§ 25-2-739. RAINEY STREET SUBDISTRICT REGULATIONS.

(A)

This section applies in the Rainey Street subdistrict of the WO combining district.

(B)

The primary setback lines are located:

(1)

150 feet landward from the Town Lake shoreline; and

(2)

50 feet from the Waller Creek centerline.

(C)

This subsection applies to property in the Rainey Street Subdistrict zoned central business district (CBD) after April 17, 2005.

(1)

For a building located on Red River Street from Cesar Chavez Street to Driskill Street or River Street from I-35 to River Street's western terminus, the development must have sidewalks not less than ten feet wide along the street frontage.

(2)

A use with a drive-in service is prohibited.

(3)

Except as provided in Subsection (C)(4) below, for a residential or mixed-use building the maximum building height is forty (40) feet.

(4)

An applicant may exceed the forty foot height limit and achieve a floor-to-area ratio of 8:1 if at least five percent of the square footage of dwelling units developed within that floor-to-area ratio of 8:1 is available to house persons whose household income is eighty percent or below the median family income in the Austin statistical metropolitan area, as determined by the director of the Neighborhood Housing and Community Development Office.

(a)

In meeting the five percent requirement, mixed-use projects shall provide on-site affordable housing in proportion to the amount of floor area in the project that is devoted to residential uses.

(b)

The affordability period for housing units shall be forty years for rental housing and ninety-nine years for on-site for sale housing. The affordability period begins on the date a certificate of occupancy is issued.

(c)

On-site affordable housing units offered for sale shall be reserved, sold, and transferred to an income eligible buyer subject to a resale restricted, shared equity agreement approved by the director of Neighborhood Housing and Community Development.

(d)

An applicant may not deny a prospective tenant affordable rental housing based solely on the prospective tenant's participation in the Housing Choice Voucher Program or in any other housing voucher program that provides rental assistance.

(e)

The bedroom count mix for the affordable units must be proportional to the overall bedroom count mix within an overall development.

(f)

A unit is affordable for purchase or rental if, in addition to the other requirements of this section, the household is required to spend no more than 30 percent of its gross monthly income on mortgage or rental payments for the unit.

(5)

Development in the Rainey Street Subdistrict may participate in the Downtown Density Bonus Program as provided below.

(a)

In order to achieve bonus area exceeding the floor-to-area ratio of 8:1 in the Rainey Street Subdistrict, development must comply with the requirements of Section 25-2-586 ( Downtown Density Bonus Program ) of the City Code. The requirements of the Downtown Density Bonus Program apply only to that portion of development that exceeds a floor-to-area ratio of 8:1.

(b)

The maximum height and maximum floor-to-area ratio that development in the Rainey Street Subdistrict may achieve by participating in the Downtown Density Bonus Program are shown on Figure 2 of Section 25-2-586 ( Downtown Density Bonus Program ) of the City Code.

(c)

The Neighborhood Housing and Community Development Office will conduct compliance and monitoring of the affordability requirements of this ordinance. The director of Neighborhood Housing and Community Development shall establish compliance and monitoring rules and criteria for implementing the affordability requirements of this ordinance.

Source: Section 13-2-702(d); Ord. 990225-70; Ord. 031211-11; Ord. 20050407-063; Ord. 20130523-106; Ord. 20140227-054, Pt. 2, 3-10-14 .