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
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• 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:
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• 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
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• 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.