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HomeMy Public PortalAbout2022-05-05 packetIndividuals 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. Meeting will be canceled if Jefferson City Public Schools is canceled or has a late start: https://www.jcschools.us/ NOTICE OF REGULAR MEETING AND TENTATIVE AGENDAi City of Jefferson Historic Preservation Code Revision Committee Thursday, May 5, 2022, at 5:30 p.m. Boone-Bancroft Room-John G. Christy Municipal Building-320 E. McCarty Street Virtual Option https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=me31254d93078a20f78ae69f1806e3fbe Password: 1234 Join by Phone: 14043971516 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 April 7, 2022 5. Old Business • Procedure to authorize construction, reconstruction, and alterations to structures 6. New Business • Demolition 7. Dates to Remember • Next Regular Meeting Date, June 2, 2022 8. Adjournment City of Jefferson Historic Preservation Code Revision Committee Minutes Regular Meeting – Thursday, April 7, 2022 Boone/Bancroft Room and Virtual WebEx Meeting Committee Members Present Glover Brown Bunnie Trickey Cotten Debra Greene* Roger Jungmeyer* Brad Schaefer Holly Stitt Steve Veile Stacey Young* *Came in late Committee Members Absent Donna Deetz Cassandra Gould Doug Record Council Liaison Present Laura Ward Staff Present Rachel Senzee, Neighborhood Services Supervisor Karlie Reinkemeyer, Neighborhood Services Specialist Anne Stratman, Neighborhood Services Specialist Dawn Kirchner, Neighborhood Services Specialist Guests Present Cameron Gerber, News Tribune Grant Palmer, KRCG Call to Order Ms. Cotten called the meeting to order at 5:35 p.m. without a quorum present. Committee members, staff and guests introduced themselves. Committee members discussed the need for additional members since at least two members are no longer living in the area. Ms. Young arrived at 5:40 p.m., a quorum is now present. Mr. Jungmeyer arrived at 5:45 p.m. Ms. Greene arrived at 6:16 p.m. Ms. Young left at 6:42 p.m. Adoption of Agenda Ms. Stitt moved and Mr. Brown seconded to adopt the agenda as printed. The motion passed unanimously. Approval of Meeting Minutes from March 3, 2022 Ms. Stitt moved and Mr. Veile seconded to adopt the Regular Meeting Minutes of March 3, 2022 as written. The motion passed unanimously. Old Business A. Designation of Local Historic Districts and Local Landmarks Ms. Senzee explained that the process entails submitting an application and designs standards to the City in a final draft form before it goes to the Historic Preservation Commission for final review. City staff would not write the design standards, however they review the design standards to ensure they are appropriate for a local historic district, they do not conflict with zoning laws and they are in line with the 2 Secretary of Interior’s Standards. Staff will create guidelines to assist applicants step by step through the application process. Ms. Stitt moved and Ms. Young seconded to approve the previously proposed changes to this section. The motion passed unanimously. Published Notice – Local Landmark. Ms. Senzee asked whether a public hearing is required since a local landmark is an honorary designation. Mr. Veile moved and Ms. Stitt seconded to remove the requirement of a public hearing for a local landmark. The motion passed unanimously. Action Upon HPC Recommendations Ms. Senzee explained that there was some confusion at the last meeting regarding direct costs that are the responsibility of the applicant related to the publication and provision of notice of the required public hearing. She explained that direct costs are the hard costs an applicant would be responsible paying for such as the cost of postage and the cost of advertising a public hearing notice in the newspaper. Ms. Cotten commented that requiring an application fee is one thing but having open ended costs would be confusing. Ms. Senzee explained that staff will look at the fee schedule in the City Code to establish an application fee. Ms. Stitt commented that this is only applicable if an application is denied and the applicant has to resubmit their application. Ms. Senzee explained that if the Historic Preservation Commission denies the application the applicant can withdraw or they can amend and resubmit their application. Instead of collecting a second application fee, they applicant would pay for the hard costs of postage and advertising. Ms. Stitt commented that once an application fee is established we can see which option is more feasible. Ms. Stitt moved and Ms. Young seconded to table this section until application fees are established. The motion passed unanimously. New Business A. Procedure to Amend or Rescind Rescinding a Local Historic District or Local Landmark Ms. Senzee explained that section pertains to the City Council’s ability to initiate the process to rescind or amend a local historic district or a local landmark. An applicant, as well, can submit an application to the City Council to remove a local historic district or local landmark. Ms. Cotten commented that the City Council an rescind or amend a local historic district or local landmark without this being in the Code. Ms. Ward commented that a local historic district or a local landmark should only be rescinded by those that have ownership in a property. The City Council should not initiate rescinding or amending a Local Historic District or a local landmark. Mr. Veile moved and Ms. Stitt seconded to remove the highlighted language that allows the City Council to initiate rescinding or amending a local historic district or a local landmark. Also remove the 3 language in red and underlined that allows the City Council to initiate rescinding or amending a local historic district or a local landmark without a petition. After additional discussion, the motion passed unanimously. Ms. Senzee explained that currently the Code stipulates that a petition signed by no fewer than 50 percent of the existing property owners shall accompany the application. Committee members stated that the percentage to rescind or amend a local historic district or local landmark should be higher than 50%. They suggested increasing that percentage to 75 percent. Mr. Veile moved and Ms. Young moved to increase the percentage to rescind or amend a local historic district or local landmark to 75 percent. The motion passed unanimously. B. Procedure to Authorize construction, reconstruction, alterations to, or demolition of structures 2(a)i – Action on proposed alterations, reconstruction, or additions Ms. Senzee explained that once your design standards are in place and you want to do an alteration, reconstruction or addition within a local historic district and you come in for your building permit, if your project clearly fits in with the design standards your permit can be issued administratively by staff. If you fall within a gray area or are wanting an exception to the rule, the Historic Preservation Commission will make that determination. For clarity, committee members suggested moving the following sentences to the beginning of 2(a)i– Action on proposed alterations, reconstruction, or additions: City staff may administratively approve applications that clearly meet the design standards of a local historic district. All other applications shall be sent to the Historic Preservation Commission which shall approve, approve with conditions, or deny said applications. Ms. Stitt moved and Ms. Young seconded to move the last two sentences in 2(a)i; to the beginning of that paragraph. The motion passed unanimously. 2(a)ii-Action on proposed alterations, reconstruction, or additions Ms. Stitt commented that this paragraph seems like it is the same as the last paragraph. Ms. Senzee explained that the first paragraph s establishing what goes to the Historic Preservation Commission and what is administratively approved. Mr. Veile moved and Ms. Stitt seconded to direct staff to edit this paragraph especially the last sentence. The motion passed unanimously. 2(a)iii- Action on proposed alterations, reconstruction, or additions No changes were suggested. 2(a)iv- Action on proposed alterations, reconstruction, or additions No changes were suggested. Action on proposed demolition of a structure for preservation of a structure in a district for preservation. Mr. Veile suggested tabling this section until the next meeting. C. Historic Heritage District Ms. Senzee explained that since we are creating a Historic Heritage District there needs to be a definition in the Code. 4 Mr. Brown commented that the definition for historic is history passed down through edifices. Heritage is passed down through tradition of the area. Urban renewal was a systemic way of eliminating a lot of black communities. Since then edifices were destroyed and 50 years later they cannot form a historic district because it will not meet the criteria. If we can create a template for this, other minority communities can replicate what we are doing. Mr. Veile suggested changing the last part of the definition as follows: relevant to the historical, cultural or traditional periods of significance which no longer exist. Ms. Senzee reiterated that a Historic Heritage District is a geographical area of historical, cultural, or traditional significance for which most of all of the physical attributes (structures, streets, public areas, archeological, etc.) relevant to the historical, cultural or traditional periods of significance no longer exists. Mr. Veile moved and Ms. Stitt seconded to amend the Historic Heritage District as noted above. The motion passed unanimously. Dates to Remember The next regular meeting is scheduled for May 5, 2022 at 5:30 p.m. in the Boone/Bancroft Room. Adjournment Ms. Stitt moved and Mr. Brown seconded to adjourn the meeting at 6:54 p.m. The motion passed unanimously. 1 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 participating property owners 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. Whether the proposed local historic district and/or local landmark possesses significant character or value as it relates to the heritage or culture of the community, county, state, or nation; 2. Whether the location of the site and/or landscape is significant to a local, county, state, or national event; 3. Whether the proposed local historic district and/or local landmark has an association with person(s) of significance to the community, county, state, or nation; 4. Whether the proposed local historic district and/or local landmark includes the embodiment of a notable architectural style with the associated distinguishing characteristics; 5. Whether the proposed landmark was produced by a significant architect or designer; 6. Whether the proposed local historic district and/or local landmark contains natural or built design elements that make the structure or site unique; or 7. Whether 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. #-# - Applications 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 owner of real property within the proposed district by filing the appropriate application with the Department of Planning and Protective Services on a form promulgated by the Director. 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. 2 c. Property narrative, including; historic name (if known), year built or established, and information addressing one or more of the criteria identified in Sec. #-#.A. c. Proposed design standards d. Application fee 2. For nominations of a Local Historic District:. a. Applicant contact information. b. Map showing the boundaries of the proposed district and name of the proposed district. c. Map identifying contributing and noncontributing sites, buildings, structures, and objects. d. District narrative, including one or more of the criteria identified in Sec. #- #.A. e. Signatures from 33 % of property owners within proposed district f. Proposed design standards for the proposed district that reflect the Secretary of Interior Standards for the treatment of historic properties. g. Application fee. Sec. #-# - Designation Process A. Designation of a local landmark. Application for the designation of a local landmark shall be submitted to the Department of Planning and Protective Services no less than 30 days prior to a scheduled City of Jefferson Historic Preservation Commission meeting date. B. Designation of a local historic district. Application and final proposed design standards for the nomination of a local historic district shall be submitted to the Department of Planning and Protective Services no less than 30 days prior to a scheduled City of Jefferson Historic Preservation Commission meeting date. The nomination shall require a public hearing. C. Design Standards. Applicants shall include proposed design standards that are appropriate for the proposed local historic district and that follow the Secretary of Interior’s Standards for the Treatment of Historic Properties. Application for designation of a local historic district shall not be considered complete until: 1. Design standards are reviewed for architectural/archaeological appropriateness by City staff. The City staff recommendation on architectural/archaeological appropriateness shall be appended to the application and forwarded to the Historic Preservation Commission; 2. Design standards are reviewed for compliance with the Secretary of Interior’s Standards for the Treatment of Historic Properties by staff. The City staff recommendation on compliance with the Secretary of Interior’s Standards for the Treatment of Historic Properties shall be appended to the application and forwarded to the Historic Preservation Commission C.D. Public hearing requirements for nomination of local historic districts. Commented [SR1]: Dictated through the application process 3 1. Public Hearing Required. The Historic Preservation Committee shall conduct a Public hearing on all applications for designation of a local historic district to provide the opportunity for input in decisions that may affect the community, and ensure that decisions reflect consideration of the community interest, and ensure that the applicant and other interested parties are provided appropriate opportunity to be heard on an application. 2. Published Notice. Notice of the public hearing shall be published by the City, at least once, a minimum of 15 days before the scheduled public hearing in one or more newspapers of general circulation in the City. The notice of the public hearing shall contain the following: i. The time, date, and place of the hearing; and ii. The physical boundaries of a proposed local historic district. 3. Mailed notice requirements. 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. Mailed notice shall be sent, by regular mail, to the last known owner on record 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. 4. 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. 5. Property sign. The Director shall post one or more distinctive signs, with minimum dimensions of 24" × 24" giving notice of the date, time, and place of the hearing and of the action requested. The signs on the subject property shall be posted 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 signs 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. 6. Public Hearing Procedure. Upon receipt of a complete application, the Director of Planning and Protective Services shall schedule a public hearing on the application before the Historic Preservation Commission. The public hearing shall be scheduled no earlier than 30 days of a complete application, but no later than 90 days. All interested parties shall have the opportunity to be heard at the Public Hearing. After the public hearing, the Historic Preservation Commission shall make a recommendation for the designation or rejection of a local historic district based on the criteria set forth in Sec. ##. 7. Approval Procedures. 4 a. Local Landmarks. The Historic Preservation Commission shall make a recommendation to either approve or deny an application for designation as a local landmark. Such recommendation shall be forwarded to the City Council. b. Local Historic Districts. Recommendations on applications for designation of a local historic district shall be a two-step process. i. First, the Historic Preservation Commission shall make a recommendation to either approve or deny a designation of a local historic district. ii. If and only if the Historic Preservation Commission recommends approval of the designation of a local historic district, the Historic Preservation Commission shall then make a separate recommendation on the proposed design standards. The Historic Preservation Commission may recommend approval or, amend or modify the proposed design standards. iii. If the Historic Preservation Commission recommends approval of a designation of a local historic district but recommends denial of proposed design standards, then it shall be deemed that the Historic Preservation Commission’s recommendation is for denial of a designation of a local historic district. iv. If the Historic Preservation Commission recommends approval of a designation of a local historic district and amends or modifies the proposed design standards, the applicant may supplement its application with a plan detailing any objections or counter-proposals to design standards amended or modified by the Historic Preservation Commission C. Action Upon HPC Recommendation. The Historic Preservation Commission’s recommend on an application for designation of a local historic district shall be forwarded to the Planning and Zoning Commission for review, provided that if the Historic Preservation Commission recommends denial of application, the applicant may within seven (7) days of such recommendation of denial withdraw the application with a notice that the applicant intends to amend its application. Withdrawn and amended applications shall be processed in the same manner as original applications except that the applicant shall be not be required to pay a new application fee, provided that the applicant shall be responsible for any direct costs of the City related to the publication and provision of notice of the required public hearing. D. Planning and Zoning Commission Review. The Planning and Zoning Commission shall make a recommendation to approve or deny the designation of a local historic district and on the proposed design standards for a local historic district utilizing the procedures and review criteria applicable to rezonings and historic significance criteria in Sec. ##. The Planning and Zoning Commission may recommend modifications or amendments to proposed design standards but such recommended modifications or amendments must comply with the Secretary of Interior’s Standards for the treatment of historic properties. E. City Council Decision. The City Council shall by ordinance approve or deny the designation of a local landmark or local historic district and the proposed design standards for a local historic district utilizing the procedures and review criteria applicable to rezonings and Commented [SR2]: Tabled until fees are established. 5 historic significance criteria in Section ##. The City Council may modify or amend the design standards but such modifications or amendments must comply with the Secretary of Interior’s Standards for the treatment of historic properties. F. Recording of Local Historic Districts and Local Landmarks. 1. Following the designation of a local historic district or local landmark by the City Council, the City Clerk shall file in the Recorder of Deeds of Cole County a certified copy of the ordinance. Sec. #-# - Procedure to Amend or Rescind A. Nomination Withdrawal. An applicant may, in writing, withdraw its application for a local landmark or local historic district at any point prior to ordinance adoption. B. Amending an Established Local Historic District. Once a local historic district is established by ordinance under this article, such local historic districts may be altered by an applicant of subject parcel(s) seeking to be added or removed from an established district. The addition of parcels shall be within reasonable proximity to, and share historic features in common with, the established local historic district. 1. Applications to alter a local historic district shall be reviewed under the same criteria set forth in this article and under the same procedures applicable to the original establishment of the district. 2. Design standards applicable to the original approved local historic district shall apply equally to any added area. The design standards may be amended by ordinance following the process in Sec. ##. C. Rescinding a Local Historic District or Local Landmark. An applicant may submit an application to the City Council to remove the designation of a local historic district or local landmark. 1. A petition signed by no fewer than seventy-five percent of the existing property owners subject to the established local historic district shall accompany the application. 2. The City Council shall conduct a public hearing on the application, and make a decision regarding the removal of the local historic district on following the findings, a. The building(s), structure(s), or site designated as a local historic district or local landmark no longer meets the criteria for designation set forth in this article. b. Failure to remove the designation would deny the subject property owner reasonable use of their property or prevent reasonable economic return. Evidence includes, (1) Costs to comply with regulations. (2) Income generation. (3) Availability of contractors to perform needed work. (4) Real estate values. Commented [RK3]: Ask Emily if the certified copy of ordinance gets attached to property deeds Do local landmarks need to be filed on a deed Commented [NA4]: Example; Bloomington, IN Portland, ME Commented [NA5]: Do we need to create an application for this or is there a general “petition” form to the City Council. 6 (5) Revenue projections. (6) Current level of return. (7) Operating expenses. (8) Vacancy rates. (9) Financing issues. (10) Efforts to explore alternative uses of the property. (11) Availability of economic incentives. (12) Recent efforts to sell or rent the property. c. Failure to remove the designation would have an adverse impact on surrounding historical or cultural resources, specifically whether it would result in the loss of another building(s), structure(s), or site classified as historic set forth in this article. Article IV: Procedure to authorize construction, reconstruction, alterations to structures. (1) Design review standards, policies and guidelines. (a) The Historic Preservation Commission shall adopt the Secretary of the Interior's Standards for Treatment of Historic Properties and design review policies and guidelines (in such form as it deems appropriate) to aid in its review of design review and permit applications. (b) For the purposes of this section "permit" includes building permits. The Historic Preservation Commission shall not review permits for temporary structures or temporary signs. (2) Review of building permit. City staff may administratively approve applications that clearly meet the design standards of a local historic district. All other permit applications shall be sent to the Historic Preservation Commission which shall approve, approve with conditions, or deny said application based on the following acts: (a) Alteration of, reconstruction of, or addition to the exterior of any structure which constitutes all or part of a structure located in a designated local historic district; i) Action on proposed alterations, reconstruction, or additions to contributing structures. The Historic Preservation Commission shall base reviews of applications on adopted design standards, policies, guidelines, and information found in the designation application. The Historic Preservation Commission may request additional information as necessary to undertake its review. When dealing with a proposed alteration of, reconstruction of, or addition to the exterior of a contributing structure in a local historic district, the Historic Preservation Commission shall place the emphasis on applying the appropriate design standards to said structure with a view to preserving the historic significance of the basic structure. ii) Action on proposed alterations, reconstruction, or additions to noncontributing structures. When dealing with a proposed alteration of, reconstruction of, or addition to the exterior of a noncontributing structure in a local historic district, the Historic Preservation Commission shall place the emphasis on preserving the historic character of the local historic district rather than preserving the character of the structure to be altered, reconstructed or added. iii) Upon review of the proposed work, the Historic Preservation Commission finds: Commented [SR6]: Moved per committee request. Commented [SR7]: Broke out into contributing and noncontributing sections to clarify. Did it work? 7 (1) The requested work is acceptable. Certificate of appropriateness is issued in support of permit. (2) The requested work is unacceptable, the application may be approved with conditions that shall be adhered to. The Historic Preservation Commission shall state the reasons for conditions, citing adopted design standards, policies, and guidelines. (3) The requested work is unacceptable, the application may be denied. The Historic Preservation Commission shall state the reasons for the denial, citing adopted design standards, policies, and guidelines. (b) Construction of any structure located within a designated local historic district or National Register Historic District. (3) Approval of permit. The permit shall not be issued without a COA from the Historic Preservation Commission or its designated staff liaison. a) Upon approval of a permit, a certificate of appropriateness ("COA") shall be issued which shall state the approved work and any conditions to said approval. A copy of the COA shall be displayed along with and in the same manner as any building permits issued for the same work. The COA shall be valid for three (3) years from the original date of issuance. If construction has not started within said three-year period, or if an active building has not been issued by the Department of Planning and Protective Services, the applicant must submit a new application. Article V: Demolition (1) Review of demolition permit. Demolition of any structure which constitutes all or part of a local landmark, or all or part of a structure located in a designated local historic district, or any property listed on the National Register of Historic Places or within a designated National Register District; Application for a proposed demolition must be made to the Historic Preservation Commission. An application for a demolition permit fulfills this requirement. The Historic Preservation Commission shall not review demolition permits for buildings that have been declared dangerous, per Sec. ##. The Historic Preservation Commission shall take action on such an application at a regularly scheduled meeting. Upon receipt of a complete application, the Director shall forward the application to the Historic Preservation Commission for review. If a public hearing is required, the Director shall initiate notification requirements in accordance with section ##. The Director shall maintain a calendar of filing deadlines associated with the application and review process. (a) If the structure proposed for demolition is a noncontributing accessory structure or outbuilding, City staff may approve the application for demolition or forward the application for demolition to the Historic Preservation Commission with a recommendation for approval or disapproval. (b) The Historic Preservation Commission may approve without a public hearing an application for demolition if the structure to be demolished is: i. A noncontributing structure in a district; ii. A noncontributing addition to a structure or site; iii. An accessory structure or outbuilding of a contributing structure or site; or Commented [RK8]: What happens when an application is denied? Commented [RK9]: Do we want an appeal process? 8 (c) Upon receipt of an application for demolition of a contributing accessory structure or outbuilding, the Historic Preservation Commission shall require a public hearing if it finds that the accessory structure or outbuilding has historic, architectural, geographic, or cultural significance of its own, and its removal would affect the integrity of the site. (d) The Historic Preservation Commission shall hold a public hearing on all applications for demolition, except as provided in sections ## above. Public hearings of the Historic Preservation Commission shall be conducted at a regularly scheduled meeting. The Historic Preservation Commission may adopt such rules or limits as may be necessary to govern the hearing within the proper context and purposes of this chapter. Written notice of the public hearing shall be sent to the owner of the property and to the demolition permit applicant (if different from the owner), giving the time, date, place and subject of the public hearing, no fewer than ten (10) days prior to the hearing. Signs indicating the proposed action and the time, date and place of the hearing shall be posted by the Director, on behalf of the Historic Preservation Commission, on the property being considered no fewer than ten (10) days prior to the hearing. Such signs shall be prominently displayed and easily readable from abutting public ways. (e) Determination. The Historic Preservation Commission shall make a determination to approve or deny the application for demolition. The findings of the Historic Preservation Commission shall be based on consideration of specified design standards, presented plans, public testimony and related findings of fact. Notification of the Historic Preservation Commission's determination shall be made to the applicant. Notification shall also be sent to the building regulations division within five (5) days after the determination. The demolition approval under this section will be valid for three (3) years from the date of issuance. (f) If the application for demolition is denied, the applicant may seek an appeal to the City Council within thirty (30) days. Sec. 3 – Emergency Repairs Do we want a section for emergency repairs? Natural disasters, fire, neglect? Sec. 5 – Maybe signs, maybe fences, maybe landscaping, maybe ancillary structures How do we feel about accessory preservation? Sec. 6 – Appeal Process Article V. Enforcement 9