January 13, 2020
Memo: Mayor Bill Barnett, Vice Mayor Gary Price and Members of City Council
From: Lori Raleigh
Re: January 15, 2020 City Council Meeting- Agenda Item 15.F- Re Proposed Text Amendment 19-T13-Height
Thank you for the opportunity to share a few thoughts with you.
In recent years we have experienced a substantial “relaxation” of the land development (zoning ) codes.
As noted at previous meetings, essentially all of the pillars —height, density, lot coverage, and parking requirements —have all been dramatically relaxed. Fifth Avenue is an excellent example—with lot coverage going from 45% to 100%, density going from 8 to over 20 units per acre and parking requirements from 100% to essentially only residential parking being required on site.
And with regard to “Height” specifically —for many years it was 35’, Duany proposed 38’ and the Charter Height referendum allowed for Height of projects in commercial zoning districts to go up to 42’. In recent years we have approved projects with Heights of 49-50 ‘ , or 40% higher than originally envisioned for Fifth Avenue.
During the recent Planning Advisory Board Meeting on January 8, 2020, we learned that some members of PAB were not aware of the ordinances I.e. 00-8818 and 00-8872 adopted in 2000 to implement the 42’ and 3 floor height limits in the Charter.
For your quick reference attached are copies of Ordinances 00-8818 and 00-8872 along with a copy of the minutes of the city council meetings where these ordinances were adopted. Ordinance 00-8818 was agenda item #7 at the May 3, 2000, City Council meeting and 00-8872 was agenda item # 10 at the June 21, 2000, City Council meeting.
Following are three issues that we would request be front and center in the discussion of proposed Text Amendment 19-T13 re “Height”
#1 Section 56-39 Applicable to Single Family Residences Only
Section 56-39 was intended to apply to Single family residences only (this was confirmed by the Planning Director at the 10/14/2019 workshop). Why we allowed developers to use this loophole for several projects is not clear…and perhaps a discussion for another day …however, in connection with the discussion at the January 15, 2020, city council meeting it begs the question WHY are we proposing to amend a code intended to apply to Single Family residences only to now apply to commercial projects?
And why are we even considering amending 56-39 with language as noted below that is in direct conflict with the intent and the language in the ordinances adopted to implement the 42’ and 3 floor height limits in the charter for projects in commercial zoning districts?
#2 Conflict with 42’ and 3 floor Height Limits in the Charter
The proposed change to 56-39 (to allow for 42’ plus 7’ to accommodate mechanical equipment etc) is in conflict with the 42’ and 3 floor height limits in the Charter. The language in the ordinances 00-8818 and 00-8872 adopted to implement the height limits in the Charter allows for up to 7’ of mechanical equipment and embellishments on the roof—with the requirement, however, that mechanical equipment, elevator shafts, and embellishments must be accomplished within (not in addition to) the 42 feet —NO EXCEPTIONS.
#2 Reconciling Prior Attorney Opinions & Referendum Vote Required
It is also important to note—-when staff and a prominent architect raised the issue of tweaking the height limits (for commercial/mixed use projects) a few years ago, at that time both the mayor and the city attorney were of the opinion that since the 42’ and 3 floor height limits in commercial zoning districts were established by a referendum vote—any change would need to be accomplished by referendum.
Once again, thank you for the opportunity to share these thoughts and concerns with you.
City Council Contact Information
Mayor Bill Barnett mayorbill@naplesgov.com
Vice Mayor Gary Price gprice@naplesgov.com
Reg Buxton rbuxton@naplesgov.com
Michelle McLeod mmcleod@naplesgov.com
Ellen Seigel eseigel@naplesgov.com
Terry Hutchison Thutchison@naplesgov.com
Raymond Christman rchristman@naplesgov.com
City Clerk - Rambosk, Patricia prambosk@naplesgov.com