1B: Downtown Density Bonus Program — original pdf

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Austin’s Downtown Density Bonus Program A brief overview and Design Commission’s Role Austin Skyline c. 2000 Austin’s development patterns were changing via CURE Central Urban Redevelopment Combining District (CURE) before DDBP: Modifies site development standards Modifies height and floor-to- area (FAR) ratios Modifies offsite parking and maneuvering Modifies signage, landscaping, and screening Inclusionary vs. Incentive Zoning Inclusionary vs. Incentive Mandatory zoning regulations requiring that a certain number of affordable units are included in developments as a condition of development approval A voluntary zoning regulation (or program) in which, an incentive such as a relaxation in zoning restrictions are offered to a developer in exchange for providing public benefits 2008 City Council direction Supports continued healthy growth DDBP Was based on economic conditions and reflective of the Market Preserves our cultural and natural resources Downtown Affordable Sustainable Authentic Is predictable and transparent Results In clear and quantifiable community benefits City Council direction 2008 2009 2011 2013 Initiation of aDowntown Density Bonus Program Report and Analysis Findings and recommendations from HR&A Advisors Infusion of DDBP recommendations into Downtown Austin Plan DDBP Code amendments modifying CURE and creating 25- 2-586. Ordinance No. 20130627-105 * * 2013 Ordinance established initial development conus fees that were in use until May 2021 City Council direction 2014 2021 2021 Modifications to 25-2-586 to specify community benefits Direction to implement interim revisions to the in-lieu affordable housing fees for residential and non-residential development for the DDBP and Rainey Density Bonus Program (Resolution No. 20210422-039)* Ordinance No. 20210520-009* implements interim development bonus fees (Figure 3) * Move revised fees to the City Fee Schedule so they can be updated more effectively; Modify 25-2-586 (B)(6); and Update the fee-in-lieu analysis provided by EcoNorthwest to reflect current market conditions and existing zones of the Downtown Density Bonus Program area Interim development bonus fees Adopted under Ordinance No. 20210520-009 Overview of 25-2-586 and role of Design Commission Most properties eligible for density bonuses 25-2-586 (B)(3) • Not all properties can take advantage of density bonuses. • Certain districts limit height for non-CBD properties. • Other factors can limit height: • Capital View Corridors • Capital Dominance • Compatibility Standards Most properties eligible for density bonuses 25-2-586 (B)(3) • Not all properties can take advantage of density bonuses. • Certain districts limit height for non-CBD properties. • Other factors can limit height: • Capital View Corridors • Capital Dominance • Compatibility Standards Program Requirements 25-2-586 (C) (1) Gatekeeper Requirements. (a) To receive bonus area, the director must determine that the project substantially complies with the Urban Design Guidelines. (i) The applicant must submit to the director a schematic level site plan, building elevations, and other drawings, simulations or other documents necessary to fully describe the urban design character of the project and relationship of the project to its surroundings. (ii) The Design Commission shall evaluate and make recommendations regarding whether the project complies with the Urban Design Guidelines and the director shall consider comments and recommendations of the Design Commission. Program Requirements 25-2-586 (C)(1)(a)(i)-(ii) (1) Gatekeeper Requirements. Administrative process (a) To receive bonus area, the director must determine that the project substantially complies with the Urban Design Guidelines. (i) The applicant must submit to the director a schematic level site plan, building elevations, and other drawings, simulations or other documents necessary to fully describe the urban design character of the project and relationship of the project to its surroundings. Role of DC (ii) The Design Commission shall evaluate and make recommendations regarding whether the project complies with the Urban Design Guidelines and the director shall consider comments and recommendations of the Design Commission. * Emphasis by Staff Program Requirements 25-2-586 (C)(1)(a)(ii) (ii) The Design Commission shall evaluate and make recommendations regarding whether the project complies with the Urban Design Guidelines and the director shall consider comments and recommendations of the Design Commission. A few things to note and consider: 1. The Code does not grant the Commission the ability to approve/disapprove projects. 2. Compliance and substantial compliance are not defined in the Code. 3. The Code requires the Commission to evaluate and make recommendations. 4. A finding of compliance/non-compliance with the UDG is forwarded to Staff. 5. Staff is required to consider the Commission’s comments and recommendations. 6. When a finding of non-compliance is rendered, Staff relies on the following from the Commission: a) b) A recommendation on what the Commission feels would constitute compliance Identification of specific guidelines where the project is lacking Program Requirements 25-2-586 (C)(1)(a)(ii) (ii) The Design Commission shall evaluate and make recommendations regarding whether the project complies with the Urban Design Guidelines and the director shall consider comments and recommendations of the Design Commission. A few things to note and consider: 7. The Commission may discuss items/issues outside of the UDG, however, to assist Staff to evaluate the project for substantial compliance, the Commission’s is required to formulate their recommendation on the UDG. 8. Future updates to the UDG, and therefore guidelines, cannot supersede Code. 9. When a finding is not reached by the Commission, staff cannot consider the recommendation. Application of community benefits to DDBP projects Program Requirements 25-2-586 (C)(2)(a)-(d) (2) After the director determines the applicant meets the gatekeeper requirements, the applicant shall provide sufficient written information so that the director can determine: (a) the site's primary entitlement; (b) the amount of bonus area that the applicant is requesting; (c) the total dollar amount the applicant will pay if the applicant chooses to obtain the entire bonus area exclusively by paying a development bonus fee, and the amount of the fee to be dedicated to each community benefit; and, (d) the community benefits the applicant proposes to provide to obtain bonus area if the bonus area will not be obtained exclusively by paying a development bonus fee. * Emphasis by Staff Downtown Density Bonus Program Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District Parking podium NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Most point-towers may include: Mix of Office/hotel/residential Ground level uses Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District Base entitlements: • 8:1 FAR • Unlimited height NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY DDBP administrative entitlements 25-2-586: • Up to 25:1 FAR • Unlimited height Community benefits required to achieve bonus FAR per 25-2-586 (E)(1)-(12) DDBP administrative Entitlements for bonus area: • Up to 25:1 FAR • Unlimited height NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY 50% of bonus area community benefits are required to go toward affordable housing: • On-site units • Fee-in-lieu 25-2-586 (E)(1)(b)(i) DDBP administrative Entitlements for bonus area: • Up to 25:1 FAR • Unlimited height NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Remaining 50% of bonus area can be met with any of the community benefits under 25-2-586 (E)(1)-(12) including on-site AH units or AH FIL DDBP administrative Entitlements for bonus area: • Up to 25:1 FAR • Unlimited height NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY DDBP administrative Entitlements for bonus area: • Up to 25:1 FAR • Unlimited height All community benefits incorporated grant bonus area beyond the base entitlements. “Formulas” for granting bonus area can be found in Ordinance No. 20140227-054. Staff uses these formulas to determine how much bonus area can be granted by community benefit. NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Example Applicant provides total square footage of affordable housing community benefits including all on-site units or proposed FIL contributions up to 50%. *CB AH *Note: An applicant may choose to use the AH community benefit to achieve 100% of bonus area. NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Applicant provides total square footage of bonus area (BA). Total BA = AH + CB (Community Benefits) Staff relies on the Commission’s evaluation and recommendation to consider a DDBP request and come to a finding of substantial compliance with the Urban Design Guidelines. QUESTIONS?