C20-2024-004B Fee-in-Lieu (FIL) Eligibility - Citywide Density Bonus
C20-2024-004B Fee-in-Lieu (FIL) Eligibility - Citywide Density Bonus
Amend City Code Title 25 (Land Development Code) to establish eligibility for the use of rental fee-in-lieu for projects participating in Section 25-2-656 (Citywide Density Bonus Combining Districts).
Background
Austin City Council adopted Ordinance No. 20260521-056 on May 21, 2026, creating the Citywide Density Bonus Program (DBC), and amending City Code Title 25 (Land Development Code) to create five new density bonus combining districts.
As part of adoption of the Citywide Density Bonus Program, City Council also approved an amendment by Council Member Qadri. This amendment directed the City Manager to return to City Council with a memorandum providing policy options and recommendations for implementing a fee-in-lieu (FIL) option for rental units in the Citywide Density Bonus Program, and an ordinance for action to apply said recommendations. Staff provided a memorandum with these recommendations on July 24, 2026. This item would modify chapter 25-2 of the Land Development Code to implement the staff recommendations.
Summary of Amendment
This amendment would establish eligibility requirements for use of the rental fee-in-lieu option. Properties within one-half mile of Austin Light Rail Phase 1 and priority extensions that utilize the Citywide Density Bonus Program will not be eligible to use fee-in-lieu and will be required to build income-restricted units onsite in order to fulfill the affordability requirements of the program. This one-half mile boundary aligns with the ETOD Boundaries map, which can be found below, and in Austin City Code Section 25-2, Appendix G.
Staff Contact
Warner Cook, warner.cook@austintexas.gov, 512-974-7220