17 C20-2024-004 - Citywide Density Bonus - Combining Districts and Hierarchy — 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 32 ORDINANCE NO. _________________ AN ORDINANCE AMENDING CITY CODE CHAPTER 25-2 TO CREATE NEW DENSITY BONUS COMBINING DISTRICTS AND ESTABLISH REGULATIONS AND REQUIREMENTS THAT APPLY TO THE NEW DENSITY BONUS COMBINING DISTRICTS AND RELATED PROGRAMS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Section 25-2-32 (Zoning Districts and Map Codes) is amended to add five new combining districts to Subsection (F) that read as follows: (F) Combining districts and map codes are as follows: (25) citywide density bonus base…DBCBase (26) citywide density bonus 15 …. DBC15 (27) citywide density bonus 30 …. DBC30 (28) citywide density bonus 45 …. DBC45 (29) citywide density bonus 60 …. DBC60 PART 2. City Code Section 25-2-33 (Hierarchy of Base Districts) is amended to add a new Subsection (D) to read: (D) Hierarchy for Citywide Density Bonus (DBC) combining districts. (1) (2) (3) The most restrictive citywide density bonus (DBC) combining district is DBCBase. The least restrictive citywide density bonus (DBC) combining district is DBC60. Council can approve a more restrictive citywide density bonus (DBC) combining district without additional notice. (4) Nothing in this subsection impacts the hierarchy that applies to base districts. PART 3. City Code Section 25-2-181 (Density Bonus Combining Districts) is amended to add a new Subsection (E) to read: (E) Citywide Density Bonus (DBC) Combining District. Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 1 of 8 COA Law Department WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus1 of 8 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 64 65 66 67 68 69 (1) A reference to citywide density bonus (DBC) combining district in Title 25 (Land Development) is the collective reference for two or more of the combining districts described by this subsection. (2) DBC combining district authorizes a particular site to participate in a voluntary density bonus or incentive program that provides modifications to site development regulations or other regulatory-related benefits in exchange for community benefits. Generally, lower intensity DBC combining districts are compatible with most eligible commercial zones; while higher intensity DBC combining districts are more likely compatible with pedestrian oriented, high-quality transit. (3) DBCBase Combining District allows residential uses and commercial or civic uses on sites with certain commercial base zoning districts and modifies site development regulations and compatibility requirements in exchange for income-restricted housing. (4) DBC15 Combining District allows residential uses and commercial or civic uses on sites with certain commercial base zoning districts, modifies site development regulations and compatibility requirements, and grants an additional 15 feet in building height in exchange for income-restricted housing. (5) DBC30 Combining District allows residential uses and commercial or civic uses on sites with certain commercial base zoning districts, modifies site development regulations and compatibility requirements, and grants an additional 30 feet in building height in exchange for income-restricted housing. (6) DBC45 Combining District allows residential uses and commercial or civic uses on sites with certain commercial base zoning districts, modifies site development regulations and compatibility requirements, and grants an additional 45 feet in building height in exchange for income-restricted housing. In many instances, this height is compatible in more intense commercial base zones located within ½ mile of high-quality transit. (7) DBC60 Combining District allows residential uses and commercial or civic uses on sites with certain commercial base zoning districts, modifies site development regulations and compatibility requirements, and grants an additional 60 feet in building height in exchange for income-restricted housing. In many instances, this height is compatible in more intense commercial base zones located within 1/4 mile of high-quality transit. Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 2 of 8 COA Law Department WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus2 of 8 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 PART 4. Division 6, 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 CITYWIDE DENSITY BONUS (DBC) COMBINING DISTRICT REGULATIONS. (A) This section establishes the applicable regulations for citywide density bonus combining districts. (B) This section governs over a conflicting provision of this title or other ordinance unless the conflicting provision is less restrictive. (C) Combining Districts. (1) A DBC combining district may be combined with the following base districts: (a) Commercial Highway Services (CH); (b) Commercial Liquor Sales (CS-1); (c) General Commercial Services (CS); (d) Community Commercial (GR); (e) Neighborhood Commercial (LR); (f) General Office (GO); (g) Limited Office (LO); and (h) Neighborhood Office (NO). (2) A DBC combining district cannot be combined with: (a) Vertical Mixed Use (VMU) overlay, which is designated as vertical mixed-use building (V); or (b) other density bonus (DB) combining district. (3) A site’s zoning cannot include more than one DBC combining district at a time. (D) Pre-Requisites. (1) To utilize the regulations described in this section, the site’s zoning must include a DBC combining district and an applicant must comply with this subsection and Subsection (E). 99 100 (2) An applicant must comply with Division 1 (General Provisions) in Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 and Section 4-18- Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 3 of 8 COA Law Department WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus3 of 8 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 32 (Existing Multifamily Structure) before applying for a building permit or site plan that relies on the regulations described in this Section. (3) An applicant must comply with sidewalk and pedestrian zone requirements the director of Austin Transportation and Public Works adopts by administrative rule. (E) Affordability Requirements. (1) Affordability Minimums - Ownership Units. If an applicant develops dwelling units for sale, this subdivision applies. (a) An applicant must reserve 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 Housing Director. (b) 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 the required percentage of the total residential units, including the mix of bedrooms required, at the rate set in the fee schedule at the time of final site plan submission. (2) Affordability Minimums - Rental Units. If an applicant develops dwelling units for lease, this subdivision applies. An applicant must reserve a 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 Housing director (F) Uses, Development Standards, and Compatibility. (1) In a DBC combining district, the following uses are permitted: (a) (b) (c) uses that are permitted in the base zoning district unless the use is restricted by a conditional overlay that applies to the site; residential uses; and uses described in Table F (Additional Permitted Uses). TABLE F. ADDITIONAL PERMITTED USES. Adult care services (limited or general) Custom manufacturing Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 4 of 8 COA Law Department WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus4 of 8 Art gallery Financial services (without drive through services) Art workshop Food sales Business or trade school Guidance services Child care services (limited or general) General retail sales (convenience or general) Consumer repair services Personal services Consumer convenience services Restaurant (limited or general) without drive-in service Counseling services Theater Cultural services (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) of this chapter except when those provisions conflict with this section. (3) Mix of Uses. (a) (b) In this subdivision, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E (Design Standards and Mixed Use). Pedestrian-Oriented Commercial Spaces. When a site abuts a principal street, 75 percent of the ground floor building frontage must contain one or more commercial uses or civic uses and must comply with the dimensional requirements found in Section 4.3.3.C in Subchapter E (Design Standards and Mixed Use) of this chapter. (c) The maximum amount of non-residential uses allowed on a site with DBC combining district zoning is 35 percent. (d) An on-site amenity is a residential use when provided solely for use by the occupant, or the occupant’s guests. (e) The ordinance zoning or rezoning a site to include DBC combining district may modify the requirements in Subdivision (3)(b). (4) Modification of Maximum Height and Stories. Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 5 of 8 COA Law Department 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus5 of 8 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 (a) A building is not required to comply with maximum number of stories. (b) A building may exceed the maximum building height in the base district by a maximum of 15 feet if the site is zoned with DBC15 combining district. (c) A building may exceed the maximum building height in the base district by a maximum of 30 feet if the site is zoned with DBC30 combining district. (d) A building may exceed the maximum building height in the base district by a maximum of 45 feet if the site is zoned with DBC45 combining district. (e) A building may exceed the maximum building height in the base district by a maximum of 60 feet if the site is zoned with DBC60 combining district (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 density; (e) minimum street side yard setback and interior yard setback; and (f) minimum front yard setback; provided, however, that if the right-of- way is less than 60 feet in width, the minimum front yard setback for buildings three or more stories in height shall be 30 feet from the centerline of the street to ensure adequate Fire Department access. (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 Requirements. (a) A building is not required to comply with Article 10 (Compatibility Standards), Subchapter C. (b) In this subsection, a triggering property: (i) includes at least one dwelling unit but less than four dwelling units; and Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 6 of 8 COA Law Department WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus6 of 8 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 (ii) is zoned Urban Family Residence (SF-5) or more restrictive. (c) Any structure that is located less than 50 feet from any part of a triggering property may not exceed 90 feet. (d) Compatibility Buffer. A compatibility buffer is required along a site’s property line that is shared with a triggering property. (i) The minimum width of a compatibility buffer is 25 feet. (ii) A compatibility buffer must comply with Section 25-8-700 (Minimum Requirements for a Compatibility Buffer). (e) Exterior lighting must be hooded or shielded so that the light source is not visible from the site’s property line that is shared with a triggering property. (f) Mechanical Equipment. (i) Mechanical equipment must be screened. When located on the rooftop of the building, mechanical equipment may be screened by a parapet. (ii) Mechanical equipment may not produce sound in excess of 70 decibels measured at the site’s property line that is shared with a triggering property. (g) A concrete slab used for a refuse receptacle may not be placed within 15 feet of triggering property. (h) Except for a multi-use trail, an on-site amenity that is available only to residents and occupants of the site and their guests may not be located within 25 feet of a triggering property. (i) Screening Requirements. The following objects may not be visible at the site’s property line or alleyway that is shared with a triggering property. These objects must be screened in a manner that does not impede pedestrian or bicycle access points: (i) vehicle lights from vehicles that use or are parked on a parking lot or in a parking structure located on the site; (ii) outdoor storage; (iii) refuse receptacles and collection areas; or Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 7 of 8 COA Law Department WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus7 of 8 219 220 (iv) common areas for amenities, including outdoor decks, patios, or pools. 221 PART 5. Applicability of VMU and DB90. 222 223 224 225 226 227 228 229 230 231 232 233 234 235 (A) In this Part, VMU OVERLAY means Vertical Mixed Use (VMU) overlay, which is designated as vertical mixed-use building (V). (B) The City Council intends to utilize citywide density bonus (DBC) combining districts instead of VMU overlay and Density Bonus 90 (DB90) combining districts. For this reason, the City Manager is not authorized to accept new zoning or rezoning applications to add VMU overlay or DB90 combining district. (C) A site zoned with VMU overlay or DB90 combining district on or before the effective date of this ordinance may continue to utilize and must comply with the regulations that apply to VMU overlay or DB90 combining district. (D) A site described in Subsection (C) includes a site that is the subject of an application to add VMU overlay or DB90 combining district zoning if the application is or was pending on the effective date of this ordinance and City Council subsequently approved the VMU overlay or DB90 combining district zoning for the site. 236 PART 6. This ordinance takes effect on _________________________, 2026. 237 238 239 240 241 242 243 244 245 246 247 248 249 250 PASSED AND APPROVED § § § _____________________________________ , 2026 Kirk Watson Mayor APPROVED: ______________________ ATTEST: _____________________________ Deborah Thomas City Attorney Erika Brady City Clerk Draft 4/23/2026 Citywide Density Bonus (DBC) Ord Page 8 of 8 COA Law Department WORKING DRAFT FOR PLANNING COMMISSION - SUBJECT TO CHANGE17 C20-2024-004 - Citywide Density Bonus8 of 8