A communication was received from Councillors Nolan, Carlone, and Toner transmitting alternative language to the …

Amend Section 11.207 as follows:

11.207.5.1 General Provisions (a) For the purposes of this Section, the phrase "District Development Standards" shall refer to the development standards of the base zoning district as they may be modified by the development standards of all overlay districts (with the exception of this Affordable Housing Overlay) that are applicable to a lot.

(b) District Dimensional Standards shall include the most permissive standards allowable on a lot, whether such standards are permitted as-of-right or allowable by special permit. A District Dimensional Standard that is allowable by special permit shall include any nondiscretionary requirements or limitations that would otherwise apply.

(c) An AHO Project that conforms to the following development standards shall not be subject to other limitations that may be set forth in Article 5.000 or other Sections of this Zoning Ordinance, except as otherwise stated in this Section. (d) An AHO Project containing more than one base zoning district shall follow the requirements of the zoning district that covers the largest percentage of the area of the lot or development parcel, as if the entirety of the lot was served by a single zoning district.

Section 3.32 shall generally not apply to development that proceeds under the provisions of this Section 11.207. (e) Where an AHO Project may have various applicable Building Height and Stories Above Grade limitations as specified in 11.207.5.2.1, the most permissive height limitations shall generally control. Notwithstanding the provisions set forth in Section 11.207.5.2.1, an AHO Project may match the height of an existing building on an adjacent lot. 11.207.5.2.1 Building Height and Stories Above Grade.

For an AHO Project, the standards set forth below shall apply in place of any building height limitations set forth in the District Development Standards. (a) Where the District Dimensional Standards set forth a maximum residential building height of forty (40) feet or less, an AHO Project shall contain no more than four (4) Stories Above Grade and shall have a maximum height of forty-five (45) feet, as measured from existing Grade.

For AHO Projects containing active non-residential uses on the ground floor, the maximum height may be increased to fifty (50) feet but the number of Stories Above Grade shall not exceed four (4) stories.

(b) Where the District Dimensional Standards set forth a maximum residential building height of more than forty (40) feet but not more than sixty-five (65) feet, an AHO Project shall contain no more than nine (9) seven (7) Stories Above Grade and shall have a maximum height of one hundred (100) seventy-five (75) feet, as measured from existing Grade, except as further limited below.

Except where the AHO Project abuts a non-residential use, portions of an AHO Project that are within thirty-five (35) feet of a lot whose District Dimensional Standards allow a maximum residential building height of forty (40) feet or less shall be limited by the provisions of Paragraph (a) above.

(c) Where the District Dimensional Standards set forth a maximum residential building height of more than sixty-five (65) feet, an AHO Project shall contain no more than thirteen (13) nine (9) Stories Above Grade and shall have a maximum height of one hundred and fifty (150) one hundred (100) feet, as measured from existing Grade, except as further limited below.

Except where the AHO Project abuts a non-residential use, portions of an AHO Project that are within thirty-five (35) feet of a district whose District Dimensional Standards allow a maximum residential building height of forty (40) feet or less shall be reduced to a minimum of five (5) Stories Above Grade or a maximum height of sixty (60) feet, as measured from existing Grade, except that if the AHO project parcel extends into that District, then the height limitation shall only extend thirty five (35) feet from the property line.

(d) An AHO Project within an AHO Square shall contain no more than fifteen (15) Stories Above Grade and shall have a maximum height of one hundred and seventy (170) feet, subject to the height restrictions specified in Section 11.207.5.2.1.c.i above.

(e) An AHO Project within an AHO Corridor shall contain no more stories and height than 1.5 times permitted under the existing zoning district, than twelve (12) Stories Above Grade and shall have a maximum height of one hundred and forty (140) feet, subject to the height restrictions specified in Section 11.207.5.2.1.c.i above. (f) The Height Exceptions set forth in Section 5.23 of this Zoning Ordinance shall apply when determining the building height of an AHO Project.

(g) An AHO Project may exceed the allowable height limitations of this Section, without restriction, under the following circumstances, subject to the Residential Density limitations set forth in Section 11.207.5.2.2.

If the AHO Project is not subject to an FAR restriction in Section 11.207.5.2.2, then the total allowable floor area shall be calculated by subtracting the required open space from the total lot area, and multiplying the resulting lot area by the maximum number of stories otherwise permitted under this Section: Where pre-existing, contiguous Green Area Open Space on a lot will be preserved or expanded, consisting of at least 5% or more of the total lot area.

(ii) The AHO Project will exceed the minimum required open space as set forth in Section 11.207.5.2.4 of this Article. 11.207.5.2.2 Residential Density (a) Where the District Dimensional Standards establish a maximum floor area ratio (FAR) of less than 1.00, an AHO Project shall not exceed an FAR of 2.00. Otherwise, there shall be no maximum FAR for an AHO Project. (b) There shall be no maximum FAR for an AHO Project within an AHO Square or AHO Corridor.

(c) There shall be no minimum lot area per dwelling unit for an AHO Project. 11.207.5.2.3 Yard Setbacks (a) For the purpose of this Section, the applicable District Dimensional Standards shall not include yard setback requirements based on a formula calculation as provided in Section 5.24.4 of the Zoning Ordinance, but shall include non-derived minimum yard setback requirements set forth in Article 5.000 or other Sections of this Zoning Ordinance. (b) Front Yards.

An AHO Project shall have no minimum front yard setback a minimum front yard setback of 15 feet, except where the District Dimensional Standards establish a less restrictive requirement, or may be reduced tp the average of the front yard setbacks of the four (4) nearest pre-existing principal buildings that contain at least two Stories Above Grade and directly front the same side of the street as the AHO Project, or may be reduced to a minimum of ten (10) feet in the case of an AHO Project on a corner lot.