Council pushes forward with density bonus changes

Though it has been in place only since February, the city’s newest density bonus program – DB90 – was updated by City Council during its Thursday meeting.

DB90, which is a new zoning category ushered through the codification process at a more rapid clip than land development changes usually are, was intended to replace VMU2 after it was invalidated by a court ruling in 2023 shortly after its adoption. Both VMU2 and DB90 promote density and allow for taller buildings in exchange for community benefits like affordable housing and pedestrian-oriented commercial spaces.

The changes come amid rumblings of discontent about the new density bonus. In addition to the complaints about noise from new development that continues to be spearheaded by the Cesar Chavez neighborhood, the Govalle/Johnson Terrace Neighborhood Plan Contact Team and the Austin Neighborhoods Council have both called for a moratorium on DB90 rezonings “until a review of cumulative impacts can be conducted.” 

“We are now seeing these zoning requests within and directly impacting (abutting) Austin residential neighborhoods,” wrote ANC President Ana Aguirre.

In her letter to City Council, Aguirre wrote that by allowing DB90 on lots with some categories of commercial zoning, regardless of where they are located, the new program expands the reach of VMU2, which was intended only for larger city corridors. Aguirre also expressed concern at the change that would clarify DB90 standards prevail over other development standards when the standards were in conflict, making things like conditional overlays moot.

That moratorium didn’t happen. Of the nine east side cases that the East Austin Conservancy asked for a postponement on, four were postponed, four were approved and one other received initial approval from City Council. In addition, five other DB90 cases were fully approved by Council on Thursday.

“There’s a lot more to do, but we continue to commit ourselves to ensuring that everyone can participate in Austin’s economic prosperity on this DB90 tool,” said Mayor Pro Tem Leslie Pool. “I am confident that we will also continue to improve and expand affordability tools so that Austin can be a home for everyone. That continues to be my goal, and I see DB90 as a key element in this work.”

Council unanimously moved forward with amendments to DB90, with Council Member Natasha Harper-Madison absent and Council Member Alison Alter off the dais for the vote.

The approved amendments clarify that DB90 regulations prevail over existing Land Development Code in cases where the two conflict, making its use and implementation more clear and less potentially complicated.

The changes also impact the requirements for commercial space under DB90 by requiring commercial uses for 75 percent of the ground floor along the principal street only. Currently, the commercial use requirements ask that 75 percent of the entire ground floor be developed as commercial use. Commercial uses may also be expanded to include convenience services, food sales, general retail sales and restaurants and to allow live/work units to count toward the commercial requirement.

The adopted amendments include compatibility screening requirements, in line with citywide regulations. According to a presentation from Planning Department staff, the screening requirements “are the most proactive measure to mitigate noise, rather than a reduced decibel limit.” The decibel limit for mechanical equipment is currently set at 70 decibels, but the Planning Commission (and some neighborhood advocates) would like to see that lowered to 45.

In a presentation to Council, staff warned that lowering the limits could have unintended consequences and bring the requirements out of alignment with citywide policies.

Council opted not to change the decibel limits, but Council Member Ryan Alter said that the issue of decibel limits, as applied to machinery in neighborhoods, is something that he would like to see addressed holistically in the future. 

“We talk about amplified sound, and when you can and cannot have it in a residential area. There is a difference, in my mind, of temporary noise versus … mechanical noise, which is often run continuously or for very long periods of time,” he said. “I could see there being some need to treat these potentially very differently.”

The new amendments will also apply existing tenant notification and relocation benefits for residents displaced by new DB90 development of existing housing. The benefits provide current tenants with notice, relocation funds and the opportunity to terminate their lease without penalty or lease at the new development for at least a year.

Photo made available through a Creative Commons license.

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