23 C20-2024-018 - Downtown Density Bonus Update Phase I - Draft Code Language Part 1 — 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 33 34 35 36 37 38 39 AN ORDINANCE AMENDING CITY CODE CHAPTER 25-2 TO CREATE NEW DENSITY BONUS ZONING DISTRICTS AND ESTABLISH REGULATIONS AND REQUIREMENTS THAT APPLY TO THE NEW DENSITY BONUS COMBINING DISTRICTS AND TO DECREASE THE ELIGIBILITY AREA AND REMOVE CERTAIN PROPERTIES FROM PARTICIPATING IN THE DOWNTOWN DENSITY BONUS PROGRAM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Include as Figure 1 (Figure 1) in Subsection (B)(1) of City Code Section 25-2-586 (Downtown Density Bonus Program) the Downtown Districts Map attached as Exhibit “A” and incorporated herein. PART 2. Delete the maps identified as Figure 2 (Figure 2) in Subsection (B)(3) of City Code Section 25-2-586 (Downtown Density Bonus Program) and include as Figure 2 (Figure 2) in Subsection (B)(3), the Downtown Density Bonus Program – Eligibility, Floor Area Ration (FAR) and Height Map attached as Exhibit “B” and incorporated herein. PART 3. Subsection (B)(2) of City Code Section 25-2-586 (Downtown Density Bonus Program) is deleted in its entirety and the remaining subsections reorder accordingly. [Properties in the Rainey Street Subdistrict may participate in the Downtown Density Bonus Program only for floor-to-area ratio that exceeds 8:1 or height above 350 feet. To achieve floor-to-area ratio up to 8:1 or height between 41 feet and 350 feet, properties in the Rainey Street Subdistrict must comply with Subsection (C)(4) of Section 25-2-739 (Rainey Street Subdistrict Regulations) of the City Code] PART 4. Subsection (E)(2) of City Code Section 25-2-586 (Downtown Density Bonus Program) is deleted in its entirety and the remaining subsections reorder accordingly. [(2) Rainey Street Subdistrict Historic Preservation Community Benefit. (a) A project may achieve bonus area for each historically significant building that is: (i) rehabilitated; and Draft 5/7/2026 Page 1 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I1 of 25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 70 71 72 73 74 75 76 77 78 79 80 (ii) preserved on site, relocated to a site within the Rainey Street Subdistrict, or relocated to a location within the city limits as determined appropriate by the Historic Landmark Commission. (b) The amount of bonus area that may be achieved for on-site improvements for Rainey Street Subdistrict historic preservation is established by ordinance. (c) Buildings eligible for this community benefit include those buildings within the Rainey Street National Historic Register District that the City's historic preservation officer has determined contribute to the historic character of the Rainey Street National Historic Register District. (d) Requirements: (i) Development using this community benefit option shall maintain the architectural integrity of the building as determined by the Historic Landmark Commission (HLC) whether or not the building is zoned H-Historic or HD-Local Historic District. (ii) The HLC must review and approve modifications to a building before the City may grant a density bonus. (iii) Development may use this option only in cases where a substantial percentage of the external walls and internal structure remain intact at project completion. (iv) An applicant must provide a description of the rehabilitation that describes the existing conditions of the building and the proposed work. The applicant must submit photographs showing the major character-defining features of the building prior to the start of work. (v) Before the director may issue any type of certificate of occupancy, an applicant must submit documentation verifying that the work has been completed as proposed. The documentation must be submitted in a format similar to the Description of Rehabilitation portion of the United States Draft 5/7/2026 Page 2 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I2 of 25 81 82 83 84 85 86 87 88 89 90 91 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 Department of the Interior National Park Service Historic Preservation Certification Application. (vi) An applicant who cannot complete restoration as proposed must pay into the Historic Preservation Fund the applicable development bonus fee for the bonus area initially granted for this community benefit. The applicant's payment will be based on the development bonus fee in effect at the time the applicant pays the fee.] PART 5. Subsection (C)(5) of City Code Section 25-2-739 (Rainey Street Subdistrict Regulations) is deleted in its entirety. [(5) Development in the Rainey Street Subdistrict may participate in the Downtown Density Bonus Program as provided below: (a) In order to achieve bonus area exceeding the floor-to-area ratio of 8:1 or height above 40 feet in the Rainey Street Subdistrict, development must comply with the requirements of Section 25-2-586 (Downtown Density Bonus Program) of the City Code. The requirements of the Downtown Density Bonus Program apply only to that portion of development that exceeds a floor-to-area ratio of 8:1 or height above 40 feet. (b) The maximum height and maximum floor-to-area ratio that development in the Rainey Street Subdistrict may achieve by participating in the Downtown Density Bonus Program are shown on Figure 2 of Section 25-2-586 (Downtown Density Bonus Program) of the City Code. (c) Austin Housing will conduct compliance and monitoring of the affordability requirements of the Downtown Density Bonus Program. The director of Austin Housing shall establish compliance and monitoring rules and criteria for implementing the affordability requirements of the Downtown Density Bonus Program.] PART 6. Subsection (F) of City Code Section 25-2-32 (Zoning Districts and Map Codes) is amended to add two new combining districts that read as follows: (F) Combining districts and map codes are as follows: (xx) downtown density bonus 400 …..DDB400 Draft 5/7/2026 Page 3 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I3 of 25 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 (xx) downtown density bonus 850 …..DDB850 PART 7. City Code Section 25-2-181 (Density Bonus Combining Districts) is amended to add new subsections (x) and subsection (xx) to read: § 25-2-181 DENSITY BONUS COMBINING DISTRICTS. (x) DDB400 Combining District promotes high-density and pedestrian-friendly redevelopment in the downtown area within downtown and modifies site development regulations and grants 400 feet of additional building height in exchange for income-restricted housing and other community benefits. (xx) DDB850 Combining District promotes higher-density and increased pedestrian- friendly redevelopment in the downtown area within downtown and modifies site development regulations and grants 850 feet of additional building height in exchange for income-restricted housing and other community benefits. PART 8. City Code Chapter 25-2, Subchapter C, Article 3, Division 5 (Combining and Overlay Districts) is amended to add a new Section 25-2-65x to read: § 25-2-65x DOWNTOWN DENSITY BONUS 400 (DDB400) COMBINING DISTRICT AND DOWNTOWN DENSITY BONUS (DDB850) COMBINING DISTRICT REGULATIONS. (A) This section applies to a property with DDB400 zoning or DDB850 zoning. (B) Except as provided, this section governs over a conflicting provision of this title or other ordinance. (C) If this section conflicts with the downtown parks overlay (DP) district or pecan street overlay (PS) district, the more restrictive provision controls. (D) Pre-Requisites. (1) To use the regulations described throughout this section, the site’s zoning must include DDB400 zoning or DDB850 zoning. (2) Unless otherwise identified, a development must comply with: (i) Affordability Requirements defined in this Section; Draft 5/7/2026 Page 4 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I4 of 25 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 (ii) Gatekeeper Requirements defined in this Section; and (iii) Urban Design Standards defined in this Section. (3) To preserve reserved dwelling units and existing non-residential spaces, an applicant must comply with Article 2 (Density Bonus and Incentive Programs), Division 1 (General Provisions) of Chapter 4-18 and, when applicable, Section 4-18-32(A)(2)—(5) (Existing Multi-Family Structure) before applying for a building permit or site plan that relies on the regulations described in this section. (4) In addition to pre-requisites and general regulations, a development must comply with any regulation specifically applicable to DDB400 zoning or DDB850 zoning. (E) Combining Districts. (1) DDB400 zoning and DDB850 zoning may only be combined with a site located within the boundary designated by Appendix _x_ (DDB400 and DDB850 Boundaries). (2) DDB400 zoning and DDB850 zoning cannot be combined with: (a) (b) (c) a townhouse and condominium residence (SF-6) district or a more restrictive residential zoning district; a vertical mixed use (VMU) overlay district, which is designated by as vertical mixed-use building (V); or other density bonus (DB) combining districts, except that DDB400 zoning and DDB850 zoning may be combined with the density bonus ETOD (DBETOD) combining district. (3) A site’s zoning cannot include both DDB400 zoning and DDB850 zoning. (F) Definitions. In this section, Draft 5/7/2026 Page 5 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I5 of 25 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 (1) AFFORDABILITY MINIMUM means the minimum percentage of owned or leased affordable units a development must provide or the minimum amount of fee-in-lieu that must be provided. (2) AFFORDABLE OWNERSHIP UNIT means a dwelling unit that is for sale and is reserved for an income-eligible household. (3) AFFORDABLE RENTAL UNIT means a dwelling unit that is for lease and is reserved for an income-eligible household. (4) AFFORDABLE UNIT means an affordable ownership unit or an affordable rental unit. (5) FEE IN-LIEU means the dollar amount an applicant pays to the City’s Affordable Housing Trust Fund per gross square foot of bonus area. (6) BONUS AREA means the gross floor area contained within the portion of a building or structure that exceeds the maximum buildable area, including maximum building height, allowed in the base zoning district, which is achievable with DDB400 zoning or DDB850 zoning. (7) COMMUNITY BENEFIT OPTION means a community benefit described in this section that is provided onsite to reduce the affordability minimum required to obtain bonus area. (8) DIRECTOR means director of Austin Planning. (9) GATEKEEPER REQUIREMENTS means minimum development requirements not described as Affordability Requirements or Urban Design Standards required to obtain bonus area. (10) GREAT STREETS STREETSCAPE STANDARDS means design standards for streets within the boundaries of the Great Streets Master Plan. (11) MFI means the Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the director of the Housing Department. Draft 5/7/2026 Page 6 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I6 of 25 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 (12) URBAN DESIGN STANDARDS means standards for buildings, site design features, public streetscapes, plazas, and other design elements provided in this section to comply with DDB400 zoning or DDB850 zoning. Urban design standards include standards which are mandatory and optional. (G) DDB400 zoning. (1) A building located on a site with DDB400 zoning may exceed the maximum building height in the base zoning district by a maximum of 400 feet except that no building may exceed 750 feet in height. (2) A site with DDB400 zoning seeking bonus area must provide mandatory urban design standards and 7 optional urban design standards described in subsection R below. (H) DDB850 zoning. (1) A building located on a site with DDB850 zoning may exceed the maximum building height in the base zoning district by a maximum of 850 feet except that no building may exceed 1200 feet in height. (2) A site with DDB850 zoning seeking bonus area must provide mandatory urban design standards and provide 10 optional urban design standards described in subsection R below. (I) Affordability Requirements. (1) To achieve bonus area or use a development standard for DDB400 zoning or DDB850 zoning that is not height-related, a development must provide the affordability minimum. (2) The affordability minimum is established as follows: (a) Pay fee-in-lieu equivalent to 100 percent of the bonus area. The amount of fee in-lieu owed is set by separate ordinance and is determined using the fee schedule in effect at the time of site plan submittal; or (b) Provide affordable units equal to five percent of onsite residential units as: Draft 5/7/2026 Page 7 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I7 of 25 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 (i) affordable rental units at 50 percent MFI; or (ii) affordable ownership units at 80 percent MFI; (3) To utilize the onsite affordability option a building seeking bonus area must be designed for multifamily residential use only, or if a mixed-use development a minimum of 65 percent of gross square footage shall include multifamily use. (4) If a Community Benefit Option is provided onsite, the affordable minimum may be reduced by a total of two percent of the onsite units or reduced by a total of 20 percent of the fee-in-lieu. (J) Gatekeeper Requirements. (1) To receive bonus area, the development must demonstrate compliance at the time of site plan by satisfying the minimum number of Urban Design Standards elements required for DDB400 zoning or DDB850 zoning. (2) To receive bonus area, the development must demonstrate compliance at the time of site plan with streetscape improvements along all public street frontages, consistent with the Great Streets Standards. (3) To receive bonus area, for a property located on a Texas Department of Transportation frontage, an applicant satisfies paragraph (2) requiring Great Streets streetscape improvements along all public street frontages if the applicant pays a fee in-lieu set by separate ordinance and a one-time maintenance obligation fee set by separate ordinance. The director of the Transportation and Public Works Department may spend a fee paid under this subsection for Great Streets capital improvement projects within the area identified in Appendix _x__ (DDB400 and DDB850 Boundaries). (4) To receive bonus area, each building located on a site with DDB400 zoning or DDB850 zoning shall demonstrate compliance at the time of site plan with the Austin Energy Green Building program’s latest applicable Bird Collision Deterrence criteria and shall achieve a two-star or greater rating using the applicable rating version in effect at the time a rating registration application is submitted for the building. Draft 5/7/2026 Page 8 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I8 of 25 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 (K) Community Benefits Options. (1) Onsite Grocery Store: (a) In this subsection, FOOD SERVICE USE means a use described in Chapter 25- 2 (Zoning) that allows a grocery store occupancy. (b) A development must be designed and contain a minimum food sales use of 2,500 square feet. (2) Onsite Cultural Services or Performance Venue: (a) In this subsection, CREATIVE SPACE means a use described in Chapter 25-2 (Zoning) that allows cultural services or performance venue occupancy. (b) A development must be designed and contain a minimum creative space use of 2,500 square feet. (3) Austin Energy Green Building: All residential and commercial development shall achieve a minimum three- star rating or greater rating under the Austin Energy Green Building program using the applicable rating version in effect at the time a rating registration applicable is submitted for the building. (4) Transit Supportive Infrastructure. (a) In this section, TRANSIT SUPPORTIVE INFRASTRUCTURE includes appurtenances, facilities, and amenities related to a transit system project as defined in Ordinance No. 20221115-048. (b) An applicant must submit a written request to the Project Connect Mobility Officer to provide transit supportive infrastructure. (c) If the applicant proposes transit supportive infrastructure that serves a community benefit, the Project Connect mobility officer is required to approve a request. Draft 5/7/2026 Page 9 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I9 of 25 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 (d) Before approving a request to provide transit supportive infrastructure, the director of Project Connect mobility officer will adopt rules under Chapter 1-2 (Administrative Rules) that establish when transit supportive infrastructure serves a community benefit. (L) Existing Non-Residential Spaces. (a) In this subsection, 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) cultural services; (iv) performance venue; or (v) theater. (b) EXISTING NON-RESIDENTIAL SPACE means a: (i) (ii) adult care services use (general or limited) that has operated for a minimum of 12 continuous months; child care services use (general or limited) that has operated for a minimum of 12 continuous months; (iii) cocktail lounge use that has operated for a minimum of 20 continuous years; (iv) creative space use that has operated for a minimum of 10 continuous years; (v) food sales use that has operated for a minimum of 20 continuous years with a gross floor area of 20,000 square feet or less; or Draft 5/7/2026 Page 10 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I10 of 25 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 (vi) small format use that has operated for a minimum of 20 continuous years with a gross floor area of 5,000 square feet or less. (c) SMALL FORMAT USE means a use described in Chapter 25-2 (Zoning) that allows one or more of the following occupancies: (i) general retail sales; (ii) personal services; or (iii) restaurant (general or limited). (M) 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. (N) This subsection establishes an existing non-residential space is subject to City Code Chapter 4-18, Article 2, Division 2 (Redevelopment Requirements). (O) 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. (P) Permitted and Conditional Uses. (1) The following uses are permitted on a property utilizing DDB400 or DDB850: (a) residential uses; (c) (d) a local use as defined in this section; and unless specifically prohibited or made conditional in this section, uses permitted by the zoning that applies to the property. Draft 5/7/2026 Page 11 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I11 of 25 446 447 448 449 450 451 452 453 454 455 (2) The following uses are prohibited on a property utilizing DDB400 or DDB850: COMMERCIAL USES: Agricultural Sale and Services Automotive Sales Automotive Rentals Automotive Repair Services Building Maintenance Services Campground Carriage Stable Convenience Storage Drop-off Recycling Collection Facility Electronic Prototype Assembly Electronic Testing Equipment Repair Services Equipment Sales Exterminating Services Funeral Services Marina Recreational Equipment Maintenance & Storage Recreational Equipment Sales Research Assembly Services Research Testing Services Research Warehousing Services Scrap and Salvage Service Station Stables Vehicle Storage INDUSTRIAL USES: Basic Industry General Warehousing and Distribution Recycling Center Resource Extraction AGRICULTURAL USES: Animal Production Crop Production Indoor Crop Production (3) A conditional use under the base zoning district that applies to the property remains a conditional use on a property utilizing DDB400 or DDB850. (4) The following uses are additional conditional uses of a property utilizing DDB400 or DDB850: COMMERCIAL USES: Alternative Financial Services Automotive Washing Bail Bond Services Commercial Blood Plasma Center Commercial Off-Street Parking Communications Services Construction Sales and Services Electric Vehicle Charging Kennels Monument Retail Sales Draft 5/7/2026 Off-Site Accessory Parking Pawn Shop Services Pedicab Storage and Dispatch Special Use Historic INDUSTRIAL USES: Custom Manufacturing Light Manufacturing Limited Warehousing and Distribution AGRICULTURAL USES: Horticulture Page 12 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I12 of 25 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 (5) In this section, a local use includes: (a) administrative and business offices; (b) art gallery; (c) art workshop; (d) business and trade school; (e) consumer convenience services; (f) consumer repair services; (g) counseling services; (h) custom manufacturing; (i) cultural services; (j) child care services (general or limited); (k) adult care service (general or limited); (l) financial services; (m) food preparation, in conjunction with food sales, (n) food sales; (o) retail sales (convenience or general) (p) guidance services; (q) indoor sports and recreation; (r) medical offices (not exceeding 5,000 square feet gross floor area); (s) performance venue; (t) personal improvement services; Draft 5/7/2026 Page 13 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I13 of 25 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 (u) personal services; (v) pet services; (w) postal services; (x) printing and publishing services; (y) professional office; (z) restaurant (general or limited); (aa) restaurant (general or limited) as an accessory use; (bb) theater; (cc) a use which a conditional use site plan has been approved by the Land Use Commission. (Q) Mandatory Urban Design Standards (UDS). (1) UDS-1 (Screening) (a) Utility equipment, mechanical equipment, solid waste collection areas including loading docks, truck parking, outdoor storage, trash collection, trash compaction and other service functions: (1) are prohibited in the area between a building and a street; (2) must not be visible from a street, adjacent property line, and the property line on the far side of an adjacent public street; (3) must be screened or located in a public alley; and (4) screening materials shall be the same as, or of equal quality to, material used for the principal building. (b) This subsection applies to a site with frontage on an alley 20 feet or more wide. Draft 5/7/2026 Page 14 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I14 of 25 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 (1) A transformer room or utility vault must be located adjacent to and accessible from the alley unless an alternative location is required by Austin Energy. (2) A pump room, sprinkler room, or other utility or mechanical room must be adjacent to and accessible from the alley unless an alternative location is required by the Austin Fire Department. (c) Above-ground parking structures must be screened to prevent spaces from view from of a public street and adjacent properties. (2) UDS-2 (Parking) (a) A development must comply with Subsection (F) of Section 25-6- 591 (Parking Provision for Development in the Central Business District (CBD), the Downtown Mixed Use (DMU) District, the Public (P) Zoning Districts, and the University Neighborhood Overlay (UNO) District) except that the number of motor vehicle parking spaces allowed is restricted to 60 percent of the number of spaces previously required by Appendix A (Tables of Off-Street Parking and Loading Requirements) of Chapter 25-6 (Transportation); or (b) A development must comply as follows: (1) A development of less than 10,000 square feet gross floor area or containing less than 71 residential units may include a maximum of 60 percent of spaces previously required by Appendix A (Tables of Off-Street Parking and Loading Requirements) of Chapter 25-6 (Transportation); or (2) A development not described in (b)(1) above is limited to 60 percent of spaces previously required by Appendix A – (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) of Chapter 25-6 (Transportation) unless: (i) all spaces are provided within a parking structure; or Draft 5/7/2026 Page 15 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I15 of 25 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 (ii) all spaces exceeding the 60 percent limitation described in subsection (b)(1) above are provided within an underground parking structure. (3) UDS-3 (Pedestrian-Oriented Frontage Requirements) (a) In this section, PRINCIPAL STREET has the same meaning assigned in Article 5 (Definitions) of Subchapter E. (b) At least 75 percent of the building frontage along the principal street must contain one or more commercial 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) For properties with less than 100 feet along the frontage of the principal street, 50 percent of the ground floor occupiable area must contain one or more commercial 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. (d) Lobbies may qualify as pedestrian-oriented commercial or civic spaces if they include seating, are visible from the street, and are publicly accessible. A lobby not meeting these qualifications may only count up to 10 percent towards the required pedestrian-oriented commercial or civic space if the lobby serves only residential or office uses, is visible from the sidewalk, and has direct street access. (4) UDS-4 (Primary Entrance Requirements). (a) In this section, an ENTRANCE shall include a primary retail or residential lobby building entry point with direct street access or shared public access. (b) Excluding alleys, buildings with (i) (ii) at least 150 feet of a single street frontage shall provide at least one entrance on that frontage, and over 200 feet of single street frontage shall provide an entrance per every 150 feet of frontage, with a minimum of two entrances. Draft 5/7/2026 Page 16 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I16 of 25 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 (c) When not in conflict with Great Streets, all buildings must provide permanent overhead shelter over all required entrances, with a shelter depth of no less than 40 percent of the clear height. (R) Optional Urban Design Standards (UDS). (1) UDS-5 (Bicycle Parking) A development must provide the greater of: (a) (b) an additional 15 spaces beyond the minimum spaces required in compliance with Section 25-6-477 (Bicycle Parking); or spaces equal to 15 percent of the proposed motor vehicle parking spaces. (2) UDS-6 (Upper Story Design) (a) Buildings shall provide a minimum 10-foot stepback above 120 feet; (b) A 10-foot separation shall be maintained from existing buildings 120 feet or taller; and (c) Lots with single street frontage under 100 feet along the front lot line shall limit building coverage above 120 feet to 85 percent of the lot frontage width. Draft 5/7/2026 Page 17 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I17 of 25 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 Example of 10’ Step-Back between buildings (3) UDS-7 (Limit Curb Cuts) (a) A development shall minimize curb cuts shall be located to preserve a continuous active frontage. (b) Unless as required by Austin Fire or Austin Transportation and Public Works, vehicular access from a site to a public street shall be limited to: (i) one curb cut for each 140 feet of single street frontage along a street that runs east and west; and (ii) one curb cut along a street that runs north and south. (4) UDS-8 (Limit Garage Lanes) A driveway shall not exceed a two-lane width when accessing a public street from a parking garage. Draft 5/7/2026 Page 18 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I18 of 25 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 (5) UDS-9 (Minimum Cantilever Clearance) A cantilever building shall maintain 40 feet of clearance from ground when located next to the public right of way to allow trees to grow. (6) UDS-10 (Enhanced Pedestrian Protection) (a) When Great Streets Streetscape Standards allows, a development shall provide permanent sheltering structure abutting the pedestrian clear zone along a minimum of 60 percent of the street frontage, including parking garage entrances and exits, with a depth of no less than 40 percent of the clear height. (b) Sheltering structures, including overhangs, canopies, awnings, and arcades, must not exceed a height of 14 feet. (7) UDS-11 (Planting Area or Green Roof) (a) A minimum of 15 percent of gross site area must be used as an at- grade planting area; or (b) A minimum of 50 percent of a building or structure must satisfy the requirements of the Vegetated ("Green") Roof Performance Standards in Appendix W of the Environmental Criteria Manual. The percentage of vegetated roof cover is calculated as a portion of total roof area excluding mechanical equipment, photovoltaic panels, swimming pools, and skylights. (8) UDS-12 (Historic Building Scale Matching) For development on a site located adjacent to a property that is currently zoned with a historic landmark (H) combining district or included within a historic district (HD) combining district (historic building), or is a contributing structure to an HD district (contributing structure): (a) the height of a building or structure is limited to not more than 15 feet above the height of the front façade of an adjacent historic building or contributing structure located within 15 feet, unless the conditions in (b) of this subsection are satisfied. (b) the height of a building or structure may exceed the 15 foot limitation in (a) of this subsection, if a minimum 15 foot stepback Draft 5/7/2026 Page 19 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I19 of 25 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 is provided as measured from the base height calculation of the building or structure. Base height calculation is the building height limit described in (a) of this subsection. (9) UDS-13 (Preserve Existing Building Façade) For development on a site without a historic landmark (H) combining district or not included within a historic district (HD) combining district: (a) must preserve the primary façade (typically being the front facing wall) of a building or structure that has existed for at least 45 years or longer at the time of site plan; and (b) the height of a building or structure which exceeds the preserved façade described in (a) of this subsection, must provide and maintain a minimum 10 foot stepback as measured from the preserved facade. (10) UDS-14 (Increased Transparency Façade on Street-Facing Ground Floor) (a) All ground floor external doors and windows must maintain a minimal visible light transmittance of 60 percent and an external reflectance of 20 percent. (b) Materials used to satisfy (a) above must adhere to the Bird Friendly Design Standards outlined in the Austin Green Energy Building Standards. (11) UDS-15 (Above Ground Flour Transparency) (a) All external windows on the two floors immediately preceding the ground floor must maintain a minimal visible light transmittance of 60 percent and an external reflectance of 20 percent. (b) Materials used to satisfy (a) above must adhere to the Bird Friendly Design Standards outlined in the Austin Green Energy Building Standards. (12) UDS-16 (Enhanced Pedestrian-Oriented Frontage Requirements) A minimum of 75 percent of the total building frontage on the ground floor of must contain one or more commercial or civic uses and must comply with Draft 5/7/2026 Page 20 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I20 of 25 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 the dimensional requirements found in Section 4.3.3.C in Subchapter E (Design Standards and Mixed Use) of this chapter. (13) UDS-17 (Additional Amenities) A building must include on the floor used for primary access to the public right-of-way, or provide outside of the building and immediately adjacent to the public right-of-way, one of the following: (a) (b) a full bathroom facility complying with the Americans with Disabilities Act (ADA) standards for accessible design; a room complying with the ADA design standards for use as a dressing, fitting, or locker room, containing a compliant baby changing station and a sink or hand washing station; or (c) a drinking fountain complying with ADA design standards. (14) USD -18 (Enhanced Primary Entrance Requirements). (a) In this section, an ENTRANCE shall include a primary retail or residential lobby building entry point with direct street access or shared public access which satisfies pedestrian activation standards. (b) Excluding alleys, buildings with (i) (ii) at least 150 feet of a single street frontage shall provide at least two entrances on that frontage, and over 200 feet of single street frontage shall provide an entrance per every 75 feet of frontage, with a minimum of three entrances. (c) When not in conflict with Great Streets, all buildings must provide permanent overhead shelter over all required entrances, with a shelter depth of no less than 40 percent of the clear height. (S) Development Standards. (1) Multifamily Residential Use. Draft 5/7/2026 Page 21 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I21 of 25 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 (a) A minimum of two percent of the total number of dwelling units must be accessible to a person with a hearing or visual disability. (b) A minimum of 10 percent of the total number of dwelling units must be accessible to a person with a mobility impairment. (c) Each ground floor dwelling unit must be adaptable for use by a person with a disability and accessible by a person with a disability from the on-site parking, pedestrian path, and common area building facilities. (2) Setbacks. (a) Except as provided in this subsection, there are no minimum front yard or street side yard setbacks. (b) The maximum front yard and street side yard setbacks are 10 feet, except for a public plaza or private common open space. (c) There are no minimum or maximum interior side yard setback. (d) There are no minimum or maximum rear yard setback. (e) If the width of the right-of-way is less than 60 feet, the minimum front yard setback for a building with three or more stories in height shall be 30 feet as measured from the centerline of the street. (3) 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) Article 9 (Landscaping); (e) Private Common Open Space requirements in Subchapter E (Design Standards and Mixed Use) PART 9. Chapter 25-2 (Zoning) is amended to add a new Appendix ___ (DDB400 and DDB850 Boundaries Map) attached to this ordinance as Exhibit “A”. Draft 5/7/2026 Page 22 of 22 COA Law Department 23 C20-2024-018 - Downtown Density Bonus Update Phase I22 of 25 EXHIBIT "A" 23 C20-2024-018 - Downtown Density Bonus Update Phase I23 of 25