staff report - height map 15... · (see attached letter from the city attorney). height map...

MAP AMENDMENT/HEIGHT MAP AMENDMENT SUMMARY

Report Status

Initial Report- July 15, 2014

Petitioner, Property Owner, Agent Information

SRD, LLC d/b/a The Kessler Corporation, petitioner, owner Harold Yellin, agent

Existing Height Zone

Three stories above River Street Two stories above River Street

Requested Zoning

Three stories, or 45 feet, above Bay Street One story above Bay Street

Subject Area Location

The amendment proposes to allow a maximum of three stories or 45 feet above Bay Street (approximately six stories) in the northwestern corner of the Savannah Historic District extending (i) approximately 190 feet west of the western right-of-way line of Martin Luther King, Jr. Blvd. along the Savannah River; and (ii) approximately 555 feet east of the eastern right-of-way line of Martin Luther King, Jr. Blvd. along the Savannah River (“Power Plant Site”); and a maximum of one story above Bay Street (approximately four stories) in the northwestern corner of the Savannah Historic District extending approximately 250 feet along the Savannah River to the east of the Power Plant Site. The stories as described herein are illustrated in the Historic District Height map.

Policy Analysis

The additional requested height in the subject area, both to the east and west of the Power Plant is not consistent with the surrounding historic context and is not consistent with the Savannah Historic District Ordinance (Section 8-3030).

Recommendation

Staff recommends denial of the proposed amendment to the Historic District Height Map, referenced in Section 8-3030(n)(2) of the Savannah Zoning Ordinance.

MPC STAFF REPORT TEXT AMENDMENT

Historic District Height Map July 15, 2014

MPC File No. 14-002976-ZA

TO: The Planning Commission FROM: MPC Staff DATE: July 15, 2014 SUBJECT: Map Amendment to the City of Savannah Zoning Ordinance

Re: Amendment to the Historic District Height Map (established in Section 8-3030(n)(2), Historic District, Design Standards, Height, of the City of Savannah Zoning Ordinance) to modify the height zones in the northwest quadrant of the historic district.

Petitioner: SRD, LLC d/b/a The Kessler Corporation Agent: Harold Yellin MPC File No. 14-002976-ZA Ellen I. Harris, AICP, MPC Project Planner

NATURE OF THE REQUEST: The petitioner is requesting to amend the Historic District Height Map (established in Section 8-3030(n)(2), Historic District, Design Standards, Height, of the City of Savannah Zoning Ordinance) to modify the height zones in the northwestern quadrant of the historic district. The amendment proposes to allow a maximum of three stories or 45 feet above Bay Street (approximately six stories) in the northwestern corner of the Savannah Historic District extending (i) approximately 190 feet west of the western right-of-way line of Martin Luther King, Jr. Blvd. along the Savannah River; and (ii) approximately 555 feet east of the eastern right-of-way line of Martin Luther King, Jr. Blvd. along the Savannah River (“Power Plant Site”); and a maximum of one story above Bay Street (approximately four stories) in the northwestern corner of the Savannah Historic District extending approximately 250 feet along the Savannah River to the east of the Power Plant Site, as illustrated in the Historic District Height Map. PETITION BACKGROUND: A similar petitioner was heard by the MPC on March 11, 2014 and April 1, 2014 (14-000709-ZA). The petition was for a text amendment to the Historic District Ordinance (Section 8-3030) to amend the Height Map. The Planning Commission recommended approval of the petitioner’s request and City Council approved the text amendment as requested on June 12, 2014. Subsequently, a Petition for Declaratory Judgment, Mandamus and Injunctive Relief was filed which alleges that the Zoning Procedures Law (ZPL) was violated because the change in the height map was a “zoning decision” of a local government that required a sign to be placed on the property and

Map Amendment – Historic District Height Map MPC File No. 14-002976-ZA July 15, 2014 notices to be sent to adjoin property owners. Consequently, the City Attorney, Brooks Stillwell, as a co-defendant in the litigation, advised the petitioner to refile the petition as a map amendment rather than a text amendment in order to “eliminate any and all due process claims raised in the petition” (see attached letter from the City Attorney). HEIGHT MAP BACKGROUND: In 1992, a report entitled, “A City of Streets and Squares: Savannah Design Guidelines for the Historic District” was prepared for the City of Savannah by Christopher Chadbourne with Clarion Associates, Inc. Also known as the Chadbourne Report, it made recommendations for measurable design standards in the Savannah Historic District to help preserve the historic character and provide predictability to property owners and residents. The Report stressed the importance of height guidelines to bring “predictability to the development community, surety to the neighborhoods and continuity to the historic city which is at the root of the city’s tourist economy.” This report included the first height map developed for the historic district (Figure 1).

Figure 1. Height Limits map, Figure 10.0, from A City of Streets and Squares, Savannah Design Guidelines for the Historic District, prepared for the City of Savannah in April 30, 1992, revised October 30, 1992 by Christopher Chadbourne and Associates with Clarion Associates, Inc. The approximate location of subject area is outlined in blue. A citizen steering committee, using the Chadbourne recommendations as a guide, revised the

Map Amendment – Historic District Height Map MPC File No. 14-002976-ZA July 15, 2014 historic district ordinance including a new height map, and was officially adopted by the Mayor and Alderman in 1997 (Figure 2).

Figure 2. Historic District Height Map as adopted by the Mayor and Aldermen in 1997, from the Manual for Development in the Savannah Historic District and Historic District Zoning Ordinance, 1997. The approximate location of subject area is outlined in blue. In 2003, the height map was subsequently reevaluated and amended, but the changes did not impact the subject area (Figure 3).

Figure 3. Historic District Height Map, Section 8-3030(n)(2), Historic District, Design Standards, Height, of the City of Savannah Zoning Ordinance. FINDINGS:

Map Amendment – Historic District Height Map MPC File No. 14-002976-ZA July 15, 2014 1. Most of the area requested to be modified is within the Savannah National Historic

Landmark District and the local historic zoning overlay but a portion is only within the local historic zoning overlay (Figure 4). The entire area is subject to the Historic District Height Map.

Figure 4. Map of the Savannah National Historic Landmark District, showing in purple, and the local historic zoning overlay district, outlined in black. The approximate location of the subject area under consideration is outlined in blue.

2. In the Chadbourne Report, detailed descriptions are provided for the redevelopment of the

area in question. The western portion of the area in question is called the West Riverfront, which consists of the area between Bay and the River, abutting and including the Power Plant site. Chadbourne notes that, “The transformation of this area is dependent on the conversion of this plant and the reuse of plant and land for hotel/commercial purposes…” Specifically regarding the Power Plant, the report states, “If the SEPCO site is abandoned it is recommended that the brick building be retained as a shell for new uses. Its depth may require a portion of it becoming an atrium or a courtyard. It is further recommended that infill construction within the shell not exceed shell height or the height of permitted buildings on River Street and that, should infill construction exceed shell height, it be set back at least 20 feet from the shell.” Clearly the Report envisions the Power Plant the pinnacle feature of this area. Regarding the area to the west of the Power Plant, “The guidelines envision a required park (or inlet subject to review by the Army Corps of Engineers) extending westward at the foot of Martin Luther King Jr. Boulevard which would open up sites on the south side of River Street and provide a fitting public terminus to Martin Luther King Jr. Boulevard; a continuous riverfront pedestrian walk; the maintenance of commercial retail bounding River Street to and surrounding this park, and leveraging of these features to open up development sites one block off the water…” The report further notes that, “Buildings north of Williamson and Indian Streets should not exceed 5 stories above River Street…” The eastern portion of the area in question (east of the Power Plant) is within an area called Factors Walk and the Riverfront. The report notes that, “Factors Walk presents a building typology even more tightly defined

Map Amendment – Historic District Height Map MPC File No. 14-002976-ZA July 15, 2014

by precedent than does the Oglethorpe Plan area… There is no other interface between city and river like it in America, if not the world. Nothing should threaten its integrity. Any demolition would be a significant loss. The insertion of tall and/or bulky buildings, and the maintenance of prior relational height criteria in this area threaten its integrity both by singular action and by precedent for future actions.” The report does not seem to adequately address the area immediately east of the Power Plant. The distinctive characteristics of this area seem to be lumped in with the bulk of River Street, as the report state, “Pavilions north of River Street in this area shall not exceed one story in height…” which seems to not take into consideration the taller buildings that existed on the site historically or more recently. Chadbourne’s height map illustrates that the area west of the Power Plant should be park or open space. Further west, the area under discussion should be limited to five stories above River Street. The Power Plant site and area to the east is designated as three stories with the provision that pavilions north of River Street in this area shall not exceed one story in height, even though it is within a three story height zone.

Figure 5. Excerpt from the Height Limits map, A City of Streets and Squares, Savannah Design Guidelines for the Historic District, 1992 by Christopher Chadbourne and Associates with Clarion Associates, Inc. The approximate location of subject area is outlined in blue.

3. The Historic District ordinance and Historic District Height Map adopted in 1997 did not

reflect all of the recommendations from Chadbourne’s Report. The 2003 amended map reflected the same heights in this area as the 1997 version. Both maps identify the subject area as allowing for a maximum of two or three stories above River Street (Figure 6).


Figure 6. Excerpt from Historic District Height Map as adopted by the Mayor and Aldermen in 1997. The approximate location of subject area is outlined in blue.

4. The current context of the site includes the Power Plant itself which rises to an impressive 95

feet tall. Buildings along River Street in the immediate vicinity are generally three and four stories tall.

5. Historically, a variety of industrial structures with varied heights existed on the site. ANALYSIS: 1. The current adopted height map limits height to three stories west of the Power Plant and

two stories for the Power Plant itself and the area east of the Power Plant.

2. The amendment proposes to allow a maximum of three-stories or 45 feet above Bay Street for the area that includes the Power Plant as well as east and west of the site. 45 feet above Bay Street, as measured at City Hall, equates to 79 feet tall at the subject site. The petitioner has stated that they intend to construct a six story building (Building C) east of the power plant. The number of stories for the building to the west of the power plant was not specified.

3. The amendment also proposes to allow a maximum of one story above Bay Street (effectively four stories) to the east of the Power Plant. The petitioner has stated that they intend to construct two four story buildings (Buildings A and B) in this location.

4. The distinction in maximum heights along the riverfront versus those on Bay Street (ie the distinction between “three above Bay” or “three above River”) references the historic condition of taller buildings along following the 40-foot bluff. The bluff condition does not exist at the River Street level, therefore staff recommends any change to the Height Map in this area reference the number of stories above River Street, not Bay Street.

5. Chadbourne’s Height Map recommends five stories be permitted at the west of the Power Plant, and three stories be permitted at the Power Plant and to the east of the Power Plant.

6. Chadbourne’s Report notes the importance of retaining low building heights along the water front to allow visibility of the legible edge to the city made by buildings on the south side of


the street. Retaining lower stories along the waterfront helps to extend the historic development pattern into these adjacent areas to provide a cohesive edge to the district.

7. While this area is unusual in that a tall, historic building currently exists on the north side of River Street, staff feels it is critically important for the height north of River Street to transition to lower heights to the east, to be more in keeping with the low, smaller scale buildings which exist north of River Street further east.

8. In the area to the west of the Power Plant, though not to the east, large scale development has the opportunity to earn a “bonus” story above the height map for meeting certain criteria, provided the proposed height is visually compatible.

9. At the March 11th and April 1st MPC meetings when the Text Amendment for this project was reviewed, Staff recommended an alternative amendment which would allow five stories (with the opportunity for a “bonus story”) to the west of the Power Plant, and three stories to the east of the Power Plant. Staff did not feel that the Height Map was in error in its current configuration, but simply that additional height may be visually compatible, given the existing height (95 feet tall) of the historic Power Plant.

Figure 7: Previous Staff Recommended Amended Height Map

10. However, because the Petitioner rejected the alternative Height Map amendment proposed

by Staff, the Planning Commission asked at the April 1st meeting for Staff to make their recommendation based on the Petitioner’s proposal and not the alternative.

ALTERNATIVES: 1. Recommend approval of the request as submitted to amend the Historic District Height

Map, referenced in Section 8-3030(n)(2) of the Savannah Zoning Ordinance.

2. Recommend denial of the request to amend the Historic District Height Map, referenced in Section 8-3030(n)(2) of the Savannah Zoning Ordinance.

3. Recommend approval of an alternative amendment to the Historic District Height

Map, referenced in Section 8-3030(n)(2) of the Savannah Zoning Ordinance.


Figure 8: Existing Height Map

Figure 9: Petitioner Proposed Amended Height Map STAFF RECOMMENDATION: Denial of the proposed amendment to the Historic District Height Map, referenced in Section 8-3030(n)(2) of the Savannah Zoning Ordinance, to allow a maximum of three stories or 45 feet above Bay Street (approximately six stories) in the northwestern corner of the Savannah Historic District extending (i) approximately 190 feet west of the western right-of-way line of Martin Luther King, Jr. Blvd. along the Savannah River; and (ii) approximately 555 feet east of the eastern right-of-way line of Martin Luther King, Jr. Blvd. along the Savannah River (“Power Plant Site”); and a maximum of one story above Bay Street (approximately four stories) in the northwestern corner of the Savannah Historic District extending approximately 250 feet along the Savannah River to the east of the Power Plant Site, as illustrated in the Historic District Height map.

staff report - height map 15... · (see attached letter from the city attorney). height map...

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