The neighborhood association is moving forward with a request for the city to place a conservation overlay zone on our neighborhood. This was also discussed in a previous post: with increasing real estate values and especially pressure to develop more densely in the city’s core, our neighborhood risks losing it’s unique historic character without guidelines on new construction. We previously had development guidelines, up until 2018, when the neighborhood was zoned RLE-1, a special zoning district (that was created for us) to preserve our architectural heritage–but it also allowed for apartment buildings to be built here. We are now zoned R-SF, which only allows construction of single family housing (with previous apartments grandfathered in), but this doesn’t have any architectural guidelines for new construction. The Conservation Overlay would add these back in.
Neighbors will soon receive newsletters with more details, and HENA (the neighborhood association) and the city will both sponsor informational meetings as well, before this request is considered by the city. Basically a conservation overlay requires new construction to somewhat mirror the style of established buildings in the area. This will be a new restriction on the use of local properties, on what you are allowed to build-although presumably this will benefit all homeowners in the neighborhood–but you should know the details. To this end, the full municipal code addressing conservation overlays is cut and pasted here!
1.Purpose. To conserve residential neighborhoods and areas in the city that retain the character of periods of development, to stabilize and improve property values in such areas, and to promote new construction that is compatible with the character of such areas. These requirements will overlay or supplement the applicable standards found in the underlying zoning districts, while not affecting permitted uses.
2.Minimum criteria for designation of a C-O District. The following shall be the minimum standards and requirements for zoning an area as a C-O district:
a.At least 75 percent of the land area within the proposed district, not including streets and other rights-of-way, is developed.
b.Prior to an application submittal to rezone an area to a C-O district, the applicant shall submit one of the following:
i.A letter from a registered neighborhood group requesting the C-O district zoning for all properties within the proposed district; or
ii.For areas without a registered neighborhood group, written evidence that more than 50 percent of the owners of properties within the proposed district agree to the C-O district zoning.
3.Findings required. In addition to compliance with the review criteria for rezonings stated in section 15.02.050.H, the city council may zone an area as a C-O district only if the area meets the minimum criteria stated in subsection B.2 of this section and the city council finds that:
a.The district retains the general character and appearance of its original period of development;
b.The district evidences on-going maintenance of existing buildings or there is potential for rehabilitation of existing buildings in the district;
c.There is potential or existing pressures for redevelopment and new infill development in the district; and
d.The district exhibits a significant degree of continuity in terms of the built environment.
4.Allowed uses. Principal permitted, conditional, secondary, and accessory uses allowed in the underlying zoning district are allowed in the C-O district.
5.Special development standards. All development in a C-O district shall comply with the following development standards. In the case of conflict between these C-O district development standards and any other provision of this development code, these C-O district development standards shall govern and apply.
a.Average front setbacks.
i.When more than 50 percent of the existing front setbacks on the same and facing block faces (both sides of the street) are less than the minimum required by the underlying zoning, applicants shall use an average front setback rather than the minimum front setback for the underlying zoning district stated in chapter 15.03.
ii.The average front setback is the average of the existing front setbacks of buildings located on the same and facing block faces as the proposed development.
iii.For purposes of subsections B.5.a.i and B.5.a.ii of this section, only lots with similar uses to the use proposed for development are included in the calculations.
iv.If lots on the same or facing block face are vacant, the setback on such vacant lots is the minimum front setback required by the underlying zoning.
b.Contextual building heights. Notwithstanding the maximum building height limit in chapter 15.03 for the underlying zoning district, a contextual height standard shall be used in the C-O district.
i.The contextual building height may fall at any point between the maximum building height limit and the height of existing buildings on any lot adjacent to the subject lot.
ii.The building height on adjacent vacant lots shall be considered to be the height of the nearest existing building on the same block face as the vacant lot.
c.Residential lot coverage limits. The lot coverage of a proposed dwelling shall be at least 50 percent and no more than 125 percent, of the average lot coverage of other dwellings located on the same or facing block face (both sides of the street).
d.Architectural design. Development in a C-O district shall be designed and constructed to be generally compatible with the design and appearance of other existing buildings on the block. At least three of the following features shall be substantially similar to other buildings on the same or facing block face (both sides of the street):
i.Roof slope and overhang;
ii.Exterior building materials;
iii.Window and door opening shape, size, and alignment; or
iv.Front porches or porticos.
e.Site development. Site development shall address the following the maximum extent practicable:
i.Preserve desirable trees and other vegetation pursuant to section 15.05.040;
ii.Locate off-street parking to mitigate impacts on adjacent properties;
iii.Accommodate solar access of adjacent properties; and
iv.Provide fencing that is compatible with materials, height, and design of fencing on adjacent properties.
f.Preservation of special district features. Historic, culturally significant, and unique buildings, structures, and features in the district shall be preserved to the maximum extent feasible.
g.Specific neighborhood design standards. An applicant, subject to the requirements of subsection B.2.b of this section, may propose neighborhood design standards specific to a proposed or existing C-O district pursuant to the following:
i.Design standards for a proposed C-O district shall be reviewed and approved in conjunction with the rezoning request for the C-O district.
ii.Design standards for an existing C-O district shall be reviewed and approved according to the procedures for a concept plan amendment under section 15.02.060.F.2.
iii.All construction and development in the C-O district shall comply with the design standards. In the case of conflict between such adopted neighborhood design standards and any other provision of this development code, the specific neighborhood design standards shall apply.
