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HomeMy Public PortalAboutORD14088 • BILL NO. 2006-43 SPONSORED BY COUNCILMAN:OO LAYTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, ZONING CODE TEXT PERTAINING TO THE ESTABLISHMENT OF NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 35, Zoning is hereby amended by adding: Section 35.33. Neighborhood Conservation Overlay District. A. Intent and Purpose. The NC Neighborhood Conservation Overlay District is Intended to promote the health, safely, and general welfare of the community by encouraging the conservation and enhancement of the built environment of established urban neighborhoods. The purposes of the district are: 1. To maintain neighborhood character and Integrity by focusing special attention • on the maintenance of the physical environment so as to stabilize and enhance property values; 2. To promote the efficient use of urban land including the encouragement of infill development on vacant and passed-over parcels that is compatible with the area; 3. To encourage and support the rehabilitation and renovation of existing structures; 4. To foster the harmonious, orderly, and efficient growth, development, and redevelopment of the community in a manner that accommodates desirable change; 5. To recognize and protect specific properties and neighborhoods with special architectural features or qualities representing earlier periods of development. B. Definitions. For purposes of this section the following definitions shall apply: 1. Conversion shall mean the alteration or adaptive reuse of a structure to accommodate uses for which It was not originally designed or constructed. Examples Include but are not limited to, converting a warehouse Into a restaurant, an office building into residential apartments, and a single family house into apartments. 2. Designation Ordinance shall mean the official zoning document which the City Council enacts specifying a certain area as a Neighborhood Conservation District. • 1 • 3. Infill Development shall mean new construction on vacant bypassed parcels of land or clearance and redevelopment to replace dilapidated or deteriorated structures. 4. Guidelines shall mean that the provisions are recommended, but not mandatory; i.e., something that"may" be done. 5. Regulations shall mean that the provisions are mandatory, i.e., something that "shall" be done. 6. Rehabilitation shall mean returning a structure to a state of utility by replacement and alteration designed to encourage its continued use while preserving exterior features of significant value. Examples include reconstruction of a porch or removal and replacement of windows and doors. 7. Renovation shall mean refurbishing a structure so it conforms to minimum standards of sanitation, fire and life safely while preserving exterior features of significant value. Examples Include installation of new exterior siding or replacement of gutters and downspouts. B. Neighborhood Conservation shall mean public and private efforts to maintain and enhance the sustained use and appearance of established urban areas through, renovation, rehabilitation, alteration and conversion, and infill development or redevelopment. • C. General Provisions. 1. Neighborhood Conservation District overlay zoning may be enacted in conjunction with any underlying zoning district or districts within the City in accordance with the provisions of this section. All regulations of the underlying zoning district shall apply to property within the Neighborhood Conservation District except where modified by the Conservation District designation ordinance. 2. Areas, tracts, or sites within the Neighborhood Conservation District shall be Identified on the official zoning map and in other official writings by the suffix "NC". D. Designation Procedure. 1. The City of Jefferson may designate areas, tracts or sites for inclusion within a Neighborhood Conservation District in the same manner prescribed for the designation of other zoning districts by this chapter and subject to compliance with this section. 2. An application for designation may be Initiated by any of the following methods: a. Properly owners or neighborhood organizations of the area, tract or site to be designated, provided the application includes: (1) A petition duly signed and acknowledged by the owners of fifty (50) percent or more of the areas of land jexclusive of streets • 2 • and alleys)within the boundaries of the proposed district shown on an attached map; and (2) A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation; or b. The City Council, provided the application includes: (1) A petition duly signed and acknowledged by the owners of twenty- five (25) percent or more of the areas of land (exclusive of streets and alleys)within the boundaries of the proposed district shown on an attached map; and (2) A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation. C. The City Council, provided the application includes: (1) A resolution from the Planning and Zoning Commission identifying the boundaries and requesting enactment of the proposed district; and (2) A Neighborhood Redevelopment Plan documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation including recommendations regarding land use and design guidelines. • 3. Upon Initiation of an application, an ordinance for NC designation shall be drafted. The ordinance shall contain a set of regulations and guidelines designed to address the conditions and purposes contained in the application. The ordinance shall be approved as to form by the City Counselor. A public hearing shall then be held by the Planning and Zoning Commission. Written notice shall be given to all owners of affected property in accordance with the requirements of this chapter. 4. The Planning and Zoning Commission may receive testimony or documented evidence regarding the importance and effects of neighborhood conservation designation within the proposed district. Testimony from neighborhood organizations affected shall be directly solicited and considered by the Commission. 5. If the Planning and Zoning Commission finds that the area meets the designation criteria listed below, it shall forward the designation ordinance, with or without any recommended changes, to the City Council for the Council's consideration. E. Designation Criteria. When determining a district's potential for Neighborhood Conservation designation, the Planning and Zoning Commission and City Council shall ensure that one or more of the following criteria are satisfied: • 3 • 1. The area contains similar land uses and densities, displays unifying elements and possesses cohesive physical, social, or economic relationships; 2. There is evidence of structural deterioration, encroachment of incompatible land uses or erection of incompatible structures which are contributing to the decline of the area; 3. The area exhibits revitalization potential but coordinated action or treatment is needed; 4. There is evidence that Neighborhood Conservation designation would be an appropriate and effective method for conserving and revitalizing the area; 5. District property owners and/or residents desire and support neighborhood conservation efforts; or 6. District designation conforms to City plans and policies. F. Designation Ordinance. 1. The designation ordinance shall identify the district boundaries, which shall be compact, contiguous and uniform, and shall follow streets and alleys, rivers and creeks, railroads, property lines and city boundary lines. 2. The designation ordinance shall Include regulations and guidelines which apply • to new construction as well as to additions, alterations, rehabilitation, conversion and renovation of existing structures. To help ensure that such work is compatible with the architectural character of the district in terms of design and materials, the regulations and guidelines may address one or more of the following: a. Site elements, including: (1) Building orientation and separation, (2) Area, bulk and density restrictions including maximum Floor area, minimum lot size and width, minimum lot area per dwelling unit, minimum building setbacks and build to lines, maximum lot coverage, height limits, and other related provisions; (3) Parking regulations such as the number of required spaces per type of use, the location and design of parking areas, driveways, lighting, and other related provisions; (4) Walls, fences, retaining walls and walkways; (5) Landscaping and screening; (6) Lighting and signage; (7) Accessory structures, including carports and garages; and (8) Service and mechanical areas. b. Building elements, including: (1) Architectural style and scale; (2) Height, number of stories and vertical alignment; (3) Roof type, pitch and materials; (4) Exterior wall materials, texture and color; • 4 • (5) Foundation height and materials; (6) Window and door type and arrangement; and (7) Porches, decks and awnings. G. Procedure for Review and Approval of Development Plans. 1. Prior to undertaking any regulated work and the issuance of any building or other permit for such work in a Neighborhood Conservation District, the owner shall submit a building and/or site development plan for review and approval by the director of community development. The building or site development plan shall be clearly drawn in ink on eight and one-half(8'/�) inch by eleven (11) inch or eighteen (18) Inch by twenty-four(24) inch sheets of durable paper at a scale of at least one (1) inch equals twenty(20) feet. Four(4) copies of the plan shall be submitted, which unless modified by the director, shall include the following: a. The lot number or a metes and bounds description of the property to be developed; b. The boundaries and dimensions of the lot or property to be developed; C. The location of all building setback lines along adjacent streets and lots; d. The location and designation of all easements on the lot or property to be developed; e, The location of all existing structures on, and adjacent to, the lot or property to be developed; f. The location and dimensions of all existing and proposed driveways, • parking areas, walls, fences, retaining walls, walkways, landscaping and screening, lighting, signage, and service and mechanical areas on the lot to be developed; g. The location and dimension of all new structures and additions including entrance doors, windows, porches, balconies, carports and garages; h. A building elevation drawing or photograph and a fist, description and samples of materials to be used; and 1. Any other information deemed necessary to show compliance with this section and with regulations and standards of the applicable conservation district designation ordinance, 2. Depending upon the nature of the proposed project, additional information may be required to be included on the site development plan as listed in Sec. 35-71 (Site Plan Review)of the Zoning Code. 3. Upon receiving the building and/or site development plan, the director shall notify any officially recognized neighborhood association within said district in writing. 4. The director shall review the building or site development plan for compliance with paragraph 1 above, and the regulations and standards of the designation ordinance within two (2)weeks of receipt. If approved, a copy shall be sent to the building regulations division. A copy of the approved plan shall then be sent to the building regulations division. A decision to disapprove development plan shall be made in writing and shall state the specific reasons for disapproval. If the director disapproves the development plan, the owner may revise the plan to • 5 • reflect the director's comments, or may, within ten (10)days file an appeal with the Board of Adjustment In accordance with this Chapter. H. Amendments. Unless otherwise provided for in the designation ordinance, any amendment may be Initiated in the same manner as for an original designation ordinance. Section 2. Section 8-43, Neighborhood Conservation District Regulations, located in Chapter 8, Article IV of the City Code, is hereby repealed. Section 3. The Lower Jefferson Conservation District, established by ordinance No. 13251, 8-20-2001 is hereby established as a NC Conservation District. Section 4. This ordinance shall be in full force and effect from and after Its passage and approval. ,� / Passed: J� Approved: '2 Z6o6 Presifli fficer fy r • ra /ST: /APP ED FORM: it y C16fk City unselor • 8 To: Neighborhood Improvement Task Force Prom: Cathy Bordner • RE: Neighborhood Conservation District Ordinance Date: 518106 The current draft of the proposed ordinance has some positive features. However I have a concern with the section that describes how an application for designation of a Neighborhood Conservation (NC) district is initiated. That section is D. Designation Procedure, It states: 2. An application for designation may be initiated by either of the following methods: a. Property owners or neighborhood organizations of the area,tract or site to be designated, provided the application includes: (1) A petition duly signed and acknowledged by the owners of fifty(50)percent or more of the areas paree4s of land(exclusive of streets and alleys)within the boundaries of the proposed district shown on an attached man; and (2) A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation; or b. The City Council, provided the application includes: (1) A petition duly signed and acknowlcdged by the owners of twenty-five(25) percent or more of the areas pareels of land(exclusive of streets and alleys)within the boundaries of the proposed district shown on an attached man; and • (2) A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation. c. The City Council, provided the application includes: (1) A resolution from the Planning and Zoning Commission identifying the boundaries and requesting enactment of the proposed district;and (2) A Neighborhood Redevelopment Plan documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation including recommendations regarding land use and design guidelines. In the section of the ordinance quoted above, if residents of a neighborhood took the initiative to try and form a NC district, they would either have to get the owners of 50% of the area involved to sigh a notarized petition, or get the owners of 25% of the area involved to sign a notarized petition and then have city council initiate the application, or have a neighborhood plan. 'I his could result in discouraging involvement of residents of an area from attempting to improve their neighborhood. The requirement for notarized signatures puts an unnecessary burden on citizens. • The method for determining who signs the application is also unnecessarily complicated, and could even open doors for unexpected contests and appeals. Would someone be able to contest the application on the basis of how the 25%or 50%was calculated? Jefferson City needs to have a clear and concise method for initiating the application process that is user friendly to the residents of neighborhoods who take the initiative to become involved in improving their neighborhood. I recommend that the requirement for signatures to be notarized be removed. 1 also recommend that we develop a clear method to determine who signs the application. For example, the ordinance could state that one owner per parcel is required, and x% of the parcels must be represented for the application to be submitted. There should be an additional stipulation that someone who owns more than one parcel M11 only sign the petition one time and count as one in calculating the neighborhood approval percentage. it and citiz pea s to this process are accepted and recognized, the ordman m din from the state statute that addresses appeals to changes to zo ' ode. I believe that statute is Revise RS 0) 89.060. • • Dave and Cathy Bordner From: "Ward, Laura" <WardLA @m1ssour1.edu> • To: "CBlaney" <cblaney @socket,net>; <davecath2 @earthlink.net> Sent: Tuesday, May 09, 2006 9:40 AM Subject: RE: update and comment Here's my two cents worth -- sorry it didn't arrive in a timely manner. In Section D, I do not agree with having the petition duly signed. The LJCD found that many of the property owners didn't live in the proposed district,so locating them and finding a notary who wasn't associated with the proposed district to run all over town with us was difficult. (We didn't want any City Staff questioning the authenticity of the notarized signatures) Many property owners agreed with what we were doing, but relying on them to send us their notarized signatures made it harder to collect the needed 65%. I am glad to see that the percentage of notarized signatures has been lowered to 50%. This still may be difficult to achieve, but it is workable. In Section D, Number 3, it states that "Upon initiation of an application,an ordinance for NC designation shall be drafted. The ordinance shall contain a set of regulations designed..... My question is, Who drafts these -- City staff or property owners? Maybe I Just missed it. In Section F, Number 2, I think It is very important to list exterior landscape features here. The LJCD lost several --stone tree guards,stone pillars, etc. In this section, Number 2b under Building elements, you may want to list trim materials. In Section G, Number 1, Will the Neighborhood Association be involved in the review process of submitted Drevelopment AND rehabilitation (need to add rehabilitation)plans. I feel this is essential. Does this dinance need to address the process of appointing a Neighborhood Association? This was missed in the LJCD, therefore, we weren't involved in any of the review process and I believe certain areas of our guidelines weren't regulated. Again, sorry for the delay in getting this to you. Good Luckl Laura Laura A. Ward Continuing Education Coordinator Osher Lifelong Learning Institute at MV Vice Provost Office, Extension University of Missouri-Columbia 32158 LeMone Blvd., Room 140 Columbia, M065201 Phone: (573) 882-7478 Fax: (573) 884-6018 To understand people,understand their buildings, To build for the future,study the past. Loam to value your legacy as you embrace change. —Sams of Missouri, Howard Marshall From: CBlaney [mailto:cblaney @socket.net] Sent: Friday, April 26,2006 6:40 PM Cathy Bordner; Pat&Walter Schroeder; Sandy Hopkins; Ward, Laura; Michael Berry; Kas Mahfood;Toni Prawl; 'Dean n'; JIII Johnson;Tim &Carrie Carroll(E-mail); Brett Rolwes Jane Beetem; Chris Neff 5/9/2006 Subject: update and comment Update: At the end of Feb. 2005 the Eastside Neighborhood Development Association (ENDA) decided it wanted to create a historic or conservation district In the eastside area. As we looked at the ordinance that we would have to work under, the Historic Preservation Ordinance, some of us expressed our concern with the unnecessary labor Intensive and complex extent we would have to go to get the job done. There was also the perception that neighborhood groups were set-up to fall because of the high percentage of notarized agreement required for passage. In April of 2005 ENDA spearheaded a committee to discuss the revisiting of the Historic Preservation Ordinance,that was you all.At that meeting it was decided that we wanted the changes in the ordinance to be able to be used by all neighborhoods in the city, not just the older neighborhoods and it was also decided that whatever suggestions we came up with we didn't want to jeopardize the Certified Local Government status held by the city. It was also decided to have 4 volunteers meet separately to research other town's ordinances and come back to the group with ideas on how we could suggest changes.The four volunteers met several times and read over other ordinances as well as met with city and state officials to get their input and expertise. At this same time Councilman Mike Berry was having meetings with staff on the overlay district concept and at our 2nd committee meeting we asked him to come and explain what he had accomplished to date. He and Councilman Dean Martin were also checking into what maintenance codes were already in place to see if some existed that would help correct some of the neighborhood problems and he reported on that as well. in July, 2005 the mayor decided to create a Neighborhood Improvement Task Force and a Code Enforcement Task Force to look at these Issues: 1. How to create overlay districts 2. How to create a mechanism to allow neighborhoods to create their own districts so they can then draft their own guidelines. In other words how to allow neighborhoods to create"subdivision"rules that have long since expired. 3. See what codes existed to help neighborhoods have better control of maintenance and nuisance Issues 4. Make any other recommendations to improve the quality of life in our neighborhoods, Comments: I'm attaching the draft ordinance the staff has created and hope you will all take a few minutes to read it and send back your comments. Our next Neighborhood Task Force meeting is May 9th so I will need comments back by the 6th. You're free to share it with anyone for comment. If any of you would like to get together as a group to discuss It,just let me know.This draft ordinance will take the place of the section of the Historic Preservation �rdinance that we were concentrating on in our committee. City staff will take out the part of the Historic reservation Ordinance that talks about conservation districts and the new ordinance will cover that. The rest of the historic preservation ordinance will remain, and our certified local government status will not be affected.Also, this new ordinance will go in the city's zoning code section. Thanks.in advance for your time, Carol • 5/9/2006 STAFF RIsPORT .1FFFERSON CI'T'Y PLANNING AND ZONING COMMISSION • JANUARY 12,2006 Miscellaneous Report: Central Fast Side Neighborhood Plan Innnlementation Strategy One of the primary tools for implementation of any land use plan is zoning. In order to implement the Action Plans for the districts described in the Central Cast Side Neighborhood Plan,modifications ofthe City's zoning text as well as some changes in lbe zoning map applied to the land within the districts are necessary. In an effort to advance file implementation,staff suggests that the Capitol Avenue District be the first district to be approached for implementation. This area has the closest proximity to the MSP Redevelopment Area and may be the most susceptible to immediate redevelopment pressure. A discussion of file Capitol Avenue District's characteristics and zoning alternatives is presented below. Capitol Avenue District This Capitol Avenue District adjoins the MSI'Redevelopment District and is bounded by Adams Street on the west,State Street on the north, Lafayette and Chestnut Streets on the cast and Commercial Way(one-halfblock south of Gast Capitol Avenue)on the south.This five and one-half block area contains a variety of land uses including residential,office and warehousing, The land Use Plan for Ibe Capitol Avenue District calls for a significant amount of new and renovated development consisting of office,residential/office,and institutional uses. The following program elements and features define the future vision for the Capitol Avenue District: • District Character—factors which create visual Identify.The Capitol Avenue District contains a large number of architecturally significant residential buildings,many of which have been converted to offices.The Land Use Plan recommends reinforcing and expanding this character.Other items which contribute to this character include: large homes or large residential buildings converted to offices; • large homes converted to multi-family units; mix of open lawns and minimal side yards; and significant architectural character with variety. • Proposed Land Use—the allocation of allowable uses. The existing land use is varied and often does not support the future vision of the District. To maintain a vibrant nature, the Land Use Plan suggests a mix of the following land uses: residential; office and B&B commercial only, no retail; office/residential vertical mixed use;institutional;and garden apartments.To accommodate uses new to the district, some aspects of current parking standards could also be relaxed. • Preservation/Rehabilitation/Redevelopment Building Patterns—the configuration of physical form for structures. Critical to reinforcing the character of Ibis district is the preservation and rehabilitation of existing historic structures. Such efforts should be sensitive to and respect existing development patterns. Important building patterns include:preserve historic buildings where possible, infill when necessary; no garage doors facing street,back yard or rear entry garage acceptable; front porches where possible but no enclosed front porches; no parking on front yard; new construction consistent with existing building setbacks; parcel combination/infill (more r l comers, less at mid- block);and new construction consistent with existing size and density.A process for"Grandfalhering in"existing elements should also be created. • Circulation—the urban design aspects of moving people and goods.Ile circulation system should support the character and future land use vision. Vehicles should be accommodated in ways that improve file pedestrian oriented environment, maintain neighborhood goals and support the MSP Redevelopment project. Circulation components should include: streets and sidewalks connected; • alleys provide access to rearof property and for services;continuous sidewalks on both sides of streets with street trees and lighting;keep parking parallel along streets,where feasible;street improvements should minimize impacts to adjacent properties, Miscellaneous Report: Central East Side Plan Implementation Strategy Page 2 of 2 Planning and Zoning Commission January 12, 2006 • Community Facilities— public and private uses such as schools, parks, and churches. 'these • uses add variety and vitality to the neighborhood. They should reinforce pedestrian linkages to the MSP and preserve open areas surrounding existing buildings, A Design Concept Plan was also developed for the Capitol Avenue District to communicate the type,quality, character,scale and general outcome of implementing the Land Use Plan,The Concept Plan, even though it shows new or modified building forms and footprints, is not intended to indicate specific building proposals. Rather,the concept shows one of many likclydevelopmenl scenarios in terms of site coverage,building to and within the public realm,potential scale,and implementation of specific feature such as pedestrian circulation, strectscapes, and public plazas. See Capitol Avenue District Concept Plan for an illustration. Discussion of Zoniuu Alternatives i. Modify Existing Zoning—Properties in the Central fast Side Neighborhood exhibit a wide range of zoning, from RS Single Family to RA-2 High Density Multiple Family to C-3 Central Commercial to M-1 Industrial and some PUD Planned District areas. The land uses and intensity of development allowed by certain zoning districts arc inconsistent with the recommended Land Use Plans for some portions ofcach District.An example ofthezoning being incompatible with theplan is the area ofC-3 Central Commercial,which has no required building setbacks,no maximum lot coverage,and a 140 foot height limit. in order to rectify such situations, selected parcels should be rezoned to the appropriate use category. This change will encourage and protect private investment in redevelopment projects for professional offices,office/residential vertical mixed use,institutional and other land uses desired in the District. • 2. Expand PUD Zoning—PUD zoning would be expanded and applied to all of the properties within the Districts.The allowed uses would be specified in the ordinance rezoning the properties but exclude incompatible uses. The other advantage of PUD zoning is that a site plan must be submitted prior to development.The various District Concept Plans and the suggested site layout and building design guidelines would be used by developers in preparing project plans as well as bylbe City in reviewing the proposed plans. Rather than being formally adopted, the Concept Plan and design guidelines would serve as informal suggestions in the planning process. 3. Create an Overlay Zoning District—This option, which is recommended in the Central Cast Side Neighborhood Plan, would involve the preparation and adoption of Overlay Zoning District Regulations for cacti of the Five Districts. The overlay district would not alter the land uses allowed under basic or underlying zoning but would establish site layout and building design standards for More development projects in the District. The design standards would apply in addition to any underlying zoning requirements such as setbacks, height limits,parking, landscaping, lighting,etc. 4. Combination—'This option world consist of modification of the existing zoning map(#) above) coupled with creation of an overlay zoning district(113 above).This option deals with the dual issues of changing the land uses allowed in the underlying zone as well as establishing design standards for site development and buildings through an overlay zone. Staff Recommendation Staff recommends the last alternative. In our view,a combination of modifying existing zoning to achieve the most desirable land uses and creating an overlay district to achieve compatible site and building design presents the most comprehensive and effective solution for the future of the Capitol Avenue District. • Staff also recommends proceeding with the steps necessary to implement the Capitol Avenue District Action Plan,including completing zoning text changes and ideatifreation of parcels that may be subject to rezoning. STAFF REPORT JEFFERSON CI'T'Y PLANNING AND ZONING COMMISSION • July 13,2006 Case No. P06027—Zoning Text Amendment.A request submitted by Planning Staff loran amendment to the zoning ordinance consisting of the addition of Sec. 35-33 Ncit hborhood Conservation Overlay District, Notification The proposed amendments were published in the News Tribune as required by city code and state statute. Backeround At the Commission's January 12,2006 meeting,following review of the Central East Side Neighborhood Plan, an implementation strategy for the Plan was discussed. Particular mention was made of the need to adopt "enabling legislation" for the subsequent establishment of overlay districts for specific areas such as the Capitol Avenue District. A draft of the proposed legislation,which consisted of an amendment to the zoning code, was presented. Following discussion,the Commission authorized staff to advertise the amendment for public hearing. Discussion Overlay Zoning Districts were recommended by the Central East Side Neighborhood Plan as the preferred approach to apply design standards to guide redevelopment activity. This new section provides a framework by which actual design standards may be crafted for the various sub-districts within the Central East Side Neighborhood.The overlay district concept may also have applicability to other neighborhoods in the city. The overlay district would not alter the land uses allowed by the underlying zoning but would establish site layout and building design standards for future development activity in the district.Thedesign standards would apply to new construction,additions and alterations and could address such elements as building orientation, • driveways,accessory structures,architectural style,roof pitch,exterior wall materials,porches and other items. The standards could be tailored to meet the unique needs and concerns of specific neighborhood.They would apply in addition to any underlying zoning requirements such as setbacks,height limits,parking,landscaping, lighting, and signage. Currently, the City Code (Chapter 8, Article IV - Preservation and Conservation) allows two types of Neighborhood Conservation Districts: an Advisory District where design guidelines are advisory only; or a Planned District where design guidelines can be enforced by the City. Neither district can be established without the written consent(55%and 65%,respectively)of property owners within die district.Forthis option to proceed,propertyowners must initiate a conservation district.While quite a lot of interest was generated by this code, it has only been used one time since its adoption. Among the reasons why this code has not been utilized more is that it is difficult to achieve the requisite property owner percentage except on a small scale, and few residents have the capability to craft the design standards, spend hours negotiating those standards with neighbors,or shepherding the matter through city review and public meetings. An alternative is to adopt legislation enabling the City to initiate such action, typical with what one finds in the zoning code. if the proposed amendment is adopted, Sec. 8.43 would be repealed and replaced by this new See. 35-33, Proposed Amendment The proposed amendment is attached.The amendment has been reviewed byother members of die City Staff and the Mayor's Task Force on Neighborhood Improvement,which at its meeting on May 9,2006 approved a motion that the amendment proceed forward for formal consideration with some personal comments from two of its members (see attachment). • Staff Recommendation Approve the proposed amendment subject to any changes which the Commission deems appropriate.