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Does Austin Need A Market For Air Rights?

Jude Galligan | November 29, 2016 |

I’m not talking fresh air.  I’m talking about the  municipal zoning  God given right to build to the heavens.

The recent plan for 3rd & Colorado – a residential tower that I’m excited to see more of, if not disappointed that it isn’t taller – reminded me of a policy discussion that lost steam a few years back focused on preservation of the Warehouse District.  Back in 2009 influencers with a preservationist slant vocalized concern that the charm of the Warehouse District would eventually lead to its demise unless measures were taken to limit height and density in the district.

Proposed Warehouse District (2009)
Proposed Warehouse District (2009)

Back then, one of the recommended approaches to preservation was facilitating the Transference of Development Rights (TDR), aka. “air rights.”  That seemed like a smart way to handle preservation of low-rise historic-ish buildings sitting on highly desired CBD building sites.  Creating a market for air rights in Austin would, in theory, enable property owners to capture the value of their dirt, without having to build on the site, thus able to preserve historic buildings.

Transferring Development Rights (aka "Air Rights") to facilitate preservation and density.
Transferring Development Rights (aka “Air Rights”) to facilitate preservation and density.  Image via nyc.gov

The topic was dropped in 2011 when the Downtown Austin Plan (DAP) was formally adopted featuring a “density bonus” program.   Recently, I’ve been participating in the DAA’s CodeNEXT task force, and we’re discussing policies that would encourage building tall on small CBD sites, notably sites that are mid-block.  With CodeNext happening, this seems like a good time to rekindle the discussion.

Why would a builder want to buy air rights?

  1. additional density
  2. protect views

Why would a property owner want to sell air rights?

  1. property is too small, oddly shaped, or mid-block thus more difficult to develop
  2. capture value without having to redevelop

Why would a city want to permit air rights to be transferred?

  1. additional density
  2. encourage more development on smaller lots
  3. historic preservation

That last question is the one I can’t reconcile completely.  The City of Austin uses the Density Bonus program to subsidize affordable housing.

Would an air rights market, in its simplest form, circumvent those fees-in-lieu [of building affordable housing] from being collected?   [Read more…] about Does Austin Need A Market For Air Rights?

Filed Under: downtown austin

Windfall – Villas on Town Lake is being sold

Jude Galligan | June 22, 2016 |

Downtown Austin’s Villas on Town Lake condos home owners’ association (HOA) will agree to sell the entire property – comprised of 57 individually owned condos – to The Sutton Company, who beat out a handful of bidders.  More than one source close to the deal has rumored the amount of the offers [plural] were in the ballpark of $50,000,000.

This is exceptionally interesting because we normally expect to see development activity on surface parking lots, or on an assemblage of adjacent parcels.  The Villas is a fully occupied condominium!  This means there are multiple owners, strong personalities, and diverse motivations.  Corralling everyone into agreement is a herculean task.

What’s so special about the Villas?

Villas on Town Lake
Villas on Town Lake

Situated along Waller Creek, the Villas on Town Lake condominium is one of downtown Austin’s older mid-rise residential buildings.  Villas is a modest, courtyard-style, community, built long before the Rainey Street neighborhood became a “district.”

Most importantly, Villas On Town Lake is coveted for its location.

The site is one of downtown Austin’s most desirable.  With only city-owned park land between it and Lady Bird Lake, if Villas were to be razed and rebuilt as a tower, it would deliver views of the lake and hill country, with adjacent access to Waller Creek, Lady Bird Lake, and the hike & bike trail.  The site is not encumbered by Capitol View Corridors and has CBD zoning.

Villas vitals:

  • Located at 80 Red River Street, Austin, TX 78701
  • Built in 1982
  • Number of units = 57
  • Total Square Feet (private, conditioned) = 65,791
  • Total Square Feet (including Common) = 99,770
  • Average unit size = 1,154 ft
  • 80% of air-conditioned area = 52,631.2 ft (appox: 46 units)
  • 80% of Total Area = 79,816 ft

How does this happen?

Property rights in Texas are such that a condominium association can dissolve itself.  When this happens ownership reverts to a single parcel with tenancy in common, and proceeds from a hypothetical sale are distributed based on percentage of ownership.  The HOA can sign deeds of units that have not volunteered to sell.

(I welcome comments from real estate attorneys who can shed light on the mechanics of this.)

Years ago the Villas HOA had the foresight to realize the market would eventually grow to a point where the modest condo community was no longer the best use of the land.  In 2006, the Villas HOA revised their bylaws to allow 80 percent of the Villas ownership could vote to dissolve the entire HOA.  This change paved the way for a deep pocketed buyer to buy the whole shebang with only 80% of the owners needing to agree.

In September of last year, the Villas HOA issued a Request for Proposals from development groups.  Groups like World Class Capital are rumored to have been among the bidders.  The winning bidder, The Sutton Company, is one of Austin’s most prolific developers, responsible for several downtown Austin condo projects, including: Plaza Lofts, Avenue Lofts, Brazos Lofts, and the 5 Fifty Five.  They also assembled the land for the Millennium Rainey, and are developing the land adjacent to the Villas as Waller Park Place.

Is it a good deal?  

Yes, it is, for both buyer and seller.

If the rumored $50,000,000 is close to the purchase price, then the average price per foot of “saleable” space is $759/ft!!  Based on the average unit size, were someone to try and accumulate control of 46 units – the number I estimate required to gain 80% control of the Villas – would take approximately 14 years to do based on historic sales velocity.

Accelerating 14 years of effort requires offering a premium to market right now; however, the winning bidder also owns the adjacent property and can reasonably expect to recoup that premium.

Villas on Town Lake - History of Sales
Villas on Town Lake – History of Sales

Per the MLS, 63 units have sold at the Villas since the summer of 1997.  In 1997, market price for a typical condo at Villas on Town Lake was ~$100 per foot.  Now, imagine for a minute that you’re an owner at Villas back in 1997 and a someone approached you saying, “I will pay you double the market rate, $200 per foot!”  Most reasonable people would agree to less than double the market rate from an unsolicited offer.  If anyone wants to pay me twice market value for my place… I’m ready to talk!

The most recent sales record we have for a one bedroom at Villas was from March 2015, when a 675 sf condo sold for $279,000.  So, if the rumored amount of the winning bid – $50,000,000 – is close to accurate and proceeds are distributed by square foot, then that same built-in-1982 Villas one-bedroom may be closing for $512,325.  That’s a windfall.

Kudos to the Villas for getting it.

~ Jude

Filed Under: development, Downtown Austin Districts, Downtown Austin lofts, condos, apartments, Rainey Street District, Real Estate, waller creek

Downtown Austin News Bites

AG | March 31, 2016 |

Fareground Austin Making Progress

Fareground Austin – Michael Hsu Office of Architecture

The renovation / remodel of the plaza in front of 111 Congress Avenue, being branded as Fareground Austin,  has been underway since last year, and things seem to chugging right along. The project has received loads of press in all the major news outlets and recently unveiled new renderings and announced an operator of the restaurant concepts that will be housed there.

Fareground Austin has utilized local talent for many aspects of the project, including dwg, Michael Hsu Architecture, lookthinkmake, and ELM Restaurant Group, among others.

Parkway Properties took full ownership of 111 Congress and San Jacinto Center last year and both properties have received / are receiving exterior improvements.

New Co-Working Space at San Jacinto Center

Rendering courtesy of Techspace's Facebook Page
Techspace coworking in downtown Austin

Another big player in the co-working vertical comes to the CBD.  We’ve written about other spaces before, and TechSpace seems to fit right in with the crowd, offering 28,0000 sf of flex co-working in a modern setting – perfect for small business enterprise.

New Juice Shop at 603 Brazos

Juicing _ Flickr - Photo Sharing
Courtesy Flickr: bertholf, https://goo.gl/zr4y0a

A permit is currently under review for a new juice shop to take over 820 sf of ground floor space at 603 Brazos (across from The Driskill and also referred to as 200 E 6th).  The concept will be named Jugo.  No other information as of now, but we’re definitely in support of the general concept!

Application Filed for Demolition of Austin City Music Hall

third-and-shoal-downtown-austin-real-estate
Third + Shoal tower to replace Austin Music Hall

It’s looking to be imminent: Austin Music Hall is out, and Third + Shoal is in.  The demolition permit was filed a couple of weeks ago, and is still pending, but Third + Shoal is pushing forward and putting out some nice marketing.  Check out the “preview book” by clicking on the image above.

Rainey Street District Gets Dry-Cleaning Service

one-click-cleaners-rainey-downtown-austin
New downtown Austin dry cleaner

As Rainey continues to grow, so do the neighborhood services options!  Recently, a neighborhood dry-cleaning service opened, One-Click Cleaners.  Welcome to the neighborhood, One-Click Cleaners, and we’re looking forward to seeing more resident-centric operators come to Rainey!

Filed Under: downtown austin

Tall Downtown Towers Bankroll Austin

Caleb Pritchard | January 15, 2016 |

At some point you have have sympathy for the cats who have to build the iconic set on KLRU’s Austin City Limits. During the show’s first two or three decades, the two-dimensional backdrop featuring Austin’s skyline didn’t require a whole lot of tweaks. But since the turn of the millennium, it seems that just about every other week a new tower rises over Bat City’s central core, sending the ACL crews back to the lumber yard in order to keep up.

After the official groundbreaking of The Independent condos on Monday, those poor souls will soon have their work cut out for them yet again. The 58-story residential tower will soon rise in its singular disjointed fashion as the brand new centerpiece of the downtown Austin skyline. Dubbed the “Jenga building” for the eye-grabbing way that it jukes and jives from the top of its parking plinth to the high heavens above, The Independent will be — as its developers are quick to remind you over and over and over again — the tallest residential building west of the Mississippi (And according to my own half-assed research, it may well also be the tallest one east of the Yangtze. Top that, Navy Town, Alaska!).

Yours truly had the fine privilege of crashing the groundbreaking party on Monday afternoon at W. 3rd Street and West Avenue. The crisp weather didn’t deter a crowd of well over a hundred people from packing into the large fenced off area just beneath the almost-finished Seaholm Residences building. It’s a testament to the explosive growth of Downtown that one can stand on the future site of a major high-rise, do a full 360-degree twirl, and not see a single building old enough to be know how to tie its own shoes yet.

turning dirt 2

Monday’s affair was part-groundbreaking for this single project and part pep rally for Downtown Austin as a whole. In fact, it almost came off as a sort of quinceanera/coming-out ball for modern Downtown: The growth spurt is at full speed and maturity is finally at hand.

Mega-developer Perry Lorenz, who has a hand in The Independent, presided over the speechifying part of the ceremony and introduced former Mayor Kirk Watson as the visionary leader who helped turn Downtown from a low-rise, dusty pancake of government offices and industrial wastelands into the vibrant-if-slightly-pubescently-awkward urban neighborhood it is today.

For his part, Watson — and this may shock you, dear reader — did not demur from the praise. “We said we were going to change the way Downtown looked because it would make a difference in our way of life and it would make a difference in our economics and it would make a difference in our tax base,” Watson, in his folksy, ebullient manner, drawled. “We didn’t have very many people living Downtown. One of the things we wanted to do was send a message to the private sector that we were serious about this.”

Watson framed The Independent as a sort of culmination of those efforts. “Not only are seeing the fruition of that vision, but we’re making history by building something this big, this neat, this cool.”

And big, neat, and cool it is! Say what you will about the arresting design (Watson, a noted non-architect, said it looks “like a Lego project gone wild.”), but give it a few bonus points for defying the cream-and-blue-glass trend of its immediate neighbors. A downtown skyline is essentially the physical manifestation of an entire city’s face, a window into its soul if you will. New York City is as timeless and commanding as the Empire State Building. Houston is as bland, lazy, and inexplicably large as the JPMorgan Chase Tower. And Dallas… well… Dallas’ most prominent landmark is a giant money-colored phallus, so God bless ’em.

Here now in Austin, we’ll soon see a weird tower with unusual, possibly stoned posture just sort of lounging around and soaking the sun by Lady Bird Lake. It will be that hippie-meets-yuppie combo of old-school militant individualism and the new go-go era of tech-money urbanism. And unlike those other cities, Austin’s largest structure will be made up of homes, not offices that are abandoned for the suburbs after 5 p.m. An asinine writer might even go so far to suggest that The Independent’s most towering statement is that Downtown Austin is for l-i-v-i-n, man.

turning dirt

Further proof of that is seen in the extended list of other residential developments that have preceded The Independent in recent years in the southwestern section of Downtown near Shoal Creek. That club includes Spring condos, 360 Condominiums, Seaholm Residences, the Bowie, 5th and West, two or three of the various Amlis, the Monarch, and several more whose names I don’t have on instant or even gradual recall in my brain. The Independent is merely the latest step in the long march towards former Mayor Will Wynn’s pie-in-the-sky-for-its-time goal of getting Downtown’s population up to 25,000 residents. Granted, we’ve passed Wynn’s deadline for that goal last year, but if any of the predictions I made ten years ago came true, the War in Afghanistan would be over, cell phone cameras would be as laughable as New Coke, my journalism degree would have secured me reliable employment in a stable industry, and Sean Penn would be interviewing billionaire cartel kingpins for Spin magazine. So you see how perilous the field of prognostications can be.

The Independent is also a stellar example of how Downtown essentially bankrolls the rest of the city.

Mayor Steve Adler, who has a remarkable ability to cater his message to the audience at hand, told the crowd on Monday that Downtown is the “the city’s piggy bank in a very real sense.” To wit: The Independent, Adler said, will be worth a grand total of $18 million to the city’s affordable housing trust fund.

As the mayor explained, “That’s the equivalent of going to the voters in the city of Austin and asking for their approval in a bond election.”

turning dirt 3

I try not to let stuff like that go to my head, but it’s awfully hard not to feel proud about my neighborhood essentially bankrolling the rest of the city. The large-scale densification from Rainey Street over to North Lamar has set the template for a true urban neighborhood where car ownership is an option rather than a necessity. The Independent will stand as the slightly awry exclamation point to Watson’s vision and the efforts of so many others who have worked to make it a reality. And if its likeness does make it onto the set of a certain long-running live music program on public television, it will serve as a reminder that behind the creative culture of this city stands the dynamic economic energy of an emerging urban success story.

Filed Under: downtown austin

Signals of progress at Waller Park Place

Jude Galligan | November 30, 2015 |

Small signals are often precursors of BIG news.

This past weekend, fencing was observed being erected around the site of Waller Park Place, the largest private development ever proposed in downtown Austin.  Demolition permits were issued back in August for the vacant structures along Red River Street.  The new fencing is a sure sign that site prep is about to begin.

The 3 acre site in the Rainey Street District stretches from Cesar Chavez to Davis Street, hugging the eastern bank of Waller Creek along the way.

-Jude

waller-park-place-demolition-signal2

waller-park-place-demolition-signal1

 

Proposed three-tower Waller Park Place at Red River & Cesar Chavez

Filed Under: austin condos, development, downtown austin, Rainey Street District, waller creek

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