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Overview: DB90 is a citywide density bonus program designed to incentivize the creation of more housing, including affordable units, on commercially zoned properties. It serves as a replacement and expansion of the previously invalidated VMU2 (Vertical Mixed-Use 2) program, offering broader applicability and more substantial development opportunities.

Key Features:

  1. Height Allowance:

    • Permits buildings up to 90 feet tall on eligible properties.

    • Provides an additional 30 feet above base zoning.

    • This significant increase in allowable height can dramatically improve project economics.

  2. Eligibility Criteria:

    • Applies to properties zoned CS-1, CS, GR, LR, GO, and LO.

    • Expands beyond core transit corridors, opening up new areas for densification.

    • Properties must rezone to add the DB90 combining district.

  3. Affordability Requirements:

    • Rental Projects: • 10% of units at 50% Median Family Income (MFI), or • 12% of units at 60% MFI

    • Ownership Projects: • 12% of units at 80% MFI, or • Option for fee-in-lieu payment

  4. Development Incentives:

    • Exemptions from minimum site area requirements.

    • Waivers for maximum FAR and building coverage restrictions.

    • Relaxed minimum setback requirements.

    • Modified compatibility standards with a 25-foot buffer (10-foot screening zone, 15-foot restricted use zone).

  5. Mixed-Use Component:

    • Requires 75% of ground floor along the principal street to be pedestrian-oriented commercial uses.

    • Floors above the second floor must be primarily residential.

    • Encourages vibrant, walkable streetscapes.

  6. Process and Approvals:

    • Requires rezoning approval, including review by Planning Commission and City Council.

    • Pre-application meeting with Housing Department required.

    • While more involved than the previous VMU2 administrative process, it offers greater flexibility and potential.

These figures demonstrate that DB90's impact is not uniform across Austin. District 3, which includes parts of East Austin, is seeing the most intense development under this program in terms of both land area (46.4748 acres) and housing units (1955). This could reflect a combination of available land, developer interest, and potentially more favorable zoning conditions in this area.

The data also shows that while some districts like 2 and 9 are approving a high number of units (836 and 845 respectively), they're doing so on relatively less land (14.982 and 5.6497 acres), indicating denser developments. Conversely, District 1 has approved a moderate number of units (350) but on a larger land area (12.26 acres), suggesting potentially less dense projects.

Commissioner criticism of DB90-approved projects centers primarily on zoning compatibility (25%), public engagement, and project compatibility (15% each). Environmental concerns, neighborhood impact, and project viability each account for 10% of criticisms. Grayson M Cox (District 10) and Jennifer Mushtaler (District 6) have voiced the most concerns. The most criticized project appears to be 2300-2328 East Cesar Chavez, followed closely by 3117-3121 E 12th St and 2900 Oak Springs Rezoning. To address these issues, city planners and developers should prioritize improving zoning compatibility and enhancing public engagement processes.

February - September 2024

District: 1 | Rosewood

District: 2 | Govalle/Johnston

District: 3 | Holly

District: 3 | Montopolis

District: 4 | Highland

DISTRICT: 1

3117-3121 E 12th St 3121 E. 12th St

Rosewood | 1 Acre | 110 Units | Reading:  - ② - ③ | Approved

The Geyser Group's proposal for 3117 & 3121 E. 12th Street seeks to add the Density Bonus 90 (DB90) combining district to the existing CS-MU-V-CO-NP zoning on a 1.0-acre site. The project aims to develop 100 multifamily units and 1,500 SF of retail space, leveraging the DB90 program's affordability requirements. The program mandates that at least 10% of units be affordable at 60% MFI.

City Council 9/12/24

Approved

At the August 29, 2024 City Council meeting, the case faced significant community opposition, with concerns raised about the impacts of increased density and height on the surrounding area, and was postponed to September 12, 2024. Later at the September 12 meeting, the case was approved on the first reading.

Chris Page, Community Member argued that the applicant "never had VMU rights" and claimed the rezoning lacks demonstrated need or cogent planning principles. He stated that Geryser Group has "dmonstrated the need or cogent planning principles that would underlie this change." He also highlighted demographic concerns and affordability issues in the census tract, arguing that the citywide average MFI doesn't help their neighborhood.

Jenny Grayson, President of McKinley Heights Neighborhood Association questioned the justification for additional entitlements, pointing out that the buildable volume would increase by 97% with DB90 zoning, while the percentage of affordable units only increases by 2%. She asked, "Where are our community benefits in this equation?" She raised concerns about traffic impact, stating, "It only takes one car trying to make a left turn into the garage and six cars behind it to block the intersection at Airport Boulevard." She warned about potential displacement, saying, "All the families living around this red box will most certainly be displaced if this parcel is zoned DB90."

Developer/Owner: The Geyser Group, Michael Bernstein Email: [email protected] LinkedIn
Staff Report: C14-2024-0070 SR
DISTRICT: 1

2900 Oak Springs 2900 Oak Springs Rd

Rosewood | 2.06 Acres | 240 Units | Reading: ① - ② -  | Approved

2900 Oak Springs Drive exemplifies the challenges facing affordable housing developers in Austin amidst evolving density bonus programs. The Geyser Group, led by Michael Bernstein, is seeking to rezone the 2.06-acre site from CS-MU-V-NP to CS-MU-V-DB90-NP for a 240-unit residential development with mixed-use components. The proposal promises 29 affordable units out of 240 total units, adhering to DB90 requirements.

City Council 9/12/24

Approved

Despite its potential to address housing needs, the project faced community opposition. Chris Paige, a neighborhood representative, argued for postponement at the May 28, 2024 Planning Commission meeting.

The Council moved forward with approval. At the September 12, 2024 City Council meeting, the project received final approval on all three readings, despite continued community opposition.

Developer/Owner: The Geyser Group, Michael Bernstein Email: [email protected] LinkedIn

Staff Report: C14-2024-0061 SR
DISTRICT: 2
South Austin Combined (South Manchaca) | 2.163 Acres | 186 Units | Reading: ① - ② -  | Approved

The Sephira Group led by Max Ginsburg, is pushing forward with the development at 1500 W Stassney Lane, where the zoning is set to change from CS-V-NP, LR-NP, GR-V-NP, and MF-3-NP to CS-MU-V-DB90-NP. This zoning change would enable a mixed-use development, combining multifamily residential units with commercial spaces.

The proposal includes 186 residential units, with 10% of the units designated for households earning 50% of the Median Family Income (MFI) or 12% for those earning 60% MFI, with affordability locked in for 40 years. The City Council vote on August 29, 2024, was approved the project on consent without discussion.

City Council 8/29/24

Approved
Developer/Owner: The Sephira Group, Max Ginsburg Email: [email protected]
Staff Report: C14-2024-0033 SR
DISTRICT: 2

8501 S 1st St 8501 S 1st St

Govalle/Johnston | 7.459 Acres | 450 Units | Reading: ① - ② -  | Approved

The proposed development at 8501 S 1st Street, led by Austin Property Partners, seeks to transform a 7.459-acre site from Development Reserve (DR) zoning to GR-MU-V-DB90 (Community Commercial - Mixed Use - Vertical Mixed-Use Building - Density Bonus 90). The project aims to create approximately 450 residential units with a mix of affordable housing options.

City Council 9/12/24

Approved

Despite concerns, the City Council approved the zoning change on all three readings on September 12, 2024. The case's progression highlights the ongoing debate surrounding DB90 zoning in Austin, particularly regarding its impact on affordability and community dynamics.

Developer: Austin Property Partners, Brandon Willin Phone: (936) 524-2024 Email: [email protected] LinkedIn
Owner: Mae Katherine Rich Clay Phone: (512) 347-7175 Email: [email protected]
Staff Report: C14-2024-0047 SR
DISTRICT: 3
Holly | 3.26 Acres | Reading:  - ② - ③ | Approved

Arc Capital Partners' proposed redevelopment of the 2300-2328 East Cesar Chavez block continues to generate significant discussion as it progresses through Austin's approval process. The 3.26-acre site, currently zoned SF-3-NP, CS-CO-MU-NP, and LO-CO-MU-NP, is seeking rezoning to CS-MU-V-DB90-NP under the newly adopted Density Bonus 90 (DB90) program.

Commissioner Ryan Johnson supported the waiver, while Commissioner Jennifer Mushtaler raised questions about the compatibility of the conditional overlay with DB90 zoning.

City Council 9/12/24

Approved

The case reached the City Council on September 12, 2024, where it was approved on first reading only, indicating ongoing deliberation. During this meeting, community members voiced strong concerns about the DB90 program and its application in this case. For affordable housing developers, this case highlights the complex interplay between increased density, affordable housing requirements, and community concerns in Austin's rapidly changing neighborhoods.

Developer/Owner: Arc Capital Partners, Brad Weinberg Phone: (813) 368-6355 Email: [email protected] LinkedIn, Patricia Ann Pope Phone: (512) 590-4653, Juan P Meza Phone: (512) 472-3872, Emily Kolbe Phone: (512) 372-6273, Alice Duffy Phone: (512) 784-2345 Email: [email protected] LinkedIn
Staff Report: C14-2024-0027 SR
DISTRICT: 3
Holly | 1.79 Acres | 200 Units | Reading: ① - ② -  | Approved

The 501 Pedernales Street project, proposed by Pedernales Property Holdings LLC, seeks to rezone 1.79 acres from CS-MU-V-CO-NP to CS-MU-V-CO-DB90-NP to allow for a mixed-use development with 200 multifamily units and 10,000 square feet of specialty retail. The project's location near public transit, parks, and schools aligns with the city's goals for transit-oriented development.

City Council 8/29/24

Approved

The proposal has generated community opposition, with several residents expressing concerns during the August 29, 2024 City Council meeting. Alexandria Anderson, representing the Martin Luther King Neighborhood Association, highlighted concerns about quality of life and safety. Despite the community opposition, the City Council approved the rezoning on all three readings with no discussion on August 29, 2024.

Owner: Jesus J Turullols Phone: (512) 563-6319 Email: [email protected]
Attorney: Land Use Solutions, Michele Haussmann Phone: (512) 212-4114 Email: [email protected] LinkedIn
Staff Report: C14-2024-0063 SR
DISTRICT: 3

E5ATX Rezone 2613-2619 E. 5th St

Holly | 0.31 Acres | Reading:  - ② - ③ | Approved

The E5ATX Rezone project, proposed by E5ATX LLC aims to rezone approximately 0.31 acres at 2613-2619 East 5th Street from LR-CO-MU-NP and GR-CO-MU-NP to CS-MU-DB90-CO-NP. The site currently houses a duplex, office, and single-family home built between 1945 and 1970. This rezoning would enable a mixed-use development, potentially featuring commercial uses on the ground floor and residential units above, utilizing the recently enacted DB90 combining district. For this project, the developer must provide either 12% of rental units at 60% MFI or 10% at 50% MFI for a 40-year period.

City Council 8/29/24

Approved

Community response has been predominantly negative. Monica Guzman from Go Austin/Vamos Austin voiced concerns about the impact on Eastern Crescent neighborhoods. Alexandria Anderson of the Martin Luther King Neighborhood Association highlighted quality of life and safety concerns. Govalle resident Noe Elias called for postponement to allow time for impact analysis and community benefit negotiations. On August 29, 2024, the City Council approved the rezoning on first reading.

Owner: Dan Foster Phone: (512) 413-9566 Email: [email protected] LinkedIn
Staff Report: C14-2023-0131 SR
DISTRICT: 3

4900 Gonzales 4900 Gonzales St

Govalle/Johnston Terrace | 19.8078 Acres | 700 Units | Reading: ① - ② -  | Approved

The rezoning case for 4900 Gonzales Street, led by the NRP Group and Structure Development, focuses on transforming the existing 19.81-acre Austin Independent School District (AISD) site into a mixed-use development that includes multifamily housing, a newly constructed alternative learning center, and commercial spaces. The project aims to address the critical need for affordable housing, particularly for AISD teachers and staff, while redeveloping underutilized AISD property.

The current zoning of P-NP (Public-Neighborhood Plan) is being requested for a change to CS-MU-V-CO-DB90-NP, which would allow for increased residential density through the DB90 (Density Bonus 90) zoning. Under the proposed development plan, 700 multifamily units will be constructed, with at least 50% of those units reserved for affordability, split between 40% at 80% median family income (MFI) and 10% at 60% MFI​.

City Council 8/29/24

Approved

While, opposition has continued to call for more engagement with the neighborhood and a reevaluation of height and traffic impacts, the final City Council decision on August 29, 2024, approved the rezoning, marking a critical step in the redevelopment of this AISD property.

Developer: The NRP Group, Structure Development, Nick Walsh Phone: (708) 941-0199 Email: [email protected] LinkedIn, Sarah Andre Email: [email protected]
Owner: Austin Independent School District, Jeremy Striffler Phone: (512) 414-3051 Email: [email protected]
Staff Report: C14-2024-0019 SH SR
DISTRICT: 3

3020 E Cesar Chavez 3020 E Cesar Chavez St

Govalle/Johnston Terrace | 2.345 Acres | Reading: ① - ② -  | Approved

The rezoning case for 3020 East Cesar Chavez Street, owned by James Eustace of Eastside Partners LLC, seeks to change the zoning from CS-MU-V-CO-NP to CS-MU-V-DB90-CO-NP. The 2.345-acre site is currently developed with professional office uses. The proposed rezoning would allow for a mixed-use building with ground-floor commercial and multifamily residential above, utilizing the new DB90 density bonus program to replace the invalidated VMU2 zoning.

City Council 8/29/24

Approved

However, at the August 29, 2024 City Council meeting, several community members expressed concerns about DB90 cases in general. Monica Guzman, Policy Director for Go Austin/Vamos Austin, urged the postponement of all DB90 cases, other speakers raised issues about the impact on neighborhood plans, floodplain concerns, and the removal of retail requirements for ground-floor spaces. Despite these concerns, the City Council approved the rezoning on all three readings with no discussion.

Owner: James F Eustace Phone: (512) 454-6725 Email: [email protected] LinkedIn
Staff Report: C14-2024-0039 SR
DISTRICT: 3

2706 Gonzales & 2730 E 7th 2706 Gonzales St & 2730 E 7th St

Govalle/Johnston Terrace | 3.117 Acres | 360 Units | Reading: ① - ② -  | Approved

The proposed development at 2706 Gonzales Street and 2730 E 7th Street in Austin, submitted by The Dale L. Martin and Suzan S. Martin Revocable Trust, seeks to rezone 3.117 acres from CS-V-NP to CS-V-DB90-NP. This project in the Govalle/Johnston Terrace Neighborhood Plan area aims to construct a mixed-use development with 360 residential units and 12,975 square feet of general office space. The proposal's affordability component offers either 12% of rental units at 60% MFI or 10% at 50% MFI for 40 years, potentially creating 43 affordable units in a prime location near downtown Austin.

City Council 5/30/24

Approved

The project has progressed smoothly through the approval process with the City Council approving the zoning change on May 30, 2024, also on consent without debate. As the project advances, developers should consider site connectivity and potential infrastructure improvements. The Parks and Recreation Department suggested a connection along Boggy Creek to improve neighborhood connectivity, though funding for such improvements may be limited under new parkland dedication rules.

Owner: The Dale L. Martin and Suzan S. Martin Revocable Trust, Susan S Martin, Dale L. Martin
Staff Report: C14-2024-0029 SR
DISTRICT: 3
Govalle/Johnston Terrace Combined | 2.5 Acres | 360 Units | Reading: ① - ② - ③ | Pending

The rezoning case for 830 Airport DB90 (C14-2024-0081) involves a 2.5-acre site at 830 and 838 Airport Boulevard and 917 and 923 Shady Lane. The applicant, 838 Airport 2017, LP, is seeking to rezone the property from CS-MU-V-CO-NP to CS-MU-V-DB90-CO-NP to allow for a mixed-use development with 360 multifamily residential units and retail space.

The case aims to accomplish two main goals: implement DB90 zoning in accordance with prior Council action and clean up a discrepancy in the previous rezoning ordinance.

Planning and Zoning 8/13/24

Approved

The Planning Commission recommended approval of the rezoning on August 13, 2024, with no discussion with City Council meeting still pending. The proposal's location on Airport Boulevard, an Imagine Austin Corridor, and its proximity to the Springdale Station Neighborhood Center make it a prime candidate for increased density and mixed-use development under the DB90 program.

Owner: Sayers Real Estate Advisors, Chris Gray Phone: (512) 658-1013 Email: [email protected] LinkedIn, Clinton P Sayers Phone: (512) 413-1133 Email: [email protected]
Staff Report: C14-2024-0081 SR
DISTRICT: 3

5200 East 5th Street 5200 E. 5th St

Govalle/Johnston Terrace Combined | 1.333 Acres | 116 Units | Reading: ① - ② - ③ | Postponed

CSW Development is proposing to rezone a 1.333-acre site at 5200 East 5th Street from CS-CO-NP to CS-MU-V-CO-DB90-NP to allow for a mixed-use development with multifamily residential above professional office uses. The project would include 116 total units, with a minimum of 10% affordable at 50% MFI or 12% at 60% MFI for 40 years under the DB90 zoning requirements. The development would also include 4,425 square feet of commercial space.

Community member Valerie Menard expressed concerns about the rushed process for approving DB90 zoning, stating, "The process for approving DB90 zoning has been rushed voting on amendments this morning to allow you to vote on 42 zoning cases later today." She also criticized the affordability requirements.

City Council 8/29/24

Postponed

The case was scheduled for City Council consideration on August 29, 2024, but was postponed to September 26, 2024, at the applicant's request. This DB90 case highlights the ongoing debate in Austin regarding the balance between increased density and affordability requirements.

Developer/Owner: CSW Development, Todd M Wallace Phone: (512) 419-7375 Email: [email protected] LinkedIn
Staff Report: C14-2024-0037 SR
DISTRICT: 3
Greater South River City Combined | 15.845 Acres | 695 Units | Reading: ① - ② -  | Approved

The rezoning case for 821 Woodward Street seeks to add the Density Bonus 90 (DB90) combining district to an existing 15.845-acre site currently zoned GR-V-CO-NP. The applicant, SACHEM Inc., represented by Amanda Swor of Drenner Group, is requesting to rezone the property to GR-V-DB90-CO-NP to allow for a mixed-use development with 695 residential units. The DB90 combining district would permit a maximum height of 90 feet (30 feet above the base zoning) in exchange for affordable housing. The project's affordability component requires either 12% of rental units at 60% MFI or 10% of rental units at 50% MFI for 40 years.

Community response has been relatively positive, with the South River City Citizens Neighborhood Association (SRCC) expressing support for the rezoning. In a letter dated May 8, 2024, SRCC President Noah Balch stated that the proposal aligns with the project they supported in June 2023, noting that SACHEM is not proposing changes to the terms of the conditional overlay.

City Council 8/29/24

Approved

At the August 29, 2024 City Council meeting, the rezoning was approved on consent with no discussion on all three readings.

Owner: SACHEM, John Mooney Email: [email protected] LinkedIn
Staff Report: C14-2024-0052 SR
DISTRICT: 3
Montopolis | 4.31 Acres | 149 Units | Reading: ① - ② - ③ | Postponed

The Vargas Mixed Use project, proposed by Jay Chernosky of Vargas Properties I LTD and Jayco Holdings I LTD, seeks to rezone 4.31 acres at 400 Vargas Road and 6520 Lynch Lane from GR-NP and LR-NP to CS-DB90-NP and LR-DB90-NP. The proposal aims to develop up to 149 multifamily units on the currently undeveloped site. The project is located within the Montopolis Neighborhood Planning Area, which has historically been an area of concern for gentrification and displacement.

The application has undergone several changes since its initial submission. Originally requesting CS-MU-NP and LR-MU-NP zoning, the developers amended their application to utilize the new DB90 combining district after its creation. A key aspect of the proposal is the request to waive the DB90 ordinance's ground-floor Pedestrian-Oriented Commercial Spaces requirement.

City Council 8/29/24

Postponed

The case has seen multiple postponements throughout its review process. On August 29, 2024, the City Council approved an applicant-requested postponement to October 10, 2024.

Owner: Jay M Chernosky Phone: (713) 647-7776 LinkedIn
Staff Report: C14-2022-0107 SR
DISTRICT: 3
Montopolis | 1.92 Acres | 76 Units | Reading: ① - ② - ③ | Postponed

The Montopolis-Fairway Mixed Use development, proposed by 3rd Angle Developments aims to rezone 1.92 acres from SF-3-NP & GR-NP to CS-DB90-NP. The project plans to create 76 residential units, with 10% (18 units) reserved for households at 50% MFI for 40 years under DB90 zoning. This aligns with Austin's push for increased housing in transit-oriented areas, as the site is near bus stops and within the Riverside Station Imagine Austin Corridor. The development is expected to generate 1,337 new daily trips, distributed across Montopolis Drive (50%), Fairway Street (40%), and Caddie Street (10%).

The case has sparked diverse reactions from planning commissioners and community members. Commissioner Grayson M Cox expressed concerns about the stark contrast between the proposed 90-foot development and surrounding single-family homes, suggesting alternatives like DB60 or DB75.

City Council 9/12/24

Postponed

The Planning Commission approved the GR-DB90-NP zoning on August 13, 2024. However, at the September 12, 2024 City Council meeting, the case was further postponed to October 24, 2024, due to neighborhood opposition.

Developer/Owner: 3rd Angle Developments, Joshua Brunsmann Phone: (512) 573-8804, Ben S Cobos Phone: (512) 478-1986
Staff Report: C14-2024-0015 SR
DISTRICT: 4
Highland | 3.08 Acres | 250 Units | Reading: ① - ② -  | Postponed

Urban Genesis' proposed 250-unit multifamily development on 3.08 acres at 5931 and 6003 1/2 Dillard Circle has sparked intense debate over Austin's new DB90 zoning category. The project, which seeks to rezone from CS-MU-V-CO-NP to CS-MU-V-CO-DB90-NP, would provide either 12% of units at 60% MFI or 10% at 50% MFI for 40 years.

City Council 8/29/24

Postponed

The project has faced significant opposition from neighbors concerned about its scale and proximity to single-family homes. At the August 29 City Council meeting, the case was postponed to September 26 at the request of the neighborhood.

Developer: Urban Genesis, Rick Atwood Phone: (281) 414-0102 Email: [email protected] LinkedIn, Nathaniel Lounsbury Email: [email protected]
Owner: R Cullen Powell Phone: (713) 256-0086 Email: [email protected] LinkedIn
Staff Report: C14-2024-0080 SR
DISTRICT: 4
University Hills/Windsor Park (Windsor Park) | 8.45 Acres | 550 Units | Reading: ① - ② -  | Approved

The East 51st Street and Cameron Road project, proposed seeks to rezone 8.46 acres from CS-V-CO-NP, CS-V-NP, and CS-1-V-NP to CS-V-DB90-CO-NP. The development aims to create a mixed-use space with 550 residential units, 40,000 square feet of retail, a 40,000 square foot grocer, and 150,000 square feet of office space. The proposal maintains a conditional overlay prohibiting certain uses like drive-through facilities, automotive services, and pawn shops.

City Council 8/29/24

Approved

The case was initially postponed at the July 18, 2024 City Council meeting to August 29, 2024, to allow consideration alongside other DB90 cases and a related code amendment, where the rezoning was approved on consent for all three readings. Council Member José "Chito" Vela highlighted the development's potential to transform "empty lots and abandoned buildings" into a vibrant mixed-use area with a grocery store, retail space, and housing units.

Owner: Danly Properties, Jonathan Saad Phone: (512) 219-7717 Email: [email protected] LinkedIn
Staff Report: C14-2024-0055 SR

Want the Full Picture?

This is Part 1 of DB90 Data. Our comprehensive Part 2 DB90 report dives deep into:

  • Detailed data analysis of over 30 DB90 deals

  • Exclusive insights from developers and city planners

  • In-depth look at community responses and concerns

  • Future projections for DB90's impact on Austin's real estate market

DB90 Data Part 2 will be available with Austin Ultraground One and Austin All-In plans only.

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