22 C20-2024-010 - UNO Update - Density Bonus Draft Ordinance — original pdf

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ORDINANCE NO. _________________ AN ORDINANCE AMENDING TITLE 25 (LAND DEVELOPMENT) OF THE CITY CODE ESTABLISHING REGULATIONS APPLICABLE TO A DENSITY BONUS PROGRAM UNIVERSITY NEIGHBORHOOD OVERLAY (DBUNO) ZONING AND REPEALING UNIVERSITY NEIGHBORHOOD OVERLAY DISTRICT REGULATIONS AND BOUNDARIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Section 25-2-179 (University Neighborhood Overlay (UNO) District Purpose and Boundaries), Division 9 (University Neighborhood Overlay District Requirements) of City Code Chapter 25-2, Subchapter C, Article 3, and Appendix C - University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, Height Limits, and Additional Height and Affordable University Neighborhood Overlay District Boundaries of Chapter 25-2 (Zoning) are repealed in their entirety, with section number, division number, and appendix designation, as referenced, reserved for future use. PART 2. Subsection (F) of City Code Section 25-2-32 (Zoning Districts and Map Codes) is amended to add new combining districts to read: (F) Combining districts and map codes are as follows: (25) density bonus university neighborhood overlay ….DBUNO PART 3. City Code Section 25-2-181 (Density Bonus Combining District Purpose) is amended to add a new Subsection (E) to read: § 25-2-181 DENSITY BONUS COMBINING DISTRICT PURPOSE. (E) DBUNO Combining District promotes high-density, pedestrian-friendly development in the area generally west of the University of Texas campus that: (1) provides quality, safe, and affordable living for all, especially students attending college and university, (2) preserves certain existing residential and non-residential uses, (3) modifies site development regulations, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Draft 5/9/2025 Page 1 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update1 of 2039 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (4) grants additional building height in exchange for income-restricted housing. PART 4. Division 5, Article 3, Subchapter C of City Code Chapter 25-2 (Zoning) is amended to add a new Section 25-2-656 to read: § 25-2-656 DENSITY BONUS UNO (DBUNO) COMBINING DISTRICT REGULATIONS. (A) The boundaries and subdistricts of the density bonus university neighborhood overlay (DBUNO) combining district are identified in Appendix H (DBUNO Boundaries and Subdistricts) of this chapter. (B) This section applies to a property with DBUNO zoning. (C) This section governs over a conflicting provision of this title or other ordinance. (D) Pre-Requisites. (1) To utilize the regulations described in Subsection (K) and the regulations in the applicable subdistrict, the site’s zoning must include density bonus university neighborhood overlay (DBUNO) combining district. (2) Unless otherwise identified, a site must comply with Subsections (H), to utilize the regulations described in Subsection (K) and the regulations in the applicable subdistrict. (3) (4) To preserve reserved dwelling units and existing non-residential spaces, an applicant must comply with City Code Chapter 4-18, Article 2 (Density Bonus and Incentive Programs) before applying for a building permit or site plan that relies on the regulations described in Subsection (K) and the regulations in the applicable subdistrict. In addition to pre-requisites, a development must comply with the applicable regulations for a subdistrict identified in Appendix H (DBUNO Boundaries and Subdistricts). (E) Combining District. (1) DBUNO may only be combined with a site located within the boundary designated by Appendix H (DBUNO Boundaries and Subdistricts). Draft 5/9/2025 Page 2 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update2 of 2080 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 (2) DBUNO may not be combined with a single-family (SF) zoning district. (F) Utilizing DBUNO means a site plan relying on regulations described in Subsection (K) and the regulations in the applicable subdistrict. (G) Affordability. In this article, (1) AFFORDABLE BEDROOM means a bedroom that is for lease in a dwelling unit and is reserved for an income-eligible household. (2) AFFORDABILITY MINIMUM means the minimum percentage of affordable units or affordable bedrooms owned or leased a development must provide. (3) AFFORDABLE OWNERSHIP UNIT means a dwelling unit that is for sale and is reserved for an income-eligible household. (4) AFFORDABLE RENTAL UNIT means a dwelling unit that is for lease and is reserved for an income-eligible household. (5) AFFORDABLE UNIT means an affordable ownership unit or an affordable rental unit. (6) (7) BONUS HEIGHT means the amount of height that exceeds the height allowed by the base zoning district. FEE IN-LIEU means an election to meet the affordability requirement without providing affordable units or affordable bedrooms onsite by paying a fee in-lieu to the University Neighborhood District Housing Trust Fund. At a minimum, the housing fee in-lieu shall be equivalent to 100 percent of the required percentage of the total affordable units and affordable bedrooms. The housing fee in-lieu shall be set by separate ordinance. The amount of housing fee-in-lieu due is determined using the fee schedule ordinance in effect at site plan submittal. (8) MFI means the Austin-Round Rock Metropolitan Statistical Area Median Family Income as determined by the director of the Housing Department. Draft 5/9/2025 Page 3 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update3 of 20120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 (9) MFI- HOME RENT LIMIT means for an affordable bedroom as established annually by the Texas Department of Housing and Community Affairs as determined by the director of the Housing Department. (H) Affordability Requirements – Dwelling Units. If an applicant develops dwelling units this subsection applies. (a) To utilize bonus height or to utilize a development standard under DBUNO that is not height-related, a development must provide the affordability minimum. (b) The affordability minimum is established by subdistrict. (I) Existing Non-Residential Spaces. (1) In this subsection, (a) CREATIVE SPACE means a use described in Chapter 25- 2 (Zoning) that allows one or more of the following occupancies: (i) art gallery; (ii) art workshop; (iii) cultural services; (iv) performance venue; or (v) theater. (b) EXISTING NON-RESIDENTIAL SPACE means a: (i) (ii) adult care services use (general or limited) that has operated for a minimum of 12 continuous months; child care services use (general or limited) that has operated for a minimum of 12 continuous months; (iii) cocktail lounge use that has operated for a minimum of 10 continuous years; Draft 5/9/2025 Page 4 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update4 of 20161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 (iv) (v) (vi) creative space use that has operated for a minimum of three continuous years; food sales use that has operated for a minimum of 10 continuous years with a gross floor area of 20,000 square feet or less; or small format use that has operated for a minimum of five continuous years with a gross floor area of 5,000 square feet or less. (c) SMALL FORMAT USE means a use described in Chapter 25-2 (Zoning) that allows one or more of the following occupancies: (i) general retail sales; (ii) personal services; (iii) restaurant (general or limited). (2) (3) If a site includes an existing non-residential space, the proposed development must replace each existing non-residential space with a space that is comparable in size for a period of 5 years. This subsection establishes an existing non-residential space subject to Division 2 (Redevelopment Requirements), Article 2 of City Code Chapter 4-18. (4) A non-conforming use is not discontinued or abandoned under Section 25- 2-945 (Abandonment of Nonconforming Use) if the non-conforming use qualifies as an existing non-residential space and is required to be replaced under this subsection. (J) Permitted and Conditional Uses. (1) The following uses are permitted on a property utilizing DBUNO: (a) (b) (c) residential uses; a local use as defined in this section; and unless specifically prohibited or made conditional in this section, Draft 5/9/2025 Page 5 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update5 of 20199 200 201 202 203 204 205 206 207 208 209 uses permitted by the zoning that applies to the property. (2) The following uses are prohibited on a property utilizing DBUNO: COMMERCIAL USES: Agricultural Sale and Services Automotive Sales Automotive Rentals Automotive Repair Services Building Maintenance Services Campground Carriage Stable Convenience Storage Drop-off Recycling Collection Facility Electronic Prototype Assembly Electronic Testing Equipment Repair Services Equipment Sales Exterminating Services Funeral Services Marina Recreational Equipment Maintenance & Storage Recreational Equipment Sales Research Assembly Services Research Testing Services Research Warehousing Services Scrap and Salvage Service Station Stables Vehicle Storage INDUSTRIAL USES: Basic Industry General Warehousing and Distribution Recycling Center Resource Extraction AGRICULTURAL USES: Animal Production Crop Production Indoor Crop Production (3) Uses which are conditional by the zoning district that applies to the property are conditional uses on a property utilizing DBUNO. (4) The following uses are additional conditional uses of a property utilizing DBUNO: COMMERCIAL USES: Alternative Financial Services Automotive Washing Bail Bond Services Commercial Blood Plasma Center Commercial Off-Street Parking Communications Services Construction Sales and Services Kennels Monument Retail Sales Draft 5/9/2025 Off-Site Accessory Parking Pawn Shop Services Pedicab Storage and Dispatch Special Use Historic INDUSTRIAL USES: Custom Manufacturing Light Manufacturing Limited Warehousing and Distribution AGRICULTURAL USES: Horticulture Page 6 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update6 of 20210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 (5) In this section, a local use includes: (a) administrative and business offices; (b) art gallery; (c) art workshop; (d) business and trade school; (e) consumer convenience services; (f) consumer repair services; (g) counseling services; (h) custom manufacturing; (i) (j) cultural services; child care services (general or limited); (k) adult care service (general or limited); (l) financial services; (m) food preparation, in conjunction with food sales, (n) restaurant (general or limited); (o) food sales; (p) general retail sales (convenience or general); (q) guidance services; (r) indoor sports and recreation; (s) medical offices (not exceeding 5,000 square feet gross floor area); (t) performance venue; Draft 5/9/2025 Page 7 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update7 of 20251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 (u) personal improvement services; (v) personal services; (w) pet services; (x) postal services; (y) printing and publishing services; (z) professional office; (aa) religious assembly; (bb) theater; and (cc) a conditional use in the base zoning district previously approved for use by the Land Use Commission. (6) A local use may not include a drive-through facility. (7) The maximum number of floors that can include local uses is two. (K) Development Standards. (1) A development must comply with Article 2 (Site Development Standards), Article 3 (Building Design Standards) in Subchapter E (Design Standards and Mixed Use) except when those provisions conflict with this section, and with design guidelines adopted by administrative rule. (2) (3) In this article, OCCUPANT SPACE means space in a building that is not a parking facility or a mechanical facility. In this article, STREET WALL AREA means the portion of an exterior wall of a building adjacent to a public street other than an alley and accessible from a pedestrian path that extends from the base of street level. (4) The maximum height of a street wall area is: (a) 65 feet; or Draft 5/9/2025 Page 8 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update8 of 20292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 (b) for an accessory parking structure, to a maximum height of two stories. (5) At least 42 percent of the street wall area of a building must contain occupant space. The maximum number of floors that can include local uses is two. (6) A building or a solid masonry wall that is at least six feet high is required between a public or common open space and the property that triggers the compatibility standards. (7) Building Wall Height. (a) An exterior building wall that faces a street must be a minimum of 24 feet in height. (b) Any portion of an exterior wall adjacent to a street other than an alley reaching 65 feet in height must stepback a minimum of 12 feet from the property line. (c) A parapet may not extend more than five feet above the 65-foot stepback. (8) This subsection prescribes requirements for the ground floor of a building, including a parking garage: (a) The ground floor must include occupant space along not less than 75 percent of the net length of street frontage. Net length of street frontage is calculated by determining the cumulative length of the building at ground level adjacent to each street other than an alley, and then deducting the cumulative width of driveways, exit stairs, elevators, and utility equipment space. (b) For a site with frontage on more than one street, driveways, exit stairs and elevators must be located on a street that runs north and south, unless the director of the Planning Department determines that those features cannot reasonably be located along that street. (c) The ground floor of a building may not be more than five feet higher or lower than an adjacent public street sidewalk. This does not apply to the ground floor adjacent to an alley. Draft 5/9/2025 Page 9 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update9 of 20 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 (d) (e) The minimum distance between the finished ground floor of the building and the structural portion of the ceiling is 10 feet. The minimum depth of occupant space is 18 feet, measured from the outside face of the front exterior wall to the outside face of the rear interior wall. (9) Screening Requirements. Utility equipment, mechanical equipment, solid waste collection areas, loading docks, truck parking, outdoor storage, trash collection, trash compaction and other service functions: (a) are prohibited in the area between a building and a street; (b) must not be visible from a street, adjacent property line, and the property line on the far side of an adjacent public street; (c) must be screened or located in a public alley; (d) Above-ground parking must be screened so that vehicles are concealed from view from a public street or adjacent property; and (e) Screening materials shall be the same as, or of equal quality to, material used for the principal building. (10) This subsection applies to a site with frontage on an alley 20 feet or more wide. (a) A transformer room or utility vault must be located adjacent to and accessible from the alley. (b) A pump room, sprinkler room, or other utility or mechanical room must be adjacent to and accessible from the alley unless an alternative location is required by the Austin Fire Department. (11) Multifamily Residential Use. (a) A minimum of two percent of the dwelling units must be accessible for a person with a hearing or visual disability. (b) A minimum of 10 percent of the dwelling units must be accessible for a person with a mobility impairment. Draft 5/9/2025 Page 10 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update10 of 20374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 (c) All ground floor residential units must be adaptable for use by a person with a disability and accessible by a person with a disability from the on-site parking, pedestrian path, and common area building facilities. (d) A multistory building containing residential use must be served by an elevator, unless: (i) (ii) 25 percent of the residential units within the multistory building are located on the ground floor; or five percent of the residential units within the multistory building with less than 20 residential units are located on the ground floor. (e) Except as modified by this section, a site with a residential base zoning district shall follow development standards applicable to the site’s residential base zoning district and the residential use. (12) Parking. (a) A development is limited to 40 percent of spaces previously required by Appendix A – (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) of Chapter 25-6 (Transportation). (b) A development is limited to 60 percent of spaces previously required by Appendix A – (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) of Chapter 25-6 (Transportation) if 50 percent of the parking is located in an underground facility. (13) Bicycle Parking. (a) A development shall provide the greater of (i) five spaces, or (ii) spaces equal to 15 percent of the proposed motor vehicle parking spaces. Draft 5/9/2025 Page 11 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update11 of 20415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 (14) Streetscape Improvements. (a) Street Trees. (i) must be spaced to create a nearly contiguous canopy when the trees reach maturity; (ii) must be in scale with the adjacent building; (iii) must have a tree grating; and (iv) shall be installed at-grade. (b) Street Furnishings and Pedestrian-scale Lighting. (i) a development must provide benches, bike racks, and trash receptacles along each adjacent street or right-of-way. (c) (d) (ii) a development must provide pedestrian-scale lighting. The director of the Planning Department shall adopt administrative rules prescribing the requirements for tree planting and maintenance and the provision of pedestrian- scale lighting and street furnishings. The director of the Transportation and Public Works Department shall adopt administrative rules prescribing the minimum widths of pedestrian zones. (L) Setbacks. (1) Except as provided in this subsection, there are no minimum front yard or street side yard setbacks. (a) (b) the maximum front yard and street side yard setbacks are 10 feet for a public plaza or private common open space. there are no maximum front yard or street side yard setbacks for a pedestrian entry court or an outdoor café. (2) No minimum or maximum interior side yard setback. Draft 5/9/2025 Page 12 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update12 of 20 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 (3) No minimum or maximum rear yard setback. (4) A building must be at least 12 feet from the front face of the curb of the adjacent street and at least 30 feet from the centerline of the adjacent street. (5) If the width of the right-of-way is less than 60 feet, the minimum front yard setback for a building with three or more stories in height shall be 30 feet from the centerline of the street. (M) Tower Spacing. (1) A 40 foot building step-back above 120 in height is required from existing building above 120 feet in height; or (2) A 20 foot building step-back above 120 in height is required from a site with a zoning district allowing a maximum building height greater than 120 feet. (3) On a lot with primary street frontage of less than 100 feet the maximum building coverage is 65 percent for portions of a building above 120 feet in height. (N) A site is not required to comply with the base zoning district's: (1) minimum site area requirements (if applicable); (2) maximum floor area ratio; (3) maximum building coverage; (4) Article 9 (Landscaping); (5) Private Common Open Space requirements in Subchapter E (Design Standards and Mixed Use) (O) Section 1.4 (Minor Modifications) and Section 1.5 (Alternative Equivalent Compliance) in Subchapter E apply to a site developed under this section. (P) Transit Core Subdistrict Regulations (Subdistrict 1). Affordability Minimum- Tier 1 Draft 5/9/2025 Page 13 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update13 of 20498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 (1) To utilize up to 240 feet in bonus height or to utilize a development standard under DBUNO that is not height-related, a development must provide: (a) (b) a minimum of 10 percent of the residential units as affordable units to households earning 50 percent or less MFI; or a minimum of 20 percent of bedrooms as affordable bedrooms to households earning 50 percent or less MFI- Home Rent Limit. Affordability Minimum- Tier 2 (2) To utilize more than 240 feet in bonus height a development must satisfy the affordability requirement in Tier 1 and shall: (a) (b) provide an additional 5 percent of residential units above the 240 feet of bonus height as affordable units to households earning 50 percent or less MFI; or provide an additional 10 percent of bedrooms above the 240 feet of bonus height as affordable bedrooms to households earning 50 percent or less MFI- Home Rent Limit or pay fee in-lieu of this additional bedroom requirement. (3) A building may exceed the maximum building height in the base zoning district by 540 feet except that no building may exceed 600 feet in height. (4) Hotel-motel use is a permitted use on a site utilizing DBUNO if permitted by the zoning district that applies to the property. (5) For a hotel-motel use to utilize a bonus height or utilize a development standard under DBUNO the development shall provide hotel-motel use fee in-lieu to the University Neighborhood District Housing Trust Fund for 100 percent of hotel-motel use. The hotel-motel use fee in- lieu shall be set by separate ordinance. The amount of hotel-motel use fee-in-lieu due is determined using the fee schedule ordinance in effect at site plan submittal. (6) Impervious coverage maximum shall be 100 percent. Draft 5/9/2025 Page 14 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update14 of 20539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 (7) An above-ground parking garage structure may not exceed 3 stories. (8) In addition to affordability minimum, unless at least 50 percent of the residential units are an affordable unit or affordable bedroom, a building may only utilize the regulations described in Subsection (J) by satisfying one additional requirement in this subsection 7. (a) Transit Supportive Infrastructure. (i) In this subsection, TRANSIT SUPPORTIVE INFRASTRUCTURE includes appurtenances, facilities, and amenities related to a transit system project as defined in Ordinance No. 20221115-048. (ii) An applicant must submit a written request to the Director of Transportation and Public Works Department to provide transit supportive infrastructure. (iii) If the applicant proposes transit supportive infrastructure that serves a community benefit, the Director of Transportation and Public Works must approve a request. (iv) Before approving a request to provide transit supportive infrastructure, the Director of Transportation and Public Works must adopt rules under Chapter 1-2 (Administrative Rules) that establish when transit supportive infrastructure serves a community benefit. (b) Green Roof. A site with a minimum building coverage of 4000 square feet shall comply with Vegetative Roof Performance standards as outlined in Environmental Criteria Manual Appendix W – Vegetated (“Green”) Roof Performance Standards. (c) Grocery Store. A site shall contain a food sale use, limited to a grocery store, satisfying the following requirements. (i) provide pedestrian access on the ground floor of the building; and (ii) provide a minimum gross area of 2,500 square feet Draft 5/9/2025 Page 15 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update15 of 20 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 (d) Water Reuse System. Each building shall provide an onsite water reuse system described in Section 25-9-414 (Onsite Water Reuse System Requirement). An option to pay fee in-lieu established in Chapter 25-9 may not be used. (e) Pedestrian-Oriented Local Uses. (i) (ii) In this subsection, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E. Pedestrian-Oriented Local Use. At least 75 percent of the building frontage along the principal street and on the ground floor of a building must contain one or more local uses and must comply with the dimensional requirements found in Section 4.3.3.C in Subchapter E (Design Standards and Mixed Use). A lobby serving a use other than a pedestrian-oriented local use is not counted as a pedestrian- oriented local use. (iii) Limitation on Mix of Uses For a Building Containing Residential Uses. 1. 2. 3. 4. The maximum number of floors that can include non-residential uses is two. A cocktail lounge or performance venue may only be located on the first and second story of the building. A residential use may not be located below a cocktail lounge or performance venue. An on-site amenity is a residential use when provided solely for use by occupants, or occupants’ guests. (Q) Inner West Subdistrict Regulations (Subdistrict 2). Affordability Minimum- Tier 1 (1) To utilize 240 feet in bonus height or to utilize a development standard under DBUNO that is not height-related, a development must Draft 5/9/2025 Page 16 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update16 of 20621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 provide: (a) (b) a minimum of 10 percent of residential units as affordable units to households earning 50 percent or less MFI; or a minimum of 20 percent of bedrooms as affordable bedrooms to households earning 50 percent or less MFI- Home Rent Limit. Affordability Minimum- Tier 2 (2) To utilize more than 240 feet in bonus height a development must provide the affordability minimum required in Tier 1 and shall: (a) (b) provide an additional 5 percent of residential units above the 240 feet of bonus height as affordable units to households earning 50 percent or less MFI; or provide an additional 10 percent of bedrooms above the 240 feet of bonus height as affordable bedrooms to households earning 50 percent or less MFI- Home Rent Limit or pay fee in-lieu of this additional bedroom requirement. (3) A building may exceed the maximum building height in the base zoning district by 360 feet except that no building may exceed 420 feet in height. (4) An above-ground parking garage structure may not exceed 3 stories. (5) Impervious coverage maximum shall be 100 percent. (6) In addition to affordability minimum, unless at least 50 percent of the residential units are an affordable unit or affordable bedroom, a building may only utilize the regulations described in Subsection (J) by satisfying one additional requirement in this subsection 5. (a) Green Roof. A site with a minimum building coverage of 4000 square feet shall comply with Vegetative Roof Performance standards as outlined in Environmental Criteria Manual Appendix W – Vegetated (“Green”) Roof Performance Standards. Draft 5/9/2025 Page 17 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update17 of 20 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 (b) Grocery Store. A site shall contain a food sale use, limited to a grocery store, satisfying the following requirements (i) provide pedestrian access on the ground floor of the building; and (ii) provide a minimum gross area of 2,500 square feet (c) Water Reuse System. Each building shall provide an onsite water reuse system described in Section 25-9-414 (Onsite Water Reuse System Requirements). An option to pay fee in-lieu established in may not be used. (d) Pedestrian-Oriented Local Uses. (i) (ii) In this subsection, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E. Pedestrian-Oriented Local Use. At least 75 percent of the building frontage along the principal street and on the ground floor must contain one or more local uses and must comply with the dimensional requirements found in Section 4.3.3.C in Subchapter E (Design Standards and Mixed Use). A lobby serving a use other than a pedestrian-oriented local use is not counted as a pedestrian-oriented local use. (iii) Limitation on Mix of Uses. 1. 2. 3. 4. The maximum number of floors that can include non-residential uses is two. A cocktail lounge or performance venue may only be located on the first or second story of the building. A residential use may not be located below a cocktail lounge or performance venue. An on-site amenity is a residential use when provided solely for use by the occupant, or the occupant's guests. Draft 5/9/2025 Page 18 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update18 of 20702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 (R) Outer West Subdistrict Regulations (Subdistrict 3). (1) Affordability Minimum- Affordable Units. (a) To utilize 30 feet in bonus height or to utilize a development standard under DBUNO that is not height-related, a development must provide: (i) (ii) a minimum of 10 percent of the residential units as affordable units to households earning 50 percent or less MFI; or a minimum of 20 percent of the bedrooms as affordable bedrooms to households earning 50 percent or less MFI- Home Rent Limit. (2) A building may exceed the maximum building height in the base zoning district by 30 feet except that no building may exceed 90 feet in height. (3) (4) Street Furnishings are not required on sites with less than 150 feet cumulative street frontage. Impervious coverage maximum shall be 90% or the maximum Impervious coverage allowed in the base zoning district, whichever is greater. (5) An above-ground parking garage structure may not exceed 2 stories. PART 5. Chapter 25-2 (Zoning) is amended to add a new Appendix H (DBUNO Boundaries and Subdistrict Map) attached to this ordinance as Exhibit “A”. PART 6. References made to University Neighborhood Overlay (UNO) District in City Code Title 25 (Land Development) and Section 12 Building Criteria Manual (BCM) shall include density bonus university neighborhood overlay (DBUNO) combining district. PART 7. This ordinance takes effect on _________________________, 2025. Draft 5/9/2025 Page 19 of 19 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update19 of 20EXHIBIT "A" Working Draft - Subject to Change22 C20-2024-010 - UNO Update20 of 20