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HomeMy Public PortalAbout2017-02-23 packet Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call 573-634-6410 for information regarding agenda items NOTICE OF SPECIAL MEETING AND TENTATIVE AGENDAi City of Jefferson Historic Preservation Commission Thursday, February 23, 2017 ~ 6:00 p.m. John G. Christy Municipal Building, 320 East McCarty Street Boone/Bancroft Conference Room TENTATIVE AGENDA 1. Call to Order and Roll Call 2. Approval of Agenda (as printed or amended) 3. Old Business a. Demolition Ordinance Review 4. Dates to Remember a. Next Meeting, March 14, 2017 5. Adjournment Rev. 3/31/2009 1 ARTICLE III. DEMOLITION OR REMOVAL OF BUILDINGS Sec. 8-32. Permit to demolish historic buildings. A. Review Determination: Any principal and/or accessory building(s) 50 years old or older that falls within the Historic Preservation Commission Boundary area, or is designated a city landmark, or is located in a designated city historic district, or is listed in the National Register of Historic Places shall be subject to review by the Historic Preservation Commission. The City of Jefferson Historic Preservation Commission shall review this ordinance at least once every five (5) years, or as they deem necessary. B. Boundary Establishment: This ordinance establish es the Historic Preservation Commission Boundary and is defined as an area established within the corporate boundaries of the City of Jefferson to be named “Historic Preservation Commission Boundary” which includes primarily the older neighborhoods and commercial areas within the City; the specific area is described as follows: Beginning at the intersection of Boonville Road and Belair Drive thence south to Main Street, thence east on Main Street to Dix Road, thence south on Southwest Boulevard to Stadium Boulevard, thence east along Stadium Boulevard, to Leslie Boulevard, thence east along Leslie Boulevard to Moreau Drive, thence south following Moreau Drive to Green Berry Roa d, thence east on Seven Hills Road to Bald Hill Road, thence north on Bald Hill Road to property frontages east along 700 & 800 Block of Cardinal St reet to 1400 block of Cottage Lane to 600 Block of Gordon Street to 1400 block of East Elm Street thence east to 400 block of Vetter Lane, thence north to 1500 block of East McCarty Street, thence east to 100 block of Grant St over to Riverside Drive, thence north on Riviera Street thence west along the City Limits and the Missouri River to the point of beginning. C. Purpose: The purpose of the review of permit applications for demolition or relocation of principal and/or accessory building(s) described in Part A of this section is to prevent the loss of principal and/or accessory building(s) that potentially have historical or architectural significance. The review process shall also provide the time necessary to determine if the principal and/or accessory building(s) is eligible for designation as an individual landmark, contributes to a local Conservation or Historic District or to consider alternatives to demolition for the principal and /or accessory building(s). D. Demolishing or Removing: Includes the act of either demolishing or removing: 1. Fifty percent or more of the roof area as measured in plain view (the view of a principal and/or accessory building(s) from directly above which rev eals the outer perimeter of the principal and/or accessory building(s) roof areas to be measured across a horizontal plane); or 2. Fifty percent or more of the exterior walls of a principal and/or accessory building(s)as measured contiguously around the princ ipal and/or accessory building(s) coverage; or 3. Any exterior wall facing a public street, but not an act or process which removes an exterior wall facing an alley. Comment [AJ1]: (BW) Seems to be too broad of a scope. Rev. 3/31/2009 2 a) The wall shall retain studs or other structural elements, the exterior wall finish, and the fully framed and sheathed roof above that portion of the remaining principal and/or accessory building(s) to which such a wall is attached; b) The wall shall not be covered or otherwise concealed by a wall that is proposed to be placed in front of the retained wall; and c) Each part of the retained exterior walls shall be connected contiguously and without interruption to every other part of the retained exterior walls. or; 4. Accessory principal and/or accessory building(s) such as garages, sheds, fences, and so forth which contribute to the character of the site. E. Permit Required. It shall be unlawful to demolish or remove relocate any principal and/or accessory building(s) as described in Part A of this section without first filing an application with the Director of Planning and Protective Services or his or her designee in writing and obtaining a demolition permit for a permit, receiving the permit, and conducting the demolition or relocation of the principal and/or accessory building(s) before the permit expire s. Demolition shall be construed to include an act or process which destroys, in part or in whole, a structure or which threatens to destroy a structure by failure to maintain it in a condition of good repair and maintenance. The demolition application shall be in a form promulgated by the department. Beginning work to A permit to demolish or remove relocate shall not be issued commence until a release is obtained from the utilities having service connections with the building. The release shall state tha t service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. Any application for demolition or removal shall be subject to a sixty (60) day review period by the CJHPC, except any application made to demolish or remove any building, structure or humanly constructed object built less than fifty (50) years prior to the date of application, which shall have been determined to have no historic or architectural significance by the Department of Planning and Protective Services under the criteria set out in paragraph C. Any recommendation by the CJHPC shall be advisory only. Nothing in this section shall be construed so as to prohibit the building commissioner official from acting under any emergency provisions of Chapter 8 of the Code of the City of Jefferson, Missouri. (Ord. No. 12941, §1, 6-21-99; Ord. No. 13106, §1, 9-5-2000) An application for permit to demolish or relocate any principal and /or accessory building(s) that falls under part A of this section must contain the following: 1. A copy of the historic preservation checklist. 2. Photographs as digital files of all exterior sides, interior rooms, and stairwells taken within the last ninety (90) days. Photographs must show all areas a nd characteristics of the principal and/or accessory building(s), not just those areas in disrepair. Interior photographs may be waived if the principal and/or accessory building(s) is determined structurally unsound by the Department of Planning and Protective Services. 3. Photographs of front exteriors of surrounding properties. 4. A map identifying the location of the property. 5. A plot plan showing the principal and/or accessory building(s) footprint(s). 6. Plans for site improvements including; site plan, floor plans, and elevations if a new principal and/or accessory building(s) is planned. 7. Notarized signatures of all owner’s-of-record along with proof of ownership. 8. A statement from the owner addressing why the property cannot be rehabilitated or sold to private or public bodies interested in restoring the site and principal and/or accessory Comment [AJ2]: Staff initiated change to provide clarification of an application process. Comment [AJ3]: Staff initiated change to correct title. Comment [AJ4]: *Added by staff to clarify that the historic preservation checklist is required to be completed. Comment [AJ5]: (BW) This seems unduly burdensome on the landowner. Comment [AJ6]: (BW) This is not relevant to whether or not a building should be demolished. Comment [AJ7]: (BW) The City does not require this for other permits. Rev. 3/31/2009 3 building(s). After examining an application and finding that it is in proper form, contains all necessary information, and complies with all applicable provisions of city ord inance, the department shall initiate the review process. F. Review Process. The Director of Planning and Protective shall determine within ten (10) working days after the Department has accepted a completed permit application if the principal and/or accessory building(s) falls under the description of Part A of this section. The applicant shall be notified within ten (10) working days of this decision. 1. Issuance of a Permit: The permit application shall be referred to the City of Jefferson Historic Preservation Commission (CJHPC) for review. The CJHPC shall provide a recommendation on the issuance of the permit within seventy-five (75) days from the date that a completed application is accepted. 2. Notice of Meeting: The Department of Planning and Protective S ervices shall publish one public notice of the time, place and subject matter of the CJHPC Meeting in a newspaper of general circulation in Jefferson City at least ten (10) working days before the meeting. At least ten (10) working days but not more than f ifteen (15) calendar days before the meeting, the Department of Planning and Protective Services shall also: a) Post the property subject to indicate that a demolition permit review has been requested. Minimum dimensions for the sign should be 24” x 24” giv en notice of the date, time, and place of the hearing and action requested. The sign shall remain posted on the property until after the close of the public hearing. The failure to post signs or retain notification signs on the property shall not be grounds for invalidating any action taken by the responsible decision making body; b) Notice of all public hearings shall be posted in City Hall at least 24 hours prior to any public hearing; c) Written notice shall be sent by regular first class mail to each affe cted property owner at the mailing address listed in the official records of the Assessor’s Office in the county in which the property is located. Affected property owners shall include the subject property and property within 185 feet of the boundaries of the subject property drawn parallel to the boundaries excluding intervening streets, and other public rights-of-way. The mailed notice shall include a statement explaining that this is a courtesy notice and not required by law. The failure of property owner(s) to receive notice by mail shall not be grounds for invalidating any action taken by the responsible decision making body. d) Published notice(s) and mail notification shall include the time date and place of the public hearing, the location of the property including a legal description, and a statement that interested parties shall be given a chance to be heard. e) The City shall post the notice on the City’s website. 3. Commission Review: The CJHPC shall hold a public meeting on the permit application within seventy-five (75) days after the Department of Planning and Protective Services accepts a completed application. If the CJHPC fails to hold a public meeting within seventy-five (75) days after the Department of Planning and Protective Services accepts a completed permit application, the Department of Planning and Protective Services shall issue the permit if all other requirements of the permit process have been met. The CJHPC Comment [AJ8]: (BW) Any denial based on the owner not selling their property could be an unconstitutional taking. This clause should be changed to “A statement from the owner as to why the property should be demolished.” Comment [AJ9]: (BW) Seems unreasonable in duration, and could be an unconstitutional taking. Comment [AJ10]: (BW) Where will the money come from? Comment [AJ11]: (BW) It is better to have the “review” as an agenda item at a regular commission meeting. And reviews should be done within 30 days of the application being made. Rev. 3/31/2009 4 shall consider and base its recommendation upon any of the following criter ia: a) The historic value of the principal and/or accessory building(s) or by reason of age or association with important figures or events; or as evidence of aspects of the history of Jefferson City, the State of Missouri or the United States; or as an embodiment of the distinctive characteristics of a type, period or method of construction; or as a representation of the work of an historically notable architect, designer or draftsperson; b) The visual and spatial relationship of the principal and/or accessory building(s) to designated or potential historic landmarks or historical districts; c) The state of deterioration or disrepair as it relates to the historic integrity of the principal and/or accessory building(s); d) The Commission may also consider the number of similar principal and/or accessory building(s) that still exist within the City of Jefferson. 4. Recommendation of The CJHPC : If the CJHPC finds that the principal and/or accessory building(s) to be relocated or demolished do not have historical signific ance under the criteria set forth in subsection (3 a -d) of this article, the CJHPC shall recommend the Department of Planning and Protective Services issue the permit if all other requirements of the permit process are met. If the CJHPC finds that the principal and/or accessory building(s) have historical significance under the criteria set forth in subsection (3 a -d) of this section, the application shall be recommended for denial and forwarded to the City Council. The applicant shall be notified in writin g within ten (10) working days of the CJHPC recommendation. 5. Decision of the City Council: City Council, by ordinance, may affirm or reject the CJHCP’s recommendation to deny the application. If the City Council rejects the CJHPC’s recommendation to deny the application, the application shall be suspended for a period not to exceed one hundred eighty (180) days from the date the Council makes a final determination. 6. One Hundred Eighty Day Stay Period: During the period of a stay of the issuance of a permit for demolition or relocation, the CJHPC may take any action that it deems necessary and consistent with this chapter to preserve the principal and/or accessory building(s) including but not necessarily limited too; consulting with civic groups, public agencies and interested citizens, recommending acquisition of the property by private or public bodies or agencies, exploring the possibility of moving the principal and/or accessory building(s) that would otherwise be demolished and salvaging materials. If an individual landmark or district designation has not been initiated during the one hundred eighty day period, the Department of Planning and Protective Services shall issue a permit if all other requirements of the permit process have been met. 7. Appeal of City Council Decision: The applicant may appeal the City Council’s decision to deny issuance of a demolition permit to the Circuit Court of the county in which the principal and/or accessory building(s) is located. 1. Department. All applications for permission to demolish a building or structure shall be made to the Department of Planning and Protective Services. For any structure that is fifty (50) years old or older, the application must contain the following: 1) photographs, either in hard copy or as digital files, of all exterior sides, interior rooms, and stairwells, taken Comment [AJ12]: (BW) Any recommendation should be made to the Director of PPS. The Director then decides to issue or deny the permit. The landowner may then seek review by the Council. This is how the City’s administrative review process has been established, and it meets the procedural requirements of the state administrative procedures act. Comment [AJ13]: (BW) No remove Rev. 3/31/2009 5 within the last ninety (90) days; and 2) a statement from the owner addressing why the property cannot be rehabilitated or restored with a reasonable economic return to the owner. After examining an application and finding that it is in proper form, contains all necessary information, and complies with all applicable provisions of city ordinances, the department shall forward a copy of the application to CJHPC. (Ord. No. 15184, §1, 10-21-2013. 2. CJHPC. The CJHPC may have a sixty (60) day period for review of every application for a demolition permit subject to this section. The CJHPC shall es tablish procedures to expedite the review of applications for permits to demolish structures. (Ord. No. 12941, §2, 6-21-99) G. Standards of Review for a Permit to Demolish. 1. The historic value of the building or structure by reason of age or association with important figures or events; or as evidence of aspects of the history of Jefferson City, the State of Missouri or the United States; or as an embodiment of the distinctive characteristics of a type, period or method of construction; or as a representation of the work of an historically notable architect, designer or draftsperson; 2. The visual and spatial relationship of the building or structure to designated or potential historic landmarks or historical districts; 3. The state of deterioration or disrepair or structural unsoundness of the building or structure, and the practicability of rehabilitation. The CJHPC may request the applicant to submit documentation beyond that which is specified in the application in a form specified by the CJHPC or other information necessary to determine whether the property can be rehabilitated or restored with a reasonab le economic return to the owner. (Ord. No. 15184, §1, 10-21-2013) H. Approval or disapproval. Within five (5) days after either: 1. the CJHPC’s determination: or 2. the expiration of the sixty (60) day review period, whichever occurs first, the director of Planning and Protective Services shall approve or not approve the application. A negative recommendation by the CJHPC shall not be grounds for disapproval of the application. (Ord. No. 14691, §2, 6-21-2010; Ord. No. 9154, § 1, 8-21-78; Ord. No. 10397, § 7, 4-1-85; Ord. No. 11737, § 1, 5-4-92; Ord. No. 12794, §2, 8-17-98) Sec. 8-33. Penalties, permit fee & insurance requirements for historic buildings. A. Penalties: The penalty for the unlawful demolition of a principal and/or a ccessory building(s) in violation of this article is a fine of ninety percent (90%) of the assessed value of the real property of the most recent assessment done by the Cole County Assessor’s Office or by imprisonment not to exceed one hundred eighty (180) days or both. In addition to any other remedies prescribed by this article the Department Director may impose a two (2) year ban on the issuance of any building or structure permit for the parcel of land on which the unlawfully demolished principal and/o r accessory building(s) were located as well as to individual(s) who demolish a principal and/or Comment [AJ14]: Staff added to clarify the penalties and fees are for historic buildings only. Comment [AJ15]: (BW) No, exceeds the maximum fine in which a municipality can impose. Our cap is $1,000. Comment [AJ16]: (BW) This amounts to an unconstitutional taking. Rev. 3/31/2009 6 accessory building(s) that fall under 8 -32 Part A without first obtaining and fully complying with the provisions of a demolition permit. B. Fees: No permit to remove or demolish a building shall be issued until a fee as set out in Appendix Y shall have been paid/submitted to the Department of Planning and Protective Services. C. Minimum permit application fee shall be no less than three hundred and ten dollars and no cents ($310). No permit to remove or demolish a building shall be issued until a fee as set out in Appendix Y shall have been paid to the department of Planning and Protective Services or other authorized municipal agency. (Ord. No. 9154, § 3, 8-21-78; Ord. No. 9534, § 1, 10-20-80; Ord. 14272, §5, 10-15-2007) Sec. 8-32 34. Permit to demolish properties not meeting the definition of Sec. 8-32. I. Permit Required. It shall be unlawful to demolish or remove without first filing an application with the Director of Planning and Protective Services or his or her designee in writing and obtaining a demolition permit. Demolition shall be construed to include an act or process which destroys, in part or in whole, a structure or which threatens to destroy a structure by failure to maintain it in a condition of good repair and maintenance. The demolition application shall be in a form promulgated by the department. Beginning work to demolish or remove shall not commence until a release is obtained from the utilities having service connections with the building. The release shall state that service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. Nothing in this section shall be construed so as to prohibit the building official from acting under any emergency provisions of Chapter 8 of the Code of the City of Jefferson, Mis souri. (Ord. No. 12941, §1, 6-21- 99; Ord. No. 13106, §1, 9-5-2000) Sec. 8.35. Permit fee No permit to remove or demolish a building shall be issued until a fee as set out in Appendix Y shall have been paid/submitted to the Department of Planning and Protective Services. (Ord. No. 9154, § 3, 8-21-78; Ord. No. 9534, § 1, 10-20-80; Ord. 14272, §5, 10-15-2007) Sec. 8-34 36. Maintenance of vacated premises. Whenever a building is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grade and the erection of the necessary retaining walls and fences in accordance with the provisions of Article 13 of the city's building code. (Ord. No. 9154, § 4, 8-21-78) Comment [AJ17]: Staff initiated change to match Section 8-35. Yes I realize it is somewhat duplicated in letter C. Comment [AJ18]: (BW) Fees seems unreasonable. This would be the highest permit fee in the City. Could argue that this high of a fee amounts to an unconstitutional taking. Comment [AJ19]: Staff added section; The first section is the demolition application process for historic properties. This section would cover all other demolition applications. Comment [AJ20]: Clarification of original code language. Rev. 3/31/2009 7 Sec. 8-35 37. Grading of lot. When a building has been demolished or destroyed by fire or other natural ca uses and no building operation has been projected or approved, the vacant lot shall be filled, graded and maintained to conform on all sides to the existing grades and elevations of the adjacent property. Adjoining walls shall be left in an acceptable condition to prevent the harboring of insects, rodents or pigeons. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public; provisions shall be made to pre vent the accumulation of water or damage to any foundations on the premises of the adjoining property. Upon completion of the demolition, the lot shall be left in a state that is aesthetically acceptable to the director of Planning and Protective Services. In the event of a disagreement over the term "aesthetically acceptable," the matter shall be referred to the city council for final determination. (Ord. No. 9154, § 5, 8-21-78) Sec. 8-36 38. Suspension of permit. Any demolition permit shall become invalid if the authorized work is not commenced within thirty (30) days after the issuance of the permit, or if the authorized work is suspended or abandoned for a period of ten (10) days after the time of commencing the work. All work including grading and lot re-construction must be completed within ninety (90) days after the time of commencing the work unless a written extension of time is issued by the Director of Planning and Protective Services. (Ord. No. 9154, § 6, 8-21-78) Sec. 8-37 39. Penalties. Any person who shall violate any provision of this article shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed one hundred eighty (180) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. (Ord. No. 10397, § 8, 4-1-85; Code 1983, § 7-38; Ord. No. 11201, § 4, 4-17-89) Secs. 8-38 40- 8-48. Reserved.