§ 4.3. VERTICAL MIXED USE BUILDINGS.

4.3.1.   Applicability.

The following table summarizes the applicability of this section:

Standard	Applies if the Principal Street Is:	Applies to the Following:
b	Core Transit Corridor, Future Core Transit Corridor	- Mixed Use Combining District - Vertical Mixed Use Overlay District - Properties that opt in to VMU pursuant to 4.3.5.C.3.
	Highway, Hill Country Roadway, Suburban Roadway, or Urban Roadway	- Mixed Use Combining District - Sites of three acres or more, subject to 4.3.2.B. - Properties that opt in to VMU pursuant to 4.3.5.C.3.

 

City interpretation of existing technical criteria and development review policies shall be to achieve the policies of this section to promote vertical mixed use. Any technical criteria shall include consideration of pedestrian level of service and not solely automobile level of service and shall include traffic impact analyses methodologies for traffic capture rather than methodologies for disaggregated single-use developments.

4.3.2.   Where Allowed.

A.

A VMU building is allowed on properties:

1.

Within the mixed use (MU) combining district;

2.

Within the Vertical mixed use (VMU) overlay district, subject to the limitations of Section 4.3.5.C; and

3.

That are not located within the MU combining district or VMU overlay, but which have:

a.

Opted-in under the process provided for under Section 4.3.5.C.3; or

b.

Obtained a conditional use permit for VMU, subject to the limitations in Section 4.3.2.B.

B.

In addition, for sites not in the MU combining district or the VMU overlay district, a VMU building may be allowed through the conditional use permit process on any site of three acres or more that has a Highway, Hill Country Roadway, Suburban Roadway, or Urban Roadway or Internal Circulation Route as the principal street, subject to the following requirements:

1.

In areas subject to a Neighborhood Plan combining district, a VMU building may not contain uses prohibited for that lot under the Neighborhood Plan combining district.

2.

In areas that have not undergone the neighborhood planning process, a VMU building is allowed only on commercially zoned properties.

3.

A VMU building allowed under this section may only contain uses permitted in the base zoning district, as modified by Section 4.3.3.C.2.

C.

This subsection applies to property in a VMU overlay district that is used exclusively for residential use and that is not designated as a MU combining district. A VMU building is allowed only:

1.

through the opt-in process described in Section 4.3.5.C.5; or

2.

through the conditional use permit process.

4.3.3.   Standards.

A VMU building shall meet the following requirements:

A.

Pre-Application Conference. Prior to filing any application for a development that will contain a VMU building, the developer shall request in writing a pre-application conference with the Director. The purpose of a pre-application conference is to provide an opportunity for an informal evaluation of the applicant's proposal and to familiarize the applicant and the city staff with the applicable provisions of this Subchapter such as the VMU affordability requirements, and other issues that may affect the applicant's proposal (e.g., accessibility requirements). The informal evaluation of the Director and staff provided at the conference are not binding upon the applicant or the city, but are intended to serve as a guide to the applicant in making the application.

B.

Mix of Uses. A use on the ground floor must be different from a use on an upper floor. The second floor may be designed to have the same use as the ground floor so long as there is at least one more floor above the second floor that has a different use from the first two floors. At least one of the floors shall contain residential dwelling units. (See Figure 46.)

(See Figure 46 set forth in Exhibit A attached to Ord. 20130606-088; Examples (not a comprehensive list) of use mixes that would meet these requirements)

C.

Pedestrian-Oriented Commercial Spaces. Along at least 75 percent of the building frontage along the principal street, the building must be designed for commercial uses in ground-floor spaces that meet the following standards. A lobby serving another use in the VMU building shall not count as a pedestrian-oriented commercial space for purposes of this section.

1.

Dimensional Requirements. Each ground-floor commercial space must have: (See Figure 47.)

(See Figure 47 set forth in Exhibit A attached to Ord. 20130606-088; Pedestrian-Oriented Commercial Spaces)

a.

A customer entrance that opens directly onto the sidewalk;

b.

A depth of not less than 24 feet;

c.

A height of not less than 12 feet, measured from the finished floor to the bottom of the structural members of the ceiling; and

d.

A front facade that meets the glazing requirements of Section 3.2.2. (See Figure 39.)

(See Figure 39 set forth in Exhibit A attached to Ord. 20130606-088; Glazing and facade relief requirements)

2.

Ground-Floor Commercial Uses Allowed. Any commercial uses allowed in the base zoning district may be allowed at the ground-floor level in VMU buildings. In addition, in office districts the following additional uses may be allowed, except as provided in Section 4.3.5.:

a.

Consumer convenience services;

b.

Food sales;

c.

General retail sales (convenience or general);

d.

Restaurant (limited or general) without drive-in service.

D.

Compatibility and Neighborhood Standards. All VMU buildings are subject to the compatibility standards of Chapter 25-2, Article 10 if applicable.

In case of conflict between the compatibility standards and this Subchapter, the compatibility standards shall control.

1.

A VMU building that is located on a site that is adjacent to an urban family residence (SF-5) or more restrictive zoning district, or is adjacent to a property which contains a use permitted in an SF-5 or more restrictive zoning district, other than a dwelling permitted by Section 25-2-894 (Accessory Uses for a Principal Commercial Use) must comply with the following Table D (Neighborhood Design Standards).

(See Figure 47 set forth in Exhibit A attached to Ord. 20130606-088; Pedestrian-Oriented Commercial Spaces)

TABLE D: NEIGHBORHOOD DESIGN STANDARDS
Required Elements for the Facade	Description
Design and place windows to maintain privacy for both adjoining property owners and residents of the project.	Window location, size and placement should take into account views into and from neighboring single-family properties so as to provide privacy.
Windows facing single family shall have visual transmittance (VT) of 0.6 or higher to minimize reflectivity.
Provide visual screening for decks, patios, and public spaces.	For a parking structure:
• Screen vehicle lights from view of adjacent triggering zoning or use.
No amplified music in outdoor commercial or retail areas on the side of property adjacent to SF-5 or more restrictive zoning or use.	Applies only to side of property adjacent to SF-5 or more restrictive zoning or use.
Prohibit trash pickup and commercial deliveries between 10 pm and 7 am.	Prohibition must be noted on the site plan.
In addition a VMU building subject to this subsection must comply with at least one of the following neighborhood design standards:
Menu of Options	Description
Ensure that the facade of a parking structure facing SF-5 or more restrictive zoning or use, breaks down the horizontal plane of the parking structure through the use of either: 1) Screening with materials sympathetic to those used on the VMU building, or 2) Creating openings on each floor that generally conform to the size and proportion of the windows on the VMU building and the use of materials sympathetic to those used on the VMU building.	Director shall require elevation identifying materials as part of the Site Plan process.
Enclose dumpsters within building or parking structure.
Enclose mechanical equipment within building or parking structure.
Mitigate traffic impact on streets through measures such as signage, traffic calming, or signalization.	Improvements must be approved by the Director of Public Works or Transportation, as applicable.
Reserve and design 5% of parking spaces for large vehicles.

 

E.

Dimensional and Parking Requirements.

1.

VMU buildings are subject to the height restrictions as provided in other sections of this Code.

2.

Except as provided in Section 4.3.5., a VMU building that meets the affordability requirements in subsection F. below is not subject to certain dimensional standards applicable in the base zoning district. These standards include the following:

a.

Minimum site area requirements (if applicable);

b.

Maximum floor area ratio;

c.

Maximum building coverage;

d.

Minimum street side yard setback and interior yard setback; and

e.

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.

3.

For all uses in a VMU building, the minimum off-street parking requirement shall be 60 percent of that prescribed by Appendix A (Tables of Off-Street Parking and Loading Requirements). This reduction may not be used in combination with any other parking reduction. Only the parking requirements for commercial uses are subject to modification through the opt-in/opt-out process in Section 4.3.5.

F.

Affordability Requirements. To be eligible for the dimensional or parking standards exemptions in Subsection E of this section, the residential units in a VMU building shall meet the following affordability requirements, which shall run with the land. This ordinance does not amend or repeal graphics or pictures that are used to illustrate various code requirements in the published version of Chapter 25-2, Subchapter E ( Design Standards and Mixed Use ).

1.

Affordability Requirements for Owner-Occupied Units.

a.

Five percent of the residential units in the VMU building shall be reserved as affordable, for not less than 99 years from the date a certificate of occupancy is issued, for ownership and occupancy by households earning no more than 80 percent of the current Annual Median Family Income for the City of Austin Metropolitan Statistical Area as determined by the Director of Neighborhood Housing and Community Development Department.

b.

In addition, five percent of the residential units in the VMU building shall be reserved, for not less than 99 years from the date a certificate of occupancy is issued, for ownership and occupancy by households earning no more than 100 percent of the Annual Median Family Income.

c.

The city in its sole discretion may elect to subsidize an additional ten percent of the for-sale residential units in the building, at an affordability level consistent with criteria and procedures established by the Director.

2.

Affordability Requirements for Rental Units.

a.

Ten percent of the residential units in the VMU building shall be reserved as affordable, for a minimum of 40 years following the issuance of the certificate of occupancy, for rental by households earning no more than 80 percent of the Annual Median Family Income.

b.

As part of the one-time opt-in/opt-out process described in Section 4.3.5., an applicable neighborhood association or neighborhood planning team may request that the affordable rental units be available for renters earning a lower percentage of the annual median family income, to as low as 60 percent of the median family income. VMU projects that file zoning or site plan applications after the effective date of the first interim VMU ordinance and prior to September 1, 2006, will not be subject to this neighborhood affordability customization; and instead shall set aside affordable rental units as required by subsection 2.a. above or provide for affordable units as otherwise agreed to by an applicable neighborhood prior to September 1, 2006, provided that VMU projects are allowed on the applicable site following the completion of the opt-in/opt-out process.

c.

The city may elect to subsidize an additional ten percent of the residential units in the building for rental purposes for residents at any level of affordability pursuant to criteria and procedures established by the Director.

3.

Affordability Definition. For purposes of this subsection, a unit is affordable for purchase or rental if the household is required to spend no more than 30 percent of its gross monthly income on utilities and mortgage or rental payments for the unit as determined by the City's Neighborhood Housing and Community Development Department, based on the current Annual Median Family Income for the Austin Metropolitan Statistical Area.

4.

Fee for Upper-Level Nonresidential Space. The developers of VMU buildings that contain nonresidential uses above the ground-floor shall pay a fee as set by the City Council for all climate-controlled nonresidential space above the ground floor. At the same time that it sets the amount of the fee, the City Council shall also identify a means by which fees paid pursuant to this section shall be reserved only for expenditure within the area of the City from which they were collected.

5.

Monitoring and Enforcement. The City shall develop procedures to monitor and enforce this Section.

G.

Mixed Use Buildings Other than VMU. If a building that otherwise meets the standards for VMU buildings may be developed using the site development standards of the underlying zoning category, and without the use of the dimensional standard waivers or parking reductions of Section 4.3.3.E., then that building need not comply with the standards (including affordability) that otherwise apply to VMU buildings.

4.3.4.   Development Bonuses and Expedited Review of Residential Parking Permit Districts.

A.

Bonuses for VMU Buildings. A building that contains at least 100 lineal feet of VMU building frontage along the principal street is entitled to the following development bonuses:

1.

The queuing requirements of Chapter 25-6, Appendix A, shall be reduced by 50 percent for each drive-through service in the development, so long as sufficient on-site queuing space exists to ensure queuing does not occur within the public right-of-way.

2.

The number of connectivity options needed to comply with Section 2.3.1.B.2. of this Subchapter shall be reduced by two for each 100 lineal feet of VMU buildings.

3.

All buildings in the development may aggregate points for building design in Section 3.3 of this Subchapter, rather than each building needing the minimum number of points.

4.

Except for in the Barton Springs Zone or the Waterfront Overlay combining district, impervious cover existing as of the effective date of this Subchapter may be retained for redevelopment purposes for VMU buildings no taller than 60 feet and their accompanying structured parking, so long as the redevelopment meets current water quality standards and, for projects in the Drinking Water Protection Zone, the redevelopment incorporates the following measures to provide additional water quality benefits, pursuant to administrative rules to be developed by the director:

a.

Rainwater collection and reuse;

b.

Pervious pavement;

c.

Integrated pest management; and

d.

Native and adapted landscaping.

B.

Expedited Review for Residential Permit Parking Districts. Neighborhoods that do not opt out of the VMU overlay district pursuant to the process established in Section 4.3.5. shall receive expedited review of applications to establish Residential Permit Parking (RPP) districts, for blocks starting within 600 feet of the portion of the Core Transit Corridor or Future Core Transit Corridor within the VMU overlay. The application process shall proceed in accordance with the guidelines and procedures which are in effect at the time of the application except as described below:

1.

The applicable neighborhood association must endorse the resident's request for the Residential Permit Parking program.

2.

Requirements for conducting parking studies or collecting license plate information shall be waived.

3.

Following the collection of the required signatures and delivery of all necessary RPP request documentation to City staff, staff shall review and act on the application within two weeks. Notice shall be sent to affected residents and the applicable neighborhood association, and signs shall be installed, within six weeks of approval.

4.3.5.   Individual Neighborhood Consideration of VMU Requirements ("Opt-in/Opt-out Process")

A.

Purpose. The purpose of this subsection is to establish a one-time process, which will begin following the adoption of this Subchapter, whereby individual neighborhoods may consider certain development characteristics of VMU buildings within their boundaries and communicate their preferences to the City Council. No property is eligible for an exemption from the dimensional standards (of Section 4.3.3.E.2.) or for the parking reduction (of Section 4.3.3.E.3.) or for the additional ground-floor uses otherwise authorized by Section 4.3.3.C.2. until the conclusion of the opt-in and opt-out processes described in this section.

B.

Procedure.

1.

Initiation. Upon the adoption date of this Subchapter, the Director shall identify neighborhood areas and notify each neighborhood planning team that the VMU neighborhood consideration process shall be initiated. If there is no neighborhood planning team, the applicable neighborhood associations in a neighborhood shall work together to develop an opt-in/opt-out application for the purposes of this section.

2.

Application. Each neighborhood planning team or neighborhood association shall review the VMU standards in Section 4.3.3. The planning team or applicable neighborhood association may, no later than 90 days after receiving written notice from the Director of this Subchapter's adoption, submit an opt-in/optout application to the City Manager concerning any of the items listed in subsection C. below. The planning team or neighborhood association may amend a timely filed application not later than August 9, 2007.

3.

Planning Commission Recommendation. The City Manager shall forward any opt-in/opt-out applications received to the Planning Commission, which shall review and make recommendations on all such applications to the City Council.

4.

City Council Decision. After considering the Planning Commission's recommendations, the Council may by ordinance approve, approve with conditions, or deny each opt-in/optout request. The Council may concurrently amend the appropriate neighborhood plan. The neighborhood plan amendment process does not apply to the amendment.

5.

Effect of Approval. Following completion of this one-time opt-in/opt-out process:

a.

The director shall indicate on the zoning map with map code "V" each property receiving an exemption from the dimensional standards under Section 4.3.3.E.2, a parking reduction under Section 4.3.3.E.3, additional ground floor commercial uses under Section 4.3.3.C.2, or a reduction in the median family income for affordable rental housing under Section 4.3.3.F.2.b. The "V" shall include properties receiving the exemption under Section 4.3.5.B.4.. pursuant to Council action on an opt-out application, or under Section 4.3.5.C.l.b. if no application has been filed.

b.

Any subsequent amendments to the VMU standards in a neighborhood shall require amendment of the applicable neighborhood plan and neighborhood plan combining district.

c.

Any property owner or neighborhood association may submit an application to change the VMU rules on a specific property or properties by amending the applicable neighborhood plan and neighborhood plan combining district to opt-in to the exemption from the dimensional standards of Section 4.3.3.E.2 and/or for the parking reduction of Section 4.3.3.E.3 and/or the additional ground-floor uses identified by Section 4.3.3.C.2.

d.

Any property owner may file a zoning application for Vertical Mixed Use (V) or Mixed Use (MU) combining district, regardless of whether a neighborhood plan combining district has been adopted.

C.

Types of Opt-in/Opt-Out Applications. Only the following types of opt-in/opt-out applications may be submitted:

1.

VMU Overlay District: Opt-out.

a.

A neighborhood with properties in the VMU overlay district may request that the neighborhood "opt-out" of the dimensional and/or parking standards exemptions in Section 4.3.3.E.2. and 3., and/or the ground-floor commercial uses allowed in Section 4.3.3.C.2. for some or all of the properties within the VMU overlay district. If such an opt-out application is submitted and approved, the applicable standards shall not apply to affected VMU buildings within that neighborhood; instead, such buildings shall be required to comply with all dimensional and/or parking and/or use standards applicable to the base zoning district. Such buildings also shall comply with the applicable minimum site area requirements in the MU combining district; see Section 4.2.1.D.6.

b.

If no opt-out application is submitted on a property, or an opt-out application is submitted and denied, the dimensional and parking standard exemptions in Section 4.3.3.E.2. and 3. and the ground-floor commercial use provisions in Section 4.3.3.C.2. shall apply to all VMU buildings on that property.

2.

MU-Designated Properties: Opt-in.

a.

A neighborhood with properties with the MU zoning designation may request to "opt-in" to the dimensional and/or parking standards exemptions in Section 4.3.3.E.2. and 3., and/or the ground floor commercial uses allowed in Section 4.3.3.C.2. for some or all of the properties with the MU zoning designation. If such an opt-in application is submitted and approved, the dimensional and/or parking and/or use standards shall apply to VMU buildings on sites with the MU zoning designation within the applicable neighborhood boundaries.

b.

If no opt-in application is submitted for a property, or an opt-in application is submitted and denied, VMU buildings on a property designated MU shall comply with all dimensional and parking and use standards applicable to the base zoning district and the MU combining district.

3.

Properties Not in VMU Overlay District and without MU Designation: Opt-in to VMU. Any neighborhood that desires to allow VMU buildings within its boundaries on commercially zoned properties that are not otherwise eligible for VMU buildings under this Subchapter may submit an "opt-in" application to allow such development. The application shall specify the properties on which the neighborhood wishes to allow VMU buildings, whether the ground-floor commercial listed in Section 4.3.3.C.2. should be allowed, and whether the dimensional standard exemptions of Section 4.3.3.E.2. and 3. should apply.

4.

All Properties that Allow VMU Buildings: Affordability Standards. Also as part of the opt-in/opt-out process, for each neighborhood in which VMU buildings are allowed, the neighborhood association or neighborhood planning team may request that the affordable rental units be available for renters earning a lower percentage of the area median family income, to as low as 60 percent of the median family income, pursuant to Section 4.3.3.F.2.b.

5.

VMU Overlay District: Residential Opt-in. A neighbor-hood that desires to allow VMU buildings within its boundaries on property in a VMU overlay district that is used exclusively for residential use and that is not designated as a MU combining district may submit an application to allow the development. The application shall specify the properties on which the neighborhood wishes to allow VMU buildings, whether ground-floor commercial listed in Section 4.3.3.C.2 should be allowed, and whether the dimensional and parking standards of Section 4.3.3.E.2 and 3 should apply.

6.

Removal from the VMU Overlay District. A neighborhood may request that the Council amend the boundaries of the VMU overlay district to remove a property from the overlay district.

Source: Ord. 20060831-068; Ord. 20070215-071; Ord. 20070621-027; Ord. 20070726-133; Ord. 20071129-098; Ord. 20090611-074; Ord. 20100408-049; Ord. 20130606-088.