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Planning Commission Recommendation #I: Amend the/ND Nodal Development overlay zone to replace the FAR requirement for the commercial and industrial zones with a "menu" of standards, with a required minimum number of standards which must be met. FAR would be one of the standards on the "menu." Residential Zone Requirements: The primary concerns regarding residential zone development requirements expressed in public testimony deal with requirements for a 15 foot maximum setback, limitations on parking between buildings and the street, and the impact that these requirements would have when applied to new construction or expansion of a single-family residences. Based on the staff review of the legislative history of these provisions and the recollection of Commissioners who were present during the Commission's discussions in 2000, it is clear that these provisions were never intended to apply to residential development. For single-family residential development, the requirements for building setback and parking between buildings and the street are impractical and unworkable. For multi-family development, the multi-family standards in the Land Use Code apply to new development and expansion of 20% or more, a trigger which is more restrictive than the 30% trigger in the/ND overlay zone. The/ND overlay zone specifically states that, where overlay zone and base zone provisions conflict, the more restrictive controls. Concerns have also been expressed regarding the impact of the minimum residential density requirements of the/ND overlay zone for the R~2, R-3 and R-4 zones on small infill lots. Unlike the minimum density requirement in the R-1 zone, which applies only to new subdivisions, this requirement appears to apply to all infill development in the medium and high-density zones. This is inconsistent with the base zones, which exempt residentially zoned lots or development sites that are developed and are 13,500 square feet or less in size from the minimum density requirements. This provision was added to the code to allow additional an additional unit on small lots without triggering the full minimum density requirement. Based on our review of these provisions, we believe that the 30% expansion trigger and the provisions for building setbacks and parking between the buildings and the street were not intended to apply to residential development and that the current structure of the/TD overlay zone was the result of a drafting error. Similarly, the exemption fi.om the minimum density requirements in the R-2, R-3 and R-4 base zones should have been applied in the/ND overlay zone Until such time as the Land Use Code is amended, we request that a code interpretation be made to address these issues based on the legislative history. Planning Commission Recommendation #2: Amend the/ND Nodal Development overlay zone to: a) exclude residehtial development from 9. 42 70(3), which applies the/ND requirements to an expansion of 30% or more of the total existing building square footage on the development site; and b) exclude residential zones from the standards in 9. 4290(2) Building Setbacks and (3)