (P); 19. Hotel-Motel (P); 20. Indoor Entertainment (P); 21. Indoor Sports and Recreations (P); 22. Kennels (C); 23. Laundry Services (C); Draft for Adoption Process (3.27.24) City of Austin Page 14 of 49 24. Liquor Sales (C); 25. Medical Offices – exceeding 5,000 sq. ft. gross floor area (P); 26. Medical Offices – not exceeding 5,000 sq. ft. gross floor area (P); 27. Monument Retail Sales (C); 28. Off-Site Accessory Parking (C); 29. Outdoor Entertainment (C); 30. Outdoor Sports and Recreations (C); 31. Pedicab Storage and Dispatch (C); 32. Personal Improvement Services (P); 33. Personal Services (P); 34. Pet Services (P); 35. Plant Nursery (P); 36. Printing and Publishing (P); 37. Professional Office (P); 38. Research Services (P); 39. Restaurant (General) (P); 40. Restaurant (Limited) (P); 41. Service Station (C); 42. Software Development (P); 43. Theater (P); 44. Veterinary Services (P); D. Industrial Uses: 1. Custom Manufacturing (PC); square feet. 2. Telecommunication Tower (PC); E. Agricultural Uses: 1. Community Garden (P); 2. Urban Farm (P); a. Custom Manufacturing establishments are limited to a maximum size of 2,500 Draft for Adoption Process (3.27.24) City of Austin Page 15 of 49 F. Other uses as permitted by base zoning district and approved by the Planning Commission through the Conditional Site Plan Review Process. G. For the uses listed in 2.3.1. Permitted, Permitted with Conditions, and Conditional Uses additional regulations may apply per Section 25-2-491(C) (Table of Permitted, Conditional, and Prohibited Uses). 2.3.2. Pedestrian-Oriented Building Frontage Uses. A. A minimum of 60 percent of first and second floor (lower-level) building frontage on a street shall be uses classified as pedestrian-oriented in Section 25-2-691 (Waterfront Overlay (Wo) District Uses) (C) with the addition of the following uses listed in Subsection 2.3. (Land Uses): 1. Financial Services; 2. Hotel-Motel; 3. Liquor Sales; 4. Monument Retail Sales; 5. Personal Improvement Services; 6. Personal Services; 7. Pet Services; 8. Postal Facilities; 9. Theater; B. A minimum of 85 percent of the required 60 percent of the lower-level building frontages are required to be immediately accessible by pedestrians, and 15 percent of the required lower-level frontages may be satisfied by mezzanine levels. Draft for Adoption Process (3.27.24) City of Austin Page 16 of 49 ARTICLE 3: DEVELOPMENT STANDARDS. 3.1. Intent. Establish development regulations that shape the built environment of the South Central Waterfront (SCW) Combining District (SCWCD) into an inviting mixed-use pedestrian-friendly district where thousands of Austinites and visitors can live, work, and play. 3.2. South Central Waterfront Overlays. Figure 3.1: Waterfront Overlay Setbacks 3.2.1. Waterfront Overlay (WO) Combining District. A. Section 25-2-721 (Waterfront Overlay (WO) Combining District Regulations) shall apply, excepting: 1. Section 25-2-721 (A)(1); 2. Section 25-2-721 (A)(3); 3. Section 25-2-721 (B); Draft for Adoption Process (3.27.24) City of Austin Page 17 of 49 A. Section 25-2-742 (South Shore Central Subdistrict Regulations) shall apply, excepting: 4. Section 25-2-721 (C); and 5. Section 25-2-721 (D). 3.2.2. South Shore Subdistrict. 1. Section 25-2-742 (B)(3); 2. Section 25-2-742 (E); 3. Section 25-2-742 (F); and 4. Section 25-2-742 (G). 3.2.3. Travis Heights Subdistrict. 1. Section 25-2 743 (C); 2. Section 25-2-743 (D); and 3. Section 25-2-743 (E). 3.2.4. Auditorium Shores Subdistrict. A. Section 25-2-743 (Travis Heights Subdistrict Regulations) shall apply, excepting: A. Section 25-2-731 (Auditorium Shores Subdistrict Regulations) shall apply. 3.3. Allowed Density. 3.3.1. Units per Acre. There is no maximum units per acre requirement. 3.3.2. Floor-to-Area Ratios by Subdistrict. A. The SCWCD has five subdistricts, as illustrated on Figure 3.2: SCW District Floor-to-Area Ratio and Subdistrict Map. B. The floor-to-area ratios illustrated in Figure 3.2: SCW District Floor-to-Area Ratio and Subdistrict Map and as outlined in this subsection can only be achieved through participation with the SCW Density Bonus Program (DBSCW). C. The maximum floor-to-area (FAR) ratio achievable without providing fees-in-lieu, dedications, or on-site community benefits outlined in SCW Density Bonus Program Section 6 (Community Benefits), is 2:1. D. Maximum FAR and Height achievable in the SCWCD through the DBSCW: 1. Subdistrict 1: Draft for Adoption Process (3.27.24) City of Austin Page 18 of 49 The lowest density subdistrict, Subdistrict 1 serves as a transitional buffer between existing low density residential to the east and the subsequent low-medium density of Subdistrict 2. The boundaries of Subdistrict 1 shall apply to the portions of property no less than 250 feet from the public-right-of way along South Congress Avenue. a. The maximum floor-to-area ratio is 3:1. b. The maximum building height is 120 feet. 2. Subdistrict 2: Fronting along the eastern side of South Congress, Subdistrict 2 is characterized by low-medium density. Partial inclusion into Subdistrict 2 occurs for properties that are within 250 feet of the public right-of-way along South Congress Avenue. a. The maximum floor-to-area ratio is 6:1. b. The maximum building height is 240 feet. 3. Subdistrict 3: Containing the easternmost properties of the South Central Waterfront, Subdistrict 3 is characterized by medium density. This subdistrict is generally located north of Riverside Drive while extensively abutting the shoreline of Ladybird Lake and shall serve as a transitional buffer from higher densities found in Subdistrict 4 and 5. a. The maximum floor-to-area ratio is 8:1. b. The maximum building height is 300 feet. 4. Subdistrict 4: Subdistrict 4 shall be characterized by medium-high density that will accommodate a level of density appropriate for its proximity to future transit infrastructure and services. a. The maximum floor-to-area ratio is 16:1. b. The maximum building height is 600 feet. 5. Subdistrict 5: Serving as the urban core of the South Central Waterfront, Subdistrict 5 shall be characterized by a high level of density that facilitates a walkable and transit- oriented built form. Subdistrict 5 is generally located north of Riverside Drive and contains the longest unbroken shoreline of all other subdistricts along Ladybird Lake. a. The maximum floor-to-area ratio is 24:1. b. There is no maximum building height. Draft for Adoption Process (3.27.24) City of Austin Page 19 of 49 Figure 3.2: SCW Subdistrict and Floor-to-Area Ratio Map 3.3.3. Lot Size. A. There is no minimum lot size. B. Lots are subject to the Density Distribution Area sizes outlined in Subsection 3.5.1 Density Distribution Areas. 3.3.4. Impervious Cover and Building Coverage. A. The maximum impervious cover is 85 percent. B. The maximum building coverage is 85 percent. 3.4. Building Setbacks There is no minimum building setback. Draft for Adoption Process (3.27.24) City of Austin Page 20 of 49 3.5. Floor-to-Area Ratio Calculation. 3.5.1. Density Distribution Areas. As part of the site plan application, the applicant shall submit a supplemental Density Distribution Plan for the purposes of calculating floor-to-area ratio and distributing Bonus Area to one or more Density Distribution Areas. The intent of Density Distribution Areas is to calculate FAR for larger sites in order to distribute building massing and density throughout a site and establish pedestrian-scaled internal circulation and pathways. This aims to promote greater pedestrian connectivity, building in a scale envisioned in the SCW Vision Framework Plan (Vision Plan). A. Density Distribution Area Characteristics. 1. Density Distribution Areas divide the overall site for the purpose of floor-to-area ratio calculation. 2. Density Distribution Areas shall not exceed 90,000 square feet of site area. 3. Buildings within a Density Distribution Area are limited to maximum the floor-to- area ratio of the subdistrict in which it is located (Figure 3.2: SCW Floor-to-Area Ratio and Subdistrict Map). 4. A minimum 15-foot-wide internal circulation route shall follow the boundaries of Density Distribution Areas. See Subsection 4.2.3. (Internal Circulation Routes). a. Vehicular circulation may be provided in addition to a required internal walkway. b. If compliance is infeasible due to site layout or topography, the Director may waive the requirement or approve an alternate circulation route alignment that deviates from the required boundary as necessary to accommodate site features. 5. For the purposes of allocating FAR as described in Subsection 3.5.1. (A)(4) the required community benefits are described in DBSCW Section 6 (Community Benefits). B. As an attachment to a site plan, a Density Distribution Plan shall include:   1. Defined boundaries for: a. Total site; and b. Density Distribution Areas. 2. Location of:  a. Buildings;  b. Sidewalks as described in Subsection 4.2.1 (Streetscape); Draft for Adoption Process (3.27.24) City of Austin Page 21 of 49 c. Internal circulation routes as described in Subsection 4.2.3 (Internal Circulation Routes); d. Streets;  e. Rights-of way; f. Location of any on-site community benefits as described in DBSCW Section 6 (Community Benefits); g. Bonus Program design features; and h. The allocation of community benefits to other Density Distribution Areas if the community benefits will be located in other Density Distribution Areas on the same site. 3. A data table indicating:  a. The types of community benefits provided; b. The specific bonus area generated by each community benefit; c. The distribution of bonus area throughout individual density distribution areas. 3.5.2. Floor-to-Area Ratio Calculation for Structured Parking. A. Above-ground structured parking shall be counted towards the overall floor-to-area ratio calculation above the base parking entitlement FAR which is equivalent to the sum of: 1. 0.45 times the proportion of the conditioned space that is hotel space; 2. 0.90 times the proportion of the conditioned space that is residential space; 3. 1.80 times the proportion of the conditioned space that is office space; and 4. 3.60 times the proportion of the conditioned space that is retail space. B. Underground structured parking shall not be counted towards the total floor-to-ratio calculation. 3.5.3. Floor-to-Area Ratio and Dedication of Land. If site area is required to be dedicated or is dedicated for a reduction in fees-in-lieu, FAR calculations for the non-dedicated portion of the site shall be made based on the total site area prior to the dedication. 3.6. Parking. 3.6.1. Vehicle Parking A. All off-street motor vehicle parking, including parking for persons with disabilities and bicycle parking, shall be in accordance with the requirements of Chapter 25-6 (Transportation). Draft for Adoption Process (3.27.24) City of Austin Page 22 of 49 B. Off-street parking may not exceed 80 percent of the parking previously required by the Chapter 25-6 (Transportation), Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements). C. Above-ground Structured Parking. 1. A free-standing, above-ground structured parking facility that is not incorporated into the footprint of a building is prohibited. 2. Upper-level parking structures may be exposed to a street front provided that the structure’s façade maintains the same materials and treatments as the primary building. 3. All above-ground structured parking shall have flat parking decks. D. On-street parallel parking shall be subject to the approval of the director of the Transportation and Public Works Department. E. Surface parking lots are prohibited. 3.6.2. Bicycle Parking. A. Minimum Requirement. 1. All bicycle parking requirements shall be in accordance with Section 25-6-476 (Bicycle Parking for Mixed Use Developments) and Section 25-6-477 (Bicycle Parking). 2. For retail uses, a minimum of 75% of all required bicycle parking shall be located within 50 feet of a primary building entrance. 3. All bicycle parking shall meet the standards outlined in the Transportation Criteria Manual (TCM). 3.7. Required Open Space. All development subject to this Combining District shall provide a minimum of 5 percent of the gross site area to private common open space use. A. The private common open space must be indicated on a site plan. 1. Approval of design and location of on-site private common area open space shall be required from the Director. B. Public Access Easements shall be required for all private common open spaces. 1. Approval of Public Access Easement locations shall be required from the Director. C. Covering of open space. 1. Trees shall be the dominant mechanism used for on-site shading features. Draft for Adoption Process (3.27.24) City of Austin Page 23 of 49 2. Shade trees, at maximum maturity, shall not conflict with any artificial shade structures affixed to building facades, such as, but not limited to; a. Overhangs; b. Building cantilevers; c. Porticos; d. Balconies; or e. Any other building projections. 3.8. Compatibility Standards. Properties developed under the standard regulations in the SCWCD are not subject to Chapter 25-2 (Zoning), Subchapter C (Use and Development Regulations), Article 10 (Compatibility Standards). Draft for Adoption Process (3.27.24) City of Austin Page 24 of 49 ARTICLE 4: DESIGN STANDARDS 4.1. Intent. Establish quality design standards within the South Central Waterfront (SCW) Combining District (SCWCD) that promote human-scale, visually interesting, and walkable streetscapes that emphasize a balance between natural and built elements. 4.2. Streetscape & Built Environment Requirements. All components of site development, building design, and streetscapes shall meet the minimum requirements as outlined in Subchapter E: Design Standards and Mixed Use. 4.3. Right of Way Standards. All pedestrian, bicycle, and vehicular right of way shall adhere, at a minimum, to the standards outlined in the Transportation Criteria Manual (TCM) and Austin Strategic Mobility Plan (ASMP). 4.4. Internal Circulation Routes. All internal circulation routes as described in Section 3.5.1 (Density Distribution Areas) must have a minimum 15-foot width with either: 4.4.1. Internal Circulation Route Option 1: A. A minimum 10-foot clear zone; and B. A minimum of 5 feet of planting zone(s). 1. Trees are not required for compliance with Internal Circulation Route Option 1. Figure 4.1: Internal Circulation Route Option 1 Cross Section 4.4.2. Internal Circulation Route Option 2: A. A minimum of two 5-foot clear zones; and B. A minimum 5-foot planting zone between clear zones. Draft for Adoption Process (3.27.24) City of Austin Page 25 of 49 Figure 4.2: Internal Circulation Route Option 2 Cross Section 4.4.3. Internal Circulation Route Option 3: If a bicycle or scooter lane is desired, the internal circulation route shall include: A. A minimum of two 5-foot clear zones or one 10-foot clear zone; and B. A minimum of 5 feet of planting zone(s). 1. Trees are not required for compliance with Internal Circulation Route Option 3. C. One 10-foot two-way bicycle lane. 1. Bicycle lane(s) shall not abut a building façade at entrances or exits. Figure 4.3: Internal Circulation Route Option 3 Cross Section Draft for Adoption Process (3.27.24) City of Austin Page 26 of 49 4.4.4. Internal Circulation Route Option 4: If an internal circulation route includes a vehicle circulation route not identified in the ASMP, it shall include: A. The minimums identified in 4.4.1 (Internal Circulation Route Option 1); or B. A minimum of two 5-foot clear zones; and 1. A minimum of 10 feet of planting zone(s), or a combination of both between the vehicle circulation route and the pedestrian zones. C. Meet the minimum standards in the Transportation Criteria Manual Section 3.8.0 – Shared Streets. Figure 4.4: Internal Circulation Route Option 4 Cross Section 4.5. Supplemental Zones. A supplemental zone as defined in Article 5 (Definitions) may be a design option for the space between the street-facing façade line and the required sidewalk clear zone. This zone is available so that a development may provide active public uses such as a plaza, outdoor café, or patio. 4.5.1. Supplemental Zone Standards. A. If a supplemental zone is provided, up to 30 percent of the linear frontage of the supplemental zone may be a maximum of 30 feet deep, and the remainder of the supplemental zone shall be a maximum of 12 feet deep. B. If a supplemental zone is provided, then no more or less than 60 to 80 percent of the building’s frontage may be dedicated to supplemental zone. C. The following elements may be located within the supplemental zone: Draft for Adoption Process (3.27.24) City of Austin Page 27 of 49 1. Accessory outdoor dining, provided that the dining area is separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of 42 inches; 2. Balconies, pedestrian walkways, porches, handicap ramps, and stoops; provided that no such feature shall extend beyond the supplemental zone without obtaining a license or encroachment agreement that adheres to Land Development Code (LDC) Chapter 14-11-205 (Use of Right-of-Way); 3. Terraces, if they have a maximum finished floor height of 24 inches above the sidewalk elevation and are surrounded by a guardrail that meets City specifications; 4. Landscape, water, and public art features; 5. Plazas; or 6. Incidental display and sales. D. Any features in the supplemental zone must not obstruct the open pedestrian connection between the building’s primary entrance and the clear zone. Draft for Adoption Process (3.27.24) City of Austin Page 28 of 49 ARTICLE 5: DEFINITIONS Except as provided in this article within the South Central Waterfront (SCW) Combining District (SCWCD), all other terms have the meaning provided in City Code Title 25. In the event of a conflict with City Code Title 25, this document shall control. Lower Level – Consists of both the ground floor and second floor. Residential Project – A project for which the predominant use is within one or more of the classifications described in Land Development Code (LDC) Section 25-2-3 (Residential Uses Described). Draft for Adoption Process (3.27.24) City of Austin Page 29 of 49 SOUTH CENTRAL WATERFRONT DENSITY BONUS PROGRAM 1. Intent. The South Central Waterfront (SCW) Density Bonus Program (DBSCW, or Bonus Program) has been designed to foster the development of a new vibrant destination-worthy district in the heart of Austin. The creation of the DBSCW promotes new affordable housing and on-site community benefits in exchange for additional height and density in the district. The DBSCW shall be incorporated as part of Title 25 allowing for additional density beyond SCW Combining District (SCWCD) standard regulation in exchange for implementing certain design criteria and providing community benefits as described in this DBSCW. 2. Applicability. A property owner is allowed to participate in the DBSCW when complying with SCWCD regulations and have rezoned the property to include the South Central Waterfront Combining District to the base zoning district. Projects may achieve increased density, including additional square footage, by implementing certain design criteria and providing community benefits as described in this DBSCW. 3. Program Overview. The DBSCW offers development bonuses to all development within in the SCWCD for increased density by way of developer-provided onsite community benefits. The requirements for opting into this program, the procedures for utilizing this program, and the eligible community benefits are outlined in this section, and the process requirements in LDC Section 4-18-TBD (Density Bonus Requirements). 4. South Central Waterfront Subdistricts and Floor-to-Area Ratios 4.1. Floor-to-Area Ratio and Height Maximum Exceptions A. The default maximum floor-to-area ratios and heights are described in SCW Combining District Subsection 3.3.2 (Floor-to-Area Ratios by Subdistrict). B. Notwithstanding the limitation provided in this section, the City Council may grant an applicant additional floor-to-area ratio (FAR) and height that exceeds the maximum FAR and height beyond that described in SCW Combining District Subsection 3.3.2 (Floor-to- Area Ratios by Subdistrict). If the applicant has already achieved the maximum FAR or height permitted by participating in DBSCW, the applicant may request additional FAR and height through the following process: 1. The applicant submits a written request and rationale for the additional FAR or height to the Planning Director. 2. Based on the written request, the Planning Director makes a written recommendation to the Land Use Commission for its review and recommendation. 3. The Land Use Commission reviews the request and the Planning Director’s recommendation and submits a written recommendation to the City Council. Draft for Adoption Process (3.27.24) City of Austin Page 30 of 49 4. The City Council determines if additional floor-to-area ratio or height beyond those allowable in Figure 3.1: South Central Waterfront Subdistrict and Floor-to-Area Ratio Map should be granted based on the following considerations: a. A recommendation by the Land Use Commission based on the following criteria: i. The applicant is providing additional community benefits, described in Section 6 (Community Benefits), beyond those necessary to achieve the floor-to-area ratio in Figure 3.1: South Central Waterfront Subdistrict and Floor-to-Area Ratio Map; ii. The additional FAR is consistent with the bonus rates for community benefits in excess of the existing maximum FAR. iii. Awarding the additional FAR or height substantially furthers the goals and objectives of the South Central Waterfront Vision Framework Plan (Vision Plan) and the Imagine Austin Comprehensive Plan. 4.2. Achievable Bonus Area. A. An FAR greater than 2:1 may be achieved through the DBSCW subject to the limitations outlined in SCWCD Subsection 3.3.2 (Floor-to-Area Ratio by Subdistrict). 1. An FAR of 3:1 may be achieved by fulfilling the requirements outlined in Subsections 6.1, 6.2, and 6.3 of the DBSCW. a. An FAR greater than 3:1 may be achieved by meeting the requirements outlined in Subsections 6.4 and 6.5 of the DBSCW. 5. Program Requirements 5.1. General Requirements A. To be eligible for the DBSCW, an applicant must: 1. Follow the requirements of the SCWCD and this Bonus Program. 2. Provide community benefits in accordance with: a. DBSCW Subsections: i. 6.1 (Affordable Housing); ii. 6.2 (Environmental Protection); and iii. 6.3 (Improved Streetscape and Built Environment). 3. Submit to the Development Services Director a schematic level site plan, building elevations, supplementary drawings, simulations, and other documentation necessary to fully describe the urban design character of the project and its relationship to the adjacent built and natural environment. 4. Be compliant with all provisions of Articles 1, 2, 3, and 4 within the SCWCD. Draft for Adoption Process (3.27.24) City of Austin Page 31 of 49 B. The applicant shall execute a restrictive covenant requiring compliance with all provisions of this section to ensure the continuation of operations and maintenance of selected community benefits in Section 6 (Community Benefits) for a period of at least 10 years unless otherwise specified. 1. Periods of noncompliance shall be added to the term of the agreement until the agreed upon community benefit (as described in Subsection 6.5 (On-Site Community Benefits)) has been fully operational for a sum of years equal to the term of the agreement. 5.2. Planning Director’s Determination A. After the Planning Director determines that the applicant meets the requirements in Subsection 5.1 (Program Requirements), the applicant shall provide sufficient written information so that the Planning Director can determine the total development bonus area obtainable through a combination of on-site affordable housing, development bonus fees, and community benefits as described in Section 6 (Community Benefits). B. The Planning Director will provide the following information to the applicant: 1. The dollar amount of fees-in-lieu to be paid as outlined in Section 6 (Community Benefits); 2. The number of required on-site affordable housing units for a rental residential development or for-sale residential development, if applicable; 3. Approval or denial of the amount of bonus area that the applicant is requesting; and 4. The amount of bonus area that the Planning Director determined based on the materials submitted under Subsection 5.2 (Planning Director’s Determination) (A). 5.3. Housing Director’s Determination A. Compliance Application. 1. An applicant shall comply with Land Development Code (LDC) Chapter 4-18 (General Permitting Standards) before applying for a building permit or site plan that utilizes the DBSCW. 6. Community Benefits 6.1. Affordable Housing. A. Affordable Housing Requirements. 1. A residential project must meet either the requirements of Subsection 6.1 (Affordable Housing) (B) for for-lease units developed or Subsection 6.1 (Affordable Housing) (C) for condominium units developed. Draft for Adoption Process (3.27.24) City of Austin Page 32 of 49 2. Non-residential elements of projects must meet the requirements as set forth in Subsection 6.3. In-Lieu Fees and Dedications (C) (Fees Applicable Under 3:1 Floor-to- Area Ratio). 3. At minimum, on-site affordable units must be provided within the development equivalent to the total number of residential units, multiplied by the proportion of 3:1 FAR to the total project FAR, multiplied by 5 percent. B. On-Site Production of For-Lease Affordable Units. 1. Units in a for-lease building shall be made available to households earning an average of 60 percent or less of the current Austin-Round Rock Metropolitan Statistical Area (MSA) Median Family Income (MFI) as determined by the Director of the Housing Department. 2. An affordable rental unit must be leased to an income eligible household and at an affordable price in accordance with the corresponding rent prices published annually by the Director of the Housing Department. 3. An affordable rental unit shall be reserved as affordable for a minimum of 40 years following the issuance of the certificate of occupancy. C. On-Site Production of Affordable Ownership Units. 1. An income-restricted affordable owner-occupied unit shall be reserved as affordable for a minimum of 99 years following the issuance of a certificate of occupancy for the owner-occupied dwelling unit. 2. An affordable owner-occupied unit shall be made available to a household earning 80 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Median Family Income (MFI) as determined by the Director of the Housing Department. 3. The Applicant must provide a plan for managing homeowner association fees or include an assumption that a homeowner will be required to pay an ownership association fee when determining the maximum affordable sales price. D. On-Site Equivalency Fee for Ownership Units. 1. To provide an Affordable Housing Community Benefit, owner-occupied housing developments may opt to pay a development bonus fee to the Housing Trust Fund equivalent to the on-site requirement at the rate established by the City of Austin Annual Budget Fee Schedule at the time of formal site plan submittal. 2. Owner-occupied housing developments may provide a combination of on-site units and fee-in-lieu equivalent at the rate established by the City of Austin as long as the combination satisfies the requirement of 5 percent of the residential units for the 3:1 floor-to-area ratio. Draft for Adoption Process (3.27.24) City of Austin Page 33 of 49 6.2. Environmental Protection. A. Heritage Trees. (Heritage Trees). B. Protected Trees. C. Critical Water Quality Zones. 1. All development shall conform LDC Section 25-8 Subchapter B Article 1 Division 3 1. All development shall conform to LDC 30-5 Subchapter A Article 2 (Protected Trees). Figure 6.1: Critical Water Quality Zones 1. Ladybird Lake Critical Water Quality Zone. a. Projects on sites within the SCWCD that contain or are adjacent to the Ann and Roy Butler Hike-and-Bike Trail may maintain the existing location of the trail while demonstrating that the square footage area of new or existing trail located in the inner half of the Critical Water Quality Zone shall be provided Draft for Adoption Process (3.27.24) City of Austin Page 34 of 49 elsewhere on site, adjacent, if possible, to existing Critical Water Quality Zone with a 2:1 ratio of new Critical Water Quality Zone kept at, or restored to, a score of “Good” per the Environmental Criteria Manual (ECM) Appendix X (Functional Assessment of Floodplain Health), Zone 4 - Lake Shoreline, with an agreed-upon maintenance plan approved by the Watershed Protection Department and the Parks and Recreation Department. i. Where the trail extends closer than 50 feet from the shoreline, vegetation between the shoreline and the trail will be kept at, or restored to, a score of “Excellent” per the ECM Appendix X (Functional Assessment of Floodplain Health), Zone 4 - Lake Shoreline. ii. Where the trail is further than 50 feet from the shoreline, vegetation between the shoreline and the trail will be kept at, or restored to, a score of “Good” per the ECM Appendix X (Functional Assessment of Floodplain Health), Zone 4-Lake Shoreline, with an agreed-upon maintenance plan approved by the Watershed Protection Department and the Parks and Recreation Department. iii. If the trail is paved, it shall be constructed in a manner ensuring runoff is routed to the upland side of the trail to minimize erosion of the shoreline. b. To encourage creative and original design and to accommodate projects where the particular site conditions or the proposed structure or use prevent strict compliance with the requirements contained in Subsection 6.2. (C) (1) (Ladybird Lake Critical Water Quality Zone), alternative compliance may be proposed and may allow a design that does not strictly adhere to the standards above if the design meets the intent of the Vision Plan and the SCWCD. i. Alternative compliance must meet or exceed the ecological outcomes of water quality, riparian habitat restoration or preservation, erosion control and prevention, vegetation diversity, and the recreation goals of shade and dynamic and meandering views of the lake, and multi-use. ii. Requests for alternative compliance may be considered for approval by the directors of the Parks and Recreation and the Watershed Protection Departments. c. If the trail is reestablished, it may be reestablished as a dual track with a minimum width established by the Urban Trails Master Plan adopted as an element of the Image Austin Comprehensive Plan (Ordinance No. 20140925- 143) or a subsequently adopted trails master plan. Unless located on dedicated parkland, the owner of the property shall dedicate a new or revised multi-use trail easement to the City of Austin to reflect the realignment of the trail. 2. East Bouldin Creek Critical Water Quality Zone. Draft for Adoption Process (3.27.24) City of Austin Page 35 of 49 a. Any proposed public trails along East Bouldin Creek shall be located at least 50 feet from the creek centerline and outside of the Erosion Hazard Zone unless protective works are provided as required by the Drainage Criteria Manual (DCM). a. For variance requests, refer to: LDC Section 25-8-41 (Land Use Commission Variances) and LDC Section 25-8-42 (Administrative Variances). 3. Variance Requests. C. Landscaping. may include: 1. All landscape areas shall be irrigated with a non-potable water reuse system, which a. Collection and distribution of rainwater; b. Graywater; c. Condensate water; d. Reclaimed water; or, e. Any other approved alternate water source per the adopted Uniform Plumbing Code (UPC) with the exception of water drawn from the Lady Bird Lake. 2. Potable water shall only be used as a backup supply if the on-site non-potable water reuse system sources are depleted or unavailable. 3. Reclaimed water may not be used for irrigation within a Critical Water Quality Zone, 100-year floodplain, critical environmental feature setback, or water quality control. 4. Projects must provide and follow an Integrated Pest Management Plan for all landscape areas. 5. Turf may be allowed within the Critical Water Quality Zone in compliance with the requirements for open space. a. Turf shall be located no closer than 25 feet from the centerline of a creek; or, b. 50 feet from the shoreline of Lady Bird Lake, unless approved by the director of the Watershed Protection Department. 6. Rain gardens shall be planted with native plant species in accordance with the ECM Subsections 1.6.7 (Green Storm Water Quality Infrastructure) and 1.6.7.4 (H) (Rain Garden). D. Resource Efficiency. 1. Reclaimed Water. a. Development project applicants shall make provisions to connect to the City’s reclaimed water distribution system in the following manner: Draft for Adoption Process (3.27.24) City of Austin Page 36 of 49 i. The applicant shall design and build 16”, 24”, or other diameter public reclaimed water mains (as determined by Austin Water) along a project’s property boundary and up to 250 feet from the project’s property right-of- way (public or private) frontage as identified in the reclaimed water service plan for the District, as may be revised over time to reflect updated reclaimed water demands for the area. ii. The reclaimed water mains must either be extended from an adjacent reclaimed water main at the time of construction or capped at each end for future connection to a reclaimed water main by others. iii. The applicant shall install separate dedicated non-potable water distribution plumbing within the property to supply reclaimed water to irrigation systems, cooling tower make up systems, and all toilets/urinals within buildings. iv. The applicant shall install reclaimed water meters to connect to the separate non-potable water distribution plumbing within the property. v. The City’s potable water may only be used to supply the non-potable water distribution plumbing, irrigation systems, cooling tower make up systems, and all toilets/urinals if reclaimed water is unavailable to a project or where use of the reclaimed water is prohibited. vi. The applicant shall connect the reclaimed water meters to the reclaimed water main installed by the applicant. Unless a serviceable reclaimed water main is available to the project to connect to, the applicant will connect the reclaimed water main to the potable water main in a manner approved by Austin Water so that potable water may be used to serve the reclaimed water meters until reclaimed water service becomes available to the property. Austin Water will be responsible for connecting reclaimed water service to the reclaimed water main(s) when reclaimed water service becomes available to the property and/or district. Austin Water will also be responsible for disconnecting the reclaimed water main(s) from the potable water mains. 2. Green Building Standards. a. The applicant shall execute a restrictive covenant committing to achieve a minimum two-star rating under the Austin Energy Green Building program or LEED Certified using the ratings in effect at the time the project is registered with the Austin Energy Green Building program or LEED. b. The applicant shall provide the Director with a copy of the project’s signed Austin Energy Green Building Letter of Intent before the Director may approve bonus area for a site. Draft for Adoption Process (3.27.24) City of Austin Page 37 of 49 c. Projects shall adopt bird friendly design criteria by complying with ST7 Light Pollution Reduction and STEL5 Bird Collision Deterrence standards as a part of achieving a 2-star Austin Energy Green Building rating. 6.3. Improved Streetscape and Built Environment. A. Improved Streetscape. Projects shall provide a streetscape that meets the following elements of the Great Streets Program Requirements: 1. Sidewalk Width 2. Street Furnishings 3. Shade Trees B. Improved Built Environment. To receive bonus area, projects shall adhere to: 1. Subsection 25-2-586 (C)(1)(A); and 2. Subsection 25-2-586 (D). C. Public Access to Open Space. 1. Public Access Easements shall be required for all private common open spaces. a. Approval of Public Access Easement locations shall be required from the Director. 6.4. In-Lieu Fees and Dedications. A. South Central Waterfront residential and non-residential fee rates are established in the City of Austin Annual Budget Fee Schedule. B. Non-Residential Fee. The non-residential fee shall apply to the proportion of the project that is non- residential development, including the amount of above-grade parking indicated in SCW Combining District Subsection 3.5.2 (FAR Calculation for Structured Parking). C. Fees for Development over 3:1 FAR 1. 70 percent of the total bonus area, excluding the 3:1 floor-to-area ratio for residential uses, must be achieved through the payment of fees-in-lieu. 2. A project may achieve bonus area by paying the non-residential fee equivalent to the proportion of the project that is non-residential development and the residential fee equivalent to the proportion of the project that is residential for each square foot of bonus area. Draft for Adoption Process (3.27.24) City of Austin Page 38 of 49 D. The total fee amount associated with this Bonus Program will be divided into Fees-in- Lieu for different amenities or infrastructure at the following rates: 1. 33% of the fee will be allocated to the Housing Trust Fund Fee-in-Lieu. a. Additional on-site units may be credited to the amount of the Housing Trust Fund Fee-in-Lieu at the rate outlined in the City of Austin Annual Budget Fee Schedule. b. The Director of the Housing Department shall allocate money from the Housing Trust Fund collected for the financing or production of affordable units, limited to those developments located in South-Central Austin, defined by Ladybird Lake to the North, E. Ben White to the South, I-35 to the East, and Mopac to the West, and that meets the following criteria: i. Owner-occupied units are reserved as affordable for a period of not less than 99 years for a family whose gross income does not exceed 80% of the current MFI; or ii. Renter-occupied units are reserved as affordable for a period of not less than 40 years for a family whose gross income does not exceed 60% of the current MFI. iii. Within a ½ mile of a Capital Metro rail stop or ¼ mile of a Capital Metro bus stop. 2. 33% of the fee will be allocated to the Parks Fee-in-Lieu. a. The Parks Fee-in-Lieu associated with this Density Bonus Program shall be added to the standard fee-in-lieu for parkland dedication as described in LDC Section 25-1-605 (Fee In-Lieu of Parkland Dedication). i. Dedication of parkland by deed or parkland easement may be credited to the amount of Parks Fee required for the desired bonus area. (a) The Director of the Parks and Recreation department may require up to 25 percent of the site area be dedicated for credit towards the Parks Fee capped at the total value of the Parks Fee. (i) This requirement may be fully or partially waived at the discretion of the Director of the Parks and Recreation Department based on the criteria outlined in 5.6 (E)(2)(b) (Dedication Criteria). (b) Dedication of parkland is subject to approval by the Director of the Parks and Recreation Department. (c) Refer to LDC 25-1-604 (Standards for Dedicated Parkland), regarding the determination of how the applicant will satisfy parkland dedication, by land, fee, or a combination. This determination is made by the PARD Director. Draft for Adoption Process (3.27.24) City of Austin Page 39 of 49 b. Dedication Criteria. i. The minimum dedication to achieve a reduction of the Parks Fee-in-Lieu area shall be 10% of the site area; ii. Public parkland shall be identified on initial site plan; iii. A provision declaring the land to be parkland "within the meaning of Article II, Section 7, Paragraph (A) of the Austin City Charter", shall be required within any Park Recreation Easement to guarantee the public access and use of the land for recreational purposes in perpetuity; iv. Parkland shall be visible from a right-of-way or provide a connection to a trail system; v. Signage shall be provided and visible from a right-of-way and approved by the director of the Parks and Recreation Department, which: (a) States that the area, including any recreational amenities, is open and available for public use; (b) Is posted at the park entrance or in a location visible to the public; and (c) States the park hours and contact for park manager if it is not the Parks and Recreation Department. vi. Acreage of ponds and drainage facilities shall be excluded from area eligible for reduction in the Parks Fee-in-Lieu. b. Location Criteria. i. To the maximum extent feasible, where significant natural and scenic resource assets exist, the applicant shall give priority to their preservation as parkland. ii. In reviewing the proposed location of parkland, the Parks and Recreation Director shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas, which are not listed in a particular order: (a) Wetlands, native prairies, or meadows; (b) Flood hazard areas; (c) Lakes, rivers, stream, or riparian corridors; and (d) Tree preservation areas. iii. Where parkland, trails, parks, or other public spaces exist or in the City of Austin Trails Master Plan, Austin Parks and Recreation Long-Range Plan, City of Austin Sidewalks, Crossings, and Shared Street Plan, or Austin Bicycle Plan Draft for Adoption Process (3.27.24) City of Austin Page 40 of 49 within or adjacent to the tract to be subdivided or developed, the publicly accessible private common open space or pedestrian amenity shall, to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing or proposed trail, park, or other open area land. (a) Public access easements may be required to guarantee public access to these facilities. c. Design Criteria. i. Land set aside for parkland or pedestrian amenities pursuant to this section shall meet the following design criteria, as relevant: (a) Parkland shall be located to be readily accessible and usable by residents or visitors in various locations of the development unless the lands are sensitive natural resources and access should be restricted. (b) Parkland areas shall be compact and contiguous unless a different configuration is required due to its use as a continuation of an existing trail or adjacency of specific or unique topographic features, such as a riparian corridor. d. Maintenance. property. i. All parkland areas shall be permanently maintained by the owners of the ii. An Agreement of the Applicant (on behalf of their heirs and assigns) to maintain the parkland through a Parkland Improvement and Maintenance Agreement shall be required at the time of site plan. 3. 33% of the fee will be allocated to the Infrastructure Fee-in-Lieu. a. The Public Infrastructure Fee-in-Lieu shall be used to provide SCWCD area- benefitting public infrastructure including, yet not limited to, new arterial roadways, upgrades to water, wastewater, reclaimed water, stormwater and watershed improvements. b. Revenue from the fund may be used to fund City Council approved incentive agreements to secure greater on-site affordable housing units or other community benefits contemplated through Ordinance 20180830-058. Upon Council approval of the Location Enhancement Program that executes this Ordinance, this language may be refined through future Council action in a manner consistent with the goals of the Vision Plan Framework. 6.5. On-Site Community Benefits. A. A project may achieve bonus area by providing the on-site community benefits described in this section. Bonus area shall only be granted for on-site community benefits that exceed the baseline requirements outlined in the SCWCD and DBSCW. Draft for Adoption Process (3.27.24) City of Austin Page 41 of 49 1. 30 percent of the total bonus area above 3:1 floor-to-area ratio must be achieved through Community Benefits outlined in this Subsection. a. Up to an additional 5 percent of the bonus may be achieved through Community Benefits outlined in this Section to be removed from the 70-percent fee-in-lieu obligation in Subsection 6.4 (In-Lieu Fees and Dedications) should the bonus from the proposed community benefits exceed 30 percent of the bonus being sought. 2. Bonus area is granted at the rates established by the SCW Bonus Schedule Ordinance TBD. 3. The requirements for community benefits available for bonus area are described in this Subsection. These community benefits include: a. Private Common Open Space; b. Child Care and Adult Care Services; c. Cultural Uses; d. Affordable Creative Space; e. Live Music Venues; f. Grocery Uses; g. Public Parkland Buildout; h. Transit Supportive Infrastructure Buildout; i. Public Art; and j. Alternative Community Benefits Not Described. B. Private Common Open Space. 1. Requirements: a. The minimum 5 percent requirement for private common open space in SCWCD Subsection 3.7 (Required Open Space) shall not serve as credit towards this bonus calculation. b. Lands within the following areas shall not be counted towards private common open space: i. Supplemental zones; ii. Public or private streets or rights-of-way; iii. Internal circulation routes required in SCW Combining District Subsection 3.5.1 (Density Distribution Areas); iv. Off-street parking, loading areas, driveways, and service areas; Draft for Adoption Process (3.27.24) City of Austin Page 42 of 49 v. Water quality and stormwater detention ponds, unless designed as an accessible amenity and approved by the Director of Planning; and vi. A required sidewalk planting zone. C. Child Care and Adult Care Services. 1. Requirements: a. The City of Austin must approve of the operator and the lease terms, which shall be at least 10 years; b. The facility must comply with applicable state and local codes; c. The facility must be open for at least eight hours a day, at least 5 days each week and fifty weeks each calendar year; d. Following the agreement period defined in Subsection 5.1 (General Requirements) (B)(1), the applicant shall provide an existing tenant with the option to renew their lease prior to agreeing to lease to another tenant or before converting the space for a different use. 2. Requirements for Affordable Childcare Services. a. The applicant shall provide a portion of the structure of at least 5,000 square feet as shell to the City of Austin for a period of at least 20 years. b. Prior to site plan review, the Financial Services Department and Austin Public Health must conduct a feasibility study for the subject site to determine the viability of affordable childcare. c. The applicant is provided the option of identifying a childcare provider. If no provider is identified, the City shall select a provider. a. Provided on-site cultural uses must be eligible to participate in the City of Austin’s Thrive, Elevate, or Nexus Cultural Funding Programs. b. Use must meet the definition of cultural uses and the space must be leased to a D. Cultural Uses. 1. Requirements: 501(c) organization. E. Affordable Creative Space. 1. Requirements: occupancies: i. gallery; a. An Affordable Creative Space must consist of one or more of the following Draft for Adoption Process (3.27.24) City of Austin Page 43 of 49 F. Live Music Venue. 1. Requirements: G. Grocery Uses. 1. Requirements: H. Public Parkland Buildout. 1. Requirements: ii. performance venue; iii. theater; v. art workshop; or iv. art, dance, or studios for performing art, music, or visual art; vi. other related uses as approved by the Economic Development Director. b. Rent for the creative space or spaces that contribute to the bonus program must be the lesser of 50% of average retail space rent for the City of Austin, or a fixed ratio of annual revenues considered typical of and sustainable for the type of creative space as approved by the director; and c. Year-over-year rent escalation may not exceed 5% for any creative space tenant. a. The operator of the facility must maintain proper permitting and documentation to play amplified music in said space. b. The space must meet the City of Austin's sound-proofing specifications. a. Grocery stores must have pedestrian access on the ground floor of the building. b. Grocery stores must have a gross area of no less than 8,000 square feet. a. Construction of any parkland amenity shall require approval from the director of the Parks and Recreation Department. b. Parkland buildout shall include the applicant completing the necessary site plan review requirements for the proposed amenities. c. Buildout may include: i. Active recreational amenities including, but not limited to, playscapes, sport courts, table game recreation, climbing or exercise structures, or trails; ii. Group gathering spaces, such as open lawns, picnic areas, plazas, or pavilions; iii. Landscaping that enhances the park recreation features by providing shade, educational opportunities, fruit and nut trees, or wildlife habitat; Draft for Adoption Process (3.27.24) City of Austin Page 44 of 49 iv. A multi-use trail proposed in the City of Austin Trails Master Plan, Austin Parks and Recreation Long-Range Plan, City of Austin Sidewalks, Crossings, and Shared Street Plan, or Austin Bicycle Plan; or v. Other amenities as approved by the director of the Parks and Recreation Department. d. The surface of built parkland must be suitable for outdoor activities. i. The surface must consist of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free material. ii. Asphalt or similar surfacing may be used for designated recreation areas such as multi-purpose trails. iii. Decomposed granite may only be used for Bocce Ball, Pétanque, similar ball game court, or trails. iv. A combination of different materials is required. I. Transit Supportive Infrastructure Buildout. 1. Requirements: a. Buildout may include appurtenances, facilities, and amenities related to a Transit System Project, as defined in Ordinance No. 20221115-048 for Project Connect. b. The applicant must provide sufficient information about the proposed Transit System Project appurtenances, facilities, and/or amenities for the Project Connect Mobility Officer to determine whether these benefits serve a public and municipal purpose. c. Provision of any Transit System Project facilities, amenities, or appurtenances are subject to review by the Austin Transit Partnership; and shall require approval from the Mobility Officer for Project Connect. J. Public Art. 1. Requirements: a. Prior to site plan review, proposed public art is subject to review by the Art in Public Places Panel and approval by the Arts Commission. b. Provision of a Maintenance Plan inclusive of vandalism mitigation recommendations. Austin-based artists. c. Public Art opportunities budgeted under $100,000 shall commission local d. Public art project scopes invite artists to consider thematic contexts and artistic concepts that draw inspiration from Austin’s rich multi-layered and diverse Draft for Adoption Process (3.27.24) City of Austin Page 45 of 49 historical heritages, multicultural traditions of under-represented communities as well as artistic excellence dedicated to ideals of creativity, originality, and authenticity. e. Proposed artwork should embody universal concepts rather than commercial, partisan, or personal interests. f. Opportunities should be identified for artists who have varying levels of experience in creating 2-dimensional, 3-dimensional, multimedia, and digital art forms. g. The process of choosing artists, integrated artwork designs, development of artwork or purchase of artwork should have site-specific or site-responsive considerations, must be unique to Austin and must consider guidelines provided by the City of Austin’s Art in Public Places Program Administrator. h. To support and facilitate the successful integration of public artwork, contractors should consider working collaboratively with selected artists during the design and construction phases of the building program or project implementation. K. Alternative Community Benefits Not Described. 1. An applicant may offer to provide alternative community benefits not described in Subsection 6.5 (On-Site Community Benefits) (B)-(J). The applicant must provide sufficient information about the alternative community benefits for the Planning Director to determine whether the alternative community benefits serve a public and municipal purpose considering the following criteria: a. If members of the general public will be able to enjoy the proposed alternative community benefit without paying for its access, use, or enjoyment; b. If the proposed alternative community benefit will connect to and be accessible from public right-of-way or other publicly-accessible space; c. If the proposed alternative community benefit will provide a public amenity that is particularly lacking in the proposed location; d. If the proposed alternative community benefit will not impose a significant burden on public resources for maintenance, management, policing, or other reasons; e. If the alternative community benefit is consistent with the SCW Vision Framework Plan; and f. Any other information provided by the applicant that shows the alternative community benefit serves a public and municipal purpose and furthers the city's comprehensive planning goals. Draft for Adoption Process (3.27.24) City of Austin Page 46 of 49 2. If the Planning Director determines that the proposed alternative benefit qualifies as a community benefit, the Planning Director shall quantify the monetary cost for the proposed alternative community benefit by using standard industry sources as well as locally based data on development costs to quantify the monetary cost, without mark-up, for the proposed alternative community benefit. a. The amount determined by the Planning Director may be applied to achieve bonus area on the same basis as the non-residential fee applicable to the type and location of the project. b. If a proposed alternative community benefit provides a partial benefit to a project, it will not be disqualified; the Director will allocate only the cost of the public portion of the benefit to the other community benefits. 3. The Planning Director’s recommendation concerning the proposed alternative community benefit and the monetary value that is applied to achieve the bonus area shall be presented to the Land Use Commission for recommendation and the City Council for approval. 4. If the applicant proposes to achieve bonus area by providing alternative community benefits, the value of the public portion of the proposed alternative community benefits must be equal to or greater than the total dollar amount the applicant would pay if the payment were based on the applicable development bonus fee required to earn that requested bonus area. Draft for Adoption Process (3.27.24) City of Austin Page 47 of 49 On-Site Equivalency Fee for Ownership Units. Calculated by subtracting the Development Incentive Programs' Maximum Sale Price set annually by the Director of the Housing Department and the Median Condominium Sales Price by Bedroom Count for Downtown by the Austin Board of Realtors. DBSCW FEE SCHEDULE. South Central Waterfront Development Fee Table. Development Type Development Bonus Fee Residential $5/ Sq. Ft. Bonus Area Non-Residential $9/ Sq. Ft. Bonus Area Unit Type Development Bonus Fee Studio/One Bedroom $ Pending Data Two Bedroom $ Pending Data Three Bedroom $ Pending Data Four Bedroom $ Pending Data Draft for Adoption Process (3.27.24) City of Austin Page 48 of 49 DBSCW BONUS SCHEDULE. Community Benefit Bonus Rate Private Common Open Space 15 bonus SF per 1 SF Childcare and Adult Care Services 0 bonus SF per 1 SF Affordable Childcare 67 bonus SF per 1 SF Cultural Uses 0 bonus SF per 1 SF Affordable Creative Space 0 bonus SF per 1 SF Live Music Venues Grocery Uses 0 bonus SF per 1 SF 0 bonus SF per 1 SF Public Parkland Buildout 11 bonus SF per $100 Transit Supportive Infrastructure Buildout 11 bonus SF per $100 Public Art 11 bonus SF per $100 Draft for Adoption Process (3.27.24) City of Austin Page 49 of 49