Planning commission approves Far West multifamily rezoning with DB 90 density bonus

The Austin Planning Commission on Feb. 18 approved a rezoning request for a 10-acre property on Hart Lane in the Far West area, allowing the site to proceed under the city's DB 90 density bonus program. The commission voted 7-1 to support staff's recommendation to rezone the property from MF-3 (multifamily medium density) to GR-CO-DB 90 (community commercial vertical mixed-use, conditional overlay, density bonus 90), with the conditional overlay prohibiting certain commercial uses listed in the staff report.

The rezoning affects a site currently developed with three multifamily buildings totaling about 290 units. Staff and the applicant said the rezoning would allow redevelopment into approximately 650 to 700 residential units and add roughly 78 to 84 income-restricted units under the DB 90 program.

Staff recommended GR-CO-DB 90 because the request aligns with city policy favoring additional residential density and incentives for affordability in Imagine Austin centers. Michael Whalen, who identified himself as representing the applicant, told commissioners the property is near Capital Metro routes and a designated transit corridor, that the current buildings are older suburban-era construction, and that the DB 90 path would provide long-term income-restricted units plus the city's new tenant protections.

"We are asking for the ability to proceed through the DB 90 program, which would provide new long-term affordable units and include the city's new tenant protections," Michael Whalen said. He added the applicant agrees with staff and with the neighborhood association on a conditional overlay that would remove the commercial frontage creeping into the residential parcel.

Planning Department staff explained DB 90 requires tenant-notification protections for existing residents and participation in an incentive program that exchanges regulatory relief for community benefits, including affordable units. Eric Thomas of the Planning Department said the notification and tenant-protection provisions in section 4.18.32 apply to existing multifamily developments regardless of current rent levels; DB 90 affordability options are generally set at 50% or 60% of area median family income depending on the option chosen.

Some commissioners expressed concern about the loss of the site's existing, lower-cost rental units during redevelopment. One commissioner told the commission that the leasing office for the current complex quoted rents of about $812 for a one-bedroom and $841 for a two-bedroom, and contrasted those figures with the City of Austin Housing Department rates for 50% and 60% MFI, which staff cited as substantially higher.

Commissioners discussed the conditional overlay that prohibits specified commercial uses in part to preserve the property's "front door" on Far West Boulevard and to respond to neighborhood concerns. Staff noted the Land Development Code also permits accessory uses that accompany the primary multifamily use, limited to 10% of the site's area; such accessory uses would be managed by the residential property, not independent retail operators.

After public testimony was waived for additional applicant team speakers and further discussion about ground-floor accessory uses versus full commercial allowances, a commissioner moved to support the staff recommendation. There was no named mover or seconder recorded in the transcript. The motion carried 7-1.

The commission's approval authorizes the property to participate in the voluntary density bonus program under DB 90 and implements a conditional overlay that prohibits specified commercial uses; details of permitted accessory uses remain governed by the accessory-use code provisions and by any site plan approvals that follow.

Votes at a glance: Motion to support staff recommendation (rezoning to GR-CO-DB 90) ' outcome approved, tally 7 yes, 1 no.

Next steps: The item will proceed to required administrative steps for rezoning and any subsequent site-plan review, and any developer commitments and specific site-plan elements will be finalized through those processes.