(3) Dimensional Standards.

Open air parking shall not be included in the maximum occupied area measurement, provided that all structures that include a Multi-Family Household Living use must meet the conditions of § 14-702(16) (Green Roof), subsections 14-702(16)(a)(.1) through 14-702(16)(a)(.6).

(4) Eligibility for Bonuses.

(a)   Notwithstanding the provisions of § 14-702(7)(c)(.1), properties within the RMX-2 district may earn and take advantage of the floor area bonuses offered by § 14-702(7) (Mixed Income Housing) under both the low-income and moderate-income standards, provided that:

(.1)   All lots within the RMX-2 district that include a Multi-Family Household Living use shall meet the requirements of subsection (2), above;

(.2)   The additional gross floor area earned under the bonus shall be applied as a percentage of the RMX-2 district area, rather than a percentage of the lot area; and

(.3)   The bonuses shall not be earned multiple times within the RMX-2 district.

(b)   No bonus shall be earned for meeting green roof requirements of subsection (3), above.

(5) Parking and Loading.

The following shall be exempt from the requirements of § 14-803(4)(a)(.5) (Vehicle Access Points) and subsection (.a) of § 14-803(4)(b)(.1) (Vehicle Access Points):

(a)   Curb cuts solely intended to access parking accessory to a Safety Services use; and

(b)   One curb cut that provides access both to accessory parking spaces located in a parking garage and to one or more off-street loading spaces.

§ 14-528. /TSO, 30th Street Overlay District. 573

 

Notes

573	Added, Bill No. 200602 (approved January 27, 2021). Enrolled bill numbered this as § 14-526; renumbered by Code editor.

(1) Applicability.

The 30th Street Overlay District shall apply to Residential House Projects on lots within the CMX-5 zoning district located within the area bounded by Chestnut Street, 30th Street, Walnut Street, and 31st Lower Level Street.

(2) Definition of a Residential Housing Project.

For the purposes of this § 14-528, a Residential Housing Project is any development located within the 30th Street Overlay District where at least twenty-five percent (25%) of gross floor area will be in residential use, which for purposes of calculating total units shall also include any dwelling units provided to satisfy the requirements of § 14-528(3)(a)(.2) or § 14-528(3)(b) below. Developments with any of the following conditions shall not be deemed to meet the definition of a Residential Housing Project:

(a)   Any development in which all dwelling units are developed by an educational institution for the exclusive use and occupancy of such institution's students or other institution-affiliated persons such as resident advisors or house masters;

(b)   Any development in which all dwelling units are constructed fully within an existing structure; or

(c)   Any development where Personal Care Home is the principal use.

(3) Use Regulations.

The following standards shall apply to all Residential Housing Projects in addition to those of the base zoning district, as indicated in § 14-602(4):

(a)   At least twenty percent (20%) of all dwelling units (rounded up, if fractional) shall be provided and maintained as affordable, as regulated in § 14-528(6) (Affordability), and must meet the following conditions:

(.1)   At least ten percent (10%) of all dwelling units (rounded up, if fractional) shall be provided and maintained as affordable and located on the same site as the majority of other dwelling units included in the Residential Housing Project;

(.2)   All dwelling units provided to meet the requirements of this subsection (a) must be located within 1.5 miles of the majority of dwelling units included in the Residential Housing Project;

(.3)   Dwelling units provided pursuant to this subsection (a) may not be used to satisfy the requirements of subsection (b), below.

(b)   For each 5,000 sq. ft. of floor area of group living provided, at least one dwelling unit shall be provided and maintained as affordable, as regulated in § 14-528(6) (Affordability), within 1.5 miles of the site where the group living use is provided. Dwelling units provided pursuant to this subsection (b) may not be used to satisfy the requirements of subsection (a), above.

(c)   Provided, however, subsections (3)(a) and (3)(b) shall not apply if the owner or owners of the Residential Housing Project enters into a binding agreement with the Department of Planning and Development pursuant to which the owner or owners will agree to pay the City a payment in lieu of providing affordable housing in accordance with the following requirements:

(.1)   The payment shall be calculated as one percent (1%) of Hard Construction Costs (as defined in Section 17-108) for construction of the Residential Housing Project, and paid in two installments;

(.2)   The first installment payment shall be equal to a good faith estimate by the owner or owners of the Residential Housing Project of eighty percent (80%) of one percent (1%) of Hard Construction Costs for the construction of the Residential Housing Project. This first payment shall be paid prior to the issuance of a building permit. At the time of the payment, the owner or owners of the Residential Housing Project shall sign a declaration of the good faith estimate of the Hard Construction Costs for the construction of the Residential Housing Project and provide a construction budget to support the calculation of the good faith estimate of Hard Construction Costs;

(.3)   The second installment shall be paid prior to the issuance of a certificate of occupancy for the Residential Housing Project, and shall be equal to the difference between the first payment and one percent (1%) of the actual Hard Construction Costs incurred for the construction of the Residential Housing Project. At the time of the payment, the owner or owners of the Residential Housing Project shall sign a declaration of the actual Hard Construction Costs incurred for the construction of the Residential Housing Project, provide a construction budget to support the calculation of the actual Hard Construction Costs incurred and deliver a third-party certification, from a professional with expertise in managing construction budgets for similar projects, of the amount of the actual Hard Construction Costs incurred; and

(.4)   The Department of Planning and Development shall agree to use such money for the purposes set forth in Section 21-1605 (Trust Fund Assets Held in the Non-Recording Fee Sub-Fund) or Section 21-1603 (Creation, Distribution and Use of the Trust Fund's Assets).

(d)   Further provided, subsections (3)(a) and (3)(b) shall not apply to any development that has received or will receive government financial assistance conditioned upon the provision of fifty-one percent (51%) or more total units in a Residential Housing Project meeting affordability standards of a government program.