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HomeMy Public PortalAbout2021-10-07 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 REGULAR MEETING AND TENTATIVE AGENDAi City of Jefferson Historic Preservation Code Revision Commission Thursday, October 7, 2021 ~ 6:00 p.m. Boone Bancroft Room - John G. Christy Municipal Building-320 E. McCarty Street CLICK HERE TO JOIN VIRTUALLY Password: 1234 Join by Phone: +14043971516 US Toll Access Code: 146 198 9745 TENTATIVE AGENDA 1. Introductions and Roll Call 2. Procedural Matters • Determination of quorum • Call for cases • Receive and review requests for continuance • Receive requests for reordering the agenda • Format of hearing • List of exhibits 3. Adoption of Agenda (as printed or reordered) 4. Approval of Meeting Minutes from September 2, 2021 5. New Business 6. Old Business 1. Local Designation ▪ Public Hearing requirements for nomination of local historic districts ▪ Legal Concern 2. Archaeology Definition 7. Other Business 1. Foot Historic District conversation to Historic Preservation Commission ▪ Potential National Register Nomination 8. Dates to Remember 1. Next Regular Meeting Date, November 4, 2021 9. Adjournment City of Jefferson Historic Preservation Code Revision Committee Minutes Regular Meeting – Thursday, August 5, 2021 Boone/Bancroft Room and Virtual WebEx Meeting Committee Members Present Glover Brown Bunnie Trickey Cotten Cassandra Gould (via Webex) Debra Greene (via Webex) Roger Jungmeyer Brad Schaefer Holly Stitt Stacey Young Committee Members Absent Donna Deetz Doug Record Steve Veile Council Liaison Present Laura Ward Staff Present Rachel Senzee, Neighborhood Services Supervisor Karlie Reinkemeyer, Neighborhood Services Specialist Anne Stratman, Neighborhood Services Specialist Guests Present Brian Bernskoetter (via Webex) Call to Order Ms. Cotten called the meeting to order at 6:00 p.m. and asked those in attendance to introduce themselves. Adoption of Agenda Ms. Young moved and Mr. Jungmeyer seconded to adopt the agenda as printed. The motion passed unanimously. Approval of Meeting Minutes from August 5, 2021 Ms. Young moved and Mr. Schaefer seconded to adopt the Regular Meeting Minutes of August 5, 2021 as written. The motion passed unanimously. Od Business A. Local Designation 1. Property Owner Signatures (75%) Staff researched other cities for property owner signatures needed to establish a Local Historic District. Examples include: Arlington, VA requires 25%, each property counts as one vote (two owners of one property equals one vote); Town of Brookhaven, NY requires a minimum of 20%; Fort Worth, TX requires 50% of the property owners and 50% of the parcel owners; Glendale, CA requires more than 50% of the properties; and St. Louis, MO requires at least 10% of the property owners. Ms. Young inquired what happens when one person owns 75% of properties in that district because that one individual would have a lot of power to create a historic district. There needs to be some thought in the future that if one individual in a district holds a certain percentage it needs to be weighted in a way that is not detrimental to the other property owners. 2 Rev. Gould inquired how we would add language that indicates where one owner with multiple properties is equal to one signature. After additional discussion, Ms. Senzee suggested tabling this agenda item to establish a process. Ms. Stitt moved and Ms. Young seconded to table this agenda item. The motion passed unanimously. 2. Definitions – Local Landmark & Local Historic District Ms. Senzee read the revised definition of a Local Landmark and a Local Historic District. The revised definitions included an archeological component. Committee members agreed by consensus that they liked the revised definitions. She suggested creating a definition for a National Register District since there is a definition for a National Register. She explained that, for example, Lee’s Summits application process for a landmark or historic overlay district or an amendment is considered a rezoning. Their Historic Preservation Commission goes through a public hearing process whereby they mail notices to affected property owners and hold a public hearing for each local landmark or local historic district designation. Ms. Ward commented that if there is interest from a neighborhood and that neighborhood goes to the City, can the City initiate it such as they did with the Overlay District. T here was a lot of vetting and a lot of public hearings. I know that Ms. Senzee wants it to come from the area which I agree, but do we have to put a hindrance on the neighborhood to get signatures, do their own guidelines, research all of the historic buildings and get photos. That might deter the creation of a historic neighborhood in our City because it is such an undertaking. Ms. Cotten commented that a public hearing process is a more viable option because the property owners are notified and have the opportunity to be heard. Committee members discussed the processes for the Capitol Avenue Overlay District and the School Street Local Historic District. Reverend Gould stated that these definitions are very important. “At that time the School Street Local Historic District process was an issue not only for City staff but for a community member, as well. At that time, I was the Pastor for Quinn Chapel and we were left out of this district because we were in a new building. They are the oldest black entity in the entire city and have been here for over 170 years. Having a definition that goes beyond archeolog y actually helps to eliminate some of these issues. There should have been no reason, particularly with School Street, when they were talking about black history leaving the oldest black entity out. That is why having definitions and updating definitions to be more inclusive than how a building looks or what it is constructed out of will also be helpful.” Ms. Young commented that what if it is not what we think as historic, but a new build in a historic district. Reverend Gould stated that the reason Quinn Chapel was excluded was because their building was new. We were still an entity that has been in this city for over 170 years and has historic ti es. Particularly when you think about what it meant to be on Lafayette Street for black people historically and a building that was initially constructed by those who were enslaved. You could not deny the historical aspect, but because the architecture did not fit in we were told that we excluded for that reason. That is why expanding the definition of what is designated as a landmark or even included in a historic district would eliminate a lot of the confusion and the issues that a lot of us experienced. Mr. Brown stated that one of the problems Quinn Chapel had at the time, was that it was new architecture. We did research and it was in Pennsylvania, I believe, where there was a new church and they incorporated relics of the old church into the new architecture. That was what gave them the footing to be included in a historic district. 3 Reverend Gould stated that there were pieces of the original structure previously located on Miller Street that were incorporated into the new building. It may not be stru cturally sound to incorporate pieces of an existing structure into a new structure. That is why I like that the definition is not just limited to architecture but also includes historic connections. I think that would eliminate the problem. Ms. Stitt inquired why could not it be a noncontributing building but still a part of the local historic district. Ms. Senzee explained that there is confusion between a National Register District and a Local Historic District. A National Register District has a 50-year threshold whereas a Local Historic District does not have an age threshold in our code. Ms. Stitt commented that if a building is a noncontributing building it is still considered a part of the historic district. Even though the building is a newer structure, it is still a historic piece of that area. Ms. Senzee commented it is up to this body to decide whether you want to put a timestamp on a structure or on an area and that is its qualification or do you want to stick the criteria for designation. Currently we do not have a timestamp, it is just historical relevance, or architectural relevance, or landscape significance or archeology. Mr. Brown stated that in checking with the State Historic Preservation Office and the Department of the Interior historic preservation is in a flux and is being looked at. A lot of what is on the national level is being revised and so whatever we are acting on is antiquated information that may change in the future. When I started on this I was looking at the fact that the Historic Foot District was not receiving the designation that we were told it was supposed to in 2017. I have since had conversations with Columbia, MO and they are in the same flux because they were under the same impressions that we were. In Reverend Gould’s situation he had a structure. The fact that The Foot could not get a designation is that there were no buildings on the site. Ms. Ward suggested looking at a different classification. Adding another category to the City Code would resolve the issue and adding verbiage would make it all work. Ms. Reinkemeyer gave a presentation on archeological sites. She used the African Burial Grounds and the Commons Historic District in New York City. She also put together a timeline on The Historic Foot District. Ms. Senzee stated that the following items will be included in the October 7, 2021 meeting packet: 1. Draft public hearing requirements for nomination of local historic districts; 2. Draft outline for the Historic Preservation Code; 3. Mr. Brown’s Bold New Plan; 4. Archeology Definition. Dates to Remember The next regular meeting is scheduled for October 7, 2021 at 6:00 p.m. in the Boone/Bancroft Room. Adjournment Ms. Young moved and Ms. Stitt seconded to adjourn the meeting at 7:21 p.m. The motion passed unanimously. Article III. Designation of Local Historic Districts and Local Landmarks Sec. #-#. – Statement of Purpose. The City of Jefferson Historic Preservation Commission, City Council, and any member of the public may identify potential local historic districts and local landmarks based upon the criteria identified in this article and the Secretary of Interior Standards. Sec. #-# - Criteria for Designation A. The Historic Preservation Commission shall consider the following factors when designating a local historic district or local landmark: 1. The proposed local historic district and/or local landmark shall possess significant character or value as it relates to the heritage or culture of the community, county, state, or nation; 2. The location of the site and/or landscape is significant to a local, county, state, or national event; 3. The association with person(s) of significance to the community, county, state, or nation; 4. The Embodiment of a notable architectural style with the associated distinguishing characteristics; 5. The proposed landmark was produced by a significant architect or designer; 6. The proposed local historic district and/or local landmark contains natural or built design elements that make the structure or site unique; or 7. Any prehistoric/historic site(s) containing information of archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric research interest as set forth in the state historic preservation program master plan for cultural resources. Sec. #-# - Procedure for Designation A. Nomination Initiation. Nomination of a local historic district or local landmark may be initiated by the City of Jefferson Historic Preservation Commission, City Council, or any member of the public by filing the appropriate application with the Department of Planning and Protective Services. B. Nomination Requirements. Applications and support material for the designation of a local landmark or local historic district shall include the following: 1. For nominations of a Local Landmark. a. Applicant contact information. b. Signatures of all property owners of record. c. Property narrative, including; historic name (if known), year built or established, and one or more of the criteria identified in Sec. #-#.A. 2. Local Historic District. a. Applicant contact information. Commented [NA1]: Need to change the application if this gets updated. Commented [SR2]: Dictated through the application process b.Map showing the boundaries of the proposed district and name of proposed district. c.District narrative, including one or more of the criteria identified in Sec. #- #.A. d.Signatures from 75% of property owners within proposed district, notary seal included. e.Design guidelines for proposed district that reflect the Secretary of Interior Standards for the treatment of historic properties. Sec. #-# - Nomination Process A.Nomination of a local landmark. Application for nomination of a local landmark shall be submitted to the Department of Planning and Protective Services 30 days prior to a scheduled City of Jefferson Historic Preservation Commission meeting date. B.Nomination of a local historic district. Application for the nomination of a local historic district shall be submitted to the Department of Planning and Protective Services 30 days prior to a schedule City of Jefferson Historic Preservation Commission meeting date. The nomination shall require a public hearing. C.Public hearing requirements for nomination of local historic districts. 1.Time of mailing. The City shall mail all notices at least 15 days prior to the public hearing, notifying the property owner of the opportunity to be heard. 2.Mailed notice requirements. Mailed notice shall be sent, by regular mail, to the last known record owner of all property within 185 feet from the boundaries of the property for which the application is being considered. The notice shall state the time and place of the meeting, and include a general description of the proposal, a location map of the property, the general street location of the property subject to the proposed change, and a statement explaining that the public will have an opportunity to be heard at the public hearing. Failure to receive mailed notice shall not invalidate any action taken on the application. 3.Proof of notification. The City shall retain a copy of the mailed notice and a list of notified property owners with their addresses, along with an affidavit in accordance with this section. Commented [SR3]: Is this needed? If so, include districts and landmarks in the language. Ryan said yes. Add publication and physically posting properties (look at zoning code) Does this mean that anyone can initiate process for establishing district? Should we charge a fee? Should we bring back property owner signatures? Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 1 of 10 Sec. 35-70. Application, permit processing, hearing procedures. A.Review and approval. The policies and regulations in this ordinance apply to the use and development of land. Any person proposing a land use or development shall comply with the procedures of this article. Exhibit 35-70A summarizes the procedures and agencies and public bodies involved in the development proposal process. Detailed information about the procedures applications and the agencies and public bodies involved in the process are further discussed in this article. Exhibit 35-70A: Development Review Procedures Summary Key to Abbreviations Used P&Z Planning and Zoning Commission BOA Board of Adjustment CC City Council D Decision Making Body A Appeal Body R Recommending Body X Required O Option/Recommended - No/Not Applicable A/P Publish Only on Appeal A/M Mail Only on Appeal PA Post Agenda Application Process See Section Number Preapp Conf. Acting Body Notices Agenda Staff P&Z CC BOA Pub Mail Sign Staff Approval - Development Permits Planning clearance 35-72A O D - - A - - - - Building permit 35-72B O D - - A - - - - Certificate of occupancy 35-72C O D - - A - - - - Fence 35-72D O D - - A A/P A/M - A/P Home occupation 35-72E X D - - A A/P A/M - A/P Temporary use 35-72F X D - - A - - - - Telecommunications facilities 35-72G X D A - - - - - - Change of use 35-72H X D - - A X X - A/P Administrative Approval - Development Permits Conditional use permit 35-73A X R - - D X X X PA Variance - BOA 35-73B X R - - D X X X PA Appeals of administrative decisions 35-73C - - - - D X X - PA Special exception use 35-73D X R R D - X X X PA Vested rights 35-77 X R R D - X - - - Change of use of nonconformity 35-65B 35-72H 35-73D X R R D - X X - PA Legislative Approval - Development Permits ZONING CODE Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 2 of 10 Comprehensive Plan Amendments Text amendments 35-74A X R R D - X - - PA Map amendments 35-74A X R R D - X X X PA Zoning Ordinance Amendments Zoning map amendments 35-74B - R R D - X X X PA Ordinance text amendments 35-74B - R R D - X - - PA Planned developments Concept plan 35-74C X R - - - - - - - Preliminary plan 35-74C X R R D - X X X PA Final plan 35-74C X R R D - - X X PA Plan amendments Major Minor 35-74C R R R D R - D - - - X - X - X - PA - Annexation 35-76 - R R D - X X - PA B. Common elements of procedures. The specific procedures followed in reviewing the various proposals differ. Reference should be made to the appropriate section in this ordinance which deals with the procedures and requirements of a particular application. Generally, the procedures for all applications have three common elements: (1) submittal of a complete application, including required fee payment along with appropriate information; (2) review of the submittal by appropriate City staff and related agencies; and (3) action to approve, approve with conditions, or deny approval of the application. The following elements are common to all procedures unless otherwise modified by more specific provisions. The time frames specified for action on the part of the City are maximums. Exhibit 35-70B generally shows the approval review process. C. Pre-application conference. Exhibit 35-70B Administrative Approval Review Process Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 3 of 10 1. When required. The applicant shall meet with the Director to discuss the nature of the proposed development, application submittal requirements, the procedure for action and the standards for evaluation of the application. Exhibit 35-70 shows when a pre-application conference is required or optional/ recommended. 2. Submittal requirements defined. Submittal requirements are typical. The type, scope, or location of any specific development application may require different types or levels of information. At the pre- application conference, the Director shall determine what information shall be submitted to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to respond to issues or concerns that may not have been evident at the pre-application conference. Requirements and information from the pre-application conference shall be recorded on a form supplied by the Planning and Protective Services Department and made part of the development file upon submittal of an application. D. Application requirements. 1. Materials. Current application materials, including forms, checklists and schedules for submittal may be obtained during normal business hours from the Office of the Director. 2. Application time frames for Board of Adjustment or Planning and Zoning Commission. Applications to be referred to the Board of Adjustment or Planning and Zoning Commission shall be filed at least 20 working days prior to the scheduled meeting date. 3. Number of copies. Four copies of each application, site plan and supporting documentation shall be submitted for initial staff review. Additional copies shall be required for distribution to the Board of Adjustment, Planning and Zoning Commission or and/or City Council, to be submitted at the appropriate time and in the number as specified by staff. 4. Application fees. a. Any action on an application for a development pursuant to this article shall be subject to the required fee in the amount as established by the Council. The filing fee is the approximate cost to cover processing costs, including mailed notices, posting of signs and public hearings, if required. b. All fees shall accompany the application, shall be made payable to the "City of Jefferson" and shall be submitted to the Director. Under no condition shall the fee or any part thereof be refunded for failure of said application to be approved or adopted by the Council, Commission, Board or Director. 5. Review of completeness of application. Within ten days of submission, the Director shall review the application and determine if the application is complete pursuant to the provisions of this article. If the application is incomplete or is submitted prematurely, the Director shall return it to the applicant to be completed and resubmitted in conformance with the standards of this ordinance. 6. Director's report and recommendation. When the director is required to refer a development application to a decision-making body, the Director shall prepare a report with his or her recommendation for action and provide it to the applicant and the decision-making body at the hearing on the application. The report shall include the recommendations of City departments and other reviewing agencies. E. Staff review procedures. 1. Staff review. All applications shall be reviewed by the Director or staff for compliance with City codes and policies. Upon completion of staff review, staff comments shall be provided in writing to the applicant. Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 4 of 10 2. Review by other City departments and outside agencies. The Director or staff may forward copies of the applications to various affected City departments and outside agencies for their review of the material submitted. 3. Agency and department comments. The Director shall request the above agencies and departments to respond, in writing, to the requested review within 15 days of receipt of the application, however, failure to act within this time period does not deem the request approved. The agencies' and departments' review shall be advisory in character, and does not constitute approval or disapproval. All comments shall be made available to the applicant for response. 4. Applicant's response. The applicant shall have ten days to respond to staff and agency comments. F. Director's decision. 1. Action. After the applicant has had the opportunity to respond to the comments of staff and other agencies, the Director shall recommend or deny approval of the application based on the applicable review criteria. 2. Authority to condition development approvals. After review of the application and other pertinent documents, the Director may impose conditions as are reasonable and necessary to assure compliance with applicable general or specific standards stated in this ordinance. The Director shall include a copy of the conditions with the record of the decision. The applicant shall be notified of any conditions imposed on the application. G. Public hearings and notice. 1. Purpose. Public hearings and notice thereof provide the opportunity for input in decisions that may affect the community. Public participation ensures that decisions reflect consideration of the community interest and ensure that the applicant and other interested parties are given due process and the opportunity to be heard. 2. Published notice. Notification shall be done in conformance with RSMo chs. 89 and 610. a. Except as otherwise specifically provided in this section, in any instance in which a public hearing is required, a notice shall be published at least once. The notice of each hearing to be held by decision-making bodies may be included in a single notice. The notice shall be provided in conformance with exhibit 35-70. The Director shall be responsible for publication of the notice. b. Notice time shall be computed in accordance with RSMo § 1.040, and section 12.9 of the Charter of the City of Jefferson. c. With all other required application materials, the applicant shall provide the information required for the notice to the Director who shall be responsible for preparing the notice for publication. d. The notice of public hearing shall contain the following information at a minimum: (1) The time, date and place of the hearing; and (2) The location of the property including a legal description; and (3) The boundaries of the area proposed for amendment or development; and (4) A statement that interested parties shall be given a chance to be heard. e. The notice of the public hearing shall be published at least once 15 days before the date of the public hearing, in one or more newspapers of general circulation in the City. 3. Mailed notice of public hearing. Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 5 of 10 a. Mailed notice of a public hearing shall be sent by the Director by regular first class U.S. mail. The notice shall be mailed to each affected 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. b. The point at which the distance is measured for the mailed notice 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. c. The content of the mailed notice shall be in conformance with subsection 35-71.E.3. The mailed notice must also include a statement explaining that this is a courtesy notice and not required by law. d. The failure of a property owner to receive notice by mail shall not be grounds for invalidating any action taken by the responsible decision-making body. 4. Property sign. When required by exhibit 35-70, the Director shall post distinctive signs, with minimum dimensions of 24 inches by 24 inches giving notice of the date, time and place of the hearing and of the action requested. The Director shall post at least one sign on the subject property at least ten calendar days but not more than 15 calendar days prior to the hearing in conspicuous places visible from every street along the frontage of the subject property. The sign(s) shall remain posted on the property until after the close of the public hearing. The failure to post signs upon the property or retain notification signs upon the property shall not be grounds for invalidating any action taken by the responsible decision-making body. 5. Agenda notice. Notice of all public hearings shall be posted at City Hall at least 24 hours prior to any public hearing. 6. Notification of appeal. Whenever an appeal is taken from a final decision from development permit which was obtained following a public hearing, notice of the appeal shall be prepared and made in the manner prescribed by this section or other applicable section. 7. Notification of revocation. If the final decision making body makes the determination to revoke a variance, conditional use permit, special exception permit or other development permit granted under this ordinance, notice of the revocation shall be prepared and made in the manner prescribed by section 35-70. H. Administrative review public hearing procedures. 1. Purpose. The purpose of an administrative review public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to cross-examine witnesses and rebut evidence presented by others. Public hearings are required for administrative hearings such as conditional use permits, special exception use permits, appeals, and variances to provide procedural due process. 2. Conduct of public hearing. Public hearings shall be conducted in conformance with RSMo ch. 89 and RSMo §§ 536.070, 536.080, 536.083, and 536.095. a. Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state, for the record, his or her or her name, address, and if appearing on behalf of an organization, the name and mailing address of the organization. b. The order of proceedings shall be as follows: (1) The Director or appropriate staff member shall present a description of the proposed development and written or oral findings, if required. The findings shall address each factor Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 6 of 10 required by this ordinance to be considered prior to action or approval on the development permit. (2) The applicant may present any information that the applicant deems appropriate; (3) Public testimony shall be heard first in favor of the proposal, then in opposition to it; (4) The Director or other staff member may respond to any statement made by the applicant or any public comment; (5) The applicant may respond to any testimony or evidence presented by the staff or public; and (6) The body conducting the hearing shall close the public portion of the hearing and conduct deliberations prior to acting on an application. 3. Notice of proceedings. Proceedings shall be instituted pursuant to RSMo § 536.063, and notice shall be provided pursuant to RSMo § 536.067, provided, however, that (1) notice by mail shall not be required, as notice by publication is permitted by this ordinance and by statute, and (2) responsive pleadings shall not be required, as would otherwise be provided by RSMo § 536.068. Discovery shall be permitted as required by RSMo §§ 536.073 and 536.077. Any proceeding may be disposed of by informal disposition pursuant to RSMo § 536.060. Decisions shall be rendered and transmitted pursuant to RSMo § 536.090. 4. Record of proceedings. a. The body conducting the hearing shall record the proceedings by any appropriate means as prescribed by rule and consistent with RSMo §§ 610.020 and 536.070(4). Such record shall be provided at the request of any person upon application to the City Clerk and payment of a fee set by the Council to cover the cost of duplication of the transcribed record. b. Testimony and statements of opinions, the minutes of the secretary, applications, exhibits submitted, all staff and advisory body or Commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard, shall constitute the record. c. The record shall be open for inspection at reasonable times and upon reasonable notice. d. The body conducting the hearing shall appoint, by rule, a custodian of records. 5. Continuance of proceedings. a. Any applicant or authorized agent of an applicant shall have the right to one continuance before the Planning and Zoning Commission, Board of Adjustment or Council, provided that a written request is filed. b. The hearing body may grant a continuance at any time for good cause shown. All motions to grant a continuance shall state the date on which the matter is to be heard. A majority vote of those members in attendance shall be required to grant a continuance. (1) The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance. (2) If the Commission, Board of Adjustment or Council, continues a public hearing on its own motion, it may direct the Director to renotify property owners, if such notice was required in the first instance. (3) If the continuance of a public hearing is made at the request of an applicant, the hearing body may direct the Director to renotify property owners, if such notice was required in the first instance. Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 7 of 10 (4) Renotification shall be made by regular first class United States mail. 6. Rehearing procedures. The following procedures apply to rehearing the same request and a rehearing on successive or similar applications. a. Any interested party may, in writing and within ten days of the Board's decision, request that the Board reconsider any decision which adversely affects such party. The request for rehearing shall be filed in the office of the Director. b. The written statement shall set forth the alleged error or omission; any new, pertinent fact; or the material change in fact or circumstance upon which the request for rehearing, is based. The same procedure shall be used for a new hearing of a previous application for the same property, or portion thereof, or for the same or substantially the same purpose, however, such a request shall be considered a new request. c. The Board shall consider and vote on the request for the rehearing, or to hear a previous application, and if approved, shall hear the request at the same meeting unless continued for good cause. When determining whether to rehear a request, or hear a previous application, the Board shall limit the testimony to that presented by the party requesting the rehearing. The Board shall rehear the request for rehearing, or hear the previous application only if it determines: (1) Certain pertinent evidence was not presented; or (2) An error which warrants correction was made at the original hearing; or (3) There is new, pertinent evidence; or (4) There has been a material change in fact or circumstance. d. Requests for rehearing shall be subject to the application filing fee. A new hearing of a previous application shall require the payment of a new filing fee. I. Legislative review public hearing procedures (City Council). 1. Purpose. The purpose of a legislative review public hearing is to provide an opportunity for the public to have input into the process. 2. Notice of proceedings. Proceedings shall be instituted pursuant to section 35-70 of this ordinance. 3. Conduct of the hearing. a. Public hearings shall be conducted to review the application and evidence presented. If one public hearing has been conducted at which testimony and evidence were presented, it shall not be necessary for the decision-making body to conduct another review of all the material and testimony formerly reviewed. b. Parties to the application may provide additional evidence for review that was not formerly submitted or considered and may present closing arguments to summarize their request. The decision-making body may establish a time limit for testimony. c. The interested parties shall not have the right to cross examination. 4. Record of proceedings. a. The body conducting the hearing shall record the proceedings by any appropriate means as prescribed by rule and consistent with RSMo § 610.020. Such record shall be provided at the request of any person upon application to the City Clerk and payment of a fee set by the Council to cover the cost of duplication of the transcribed record. Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 8 of 10 b. Testimony and statements of opinions, the minutes of the hearing, applications, exhibits submitted, all staff and advisory body or Commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard, shall constitute the record. c. The record shall be open for inspection at reasonable times and upon reasonable notice. The record of the hearing shall be made available to any interested person in conformance with RSMo §§ 610.023 and 610.026. d. The agency conducting the hearing shall appoint, by rule, a custodian of records, in conformance with RSMo § 610.023. 5. Continuance of proceedings. Proceedings may be continued in accordance with section 35-70 of this ordinance. J. Appeals. 1. Appeals of a Director's decision shall be heard by the Board of Adjustment. Appeals shall be filed within ten days of notification of the Director's decision in accordance with the rules prescribed by the Board of Adjustment. Notice shall be given and a public hearing shall be held to consider the appeal in conformance with section 35-70 of this ordinance. 2. Appeals of a Board of Adjustment decision shall be appealed to the Circuit Court within the time period prescribed by RSMo § 89.110. 3. Appeals of a decision of the Planning and Zoning Commission shall be appealed to the City Council within the time period prescribed. Notice of the public hearing shall be given in conformance with section 35-70 of this ordinance. K. Withdrawal of application. At any time prior to the hearing on an application, the property owner, property owner's attorney, or representative of the property owner who has a notarized affidavit from the property owner authorizing the representative to make the request, may request in writing that the application be withdrawn from consideration. After a hearing is opened an applicant may request withdrawal; however, the body conducting a hearing shall decide whether or not to approve the request and may approve the request with or without prejudice. L. Deferral of application. A property owner, property owner's attorney, or representative of the property owner who has a notarized affidavit from the property owner authorizing the representative to make the request, may request up to one deferral of action on any application. An application submitted with insufficient information or one in which the response to comments from the Department or other agencies is inadequate may be deferred from further review and consideration by the Director. In the event of such a deferral, the Director shall provide a notice and explanation to the applicant. M. Action on applications requiring notice. The decision-maker may take any action on an application that is consistent with the notice given, including approval, conditional approval or denial of approval of the application. The decision-maker may allow amendments to the application if the effect of the amendment is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. N. Expiration of development approval. 1. Time of expiration. Unless otherwise specifically provided for in the ordinance, development applications shall automatically expire, and all activities pursuant to such approval thereafter shall be deemed in violation of the ordinance, when: a. The applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 9 of 10 development improvement agreement application, including the failure to abide by specified time limits established therein; or b. The applicant fails to present a subsequent development application as required by this ordinance within the time required. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one year from the date of approval. 2. Extension procedures. Unless otherwise prohibited by the ordinance, the Director may extend the time for expiration of a development permit or approval for a period not to exceed two years from the date of the original decision granting approval, unless stated otherwise. Subsequent extensions may be made by the final decision making body upon finding that conditions at the time of approval have not changed. O. Post-decision proceedings. 1. Appeals of action by final decision-maker. Any appeal of a final action by the Director, Council, Commission or Board of Adjustment shall be filed within 15 days of the action being appealed, unless otherwise provided by law. 2. Stay of action. An appeal stays all proceedings in furtherance of the action appealed unless the Director or other officer from whom the appeal was taken certifies to the Board of Adjustment, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay would, in the Director's opinion, cause immediate peril to life or property. 3. Minor amendments and revisions. The Director may approve minor amendments and revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the Director and are subject to appeal to the Board of Adjustment. Minor revisions that may be authorized are limited to those that are necessary in light of technical considerations discovered after the decision on the development application by the applicant or the Director. Minor revisions shall not result in higher densities, additional units or floor area, abandonments of easements or variance from the minimum standards of this ordinance. Major amendments and revisions of a development proposal shall be reviewed by the approving body after a public hearing in accordance with the provisions of exhibit 35-70 and section 35-71 and other applicable sections of the ordinance. P. Revocation of permit or approval. 1. Permits may be revoked. The final decision making body may revoke any development permit, including variance, conditional use permit, special exception permit, or other development permit granted under this ordinance for (1) failure of the owner or applicant of the property to comply with any of the conditions imposed when the variance or permit was granted; or (2) discontinuance of the use by the applicant for a continuous period of nine months. 2. Duties of Director. If the Director determines that there are grounds for revocation of a development permit or approval, after a reasonable attempt to secure compliance, the Director shall prepare a report outlining the allegations as well as the attempt(s) to secure compliance and set a hearing date before the final decision-maker. a. If the decision was made by the Director, the hearing shall be conducted by the Board of Adjustment. b. If the Council was the original decision-maker, the Council shall conduct the revocation hearing, however it may refer the proposed revocation to the Planning and Zoning Commission for a recommendation prior to the hearing. c. If the Board of Adjustment was the original decision-maker the revocation hearing shall be conducted by the Board of Adjustment. Created: 2021-08-24 12:16:42 [EST] (Supp. No. 8) Page 10 of 10 3. Notice and public hearing. a. If no hearing was held prior to obtaining the development permit notice of revocation shall be given only to the holder of the permit. b. Notice of the revocation hearing shall be given in the same manner as required for the original application. If a public hearing was conducted to obtain the permit, a revocation shall be processed in the same manner as the development permit was obtained. A revocation hearing may be scheduled for any regular or special meeting. c. The applicant shall be notified by certified mail and receive a copy of the Director's report with the allegations. The owners of record within the notification area shall be notified by regular mail postmarked not less than ten days prior to the revocation hearing. 4. Decision and notice. After the conclusion of the hearing, the decision-maker shall render a decision to (1) revoke the permit, (2) allow the applicant to retain the development permit, with or without corrective action; or (3) continue the hearing to a future specified date in order to obtain more information or to monitor corrective action. The decision shall be made in writing to the holder of the permit and any other person who has filed a written request for such notice. 5. Effect and appeals. a. If the applicant fails to take action to correct the alleged violations, the decision making body may direct the Director to revoke the permit, compel the structures or uses to be removed at the cost of the violator and secure a judgment against the applicant for such cost. b. A decision to revoke a development permit shall become final 15 days after the date the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of the ordinance. 6. Right cumulative. The City's right to revoke a development permit, as provided in this section, shall be cumulative to any other remedy allowed by law. Q. Applications filed in the public interest. Applications may be initiated by the Council, Planning and Zoning Commission, Board of Adjustment, City Agencies or City Staff subject to the following: 1. Applications initiated by the Council, or a City Board or Commission shall be accompanied by a resolution of the body pertaining to such application. 2. Applications initiated by City staff shall be accompanied by a narrative pertaining to such application. 3. No fee shall be assessed for applications filed in the public interest. 4. Applications shall not be subject to the application deadline, except that the procedures established for notice and hearing requirements shall be followed, if required by exhibit 35-70A. R. Amendments. A permit shall be amended in the same manner as it was originally approved. Created: 2021-06-17 15:53:55 [EST] (Supp. No. 7) Page 1 of 4 Sec. 8-48. Definitions. Adaptive use. The process of changing the use of a structure or property to a use other than that for which the structure or property was originally designed or a use for a structure or property other than the use for which it was originally designed. (Sometimes called "adaptive reuse"). Alteration. Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure. Archaeology. The study of human activity through the recovery and analysis of material culture. The archaeological record consists of artifacts, architecture, biofacts, and cultural landscapes. Architectural attributes. Those physical features of buildings and structures that are generally identified and described as being important products of human thought and action characteristic of a population or community. Certified local government (CLG). A program of the National Park Service designed to promote the preservation of prehistoric and historic sites, structures, objects, buildings and historic districts by establishing a partnership between the local government, the State Historic Presentation Department and the National Park Service. A certified local government carries out the purposes of the National Historic Preservation Act, as amended. Each certified local government is required to maintain a system of ongoing surveys compatible with the Missouri Historic Preservation Department process. CJHPC. The City of Jefferson Historic Preservation Commission. Commissioners. Members of the City of Jefferson Historic Preservation Commission. Consent. The vote as cast by owners holding majority interest in a parcel of real estate. For purposes of this article, only one vote per parcel may be cast. Conservation district. Any area designated by the CJHPC in accordance with this section as an area containing any physical features or improvements or both which are of historical, social, cultural, architectural or aesthetic significance to the City and cause such area to constitute a distinctive section of the City. This overlay zone may be used for areas which have distinctive characteristics that are worthy of conservation, but lack sufficient historical, architectural or cultural significance to qualify as historic areas. Contributing (or contributory). A significant building, site, structure or object which adds to the architectural qualities, historic association or archeological value of an historic district because: A. It was present during the pertinent historic time; B. It possesses integrity and reflects its significant historic character or is capable of yielding important information about the pertinent historic period; or C. It independently meets the standards and criteria of this article. Cultural attributes. All of the physical features of an area that, either independently or by virtue of their interrelationship, are generally identified and described as being important products of human thought and action characteristic of a population or community. Accordingly, the term "cultural attributes" necessarily includes "architectural attributes" as that term is defined in this section. The term "cultural attributes" does not refer to the characteristics or beliefs of people who may reside in or frequent a particular area. Cultural resource. Districts, sites, structures, objects and evidence of some importance to a culture, a subculture or community for scientific, engineering, art, tradition, religious or other reasons significant in providing resources and environmental data necessary for the study and interpretation of past lifestyles, and for interpreting human behavior. Department. The Department of Planning and Protective Services of the City of Jefferson, Missouri. Commented [SR1]: Karlie – Make sure all definitions are used in the Code and no meaningless terms exist. Created: 2021-06-17 15:53:55 [EST] (Supp. No. 7) Page 2 of 4 Design criteria. A standard of appropriate activity that will preserve the historic and architectural character of a structure or area. Designation. Official recognition of an historic landmark, conservation or historic district by the City Council according to the procedures and provisions in this article. Director. The Director of the Department of Planning and Protective Services, or his or her designee. Endangered resource. A resource under a known or anticipated threat of damage to the integrity or existence of the resource, such as: A. An immediate threat which will result in loss of or collapse of a structure; B. An immediate threat or destruction by private action; or C. Condemnation for code violations. (Sometimes referred to as a "threatened resource"). Exterior architectural appearance. The architectural character and general composition of the exterior of a structure, including but not limited to the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements. Façade. The exterior face of a building which is the architectural front, sometimes distinguished by elaboration or architectural or ornamental details. Historic preservation. The study, identification, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology or culture of the City, State or nation. Historically or architecturally significant. Possessing that quality present in an area, site, structure, object or district because it: A. Is associated with an event or events that significantly contributed to the broad patterns of the history or architectural heritage of the City, County, State or nation; B. Is associated with the life or lives of a person or persons significant in the history of the City, County, State or nation; C. Embodies distinctive characteristics of a type, design, period or method of construction; D. Represents the work of a master designer or architect or possesses high architectural value; E. Exemplifies the cultural, political, economic, social or historic heritage of the City; F. Contains elements of design, detail, material or craftsmanship which represent a significant construction innovation; G. Is part of or related to a square, park or other distinctive area that was or should be developed or preserved according to a plan based on an historic or architectural motif; H. Is an established and familiar visual feature of a neighborhood or the entire community; or I. Has yielded, or is likely to yield archeological artifacts and/or information. Key contributing. A site, structure or object of such an outstanding quality and state of conservation that it significantly adds to the architectural qualities, historic association or archeological values of an historic district because: A. It was present during the pertinent historic time; Commented [SR2]: Ryan does not like both terms. Pick one. Created: 2021-06-17 15:53:55 [EST] (Supp. No. 7) Page 3 of 4 B. It possesses and reflects its significant historic character or is capable of yielding important information about the pertinent historic period; and C. It independently meets the standards and criteria of the article. Local landmark. Local landmark means a single property, site, building, structure or object, so designated by ordinance of the City Council, which due to its historic, architectural or archaeological significance to the City, is worthy of rehabilitation, restoration, stabilization and/or preservation and interpretation. Landscape feature. Any element or component of outdoor open space including, but not limited to, fences, walls, retaining walls, gates, sidewalks, walkways, driveways, parking lots, patios, terraces, decks, ground cover, trees, plants, outdoor furniture, exterior light standards, fountains, statuary, detached signs, and other such elements. Local historic district. Local historic district means an area designated as a "historic district" by ordinance of the City Council that may contain, within an identifiable geographic boundary, a significant concentration, linkage or continuity of properties, sites, archaeological sites, buildings, structures or objects, known as landmarks and/or contributing properties in a historic district, united by past events or aesthetically by plan or physical development and which is worthy of rehabilitation, restoration, stabilization and/or preservation and interpretation. Marker. A sign used to label or identify a designated landmark or historic district as an architecturally significant property. National Register. The current National Register of Historic Places established by passage of the National Historic Preservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470 et seq. as amended. Noncontributing (or noncontributory). A site, structure or object that does not add to the architectural qualities, historic association or archeological values of a landmark or historic district because: A. It was not present during the pertinent time; B. Due to alterations, disturbances, additions or other changes, it no longer possesses integrity nor reflects its significant historic character or is incapable of yielding important information about the pertinent historic period; or C. It does not independently meet the standards and criteria of the ordinance. Normal maintenance and repair. Any improvement or work for which a building permit is not required by City ordinance designed to correct deterioration, decay or damage and restore, as may be practical, a structure or property to the condition that existed prior to the deterioration, decay or damage. Notable structure. A structure found to be notable per the review criteria listed in subsection 8-43.G. Object. Those physical items that have functional, aesthetic, cultural, historical or scientific value and are relatively small in scale and simply constructed. While an object may be, by nature or design, movable, it should be located in a specific setting or environment appropriate to its significant historic use, role or character. Objects include sculptures, monuments, street signs, fence posts, hitching posts, mileposts, boundary markers, statuary and fountains. Owner(s) of record. Those individuals, partnerships, firms, corporations, public agencies or any other legal entity holding title to property, but not including legal entities holding mere easements or leasehold interests. (May also be referred to as "property owner(s)"). Current owner(s) of record are those listed as owners on the records with the Cole County Recorder of Deeds. Period. A chronological division identified in the analysis of the historical development to an area or region (i.e., Victorian, Modern). Protection. The application of measures to defend, guard, cover or shield a building, site, structure or object from deterioration, loss, attack, danger, or injury. In the case of buildings, structures or objects such measures Commented [SR3]: Create National Register District and National Register Property definitions. Created: 2021-06-17 15:53:55 [EST] (Supp. No. 7) Page 4 of 4 generally are of a protective nature and usually precede preservation measures. In the case of archeological sites, the protective measures may be temporary or permanent. Reconstruction/reconstruct. The reproduction of the exact form and detail of a vanished building, site, structure or object or a part thereof, as it appeared at a pertinent time using both original and modern materials and based on precise historical documentation and physical evidence. Rehabilitation/rehabilitate. The act of returning a site, structure or object to a useful state through its repair and/or alteration while retaining the characteristic features of the property which are significant to its historical and architectural value. Remodeling. Modification and modernization of a structure or property without striving to return to or replicate the original historical and architectural character of the structure or property. Removal. Any relocation of a structure in whole or in part on its site or to another site. Repair. Any change to a structure or object that is not construction, removal or alteration. Resource. Any site, structure, object or area that constitutes a source of present and future usefulness. Restoration/restore. The act of accurately recovering the form and details, based on precise historical documentation and physical evidence, of a building, site, structure or object as it appeared at a pertinent time including the removal of improvements that are not appropriate and the replacement of missing or deteriorated features. Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archeological value regardless of the value of any existing structure. Examples of sites include habitation sites, burial sites, village sites, hunting and fishing sites, ceremonial sites, battlefields, ruins of historic buildings and structures, campsites, designed landscapes, natural textures, springs and landscapes having cultural significance. Stable. The area is expected to remain substantially the same over the next 20-year period with continued maintenance of the property. While some changes in structures, land uses and densities may occur, all such changes are expected to be compatible with surrounding development. Stabilizing. The area is expected to become stable over the next 20-year period through continued reinvestment, maintenance or remodeling. Standards. The Secretary of Interior's Standards for the Treatment of Historic Properties, codified as 36 CFR 68 in the July 12, 1995 Federal Register (Vol. 60, No. 133), and as revised from time to time. Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing: buildings, fence, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas, including supporting towers and swimming pools. Style. The specific identifying characteristics of a building both as it appears to the eye and as it is known to exist in design and structure. Survey. An architectural and historical examination of historic resources to identify historic properties within an area. (Ord. No. 12794, Appendix A, 8-17-98, Ord. No. 15760, § 3, 1-03-18) “For Immediate Release” The Friends of Lafayette Street and the Historic Foot District A “Bold New Plan” Lafayette Street and the surrounding area was once a thriving commercial and residential district, located in the heart of the black community; located close to the heart of Jefferson City, Missouri, which is the heart of the state of Missouri. Lafayette Street, was not ever truly considered a part of the economic development, and growth of Jefferson City, but merely a vehicle to sustain the commercial and economic needs of a segregated minority population, which was located in the immediate surrounding area. This could not be a more false impression of Lafayette Street. Today is the dawning of a new dimension for this area. If planned and implemented in a thought filled, and controlled process, this area could once again become a valuable asset to the City of Jefferson. If planned and implement in a controlled step by step process, and partnered with the appropriate Federal, state and local entities, this area could spur a new interest in growth, economic development, and community interest in this, otherwise, forgotten and overlooked area. A proposed “Bold New Plan” and outline is being developed to begin this journey of revitalization of the memory of this once proud and prosperous area of the great City of Jefferson. For the first time in almost a century, a renewed interest by both the City of Jefferson, both Black and White local civic leaders, Lincoln University and members of the Black community have sparked an interest in this areas contribution to the economic development of the City of Jefferson, and that of Lincoln University, in its totality. The “Friends of Lafayette Street and the Historic Foot District” can take a leading role in helping to further this endeavor, by partnering with the City of Jefferson, Lincoln University, local civic, and private concerns in breathing life into this endeavor. The following outline is the beginning of a rough draft proposal to achieve this “Bold New Plan”. This outline will be a work in progress, and may be expanded, reduced, or modified as deemed appropriate in meeting its objectives. This may be achieved by continually monitoring the plan for its appropriateness in meeting its objectives. OUTLINE 1.)To work with the appropriate Federal, state, and local governmental agencies in obtaining the designation of the Lafayette Street and the Historic Foot District area in the 600 Block a “National Historical Archaeological Site”. A.) It is believed that if this goal is achieved, this will instill the value and the historical significance of this area. B.) To develop a methodology and an implementation plan to maintain and preserve the historic and physical integrity of the Lafayette Street, and the Historic Foot District and surrounding area. 2.) To partner with Lincoln University in a Liaison partnership, to encourage use of this area to promote the historic value of this area to both Lincoln University, the City of Jefferson and the community as a whole. A.) To demonstrate how this area and the surrounding Black Community was an available labor force for both Lincoln University and the City of Jefferson during the times of segregation. B.) This area provided a source of commerce and entertainment for Lincoln University and the Black Community, during segregation. C.) That this area was listed in the *“Green Book”, as a safe area for Black travelers during segregation. In addition, to illustrate how this area played a role in providing food, lodging , and entertainment to both black entertainment celebrities, and sports figures traveling through this area during the time of segregation. 3.)To independently, and with the aid of the Jefferson City Chamber of Commerce, work with local business leaders. And National Corporate Business Chains to develop an interest in locating new business opportunities in and around the Lafayette Street and the Historic Foot District, and any appropriate site location in the immediate surrounding area. 4.)To sponsor and co-sponsor community civic events to promote the historic value of the Lafayette Street and the Historic Foot District, and surrounding area. 5.)To encourage local business leaders and other civic organizations to assist in the promotion, and participate in the continuing endeavor to the longevity of this proposed “Bold New Plan”. For any questions or comments, please contact: Glover W. Brown The Friends of Lafayette Street and the Historic Foot District 1700 Valley Hi Road Jefferson City, Missouri 65109 573-761-7411 oz65109@gmail.com Composed September 2015 By Glover W. Brown