FairFAR.org

Note that Council’s last proposal has now been responded to by a staff proposal on June 26 2009 including draft ordinance language.  For our at-first-blush analysis of the proposed ordinance see this post.

The Current Council draft proposal (from the March 3 2009 Council meeting):

As best as we understand it, here is a description of the most current draft proposal as outlined by Council.  It is to be expected that this draft will change.  We’ve put in some notes in italics where we think the proposal is unclear or needs illustration.  For a brief history of how the proposals have changed, please see the Timeline.

.45 FAR standard (up to .55 FAR modeled) at 7000 sf lot size, sliding scale (same standard for RMX-1, subject to review).  NO exemptions to FAR for detached garages/accessory buildings/garden sheds.  Add a virtual floor multiplier for ceilings above a 10-foot height to count high ceilings as part of the total FAR.  (FairFAR note: intended to address the inadequacy of an area-based measure such as FAR when confronted with volume and bulk issues).

30% building coverage standard (up to a 35% building coverage modeled) at 7000 sf lot size, sliding scale (35% building coverage in RMX-1). NO exemptions to building coverage for detached garages/accessory buildings/garden sheds.  A second-story building coverage limit of 22% is to be modeled for possible inclusion.  A possible increased allowance (of 5% to 10%) in building coverage for all single-story structures.

A complex set of wall standards:

(i) 2 feet of wall height for every 1 foot of the setback from the property line in all districts.  Wall height measured from finished grade.  (FairFAR note: it isn’t clear how this method of measurement will work when the finished grade is sloping, or if the finished grade is to a walkout basement.)

(ii) 20-foot high wall maximum at minimum side setback, with a maximum 35 foot length wall before a 5 foot offset is required or the wall height drops to 12 feet. A possible second-story setback on a certain percentage of the lot to reduce building/wall height in rear.

(iii)  NO exemption for wall mirroring (FairFAR note: Wall mirroring is permitted by current code/original intent was to address the older neighborhoods with nonexistent setbacks or small lots).

Variances tied to hardship only (FairFAR note: as in current system).  Staff level design review process possible, but expected to be severely limited if included at all as the Mayor and a majority of council expressed considerable hostility to the idea of an escape valve.

Basements will count in proportion to the percent of the FAR that is above grade.  The first 36″ below grade would be exempted, remaining would count in proportion to that exposed.  (FairFAR notes: it is unclear what definition of “grade” will applied by Council; it also remains unclear how the mathematics will work to convert what is fundamentally a measure of area (the FAR) into a measure of volume (percent of basement above grade).)

A complex set of accessory structure standards:

No exemption for accessory structures (detached garages, garden shed, etc.) from the FAR or building coverage standards.

(i) Distance between structures: At a “face to face” development where the accessory structure wall faces a primary structure wall, the structures would have to be the following distances apart:

• 15 feet for a two-story accessory structure to a two-story primary structure
• 10 feet for a two-story (primary or accessory) to one-story (primary or accessory) structure
• Six feet between one-story structures with a maximum 6 inch eave overhang
• Staff to review if small structures (less than 100 square feet) can be exempt from these requirements

(ii) Setbacks:  At the zero setback from property line, accessory structures would be prohibited from developing a second story.  (FairFAR note: It is not clear whether a staggered second-floor setback would be permissible if expanding an existing structure)

(iii) Second-story square footage: Limit the second floor to 500 sf.

Tree Planting: Include a tree-planting program of a certain “caliper” in single-family zone districts.

Garages: Staff to study garage numbers, location, presentations, entry emphasis, offsets, etc. for additional regulations in next phase of the project.

Neighbor Notification: Courtesy notice to be sent to adjacent neighbors, including those across a street or alley.

Covered Porches/Covered or Uncovered Balconies: Consider excluding, up to a limited sf, from FAR/building coverage only if a lower FAR of .45 is ultimately approved.