24 C20-2024-011 - DB90 Revisions Staff Report — original pdf

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ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2024-011 Density Bonus 90 Revisions Amend City Code Title 25 (Land Development) to revise uses, site development regulations, density bonus requirements, and compatibility standards applicable in density bonus 90 (DB90) combining district. Description: Background: In 2021, amendments to the City’s Vertical Mixed Use (VMU) Overlay, including the creation of a second-tier bonus program known as VMU2, were initiated through City Council Resolution No. 20211118-052. The resolution directed staff to process code amendments to allow for an additional 30’ in height beyond the base zone standards for developments participating in the new tier of the density bonus program and proposed affordability requirements for such developments. In June of 2022, City Council adopted Ordinance No. 20220609-080, implementing the code amendments initiated through the 2021 Council resolution. However, in December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056, and Ordinance No. 20221201-055 were invalidated. In February 2024, City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB90) combining district. This new district is similar to the provisions in VMU2 and is available citywide through the rezoning process. Summary of Proposed Code Amendment: The proposed amendment to §25-2-652 would do the following: - Amend the commercial ground floor requirement to match VMU standards, requiring 75% of the ground floor frontage along the principal street to be designed for commercial use with an additional clarification regarding civic uses - Add the allowed commercial uses from VMU to office base zoning districts - Align compatibility screening requirements with amendments to citywide policy made by Council through Ordinance 20240516-004 - Clarify that provisions of the DB90 program govern over a conflicting provision of the Land Development Code or other ordinance Proposed Text Amendment(s): See draft ordinance. Staff Recommendation: Recommended Staff supports the proposed amendments, which aim to increase participation in the density bonus program and align its regulations with citywide standards. The modification to commercial ground floor requirements will ensure that developments under the DB90 program resemble existing VMU developments, enabling staff to review these applications consistently, and facilitating a streamlined approval process. Further, an analysis of recent VMU developments revealed that the program's requirements result in only 8% to 15% of the ground floor square footage being allocated to commercial use, which is significantly below the 75% required under DB90. Allowing for additional commercial uses within office base zoning districts will enable true mixed-use developments that provide a variety of goods and services within a community. Similarly, by aligning the compatibility screening, noise, and design standards with citywide policies, stakeholders and the community will benefit from clear and consistent expectations for development. This alignment will allow developers and reviewers to operate under one set of standards, enhancing both the efficiency and transparency of the development process. These changes are designed to provide enhanced privacy and quality of life for occupants and neighbors of new developments, without significantly impacting development potential or cost. Board and Commission Action: June 18 - Recommended by the Codes and Ordinances Joint Committee on a vote of 4-0-1 with Commissioner Greenberg abstaining and Commissioners Azhar and Anderson absent. To be reviewed by the Planning Commission on July 23 Council Action: To be considered by City Council on August 29 Sponsor Department: Planning Department City Staff: Paul Ray Books, Senior Planner, Planning Department, Paul.Books@austintexas.gov, (512) 974- 3173 Joi Harden, AICP, Zoning Officer, Planning Department, Joi.Harden@austintexas.gov, (512) 974-1617 Project Location: The Project Location includes properties with density bonus 90 (DB90) combining district zoning. Properties with DB90 zoning will have conditions of zoning changed resulting from the Proposed Amendment. The Project Location is identified in the maps included in this staff report. Properties with DB90 zoning: Project Address 5402 S. Congress 2706 Gonzales St and 2730 E 7th St 8402-8412 S Congress Ave; 108 Ralph Ablanedo Dr 2101, 2105, and 2109 S Congress Ave; 110 E Live Oak St; 2113 Nickerson St Current Zoning CS-MU-V-CO-DB90-NP CS-V-DB90-NP CS-V-CO-DB90 Requested Rezoning CS-MU-V-CO-DB90- NP CS-V-DB90-NP CS-V-CO-DB90 CS-MU-V-DB90-NP, GR- MU-V-DB90-NP CS-MU-V-DB90-NP, GR-MU-V-DB90-NP Proposed Zoning Change: From current zoning to requested rezoning, to include DB90 to change conditions of zoning to align with Proposed Amendment. From: includes DB90 (DB90) combining district, in exchange for providing affordable housing units and in combination with commercial base zoning districts, allows a mixture of office, retail, commercial, and residential uses with modifications of compatibility standards and site development regulations including increased building height. To: includes DB90 (DB90) combining district, in exchange for providing affordable housing units and in combination with commercial base zoning districts, allows a mixture of office, retail, commercial, and residential uses with modifications of compatibility standards and site development regulations including increased building height.