02. Briefing on 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 Central Urban Redevelopment Combining District (CURE) after 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 a Downtown 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 Downtown Density Bonus in-lieu fees Overview of 25-2-586 and role of Design Commission Downtown Density Bonus Program - Key Definitions BONUS AREA means the greater of: (a) The gross floor area that exceeds the maximum allowable floor-to-area ratio allowed with the site's primary entitlements; or (b) The gross floor area contained within the portion of a structure that exceeds the maximum height allowed under the site's primary entitlements. COMMUNITY BENEFIT is a public amenity that exceeds the Gatekeeper Requirements of the Downtown Density Bonus Program that is provided by an applicant in order to obtain bonus area. DEVELOPMENT BONUS FEE means the dollar amount an applicant pays to the City per square foot of bonus area. MIXED-USE PROJECT means a project that has 25 percent or more of its floor area in a use different from a predominant use. PRIMARY ENTITLEMENT means the height and floor-to-area ratio entitlement that a site derives from its current zoning. That entitlement may be derived from the base zoning or from a previous modification to the base zoning. 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)(a)(i)-(ii) (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. (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. Role of DC Emphasis by City 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 recommendation 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 is required to formulate their recommendation on the UDG. 8. Future updates to the UDG, and therefore guidelines, cannot supersede Code. 9. When a recommendation is not reached by the Commission, staff cannot consider the recommendation. 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 City Staff Application of community benefits to DDBP projects Downtown Density Bonus Program 25-2-586 Project assumptions: • Zoned CBD • Mixed-use building • Located withing the 25:1 FAR DDBP District • Unlimited height* * Specific overlays/standards can limit height: • Capital View Corridors • Capital Dominance • Compatibility Standards • Rainey District Mixed-use Building NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height Parking podium Most point-towers may include: Mix of • Office • Hotel • Residential • Retail NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Ground level activity Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height Additional Bonus Area (BA) • Granted by City Council • Beyond 25:1 FAR Primary entitlement • 8:1 FAR* • Unlimited height *Parking garage does not count towards FAR NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Administrative Bonus Area (BA) DDBP administrative entitlements 25-2-586: • Up to 25:1 FAR • Unlimited height Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height Base Zoning Entitlements: • Mix of uses • No height limit* • Up to 8:1 FAR * Specific overlays/standards can limit height: • Capital View Corridors • Capital Dominance • Compatibility Standards • Rainey District Mixed-use Building NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height Primary entitlement: • Mix of uses • No height limit* • Up to 8:1 FAR NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Administrative Bonus Area (BA) DDBP administrative entitlements 25-2-586: • Up to 25:1 FAR • Unlimited height • Meet Gatekeeper requirements listed in 25-2-586 (C) • Apply Community Benefits listed in 25-2-586 (E)(1)-(12) • All community benefits incorporated grant bonus area beyond the primary entitlement. • “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. Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height 50% of bonus area community benefits are required to go toward affordable housing per 25-2-586 (E)(1)(b)(i): • On-site units • Fee-in-lieu Primary entitlement: • Mix of uses • No height limit* • Up to 8:1 FAR NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Administrative Bonus Area DDBP administrative entitlements 25-2-586 Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height 50% of bonus area community benefits are required to go toward affordable housing per 25-2-586 (E)(1)(b)(i): • On-site units • Fee-in-lieu Primary entitlement: • Mix of uses • No height limit* • Up to 8:1 FAR NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Community Benefits 25-2-586 (E)(1)-(12): 1. Affordable Housing 2. Rainey Street Subdistrict Historic Preservation 3. Day Care Services 4. Cultural Uses 5. Live Music 6. On-Site Improvements for Historic Preservation 7. Development Bonus Fee for Off- Site Historic Preservation 8. Green Building 9. Publicly Accessible On-Site Plaza 10. Off-Site Open Space Development Bonus Fee 11. Green Roof 12. Other Community Benefits Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height 50% of bonus area community benefits are required to go toward affordable housing per 25-2-586 (E)(1)(b)(i): • On-site units • Fee-in-lieu Primary entitlement: • Mix of uses • No height limit* • Up to 8:1 FAR 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 No limitation on what Council can approve via 25-2-586 (B)(6) Project assumptions: • Zoned CBD • Mixed-use • Located withing the 25:1 FAR DDBP District • Unlimited height Additional Bonus Area by Council action Additional Bonus Area Under 25-2-586 (B)(6): • Applicant participates in administrative program first [25-2-586 (C)-(H)] • Applicant provides Staff rationale for additional FAR • Staff issues a recommendation • Planning Commission review and recommendation – public hearing • Council determines that FAR should be granted – public hearing • An Ordinance is executed granting additional FAR NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Rainey/Downtown Density Bonus Program 25-2-739 and 25-2-586 Project assumptions: • Zoned CBD • Mixed-use building • 25% a different use • Located in the Rainey District • Located withing the 15:1 FAR DDBP District • 40’ height limit* *For mixed-use or residential buildings only per 25-2-739 (C)(3) NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Project assumptions: • Zoned CBD • Mixed-use building/Residential • Located in Rainey District • Located withing the 15:1 FAR DDBP District • 40’ height limit by right Additional Bonus Area • Granted by City Council Primary entitlement • Mixed-use bldg. • 40’ limit NOTE: IMAGE NOT TO SCALE – FOR ILLUSTRATION PURPOSES ONLY Downtown Density Bonus Program • Up to 15:1 FAR • Unlimited height Rainey DBP 25-2-739 (4) • Up to 8:1 FAR • Unlimited height • 5% on-site AH units required • AH units in proportion to FAR in residential units • Units at 80% MFI • Proportional bedroom mix Process Applicant files site development permit (SP) SP is distributed to Urban Design team Great Streets review Design Commission review for compliance with Urban Design Guidelines Process Great Streets certification letter issued Design Commission (DC) recommendation complete Staff review of DC recommendation Applicant meets all Program requirements Staff issues administrative memo granting entitlements under the Program Staff relies on the Commission’s evaluation and recommendation to consider a DDBP request and provide a recommendation. Questions?