2004-3457 Ordinance
ORDINANCE NO.
2004-3457
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING CHAPTER 118, "ADMINISTRATION
AND REVIEW PROCEDURES," BY ADOPTING
ARTICLE XI, "NEIGHBORHOOD CONSERVATION
DISTRICTS," ESTABLISHING PROCEDURES AND
CRITERIA FOR THE CREATION OF
NEIGHBORHOOD CONSERVATION DISTRICTS;
PROVIDING FOR AN INTENT STATEMENT,
QUALIFICATION CRITERIA, AND PROCEDURES
FOR CREATING AND MODIFYING SUCH
DISTRICTS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is distinguished by its rich collective
experience of residential neighborhoods; and
WHEREAS, the scale, character and quality of life in the neighborhoods of
Miami Beach must be continually nurtured and safeguarded for future generations; and
WHEREAS, the City Commission has deemed it appropriate for the public
health, safety and welfare of the City through the Future Land Use Section of the
Comprehensive Plan to maintain and enhance the special character of residential
neighborhoods of the City; and
WHEREAS, the City of Miami Beach Planning Department has identified the
"Neighborhood Conservation District" designation as an appropriate land development
overlay tool in further achieving this objective; and
WHEREAS, the "Neighborhood Conservation District" enabling ordinance, will
be recognized in the City Code through the Land Development Regulations and incentive
programs; and
WHEREAS, the amendments as set forth below are necessary to accomplish the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
1
SECTION 1. Chapter 118 of the Land Development Regulations of the Code of the City
of Miami Beach, Florida, is hereby amended by creating within "Administration and
Review Procedures," a new Article XI, entitled "Neighborhood Conservation Districts",
as follows:
ARTICLE XI. NEIGHBORHOOD CONSERVATION DISTRICTS (NCD)
Sec. 118-701. Intent.
A Neighborhood Conservation District (NCD) is a protective land use tool that provides
criteria and a mechanism to be implemented when desired for the maintenance of
neighborhood characteristics. It is an umbrella land use designation overlay that will
allow for the tailoring of a master plan and/or design guidelines for any specifically
defined area that meets the criteria listed in Section 118-704. Qualification.
The master plan and/or design guidelines can, among other things, include additional
overlay zoning, site, architectural and landscape guidelines, conservation and
preservation strategies, streamlining of development review processes, community
development strategies, and incentive programs.
It is further intended that such districts and the regulations adopted for them shall be
consistent with, and promote the policies set out in, the Miami Beach Comprehensive
Plan and other officially adopted plans and regulations in accordance therewith.
Sec. 118-702. Objective.
The purpose of creating a Neighborhood Conservation District (NCD) is to:
(a) Provide a land-use or zoning tool to conserve established neighborhood scale and
character and to promote compatible development through the sensible regulation of
new construction and maior alterations/additions to existing buildings. A NCD can
also serve to implement a neighborhood plan and serve as a catalyst for the
rehabilitation of existing buildings.
(b) Protect neighborhoods or districts that have significant architectural and historic merit
and a distinct character but do not qualify for, or have not yet received, historic
designation.
(c) Protect structures that contribute to the urban architectural heritage of the city but may
not have received historic designation. Valuable buildings in the district that meet
certain criteria may be subiect to further review prior to receiving a demolition
permit.
Sec. 118-703. Effect of district establishment.
NCD districts may either:
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(a ) Supplement underlying and overlav zoning districts or portions of such
zoning districts otherwise applicable to the land included in a particular NCD
district: or
(b) Have the effect of modifying requirements. regulations. and procedures
applying to the extent indicated in the particular NCD amendment.
Sec. 118-704. Qualification.
In order for a NCD to be officiallv designated. the area must satisfy one (1) of the
following five (5) criteria:
(a) A special urban scale and context. or historic or architectural character present in
the defined area:
(b) Natural or historic landscape features such as water features. golf course and/ or
open space areas. public or private landscape themes prevalent in the area:
(c) Specialized commerce. For example. a concentration of residential office. gallerv
or design districts. or specific economic development obiectives:
(d) A unique development plan that is specifically noteworthy for its design concept
and because it serves the community in some qualitative way: or
(e) Other cultural or significant features such as monuments. notable infrastructure
improvements. or special public amenities that directly contribute to the aesthetic
character and quality of life of a community.
When an area is determined to meet the necessary criteria for a NCD. the obiectives for
the community need to be defined so a master plan and/or design guidelines can be
developed.
Sec. 118-705. Procedures for adoption of specific NCD Overlay Districts
(a) Requests for NCD Overlay Districts
(1) Requests for the creation ofNCD districts may be initiated by a maiority ofthe
neighborhood residents and/or property owners. the Planning Board. the
Design Review Board. the Historic Preservation Board. the City Manager or
the City Commission.
(2) Proposals for NCD Overlay Districts shall include a completed application
form available from the Planning Department. Such proposals shall include a
location map showing the general boundaries of the proposed district as well
as a general statement of its purpose and intent.
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(3) Fees for requests shall be as follows:
(a) A request initiated by any entity other than the city commission. a city
board or other city official as set out in subsection 118-705(a)0) for
district designation shall include an application fee as provided in
Appendix (A).
(b) Preliminary Review
(1) Upon receipt of a completed application. and fees if applicable. the Planning
Department shall prepare a preliminary evaluation and recommendation and
schedule a referral request before the City Commission, unless such request is
initiated by the City Commission. The City Commission shall hold a
preliminary public hearing to consider the merits ofthe proposed NCD.
(2) Notification of the preliminary public hearing shall be advertised in accordance
with Section I I 8-1 64(2)(b ) regardless of acreage and. in addition. all property
owners within the proposed district as well as within a 375 ft. radius of the
proposed district shall be notified by individual mail notice with a description
prepared in plain English, and postmarked not less than (5) days in advance
of the hearing.
(3) If the City Commission chooses to continue the NCD process, it shall direct
the Planning Department to prepare a draft Neighborhood Conservation
District Plan and Development Regulations in collaboration with the property
owners from the neighborhood.
(c) Preparation ofNCD Plan and Development Rel!ulations
The Planning Department draft NCD Plan and Development Regulations shall
include the following information:
(1) A statement of intent. soecifYing the nature of the special district and
substantial public interests involved and the obiectives to be promoted by
special regulations and/or procedures within the district as a whole, or within
sub-areas ofthe district. if division into such sub-areas is reasonably necessary
for achievement ofregulatorv purooses.
(2) The boundaries of the NCD district and any sub-areas established within the
district for purposes ofNCD regulations.
(3) The proposed zoning indicated by the NCD prefix and a number identifYing
the particular district. as for example NCD-I. together with whatever other
identification appears appropriate.
4
(4) The zoning designations of all portions of underlying districts and regulations,
if any, which will remain after NCD zoning is superimposed. Where it is
proposed to change the boundaries or zoning designation of remaining
underlying districts affected in the same action by which NCD zoning is
applied, the map shall show the nature and location of such change.
(5) The regulations for the NCD Overlay, shall be designed to promote the special
purposes ofthe district and shall be appropriate to the neighborhood as set out
in the statement of intent. Such regulations may include, but are not limited
to, zoning, design guidelines and procedures for development review and
approval.
(d) Discussion and Recommendations by the Design Review Board
(1) Prior to the City Commission's final adoption of an NCD, the Design Review
Board shall discuss and make advisory recommendations on the proposed
district to the City Commission.
(2) Notification of this public meeting shall be advertised in a newspaper of
general circulation at least 15 days prior to the meeting.
(e) Final adoption ofNCD Overlay Districts
Adoption ofNCD Overlay districts and accompanying regulations shall be by the
same procedures as for amendments to the Code generally, as set forth in Article
III of Chapter 118 of these Land Development Regulations including Planning
Board review except that regardless of acreage, all property owners within the
proposed district as well as within a 375 ft. radius of the proposed district shall be
notified by individual mail notice with a description prepared in plain English,
and postmarked not less than (30) days in advance of the first public hearing.
Each individual NCD overlay district shall be codified in Chapter 142, Article III,
Overlay Districts, of the Land Development Regulations ofthe Code.
Sec. 118-706. Administerinl! NCD Overlay Districts
New construction, additions and alterations to existing structures within any NCD
district will require that a Certificate Of Compliance (Cae) be granted in writing
in advance from the Design Review Board (DRB), or staff to the Board, in
accordance with COC regulations and guidelines as specified through individual
NCD designation. A DRB approved COC may be required for maior demolition
as defined by the pertinent NCD designation. The COC must be granted before
the owner applies for a building permit.
Sec.118-707. Repeal of or modification to an NCD Overlay District
Repeal of or modification to a NCD Overlay District shall be by ordinance and
5
pursuant to City Code Chapter 118. Article III. Amendment Procedures.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code ofthe City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days followi
,2004.
PASSED AND ADOPTED this 8th day 0
tDkr r~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
CITY ATTORNEY
JII-
OJ-: / V" c)L{
DATE
F:IPLANI$ALLINeighborhood Conservation DislrictslCily CommissionINCDEnablingOrdinanceCC2nd.09.08.04final.doc
6
COMPARISON OF LOCAL NEIGHBORHOOD CONSERVATION DISTRICTS AND
HISTORIC DISTRICTS
CONSERVATION DISTRICT HISTORIC DISTRICT
Purpose To maintain the architectural character of buildings To preserve neighborhood character and promote
and conserve the cohesiveness of the neighborhoods appropriate development; to protect areas that have
by ensuring compatibility of additions and new significant historic and architectural merit and a distinct
construction to include scale, massing, shape, character; to protect structures that contribute to the
orientation, materials, setbacks, and the rhythm of the architectural and cultural heritage of the city; and to
street. ensure that new construction, additions or alterations
are appropriate with the scale, character and
architecture of the as-built environment.
Benefits Property value enhancement; neighborhood Property value enhancement; neighborhood
revitalization; pride of ownership; preservation of revitalization; pride of ownership; preservation of
unique neighborhood character; compatible new and unique neighborhood character; avoidance of
infill construction; opportunities for local incentives; demolition of significant historic architecture;
specialized neighborhood plans compatible new and infill construction; opportunities for
federal, state and local incentives
Design Review May require CMB Design Review Board for major CMB Historic Preservation Board for major projects or
Authoritv proiects or staff for minor projects staff for minor projects
Regulated activity Alteration of exterior and new construction Demolition, rehabilitation, restoration, alteration of
exterior and public interior, and new construction
Demolition of Demolition controls, if any, will be tailored to each Generally prohibited, selective demolition may be
historically significant individual district depending on intent considered through special review
buildings and/or
features
Design guidelines CMB guidelines (special local guidelines may be CMB guidelines (special local guidelines may be
adopted for each district) adopted for each district) and Secretary of the Interior's
Standards for Rehabilitation as applicable
Stringency of design More lenient Thorough and comprehensive
auidelines
Time required for 1 - 3 days for minor work; average 2 to 6 months for 1 - 3 days for minor work; average 2 to 6 months for
design review major work depending on complexity major work depending on complexity
20 % federal No No, however. a local district may be federally
rehabilitation income registered and certified to qualify
tax credit
10% federal Yes, if criteria is met Yes, if criteria is met
rehabilitation income
tax credit
Federal income tax Yes Yes
charitable deduction
for fa!;ade easement
donation
Grants No Yes, if criteria is met; rating in review process
increases if property eligible for listing in National
ReQister
Ad valorem county No Yes, value of improvements exempt if criteria is met
property tax
exemption
Off-street parking Possibly, depending on intent Parking requirements not mandatory except when
exemptions adding floor area or new construction
Zoning incentives Yes, depending on intent Possible retention of legal non-conforming floor area,
setbacks and height
Florida Building Code No Consideration of alternative materials and methods by
interpretations the Building Official as per the Secretary of Interior's
Guidelines to achieve equivalency with requirements
Life Safety Code No Same as Building Code
interpretations
F:\PLANI$ALLINOBE conserv preserv planlComparison CD's and HD's rev 4.7.04.doc
NeiQhborhood Conservation Districts Survey
The survey was conducted to better understand the goals, regulations, public/private
involvement and performance of selected Conservation District Programs throughout the
nation. This understanding will help guide and evaluate the creation of Philadelphia's
Residential Preservation and Revitalization District (RPROD) ordinance.
Seventeen national neighborhood conservation district programs were reviewed and
their staff members queried to verify matrix information and to gain general feedback
about the districts' performance. These programs were the subject of an earlier update,
prepared by the Planning Department of San Jose, of the original matrix produced by the
Preservation Coalition of Greater Philadelphia in 1992. The updated matrix is attached.
Programs were located as follows:
Atlanta, GA
Austin, TX
Boise,ID
Boston, MA
Cambridge, MA
Dallas, TX
Lincoln, NB
Memphis, TN
Napa, CA
Nashville, TN
Omaha, NB
Phoenix, AZ
Portland, OR
Raleigh, NC
Riverside, CA
Roanoke, VA
San Antonio, TX
In addition to surveying these programs, two recent professional issues papers about
Conservation Districts were reviewed. The first is an as-yet unpublished article in the
Preservation Law Reporter of the National Trust for Historic Preservation, and the
second was pUblished in 1998 in Cultural Resources Partnership Notes by the Heritage
Preservation Services division of the National Center for Cultural Resources
StewardShip and Partnerships within the National Park Service.
Very generally, Conservation District programs can be divided into two categories:
"historic district-lite" and zoning/land use. Based on these types, the nomination of
districts and the enforcement of guidelines are typically handled by a Historical
Commission (or a neighborhood-specific review commission that includes
knowledgeable City staff) or a Zoning Department, respectively. These two types of
programs have in common the goal of encouraging neighborhood involvement and
enforcing appropriate growth. They also have in common the involvement of the
ultimate reviewing body from the outset of the district's creation. Furthermore, after a
public review process, City Councils almost always retain the final word in either an
ordinance to create a district or an ordinance to allow an overlay zone.
The "historic district-lite" conservation districts often have nomination criteria and design
guidelines that borrow from the National Register nomination process and the Secretary
of the Interior's Standards and Guidelines. Although nominations might be initiated by
neighborhood organizations facing developmentlblightlusage-change threats, criteria for
a district's actual creation usually stems from the quality and cohesiveness of a district.
Design standards information is imparted by knowledgeable City staff members either
through the creation and distribution of guidelines for creating Guidelines or through their
involvement in the process, however it is usually the neighborhood organization that
writes the standards.
These historic district-lite districts are then reviewed against standards that are similar to
but more lenient than historic district-type standards, or are divided into contributing and
non-contributing buildings. In this second (and much less common) type of district,
contributing buildings are reviewed at the same level as historically designated buildings,
and non-contributing buildings are reviewed on a more lenient standard. The key
difference in this type of "lite" district is that it would not have met the full criteria to be
created as, but had elements of, an historic district. Standards and guidelines are
usually developed neighborhood by neighborhood.
Departments of Planning are typically involved in these districts only when their
Landmarks or Historical Commissions are located within.
The conservation districts that regulate change through zonino are typically concerned
with preventing wholesale demolition of properties, preserving the use character
(residential, small commercial, etc.) of a neighborhood, and maintaining a certain scale
of allowable construction. These are sometimes, but not frequently, enhanced by other
overlay districts that regulate design. Some are regulated by the zoning overlay, and
require a non-binding design review. These zoning overlay districts may be formed at
the initiation of a neighborhood, and are frequently created as an implementation tool for
Comprehensive Neighborhood Plans written by Planning Departments.
Questions about RPROD
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PROCEDURES FOR ADOPTION OF A NEIGHBORHOOD CONSERVATION DISTRICT
Updated from Land Use and Development Committee Meeting
June 7, 2004
(a)____________________________________________________________________. REQUESTS
(b)--------- ---------------------------- ----------------------PRELIMINARYREVIEW
PRElIMINARY EVALUATION
PUBlIC KiARlNG BEfORE THE
CITY COMMISSION TO CONSIDER
THE MERITS Of THE PROPOSAL
(d)-------------------------------------- --------------------------ORBOISCUSSION
(e) _ __ _ _ __ _ _ __ __ __ _ _ __ _ __ _ __ _ _ _ _ _ __ _ _ ___ _ _ __ _ _ _ __ _ _ _ __ _ _ _ _ _ ___ __ _ FINAL ADOPTION
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance of The Mayor and City Commission of the City of Miami Beach, Florida, to consider
amending the Land Development Regulations of the Code to establish procedures and criteria for the
creation of Nei hborhood Conservation Districts in a ro riate residential areas of the Cit .
Issue:
Should the City Commission amend the Land Development Regulations to establish procedures and
criteria for the creation of Neighborhood Conservation Districts?
Item Summa IRecommendation:
The ordinance establishes the enabling legislation within the Code by which the City can create and
administer Neighborhood Conservation Districts (NCD)s. Neighborhood Conservation Districts are overlay
districts which have been developed to respond to the disparity that often exists in trying to conserve the
meaningful scale and special urban character of existing residential neighborhoods that are not protected
by historic district designation, yet are being diminished in their residential quality of life through the
introduction of unsympathetic 'as-of-right' redevelopment.
The Administration recommends that the City Commission approve the ordinance on second reading public
hearin at a time certain on Se tember 8. 2004.
Advisory Board Recommendation:
The City Commission referred the concept to the Neighborhoods Committee on July 2,2003 and the draft
concept ordinance was discussed by the committee on July, 28, 2003.
The Planning Board heard this matter at public hearings on March 23, 2004, and on April 20, 2004 the
Board voted 6-0 (unanimously) to recommend to the City Commission adoption of the enabling ordinance.
The City Commission heard this item on first reading, May 26. 2004 and voted 5-1 (1-absent) to
recommend the ordinance for second reading public hearing on July 28, 2004 with prior referral and review
by the Land Use and Development Committee on June 7, 2004.
The Land Use and Development Committee reviewed this matter on June 7, 2004 and further revised and
clarified the ordinance through public and committee comment.
At the July 28, 2004 meeting, the City Commission opened and continued the item to the September 8.
2004 meetina.
Financial Information:
Source of Amount Account Approved
Funds: 1
Finance Dept. Total
Cit Clerk's Office Le islative Trackin :
Reuben N. Caldwell! Jorge G. Gomez, Planning Department
Assistant City Manager
City Manager
AGENDA ITEM R S- A-
DATE 9~9-OC(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: September 8, 2004
From:
Jorge M. Gonzalez b r-
City Manager U"'- D
Second Readina Public Hearina
Subject:
NEIGHBORHOOD CONSERVATION DISTRICT ENABLING ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES," BY ADOPTING ARTICLE XI,
"NEIGHBORHOOD CONSERVATION DISTRICTS," ESTABLISHING
PROCEDURES AND CRITERIA FOR THE CREATION OF
NEIGHBORHOOD CONSERVATION DISTRICTS; PROVIDING FOR AN
INTENT STATEMENT, QUALIFICATION CRITERIA, AND PROCEDURES
FOR CREATING AND MODIFYING SUCH DISTRICTS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission approve the enabling
ordinance on second reading public hearing.
BACKGROUND:
The City Administration, over the last two years, has been formulating the Neighborhood
Conservation District Ordinance as an adaptive response toward maintaining and
preserving the scale, character and quality of life of certain neighborhoods that are of
considerable interest and value to the City's residential experience. The Neighborhood
Conservation District concept was first initiated by the Planning Board in affirming the
strategies of the West Avenue / Bay Front District Strategic Plan at its January 22,2002
meeting. The particular strategy called for an overlay district which could address the broad
range of zoning and neighborhood planning issues impacting existing low-scale
neighborhoods such as the Lincoln Terrace and 16th Street bay front neighborhood. In
formalizing the Neighborhood Conservation District Ordinance, the City Administration has
presented the concept to the Historic Preservation Board, Design Review Board and
Neighborhoods Committee. Most recently, the Land Use and Development Committee has
reviewed the ordinance upon referral at first reading from the City Commission.
City Commission Memorandum
Neighborhood Conservation District Enabling Ordinance - Second Readina Public Hearina
September 8, 2004
Page 2 of 4
ANALYSIS:
In considering an overlay approach for the Lincoln Terrace bay front neighborhood, staff
identified the Neighborhood Conservation District model as a desirable new concept being
implemented nationally and involving an extremely flexible approach toward protecting
those aspects of existing neighborhoods which contribute to the overall scale, character
and quality of life of a City. In this regard, the proposed ordinance was selected to enable
significant refinement of existing land use regulations, coupled with land use incentives,
both focused at the neighborhood level to address the unique development and planning
issues facing specific neighborhoods.
In researching the disparate relationship between the as-built character of the Lincoln
Terrace bay front neighborhood and the current underlying zoning, the City Administration
was unable to find a suitable mechanism within the City's Code which could bridge the gap
toward achieving consensus between the predominate property owner and surrounding
neighborhood interests while effectively maintaining the most desirable fundamental
planning principals of this low scale post war modern development. Concurrent to this
effort, staff identified similar urban dilemmas beginning to occur in North Beach
neighborhoods where a less than ideal relationship between as-built conditions and
significantly more intensive probable future development was becoming apparent.
In trying to achieve a workable medium the Neighborhood Conservation District Ordinance
has been drafted with the intent to focus on the most fundamental defining aspects of a
neighborhood's positive character. This would be accomplished by further customizing
those elements of the zoning code that do not adequately address specific positive
neighborhood characteristics already in place. In this regard, NCD designation should be
perceived as further streamlining land use zoning processes rather than over-regulating
because the NCD designation clarifies the specifics of zoning and design criteria at the
individual neighborhood level; this would be intended to reduce some of the need for
variances to the zoning code while better defining and establishing good neighborhood
planning and contextually compatible new construction.
In essence, the ordinance is a response to the disparity that often exists in trying to
conserve the meaningful scale and character of existing neighborhoods that are not
protected by historic district designation, yet are being diminished in their residential quality
of life through the introduction of unsympathetic as-of-right redevelopment.
While NCDs synthesize certain elements toward conserving the historic urban nature of a
neighborhood, their overriding purpose is to maintain and enhance the existing residential
experience through neighborhood specific development regulations coupled with economic
incentives which assist in achieving the intent of the designation. Some potential planning
tools to be implemented within an NCD include:
. Neiahborhood Soecific Zonina Reaulations
. Maintain a desirable pedestrian rhythm and scale of the street by preserving the existing character
of platting and parcelization through limiting lot assembly andlor limiting building length parallel to
the street.
City Commission Memorandum
Neighborhood Conservation District Enabling Ordinance - Second Readina Public Hearina
September 8, 2004
Page 3 of 4
. Define established building setback dimensions which are compatible with existing structures.
. Define rooftop addition setback dimensions which maintain the integrity of the street wall experience
as established through the existing building fabric.
. Establish building finishes and fenestration standards for infill architecture and major rehabilitations
that do not diminish nor contradict the overall design typology of the neighborhood.
. Neiahborhood Plans
. A tool of the NCD designation which allows specific streetscape or beautification initiatives to be
identified in the individual NCD designation and then implemented through subsequent public and
private improvement scenarios.
. Facade Easements
. This tool is especially useful in neighborhoods where National Register Designation is contemplated
or has occurred and selective preservation of certain building and site elements visible from the
street may be afforded through a Fal{ade Easement Program.
In conclusion, the Neighborhood Conservation District enabling ordinance further defines
the scope of residential neighborhood planning efforts by incorporating tools relating to
streetscape, economic incentive and administrative review procedures under one umbrella
ordinance thus further streamlining the process. The City Administration has prepared this
protective land use legislation as a mechanism to effectively unify and augment various
elements of the neighborhood planning process previously attempted solely through Article
III of Chapter 142 entitled, "Overlay Districts". In particular, the ordinance formalizes
specific procedures relative to public hearings and community input and the Administration
ultimately views this legislation as an appropriate step in the evolution of the City's land
development overlay technique whereby an amicable consensus regarding broad interests
may be reached in conserving the fundamental positive characteristics of existing
neighborhoods. In fact, the City Administration's only concern with the substantial public
process as it has been defined in the current ordinance is that formal zoning controls
toward conserving fundamental aspects of a particular NCD would not be in place until
there has been Planning Board approval; several hearings into the adoption process.
Referring to the attached flow chart describing the procedures outlined in Section 118-705
of the proposed ordinance, the process has been defined to incorporate (4) four or more
public hearings in addition to required consensus building workshops, the third meeting
being the Planning Board hearing at which time regulatory adherence to an NCD plan is
activated. The City Administration believes the City Commission may wish to consider
additional language within the enabling ordinance to allow the City Commission to instate
interim controls relative to pertinent aspects of a potential Neighborhood Conservation
District at the time of the preliminary review public hearing in order to allow for a thoughtful
development of the plan without the loss of certain fundamental elements key to the
success of the NCD plan during the substantial public hearing and adoption process.
PLANNING BOARD ACTION
The Planning Board heard this matter at public hearings on March 23, 2004, and on April
20, 2004 the Board voted 6-0 unanimously (1 vacancy) to recommend that the City
Commission adopt the Neighborhood Conservation District enabling ordinance.
City Commission Memorandum
Neighborhood Conservation District Enabling Ordinance - Second Readina Public Hearina
September 8, 2004
Page 4 0'4
CITY COMMISSION ACTION
The City Commission heard this item on first reading, May 26, 2004 and voted 5-1 (1
absent) to recommend the ordinance for second reading public hearing on July 28, 2004
with prior referral to the Land Use and Development Committee on June 7, 2004 to discuss
whether the ordinance as presented on first reading provided for adequate public
involvement. The City Commission opened and continued the matter at the July 28, 2004
meeting to the September 8, 2004 meeting.
LAND USE AND DEVELOPMENT COMMITTEE DISCUSSION
The Land Use and Development Committee discussed this matter on June 7, 2004 and
through public and committee review of a flow chart delineating the initiation and approval
process of Neighborhood Conservation Districts (see attached), the committee generally
agreed that with minor refinement and clarification, the process as defined in the enabling
ordinance at first reading does involve the substantial public notice and hearings required
to achieve adequate neighborhood representation.
FISCAL IMPACT
The ordinance creates the enabling legislation by which the City may adopt and administer
individual Neighborhood Conservation Districts and has been developed to function within
the existing land development review procedures; refining and "streamlining" when
appropriate, certain procedures. Therefore, adverse fiscal impact is not contemplated with
the adoption of this ordinance.
CONCLUSION
According to Sec. 118-164, when a request to amend the land development regulations
does not change the actual list of permitted, conditional or prohibited uses in a zoning
category, the proposed ordinance requires two readings, by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. Following the second reading public hearing,
the Commission can adopt the ordinance by a 5/7ths vote.
JMG/CMC/JGG/rnc
F:IPLANI$ALLINeighborhood Conservation DistrictslClty CommissionINCDCommMemo09.08.04.doc