HISTORY
On January 17, 2016, the Mayor’s Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Alemán and Joy Malakoff are the sponsors of the item.
ANALYSIS
Section 118-395 defines the procedures for the retention of nonconforming structures that are being renovated. The section has several requirements for existing structures undergoing a renovation that exceeds 50% of the value of the structure, in order to maintain nonconforming development attributes such as floor area, height, setbacks, and parking credits.
In order to encourage buildings undergoing a renovation of more than 50% of the value of the building to become more sustainable, the proposed ordinance would allow for additional flexibility in the portions of the building that must be maintained in order to maintain nonconforming floor area, height, setbacks, and parking credits, while establishing additional sustainability and resiliency requirements. The proposal would modify the requirements for the maintenance of nonconforming floor area, height, setbacks, and parking credits as follows:
· Additional flexibility would apply to buildings undergoing such a renovation and located within a designated historic district or for an historic site as follows:
The existing structure's floor area may remain or be relocated within the building, and the existing height, setbacks and any existing parking credits may remain if the following portions of the building remain substantially intact, and are retained, preserved and restored:
i. At least 75 percent of the front and street side facades; walls, exclusive of window openings;
ii. At least 75 percent of the original first floor slab;
iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls, exclusive of window openings; and
iv. All architecturally significant public interiors.
· Additional flexibility would apply to buildings undergoing such a renovation and NOT located within a designated historic district or for an historic site as follows:
Buildings constructed prior to 1965 and determined to be architecturally significant by the planning director, or designee, may retain the existing floor area ratio, height, setbacks and parking credits, or relocate existing floor area within the building, if the following portions of the building remain substantially intact and are retained, preserved and restored:
i. At least 75 percent of the front and street side facades, exclusive of window openings;
ii. At least 75 percent of the original first floor slab;
iii. At least 50 percent of all upper level floor plates; and
iv. At least 50 percent of the interior side walls, exclusive of window openings.
The ordinance would also require buildings undergoing such a renovation to be subject to the Sustainability and Resiliency Requirements of Chapter 133 of the City Code with modifications. It would require that existing buildings located within an historic district or site pay become a minimum of LEED Certified or require the payment of a fee of two percent (2%) of the construction value, while buildings being replicated would be subject to the full requirements of Chapter 133, which requires a minimum of LEED Gold Certification or require the payment of a fee of five percent (5%) of construction value. Outside of an historic district or site, architecturally significant, pre-1965 buildings would be required to be a minimum LEED Silver Certified or require the payment of a fee of three percent (3%) of the construction value; while those constructed in 1965 or after or that are not architecturally significant would be subject of the full requirements of Chapter 133.
As part of the committee and board review process, input from the City Attorney will be required, specifically as it pertains to the relocation of existing FAR.