18 Density Bonus Combining District Ordinance 02082024.pdf — original pdf

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 25-2 TO CREATE A COMBINING DISTRICT FOR DENSITY BONUS PROGRAMS; AMENDING CITY CODE CHAPTER 25-8 TO REGULATE COMPATIBILITY BUFFERS APPLICABLE TO DENSITY BONUS PROGRAMS; AND INITIATING REZONINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (F) of City Code Section 25-2-32 (Zoning Districts and Map Codes) is amended to add a new combining district that reads as follows: (F) Combining districts and map codes are as follows: (21) density bonus 90 …. DB90 PART 2. Division 6, Subchapter A, Article 2 of City Code Chapter 25-2 (Zoning) is amended to a new Section 25-2-181 to read: § 25-2-181 DENSITY BONUS COMBINING DISTRICT PURPOSE. (A) The purpose of a density bonus (DB) combining district is to authorize a particular property to participate in a voluntary density bonus or incentive program that provides modifications to development regulations or other regulatory-related benefits in exchange for community benefits. (B) DB90 Combining District allows residential uses on sites with certain commercial base zoning districts, modifies compatibility requirements, and grants additional height in exchange for income-restricted housing. PART 3. Division 6, Article 3, Subchapter C of City Code Chapter 25-2 (Zoning) is amended to add a new Section 25-2-652 to read: § 25-2-652 DENSITY BONUS 90 (DB90) COMBINING DISTRICT REGULATIONS. (A) This section establishes the applicable regulations for DB90 zoning. (B) This section governs over a conflicting provision of this title or other ordinance unless the conflicting provision is less restrictive. (C) To utilize the regulations described in Subsection (F), the site’s zoning must include DB90 and an applicant must comply with Subsection (E). (D) A DB90 combining district may be combined with the following base districts: 2/8/2024 4:14 PM Density Bonus Combining District Page 1 of 6 COA Law Department 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 (1) Commercial Liquor Sales (CS-1); (2) General Commercial Services (CS); (3) Community Commercial (GR); (4) Neighborhood Commercial (LR); (5) General Office (GO); and (6) Limited Office (LO). (E) Affordability Requirements. (1) Affordability Minimums - Ownership Units. If an applicant develops dwelling units for sale, an applicant must reserve a minimum of 12 percent of the residential units as affordable for ownership and occupancy by households earning 80 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Medium Family Income as determined by the Housing director. (2) Affordability Minimums - Rental Units. If an applicant develops dwelling units for lease, this subdivision applies. An applicant must reserve: (a) (b) a minimum of 12 percent of the residential units as affordable for lease and occupancy by households earning 60 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Medium Family Income as determined by the Housing director; or a minimum of ten percent of the residential units as affordable for lease and occupancy by households earning 50 percent or less of the current Austin-Round Rock Metropolitan Statistical Area Medium Family Income as determined by the Housing director. (F) Development Standards and Mixed Use. (1) In a DB90 combining district, the following uses are permitted: (a) uses that are permitted in the base zoning district unless the use is restricted by a conditional overlay that applies to the property; and (b) residential uses. (2) A development must comply with Article 2 (Site Development Standards), Article 3 (Building Design Standards), and Section 4.3 (Vertical Mixed Use Buildings) in Subchapter E (Design Standards and Mixed Use) of this chapter except when those provisions conflict with this section. 2/8/2024 4:14 PM Density Bonus Combining District Page 2 of 6 COA Law Department 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 (3) If a building includes a mix of uses, a non-residential use: (a) may not be located above a residential use; and (b) may not be located on or above the third floor/story of the building. (4) A building may exceed the maximum building height in the base zoning district by a maximum of 30 feet except that no building may exceed 90 feet in height. (5) A building is not required to comply with Article 10 (Compatibility Standards), Subchapter C of Chapter 25-2. (6) Section 1.4 (Minor Modifications) and Section 1.5 (Alternative Equivalent Compliance) in Subchapter E (Design Standards and Mixed Use) of this chapter apply to a site developed under this section. (7) Compatibility Buffer. A compatibility buffer is required along a site’s property line that is shared with a triggering property. (a) The minimum width of a compatibility buffer is 25 feet. (b) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for a Compatibility Buffer). (c) In this subdivision, a triggering property is a site: (i) with at least one dwelling unit but less than four dwelling units; and (ii) zoned Urban Family Residence (SF-5) or more restrictive. (G) To preserve reserved dwelling units, an applicant must comply with Division 1 (General Provisions), Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 and, when applicable, Section 4-18-32 (Existing Multi-Family Structures) before applying for a building permit or site plan that relies on the regulations described in Subsection (F). PART 4. Chapter 25-8 (Environment) of City Code Title 25 is amended to add a new Subchapter C to read: SUBCHAPTER C. COMPATIBILITY BUFFERS § 25-8-700 MINIMUM REQUIREMENTS FOR COMPATIBILITY BUFFERS. (A) This section applies to a site that is required to provide a compatibility buffer. 2/8/2024 4:14 PM Density Bonus Combining District Page 3 of 6 COA Law Department 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 (B) A compatibility buffer shall include a screening zone and restricted use zone. (C) Except as provided in this section, a compatibility buffer may not include vertical structures. (D) Screening Zone. (1) The screening zone begins at the property line that is shared with a triggering property and extends ten feet into the property. (2) At 25 linear feet intervals, a screening zone must include a minimum of: (a) 1 large or medium tree; (b) 1 small tree; and (c) 10 shrubs. (3) A pathway and gate to an adjacent property may be located within the screening zone. (4) If a utility easement or utility infrastructure makes compliance with the requirements of this subsection impossible, a property complies with this subsection if the elements described in Subdivision (2) are included within the restricted use zone. (E) Restricted Use Zone. (1) The restricted use zone begins at the edge of the screening zone and extends 15 feet into the property. (2) A restricted use zone may include: (a) landscaping or gardens; (b) fences, walls, or berms; (c) surface parking lots, driveways, alleys, or fire lanes; (d) paths, walkways, or public use trails; and (e) utility infrastructure. 2/8/2024 4:14 PM Density Bonus Combining District Page 4 of 6 COA Law Department 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 (F) A compatibility buffer may include green stormwater infrastructure, including cisterns and rainwater capture systems. (G) In a compatibility buffer, vegetation must be: (1) listed in Appendix N of the Environmental Criteria Manual; and (2) irrigated, maintained, and certified in accordance with the Environmental Criteria Manual. (H) If a utility easement or utility infrastructure makes compliance with the requirements of this section impossible, an applicant may request alternative methods of compliance. (I) Nothing in this section requires an applicant to remove healthy and existing vegetation located within the screening zone. PART 5. Rezonings Initiated. (1) This part applies to a property: (a) (b) rezoned to allow for one or more VMU buildings after June 10, 2022, but before February 29, 2024; or that was the subject of a site plan or building permit application that relied on an ordinance described in Subdivision (2) and the application was submitted after June 20, 2022, but before December 11, 2023. (2) City Council initiates rezoning of property that was impacted when Ordinance No. 20220609-080, Ordinance No. 20221201-056, and Ordinance No. 20221201-055 were invalidated. (3) City Council does not intend for a property described in (1) to comply with City Code Section 4-18-32 (Existing Multi-family Structures). PART 6. This ordinance takes effect on __________________, 2024. PASSED AND APPROVED , 2024 2/8/2024 4:14 PM Density Bonus Combining District § § § _______________________________ Kirk Watson Mayor Page 5 of 6 COA Law Department