When I look at zoning code, this is a part of the code that isn't broken per se, but I think it does warrant um some clarification.

And when, you know, I think I look at the different problem statements that we're looking to address in the code through some of these amendments, um, this one would fall within what I consider the Venn diagram, where we have different standards, different controls and different definitions, and at some point those just don't quite align as well as um we might want them to, or some places where it's caused some need for interpretation or um just some interesting outcomes.

And so it's an opportunity to check in with Planning Commission and get some direction and just some some feedback.

So

with that, um floor area is one of the primary controls in the uh the code.

It is um controls for building size, um, and so for our different form types, it establishes a max floor area.

Um, for uh suburban houses, that's 3200 square feet for village and um side drive houses, which are meant for more urban contexts with alleys or you know, in places that don't have alleys but are zoned for more urban, uh that's 3,000 square feet cottages or less, um, duplexes, you know, more for the whole building, but then you know um divide it into how much per unit and things like that.

So ultimately means an area included in the periphery defined by the outer surface of the exterior walls of a building and includes the aggregate area of all the floors, but excludes and then it goes in with the definition to exclude attached garages, carports, patios, porches, and balconies, and then further points to the rules of measurement.

So how do we further measure floor area and exclude subterranean stories?

Um those are portions of the house that are buried where um six feet of building wall is not exposed.

Now, if you have a building wall where let's say they bury um five feet below grade, and then there's six or more feet of exposed um wall, that actually is counted as a partially subterranean story, and does count towards floor area for that portion.

So if the idea is that we're controlling for building size, if you bury enough of that building, then it doesn't count as soon as that building becomes exposed, then those portions um do count for both a story and for floor area.

Um it becomes part of that building mass.

Um attics and stairs, so stairwells on the first floor count towards building area.

On the second floor, and if they're allowed a third floor, they don't count towards building area or floor area.

Just the idea being that you know we don't want to double dip necessarily.

And then detached garages are also excluded in the definition of floor area.

So even though they meet all of those pieces about a building and whatnot, they actually don't count towards

that.

Alright.

And then substantial alteration.

So this is defined as either new construction or the expansion of floor area greater than 25% of either building area or parking area.

And why that matters, this is what ultimately triggers that form zone site plan process.

So this is where the code is just a little out of order, but ultimately our site development regulations are in 1840.

So that would be our commercial and industrial developments, as well as when you trigger that form zone site plan because you're in a form zone overlay, well, then that triggers that site development formal planning process before you can go on to build a permit, right?

Building permit is ultimately the drawings that get issued and allow you to construct the thing.

This is a step to make sure that you comply with relevant zoning requirements as well.

We do review for zoning compliance at building permit review.

So it's not just, oh, if you don't go through a planning process, then you are free and clear of all zoning requirements.

We do a zoning review when things do go straight to building permit, but this just has a bit more scrutiny when it goes through that planning process first.

We review things on a preliminary basis like drainage, so you know, engineering reviews these things.

We rely heavily on their expertise.

I would say planners are we know enough to ask questions.

We're not enough to always necessarily confirm the math when it comes to some of these things.

Those still have the sustainability things.

We did remove chapter 1824 for residential sustainability standards that apply to duplexes in houses because we adopted the building code provisions that were in fact better at the sustainability stuff when it comes to the smaller IRC projects.

So those are things like setbacks, lock coverage and floor area, design standards and guidelines, the number of massing articulations, materials, those sort of things, and then landscape requirements, plantings, public realm improvements, so sidewalks and those sort of adjustments.

We also review it for utility standards, so making sure that they're not putting their water line too close to their sewer line, especially when it's at that conceptual level.

And then ultimately the form zone site plan does come with that call-up provision.

And so you know, the director on a number of these has three options.

The director can deny the application, which does happen where we say this does not meet the standard, therefore we will not approve

it.

There are times where the director approves it or may refer it to planning commission.

Um that's so that is usually a case where it might be a new type that we haven't reviewed, and you know, we think it warrants some additional scrutiny, you know, it meets our expectations, but planning commission, or if there's you know, a piece of the project that has really pushed on an interpretation or has pushed a level of the code where it might technically meet that provision, but we want that additional level of scrutiny through that planning commission review.

That's those are generally the times where we refer an application, so it could have been approved administratively, but we refer it for planning commissions consideration.

The other is just administrative approval.

And so planning commission along with city council gets a nice little email saying the director has made a determination that this project has been approved, and then it puts it under this 21-day call-up window where two council members, you know, all of council reviews the email and the plan, if they have questions, two of them can get together and say we would like planning commission to review this.

So that's the one 2122 Jackson Street project was the most recent example of a call-up.

I would say call-ups have been rare, and I think part of that is you know, from staff's perspective, this is also the call-up provision adds a level of scrutiny during the review process as well to applications.

And so when they have that question, well, then we have to make sure all questions are resolved.

And we do that under the due course, but I would say, you know,

if

you were to ask Carl, what's your one of your principles with development review?

Great.

I'm glad you asked.

Um it's what's the margin of error and what's the level of detail we need to approve, right?

So when a project proposes to build right next to their required setback, well, that's a zero margin of error, and therefore we need a higher level of detail to approve.

And sometimes these come through the technical documents that people are required to provide as well.

You know, if you are building and there's 10 feet away from a required setback, or you know, we're not measuring down to the inch to make sure that you meet a particular standard.

Well, then that level of detail can be a little bit less.