20 C20-2024-022 - Density Bonus for Commercial Highway & Industrial Zones Draft Ordinance — 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 WORKING DRAFT – SUBJECT TO CHANGE ORDINANCE NO. AN ORDINANCE AMENDING TITLE 25 (LAND DEVELOPMENT) OF THE CITY CODE ESTABLISHING A DENSITY BONUS PROGRAM 240 (DB240) ZONING AND ASSOCIATED REGULATIONS. 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 new combining districts to read: (F) Combining districts and map codes are as follows: (26) density bonus 240 ….DB240 PART 2. City Code Section 25-2-181 (Density Bonus Combining District Purpose) is amended to add a new Subsection (E) to read: § 25-2-181 DENSITY BONUS COMBINING DISTRICT PURPOSE. (E) DB240 combining district allows residential uses on sites with commercial highway and industrial base zoning districts, modifies site development regulations, and grants additional height in exchange for community benefits including income-restricted housing. PART 3. Division 5, Article 3, Subchapter C of City Code Chapter 25-2 (Zoning) is amended to add a new Section 25-2-656 to read: § 25-2-656 DENSITY BONUS 240 (DB240) COMBINING DISTRICT REGULATIONS. (A) This section establishes the applicable regulations for DB240 zoning. (B) This section governs over a conflicting provision of this title or other ordinance. (C) Pre-Requisites. (1) To utilize the regulations described in Subsection (G), a property must include DB240 zoning and an applicant must comply with Subsections (E) and (F). (2) To preserve reserved dwelling units and existing non-residential spaces, an applicant must comply with Article 2 (Density Bonus and Incentive DB240 draft ordinance Page 1 of 9 COA Law Department WORKING DRAFT – SUBJECT TO CHANGE Programs) of Chapter 4-18 before applying for a building permit or site plan that relies on the regulations described in Subsections (G). (D) A DB240 combining district may only be combined with the following base districts: (1) industrial park (IP); (2) limited industrial services (LI); (3) major industry (MI); (4) research and development (R&D); and (5) commercial highway services (CH). (E) Affordability Requirements – Dwelling Units. (1) In this subsection, BONUS HEIGHT means the amount of height that exceeds the height allowed by the base zoning district. (2) Affordability Minimums - Ownership Units. If an applicant develops dwelling units for sale, this subdivision applies. (a) To utilize 30 feet in bonus height or to utilize a development standard under DB240 that is not height-related, a development must provide a minimum of 10 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 Median Family Income as determined by the director of the Housing Department or pay the fee-in-lieu described in Subdivision (2)(d) for an equal number of residential units. (b) To utilize more than 30 feet but less than 61 feet in bonus height, a development must provide 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 Median Family Income as determined by the director of the Housing Department or pay the fee-in-lieu described in Subdivision (2)(d) for an equal number of residential units. DB240 draft ordinance Page 2 of 9 COA Law Department 29 30 31 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 WORKING DRAFT – SUBJECT TO CHANGE (c) To utilize more than 60 feet but less than 121 feet in bonus height, a development must provide a minimum of 15 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 Median Family Income as determined by the director of the Housing Department or pay the fee-in-lieu described in Subdivision (2)(d) for an equal number of residential units. (d) An applicant for a proposed owner-occupied housing development may elect to meet the affordability requirement without providing income-restricted units onsite by paying a fee in-lieu to the Housing Trust Fund. At a minimum, the fee-in-lieu shall be equivalent to 100 percent of the required percentage of the total residential units, including the mix of bedrooms required. The fee-in-lieu shall be set by separate ordinance. The amount of fee-in-lieu due is determined using the fee schedule ordinance in effect at site plan submittal. (3) Affordability Minimums - Rental Units. If an applicant develops dwelling units for lease, this subdivision applies. (a) To utilize 30 feet in bonus height or to utilize a development standard under DB240 that is not height-related, a development must provide a: (i) minimum of 10 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 Median Family Income as determined by the director of the Housing Department or (ii) minimum of 8 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 Median Family Income as determined by the director of the Housing Department. (b) To utilize more than 30 feet but less than 61 feet in bonus height, a development must provide a: DB240 draft ordinance Page 3 of 9 COA Law Department 59 60 61 62 63 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 WORKING DRAFT – SUBJECT TO CHANGE (i) 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 Median Family Income as determined by the director of the Housing Department; or (ii) minimum of 10 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 Median Family Income as determined by the director of the Housing Department. (c) To utilize more than 60 feet but less than 121 feet in bonus height, a development must provide a: (i) minimum of 15 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 Median Family Income as determined by the director of the Housing Department; or (ii) minimum of 12 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 Median Family Income as determined by the director of the Housing Department. (F) Existing Non-Residential Spaces. a. In this subsection, (a) CREATIVE SPACE means a use described in Chapter 25-2 (Zoning) that allows one or more of the following occupancies: (i) art gallery; (ii) art workshop; (iii) performance venue; or (iv) theater. DB240 draft ordinance Page 4 of 9 COA Law Department 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 WORKING DRAFT – SUBJECT TO CHANGE (b) EXISTING NON-RESIDENTIAL SPACE means a: (i) (ii) creative space use that has operated for a minimum of three continuous years; brewery, distillery, and cidery, that has operated for a minimum of 5 continuous years with a gross floor area of 20,000 square feet or less; (iii) food manufacturing that has operated for a minimum of 5 continuous years with a gross floor area of 20,000 square feet or less; (vi) custom manufacturing that has operated for a minimum of 5 continuous years with a gross floor area of 10,000 square feet or less; or (v) light manufacturing that has operated for a minimum of 10 continuous years with a gross floor area of 10,000 square feet or less. b. c. d. If a site includes an existing non-residential space, the proposed development must replace each existing non-residential space with a space that is comparable in size for a period of 5 years. This subsection establishes an existing non-residential space subject to Division 2 (Redevelopment Requirements), Article 2 of City Code Chapter 4-18. A non-conforming use is not discontinued or abandoned under Section 25-2- 945 (Abandonment of Nonconforming Use) if the non-conforming use qualifies as an existing non-residential space and is required to be replaced under this subsection. (G) Development Standards and Mixed Use. (1) The permitted and conditional uses included in Table G are permitted and conditional uses on a property with density bonus 240 (DB240) combining district. Table G controls over the permitted and conditional uses allowed by the property’s base zone. DB240 draft ordinance Page 5 of 9 COA Law Department 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 WORKING DRAFT – SUBJECT TO CHANGE TABLE G. PERMITTED USES COMMERCIAL USES: Commercial Off-Street Parking Consumer Convenience Services Consumer Repair Services Equipment Repair Services Equipment Sales Food Sales General Retail Sales (Convenience) General Retail Sales (General) Hotel-Motel Kennels Laundry Services Liquor Sales Personal Improvement Services Pet Services Plant Nursery Software Development Vehicle Storage Veterinary Services RESIDENTIAL USES: Bed & Breakfast (Group 1) Bed & Breakfast (Group 2) Condominium Residential Conservation Single Family Residential Duplex Residential Group Residential Mobile Home Residential Multifamily Residential Retirement Housing (Small Site) Retirement Housing (Large Site) Single-Family Attached Residential Single-Family Residential Small Lot Single-Family Residential Townhouse Residential Two-Family Residential Short-Term Rental CIVIC USES: Child Care Services (Commercial) Child Care Services (General) Child Care Services (Limited) College and University Facilities Counseling Services Family Home Guidance Services Hospital Services (Limited) Public Primary Educational Facilities Public Secondary Educational Facilities Telecommunication Tower DB240 draft ordinance Page 6 of 9 COA Law Department WORKING DRAFT – SUBJECT TO CHANGE CONDITIONAL USES CIVIC USES: Community Events Hospital Services (General) Private Primary Educational Facilities Private Secondary Educational Facilities Telecommunication Tower Public Primary Educational Facilities Public Secondary Educational Facilities Employee Recreation COMMERCIAL USES: Agricultural Sales and Services Alternative Financial Services Automotive Rentals Automotive Repair Services Automotive Sales Automotive Washing (of any type) Bail Bond Services Commercial Blood Plasma Center Monument Retail Sales INDUSTRIAL USES: Light Manufacturing AGRICULTURAL USES: Indoor Crop Production (2) A development must comply with Article 2 (Site Development Standards) and Article 3 (Building Design Standards) in Subchapter E (Design Standards and Mixed Use) except when those provisions conflict with this section. (3) Mix of Uses (a) A residential use may not be located below a performance venue. (b) An on-site amenity is a residential use when provided solely for use by the occupant, or the occupant's guests. (4) Maximum Height. (a) (b) In research and development (R&D), a building may exceed the maximum building height in the base zoning district by 120 feet except that no building may exceed 165 in height. In light industrial (LI), a building may exceed the maximum building height in the base zoning district by 120 feet except that no building may exceed 180 in height. DB240 draft ordinance Page 7 of 9 COA Law Department 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 WORKING DRAFT – SUBJECT TO CHANGE (c) (d) (e) In industrial park (IP) a building may exceed the maximum building height in the base zoning district by 120 feet except that no building may exceed 180 in height. In commercial highway services (CH) a building may exceed the maximum building height in the base zoning district by 120 feet except that no building may exceed 240 in height. In major industrial (MI) a building may exceed the maximum building height in the base zoning district by 120 feet except that no building may exceed 240 in height. (5) A site is not required to comply with the base zoning district's: (a) minimum site area requirements (if applicable); (b) maximum floor area ratio; (c) maximum building coverage (d) maximum number of stories; (e) minimum street side yard setback and interior yard setback. (6) Section 1.4 (Minor Modifications) and Section 1.5 (Alternative Equivalent Compliance) in Subchapter E apply to a site developed under this section. (7) The minimum street side yard setback and interior yard setback is 15 feet unless the base zoning district requirement is less restrictive. (8) A 10-foot building step-back shall be required if bonus height results in a building exceeding 90 feet in height. PART 4. This ordinance takes effect on ____________. PASSED AND APPROVED , 2024 § § § _______________________________ Kirk Watson Mayor DB240 draft ordinance Page 8 of 9 COA Law Department 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 WORKING DRAFT – SUBJECT TO CHANGE APPROVED: _____________________ ATTEST: _______________________ Deborah Thomas Interim City Attorney Myrna Rios City Clerk 198 199 200 201 DB240 draft ordinance Page 9 of 9 COA Law Department