The following is a summary of the proposed overlay ordinance, which is attached:

Allowable Uses
1. The main permitted uses within the overlay are limited to apartment, townhome and single-family dwelling.

2. There shall be no conditional or accessory uses in the overlay.

3. The following uses would be prohibited in the overlay:

• Day care facility;
• Religious institutions;
• Private and public institutions;
• Schools; and
• Commercial or noncommercial parking lots and garages.

Lot Aggregation Guidelines
1. A maximum of three (3) platted lots may be combined for the use of a single family dwelling only. Apartment or townhomes shall not be permitted on more than two (2) aggregated lots.

2. Where a development is proposed on three (3) lots, the maximum building height for the entire portion of at least one (1) of the aggregated lots shall not exceed 35 feet.

3. New construction shall acknowledge the original platting of the assembled parcels through separation of buildings and appropriate architectural treatment within the building's façade.

4. For unified sites containing a non-conforming hotel use, up to three (3) platted lots may be aggregated and the foregoing limitations (1 to 3) shall not apply. The aggregation of up to three (3) platted lots shall only be permitted if any lots fronting Farrey Lane are used for the sole purpose of providing vehicular circulation and do not contain any enclosed structures.

Design and Resiliency Standards
1. All levels of an existing structure located below Base Flood Elevation plus one (1) foot (BFE +1’) may be repurposed with non-habitable uses.

2. Subterranean levels shall only be permitted in the event that the space is purposed and designed as part of a storm water management plan, including but not limited to storm water collection and cisterns for reuse of captured water.

3. New construction shall be designed to incorporate naturally landscaped areas at the ground level, in addition to the minimum setback requirements, which is equal to or greater than five (5) percent of the total lot area. In lieu of this requirement, a green roof(s) may be provided with a minimum area of 25% of the total roof area.

4. For raised yards requiring a retaining wall, the exterior of such wall, on all sides, shall be designed and finished in a manner that result in a high-quality appearance when seen from adjoining properties.

5. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations.

SUMMARY
The existing residences on Farrey and Century Lane work well as a cohesive architectural form, due to their collective low scale and connection to the street. However, these older homes are all well below current standards for flood elevation, and any new construction, regardless of lower building heights, is going to have an impact on the older scale of buildings. New construction, for better or for worse, simply does not have the ability to accommodate this same scale, due to minimum flood elevation requirements.

The Administration is supportive of the proposed overlay ordinance, as it accommodates existing development regulations (e.g., FAR) and allows for appropriate new construction along Century and Farrey Lane. Additionally, non-residential uses would not be permitted within the overlay.

APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.