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COMMERCIAL DESIGN STANDARDS

COMMERCIAL DESIGN STANDARDS

History
In response to the December 2003 debate over national retail and the ultimate limits approved in single user retail sites in the Barton Springs Zone of the Edwards Aquifer, Austin City Council Member Brewster McCracken formed a task force in February 2004 to develop site and building standards for large-retail developments city-wide. Council Member McCracken called for a higher standard of design and discouraged national retailers from using prototype buildings. The City posted a web site to provide residents with information on this ongoing effort.
Council Member McCracken urged his fellow Council Members to draft design standards including green building standards, improving pedestrian spaces, and modified sign requirements to elevate the aesthetic character of buildings in Austin. On February 26, 2004 City Council unanimously approved a resolution directing the City Manager to develop design standards for commercial and retail developments and to identify appropriate corridors for design character focus and potential code amendments.
In March 2004, City staff drafted design guidelines, in response to Council's resolution, outlining proposed standards for building materials, site planning, building placement, parking, lighting, along with many other categories. Furthermore, City staff presented examples of best practices of other communities across the country and conducted a survey of Austin residents to solicit their feedback on design preferences. Results of the survey are posted online.
Using the feedback from the task force discussions on the staff-designed guidelines, Council Member McCracken presented objectives for the design standards process to be followed in crafting a draft ordinance. In June 2004, Robert Gibbs of Michigan-based Gibbs Planning Group provided additional expertise in drafting guidelines to improve the aesthetics of retail developments in Austin. Gibbs had previously assisted other communities in the United States in the developing and evaluating proposed new design standards.
In December 2004, Council Member Brewster McCracken unveiled draft commercial design standards prepared by a task force comprised of members of the Austin Design Commission, Planning Commission, aides from Council Member McCracken's and Mayor Pro Tem Jackie Goodman's offices, and City staff. The draft standards outlined proposed code amendments and a point system to obtain site plan and building permits. These initial code amendments would have applied to all commercial and retail projects, while developers chose from a menu of options to comply with the point system. RECA worked diligently with City and community representatives to incorporate as much flexibility into the taskforce proposal as possible.
The Austin City Council voted 7-0 on Thursday, November 17, 2005 to approve revisions to the Commercial Design Standards policy document approved in May 2005. The revisions include the creation of a Vertical Mixed Use (VMU) zoning provision and further clarification of signage requirements.
After months of continued stakeholder input, the Austin City Council unanimously passed the Commercial Design Standards Ordinance on first reading on Wednesday, August 9, 2006, with the following amendments:

Data centers will be treated as industrial and therefore exempt;

Accessibility language will be added;

Impervious cover credit for sidewalks and curbs will be added; and

Neighborhoods will be able to create parking districts in the opt-out process.

In addition, procedures to codify the neighborhood opt-in/opt-out process need to be established, sign and landscaping regulations will eventually be added and questions and comments from Council and the taskforce will be addressed before City Council’s 2nd and 3rd readings of the ordinance, which are scheduled for Thursday August 24, 2006. The public hearing will be held open until August 24 to allow for citizens to review the August 4th draft and bring forward possible other concerns for consideration prior to final passage.

A brief summary of the August 4, 2006 Commercial Design Standards Draft, which was approved plus the amendments above, is as follows:

Article 1: General Provisions

The applicability of particular standards depends on adjacent roadways and the type of development. Design Standards are predicated on the types of roadways adjacent to sites.

Roadway types: Core Transit Corridors, Future Core Transit Corridors, Hill Country Roadways, Highways, Internal Circulation Routes, Suburban Roadways, and Urban Roadways

In general, more restrictive rules apply to core transit corridors and urban roadways.

Particular provisions take precedent over design standards. The types of developments which are exempt from Design Standards include:

Development that doesn't require a site plan under Chapter 25-5

Developments zoned AG, AV, TN, UNO, Great Streets or Mueller

Development built pursuant to adopted transit station area plan

Industrial development and data centers

Interior remodeling

Restaurant redevelopment

There are specific review and application processes and possible exceptions to the rules depending on the circumstance:

Minor Modifications allow for small deviations from the otherwise applicable standards of Design Standards that may be approved by the Director of Neighborhood Planning and Zoning Department in order to protect natural or historic features or to address unusual site conditions.

Alternative Equivalent Compliance allows development to occur in a manner that meets the intent of the ordinance yet through an alternative design that does not strictly adhere to the standards of the ordinance.

These two options provide a less arduous process to work outside of the rules than applying for a variance.

Article 2: Site Development Standards

Site planning and building orientation standards encourage pedestrian-friendly sidewalks, building placement and parking placement, including the clear zone and street tree/furniture zone requirements. Standards are different according the type of Principle Street the development is on.

Pedestrian-friendly sidewalks:

8' Street Trees/Furniture Zone minimum

7' Clear Zone minimum

Optional 20'-30' supplemental zone

Underground utilities are required to the maximum extent practicable.

Buildings must be placed on the streets for 75% of the building net frontage length along the Core Transit Corridor

No parking in front of buildings

Exceptions made for large sites with internal circulations routes, pad sites and drive through sites. This allows larger retailers to have more conventional layouts.

Buildings must be placed on the street for 40% of the building net frontage length along Urban Roadways.

Connectivity options are listed to encourage developer to improve connectivity.

Article 3: Building Design Standards

Glazing, shade, roof design and façade articulation regulations encourage high quality, sustainable, unique and pedestrian-friendly development. These standards differ according to building site, roadway, building purpose, size and location.

40% of storefront facing the main street between two and ten feet must be glazed and half of that must be transparent.

50% of sidewalks facing streets or parking must be covered by a shade device.

Architectural upgrades are required, but developers may choose from a menu of choices about how to do this.

Article 4: Mixed Use

Vertical Mixed Use (VMU) is new to the Austin Code. It is allowed within VMU overlay districts, which are all core transit corridors and future core transit corridors, Mixed Use (MU) combining districts and sites of three acres or more (through CUP).

MU and VMU requires mixed uses (including residential requirements), pedestrian-oriented commercial space, height standards of the base district apply and affordable units, or payment of a fee in lieu if the development has non-residential uses above the ground floor are required.

Incentives include exemption from site area, FAR, building coverage and setback requirements.

Affordable Housing Requirements:

Owner Occupied Units:

5% of units at 80% MFI

5% of units at 100% MFI

Homeowners association fees for affordable units will be subsidized by the membership of the homeowner association

Rental Units:

10% of units at 80% MFI – Neighborhoods can opt-out to request that 10% of units be available at as low as 60% MFI.

City may choose to subsidize and additional 10% of units and any level of affordability.

Neighborhood opt-in/opt-out process for VMU requirements:

There will be a 135-day period in which a Neighborhood may choose to opt-out of VMU exemptions for areas which would otherwise be considered part of the VMU overlay district or MU. A Neighborhood will be given only one opportunity to go before council with their request.

In addition, Neighborhoods may choose to opt-in to VMU exemptions to allow from VMU and MU uses in areas that would otherwise not be eligible for VMU buildings.

On Thursday, August 31, 2006, the Austin City Council approved on 2nd and 3rd readings the Commercial Design Standards as amended. The final approved ordinance is posted below. The effective date of the ordinance is January 13, 2007.
City staff is gearing up for implementation of the new ordinance, including: setting up public outreach meetings; staff training; preparing new forms and processes; developing web content and mapping; etc.
The Vertical Mixed Use (VMU) opt-in/opt-out process commenced March 5, 2007 when the City sent out a formal notice. Neighborhoods have 90 days to complete their recommendations and deliver them to the City. Following the June 4, 2007 deadline, Council then has 45 days to consider and vote on each neighborhood's recommendations.

The opt-in/opt-out process provides individual neighborhoods the ability to make a recommendation on the location of VMU buildings, the availability of relaxed development standards and affordable housing for VMU buildings within their boundaries. The neighborhood recommendation is then communicated to the Planning Commission and City Council for their consideration. The final decision whether to accept, modify or reject neighborhood requests rests with the Council.

Resistance to vertical mixed use (VMU) development from a number of East Side neighborhood groups prompted City Council to approve a 45-day extension to the VMU Neighborhood opt-in/opt-out process. Neighborhood concerns over VMU development included lack of affordable units, potential higher property taxes, increase in non-local businesses, and possible clashes with neighborhood culture. The ordinance originally stated that neighborhoods had 90 days, beginning on March 5, 2007 with a subsequent deadline of June 4, 2007, to submit their comments. With the extension, neighborhoods that filed an Opt-In/Opt-Out application on or before June 4, 2007 were allowed to amend their Opt-In/Opt-Out application on or before August 9, 2007.

More than 50 neighborhood VMU applications were submitted and Council has approved several overlay plans. Council will continue to consider the neighborhood opt-in/opt-out applications as city staff and neighborhood planning teams complete the review process.

December 2008 Update

A component of the Commercial Design Standards Ordinance is the City of Austin's one-year review of the ordinance. Austin Mayor Pro Tem Brewster McCracken set up stakeholder meetings in April 2008 to participate in the review. The goal of this review is to address concerns raised by staff and stakeholders throughout the first year of the ordinance's implementation and attempt to streamline the code to better match the original intent of the ordinance. The stakeholder meetings temporarily concluded in August 2008 while City Staff drafted amendments to reflect stakeholder feedback.

The Commercial Design Standards stakeholder meetings reconvened in October 2008 to review draft amendments to the design standards and mixed-use code for the City of Austin. At a stakeholder meeting on November 7, 2008, the group decided to divide the draft amendment items into two categories: "consensus" items and "non-consensus" items. The final date for stakeholders to weigh in on which items are consensus versus non-consensus is the next and likely final meeting on Friday, December 19, 2008. After that, Mayor Pro Tem Brewster McCracken plans to move forward with an ordinance codifying consensus items and will request the City Council to postpone consideration of non-consensus items until at least the summer of 2009.

RECA convened a subcommittee to review the ordinance and draft amendment and divide items into “consensus” and “no consensus” categories. If you have comments or concerns regarding the ordinance or draft amendment, please contact RECA staff Michael Wilt and attend the meetings at City Hall.

Resources
Commercial Design Standards - Subchapter E (ADOPTED August 31, 2006)
RECA Resolution in Support of Commercial Design Standards
RECA's comments on the August 4th Draft
RECA Workgroup Comments to Draft Code
Clarion Associates Memo to Council Member McCracken
Draft Commercial Design Standards and Mixed-Use Subchapter (May 22, 2006)
Draft Landscape and Signage Ordinance Amendment for the Land Development Code (April 21, 2006)
Vertical Mixed Use Interim Ordinance (March 2, 2006)
Clarion Associates: Diagnosis and Proposed Outline Of City-Wide Design Standards (February 13, 2006)
November 2005 Recommended Amendments (November 17, 2005)
Development Orientation and Building Design Sections (May 10, 2005)
CURRENT DRAFT Commercial Design Guidelines Proposal (April 25, 2005)
City of Austin's Raising Design Standards for Commercial Development web site: www.ci.austin.tx.us/development/commercial_design.htm
Resolution adopted by City Council on February 26, 2004 [Adobe Acrobat File: 26 KB]
Commercial Design Standards Survey Results web site: www.ci.austin.tx.us/planning/cd_results.cfm
Feedback on Design Standards compiled by Council Member Brewster McCracken [Microsoft Word file: 38 KB]
Commerical Design Objectives presented on May 20, 2004 [Microsoft Word file: 28 KB]
Draft Point System presented at November 29, 2004 Task Force meeting [Microsoft Word file: 1.4 MB]

© 2006 Real Estate Council of Austin, Inc. All Rights Reserved. Back to Top

COMMERCIAL DESIGN STANDARDS
COMMERCIAL DESIGN STANDARDS History In response to the December 2003 debate over national retail and the ultimate limits approved in single user retail sites in the Barton Springs Zone of the Edwards Aquifer, Austin City Council Member Brewster McCracken formed a task force in February 2004 to develop site and building standards for large-retail developments city-wide. Council Member McCracken called for a higher standard of design and discouraged national retailers from using prototype buildings. The City posted a web site to provide residents with information on this ongoing effort. Council Member McCracken urged his fellow Council Members to draft design standards including green building standards, improving pedestrian spaces, and modified sign requirements to elevate the aesthetic character of buildings in Austin. On February 26, 2004 City Council unanimously approved a resolution directing the City Manager to develop design standards for commercial and retail developments and to identify appropriate corridors for design character focus and potential code amendments. In March 2004, City staff drafted design guidelines, in response to Council's resolution, outlining proposed standards for building materials, site planning, building placement, parking, lighting, along with many other categories. Furthermore, City staff presented examples of best practices of other communities across the country and conducted a survey of Austin residents to solicit their feedback on design preferences. Results of the survey are posted online. Using the feedback from the task force discussions on the staff-designed guidelines, Council Member McCracken presented objectives for the design standards process to be followed in crafting a draft ordinance. In June 2004, Robert Gibbs of Michigan-based Gibbs Planning Group provided additional expertise in drafting guidelines to improve the aesthetics of retail developments in Austin. Gibbs had previously assisted other communities in the United States in the developing and evaluating proposed new design standards. In December 2004, Council Member Brewster McCracken unveiled draft commercial design standards prepared by a task force comprised of members of the Austin Design Commission, Planning Commission, aides from Council Member McCracken's and Mayor Pro Tem Jackie Goodman's offices, and City staff. The draft standards outlined proposed code amendments and a point system to obtain site plan and building permits. These initial code amendments would have applied to all commercial and retail projects, while developers chose from a menu of options to comply with the point system. RECA worked diligently with City and community representatives to incorporate as much flexibility into the taskforce proposal as possible. The Austin City Council voted 7-0 on Thursday, November 17, 2005 to approve revisions to the Commercial Design Standards policy document approved in May 2005. The revisions include the creation of a Vertical Mixed Use (VMU) zoning provision and further clarification of signage requirements. After months of continued stakeholder input, the Austin City Council unanimously passed the Commercial Design Standards Ordinance on first reading on Wednesday, August 9, 2006, with the following amendments: Data centers will be treated as industrial and therefore exempt; Accessibility language will be added; Impervious cover credit for sidewalks and curbs will be added; and Neighborhoods will be able to create parking districts in the opt-out process. In addition, procedures to codify the neighborhood opt-in/opt-out process need to be established, sign and landscaping regulations will eventually be added and questions and comments from Council and the taskforce will be addressed before City Council’s 2nd and 3rd readings of the ordinance, which are scheduled for Thursday August 24, 2006. The public hearing will be held open until August 24 to allow for citizens to review the August 4th draft and bring forward possible other concerns for consideration prior to final passage. A brief summary of the August 4, 2006 Commercial Design Standards Draft, which was approved plus the amendments above, is as follows: Article 1: General Provisions The applicability of particular standards depends on adjacent roadways and the type of development. Design Standards are predicated on the types of roadways adjacent to sites. Roadway types: Core Transit Corridors, Future Core Transit Corridors, Hill Country Roadways, Highways, Internal Circulation Routes, Suburban Roadways, and Urban Roadways In general, more restrictive rules apply to core transit corridors and urban roadways. Particular provisions take precedent over design standards. The types of developments which are exempt from Design Standards include: Development that doesn't require a site plan under Chapter 25-5 Developments zoned AG, AV, TN, UNO, Great Streets or Mueller Development built pursuant to adopted transit station area plan Industrial development and data centers Interior remodeling Restaurant redevelopment There are specific review and application processes and possible exceptions to the rules depending on the circumstance: Minor Modifications allow for small deviations from the otherwise applicable standards of Design Standards that may be approved by the Director of Neighborhood Planning and Zoning Department in order to protect natural or historic features or to address unusual site conditions. Alternative Equivalent Compliance allows development to occur in a manner that meets the intent of the ordinance yet through an alternative design that does not strictly adhere to the standards of the ordinance. These two options provide a less arduous process to work outside of the rules than applying for a variance. Article 2: Site Development Standards Site planning and building orientation standards encourage pedestrian-friendly sidewalks, building placement and parking placement, including the clear zone and street tree/furniture zone requirements. Standards are different according the type of Principle Street the development is on. Pedestrian-friendly sidewalks: 8' Street Trees/Furniture Zone minimum 7' Clear Zone minimum Optional 20'-30' supplemental zone Underground utilities are required to the maximum extent practicable. Buildings must be placed on the streets for 75% of the building net frontage length along the Core Transit Corridor No parking in front of buildings Exceptions made for large sites with internal circulations routes, pad sites and drive through sites. This allows larger retailers to have more conventional layouts. Buildings must be placed on the street for 40% of the building net frontage length along Urban Roadways. Connectivity options are listed to encourage developer to improve connectivity. Article 3: Building Design Standards Glazing, shade, roof design and façade articulation regulations encourage high quality, sustainable, unique and pedestrian-friendly development. These standards differ according to building site, roadway, building purpose, size and location. 40% of storefront facing the main street between two and ten feet must be glazed and half of that must be transparent. 50% of sidewalks facing streets or parking must be covered by a shade device. Architectural upgrades are required, but developers may choose from a menu of choices about how to do this. Article 4: Mixed Use Vertical Mixed Use (VMU) is new to the Austin Code. It is allowed within VMU overlay districts, which are all core transit corridors and future core transit corridors, Mixed Use (MU) combining districts and sites of three acres or more (through CUP). MU and VMU requires mixed uses (including residential requirements), pedestrian-oriented commercial space, height standards of the base district apply and affordable units, or payment of a fee in lieu if the development has non-residential uses above the ground floor are required. Incentives include exemption from site area, FAR, building coverage and setback requirements. Affordable Housing Requirements: Owner Occupied Units: 5% of units at 80% MFI 5% of units at 100% MFI Homeowners association fees for affordable units will be subsidized by the membership of the homeowner association Rental Units: 10% of units at 80% MFI – Neighborhoods can opt-out to request that 10% of units be available at as low as 60% MFI. City may choose to subsidize and additional 10% of units and any level of affordability. Neighborhood opt-in/opt-out process for VMU requirements: There will be a 135-day period in which a Neighborhood may choose to opt-out of VMU exemptions for areas which would otherwise be considered part of the VMU overlay district or MU. A Neighborhood will be given only one opportunity to go before council with their request. In addition, Neighborhoods may choose to opt-in to VMU exemptions to allow from VMU and MU uses in areas that would otherwise not be eligible for VMU buildings. On Thursday, August 31, 2006, the Austin City Council approved on 2nd and 3rd readings the Commercial Design Standards as amended. The final approved ordinance is posted below. The effective date of the ordinance is January 13, 2007. City staff is gearing up for implementation of the new ordinance, including: setting up public outreach meetings; staff training; preparing new forms and processes; developing web content and mapping; etc. The Vertical Mixed Use (VMU) opt-in/opt-out process commenced March 5, 2007 when the City sent out a formal notice. Neighborhoods have 90 days to complete their recommendations and deliver them to the City. Following the June 4, 2007 deadline, Council then has 45 days to consider and vote on each neighborhood's recommendations. The opt-in/opt-out process provides individual neighborhoods the ability to make a recommendation on the location of VMU buildings, the availability of relaxed development standards and affordable housing for VMU buildings within their boundaries. The neighborhood recommendation is then communicated to the Planning Commission and City Council for their consideration. The final decision whether to accept, modify or reject neighborhood requests rests with the Council. Resistance to vertical mixed use (VMU) development from a number of East Side neighborhood groups prompted City Council to approve a 45-day extension to the VMU Neighborhood opt-in/opt-out process. Neighborhood concerns over VMU development included lack of affordable units, potential higher property taxes, increase in non-local businesses, and possible clashes with neighborhood culture. The ordinance originally stated that neighborhoods had 90 days, beginning on March 5, 2007 with a subsequent deadline of June 4, 2007, to submit their comments. With the extension, neighborhoods that filed an Opt-In/Opt-Out application on or before June 4, 2007 were allowed to amend their Opt-In/Opt-Out application on or before August 9, 2007. More than 50 neighborhood VMU applications were submitted and Council has approved several overlay plans. Council will continue to consider the neighborhood opt-in/opt-out applications as city staff and neighborhood planning teams complete the review process. December 2008 Update A component of the Commercial Design Standards Ordinance is the City of Austin's one-year review of the ordinance. Austin Mayor Pro Tem Brewster McCracken set up stakeholder meetings in April 2008 to participate in the review. The goal of this review is to address concerns raised by staff and stakeholders throughout the first year of the ordinance's implementation and attempt to streamline the code to better match the original intent of the ordinance. The stakeholder meetings temporarily concluded in August 2008 while City Staff drafted amendments to reflect stakeholder feedback. The Commercial Design Standards stakeholder meetings reconvened in October 2008 to review draft amendments to the design standards and mixed-use code for the City of Austin. At a stakeholder meeting on November 7, 2008, the group decided to divide the draft amendment items into two categories: "consensus" items and "non-consensus" items. The final date for stakeholders to weigh in on which items are consensus versus non-consensus is the next and likely final meeting on Friday, December 19, 2008. After that, Mayor Pro Tem Brewster McCracken plans to move forward with an ordinance codifying consensus items and will request the City Council to postpone consideration of non-consensus items until at least the summer of 2009. RECA convened a subcommittee to review the ordinance and draft amendment and divide items into “consensus” and “no consensus” categories. If you have comments or concerns regarding the ordinance or draft amendment, please contact RECA staff Michael Wilt and attend the meetings at City Hall. Resources Commercial Design Standards - Subchapter E (ADOPTED August 31, 2006) RECA Resolution in Support of Commercial Design Standards RECA's comments on the August 4th Draft RECA Workgroup Comments to Draft Code Clarion Associates Memo to Council Member McCracken Draft Commercial Design Standards and Mixed-Use Subchapter (May 22, 2006) Draft Landscape and Signage Ordinance Amendment for the Land Development Code (April 21, 2006) Vertical Mixed Use Interim Ordinance (March 2, 2006) Clarion Associates: Diagnosis and Proposed Outline Of City-Wide Design Standards (February 13, 2006) November 2005 Recommended Amendments (November 17, 2005) Development Orientation and Building Design Sections (May 10, 2005) CURRENT DRAFT Commercial Design Guidelines Proposal (April 25, 2005) City of Austin's Raising Design Standards for Commercial Development web site: www.ci.austin.tx.us/development/commercial_design.htm Resolution adopted by City Council on February 26, 2004 [Adobe Acrobat File: 26 KB] Commercial Design Standards Survey Results web site: www.ci.austin.tx.us/planning/cd_results.cfm Feedback on Design Standards compiled by Council Member Brewster McCracken [Microsoft Word file: 38 KB] Commerical Design Objectives presented on May 20, 2004 [Microsoft Word file: 28 KB] Draft Point System presented at November 29, 2004 Task Force meeting [Microsoft Word file: 1.4 MB]

© 2006 Real Estate Council of Austin, Inc. All Rights Reserved.	Back to Top