Since the summer of last year, the City of Austin has been in discussion over a new set of ordinance requirements regarding open space for new multi-family, condominium and commercial developments. The amendment is intended to simplify the accepted definition of open space, offering clarity and consistency of existing standards, while expanding the regulations in some cases. The ordinance has been approved by City Council and made effective December 26, 2011.
The City held an informational meeting on February 6th to educate anyone interested in the new revisions. Some of the revisions we found more notable are outlined below.
Private Common Open Space
All new site plans for multi-family and condominium developments larger than 10 units must include Private Common Open Space (PCOS) that is 5 percent of their gross site area. In the end, the amount is not a huge departure from previous POS requirements, but it is calculated through percentage rather than square footage. Concerns regarding certain zones were answered with exemptions for UNO, CBD and DMU. Affordable housing within ¼ mile of a park or trail has also been excluded.
Additionally, commercial developments (Subchapter E) 2 acres or larger must provide 5 percent PCOS. Previously, a commercial development was only affected if it was 5 acres or larger.
Amenities
A list of amenities was provided, describing what would count toward open space requirements. Options appear to have expanded and look promising for developers.
Location Criteria
Land types accepted under open space requirements were also listed. Specifically, wetlands, flood hazard areas and tree preservation areas caught our eye. This will go a long way to help our clients reach their open space goals.
Design Criteria
A new set of design criteria was introduced. For instance, no more than 30 percent of the required open space can be above ground. Also, not more than 50 percent of ground level open space may be covered by a fixed manmade obstruction, including a roof, balcony, or building-projection. Roof gardens and sculptural elements that are accessible to the public will not be considered manmade obstructions.
It is important to note that the amended ordinance is already in effect. Any site development permits submitted to the City prior to December 26th should be exempt from the new ordinance requirements. Conversely, site plans submitted after the effective date will be held to these new standards. Verbal commitments by the City will not hold up.
The ordinance contains several things that will apply to new developments. We encourage you to become familiar with its revisions. If you have any questions regarding the Open Space Amendment, please don’t hesitate to call Melissa Neslund, our very own Land Planner and Business Development Specialist, for help.
Tags: affordable housing, commercial, multi-family, Open Space Amendment
