HomeMy WebLinkAboutA001 - FMSAutoLoad: 7/14/2014 10:10:24 AM ITEM #:
DATE: 1�1 _4189
COUNCIL ACTION FORM
SUBJECT:
Motion to Set November 14, 1989, as the Date of Public Hearing to Consid-
er an Amendment to Chapter 31, Historic Preservation Districts, by Adding
Stipulations for Historic Landmarks.
BACKGROUND:
The Historic Preservation Commission has discussed proposed requirements
for historic landmarks at the August, September, and October monthly
meetings.
As a result of these discussions, staff has prepared a draft Ordinance
adopting regulations which provide for the designation of historic land-
marks.
A graduate student, from Iowa State University, obtaining her master's
degree in Urban Planning, has provided assistance in formulating these
proposed regulations.
ANALYSIS:
The basic premise for the proposed amendment that will create regulations
for historic landmarks is the same as the premise that the staff used in
creating regulations for historic districts. Specifically:
1. The selection criteria for landmarks is the same as the selec-
tion criteria for districts that are found in the State Code;
2. The procedure that the City is to follow in designating a
historic landmark is the same as the procedure for creating a
historic district;
3. The information that an applicant must submit to the City to
support a request for historic landmark designation is similar
to the information that must be submitted for historic districts;
and
4. The requirements that are necessary in obtaining a Certificate
of Appropriateness for a historic landmark are the same as
other requirements for a district.
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In addition, the staff has proposed additional language in the amendment
that speaks to the permissibility of ordinary maintenance for historic
landmarks as well as structures within a historic district. This language
has been added to make more clear the right of land owners with respect
to maintenance.
Attached to this Action Form is a draft of the proposed Ordinance amend-
ment. (Note: All changes to existing Ordinance language or new sections
are indicated by "Bold Type".)
Historic Preservation Commission Recommendation: The Historic Preserva-
tion Commission reviewed this request at their meeting of October 9, 1989,
and recommended that it be approved.
ALTERNATIVES:
1. The City Council can approve of the proposed historic landmark
Ordinance requirements, and set November 14, 1989, as the date of
Public Hearing.
2. The City Council can refer the item back to City staff for further
study and additional information.
3. The City Council can deny approval of the proposed historic land-
mark Ordinance requirements, and set November 14, 1989, as the
date of Public Hearing.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #1. This would approve of the proposed historic landmark
Ordinance requirements, and set November 14, 1989, as the date of Public
Hearing.
COUNCIL ACTION:
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PROPOSED CHANGES TO SECTION 31
Sec. 31.2. DEFINITIONS AND RULES OF CONSTRUCTION.
(6) Demolition: Any act that destroys in whole or in part the
exterior of a building or structure in a historic district, or
destroys in whole or in part a designated historic landmark.
(11) Landmark Site: A parcel on which a designated landmark is
situated. The site may include one or more parcels of land of
any size, under single ownership by a person, partnership,
corporation, or other such single entity.
Sec. 31.7. CRITERIA FOR CONSIDERATION FOR NOMINATION.
(1) Before an area, which contains contiguous parcels of diverse
ownership, can be designated as a historic district, as evi-
denced by information provided by the proponents of the
district, it must satisfy the following criteria:
(a) Properties are significant in national, state or local
history, architecture, archeology, and culture; and
(b) Properties possess integrity of location, design, setting,
materials, workmanship, feeling and association; and
(c) Properties are associated with events that have been a
significant contribution to the broad patterns of our
history; or
(d) Properties are associated with the lives of persons
significant in our past; or
(e) Properties embody the distinctive characteristics of a
type, period, method of new construction, represent the
work of a master, possess high artistic values, represent
a significant and distinguishable entity whose components
may lack individual distinction; and
(f) Properties have yielded, or may be likely to yield,
information important in prehistory or history; and
(g) A minimum of 66 0 of the principal structures in the
proposed district are contributing and/or compatible
structures from a historical architecture standpoint. Of
the structures that re determined to be either contribut-
ing or compatible, a minimum of one (1) structure or 10%
of those structures, whichever is greater, shall be
contributing from a historical architecture standpoint;
and
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(h) The contributing and compatible structures in the
proposed district must be a minimum of 50 years old;
and
(1) The proposed district shall be less than 160 acres but
more than 2 acres in size.
(2) Building, structure, or site designated as a "landmark" must
meet the following criteria:
(a) Properties are significant in national, state or local
history, architecture, landscape architecture, archeolo-
gy, and culture; and
(b) Properties possess integrity of location, design, setting,
materials, workmanship, feeling and association; and
(c) Properties are associated with events that have been a
significant contribution to the broad patterns of our
history; or
(d) Properties are associated with the lives of persons
significant in our past; or
(e) Properties embody the distinctive characteristics of a
type, period, method of new construction, represent the
work of a master, possess high artistic values, represent
a significant and distinguishable entity whose components
may lack individual distinction; and
(f) Properties have yielded, or may be likely to yield,
information important in prehistory or history.
Sec. 31.8. PROCEDURES FOR DESIGNATION OF A HISTORIC DISTRICT.
(1) Designation of an historic district shall be proposed by an
owner or owners of property within the area for which desig-
nation is requested. Any such proposal shall be filed with the
Planning and Housing Department upon the prescribed form
and shall include the following data:
(a) A map showing Assessor's plat of the area, boundary
and boundary description, legal description, and size of
area in acres;
(b) Photographs and/or other descriptive material;
(c) List of all property owners and their addresses;
(d) Narrative providing information concerning at least one
of the following:
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(i) Its association with events that have a significant
contribution to the broad patterns of community
history; or
(ii) Its association with the lives of persons significant
in the community history; or
(iii) Its embodying of the distinctive characteristics of
a type, period, method of new construction, etc.
(e) Narrative providing information about events or persons
that may have a significant relationship to the area and
it past;
(f) Provide documentation that indicates the structures in
the proposed district are a minimum of 50 years old; and
(g) Provide information which indicates that 66% of the
structures in the area are contribution and/or compati-
ble.
(h) Design guidelines proposed as an aid to decisions on
Certificates of Appropriateness required by Section
31.10.
(i) A list of the names and addresses of property
owners within two-hundred (200') feet of the
subject property.
(2) Designation of an historic landmark shall be proposed by any
person or organization. Any such proposal shall be filed with
the Planning and Housing Department upon the prescribed form
and shall include the following data:
(a) A map showing Assessor's plat of the area, boundary
and boundary description, legal description, and size of
area in acres or square feet;
(b) Photographs and other descriptive material;
(c) List of all property owners and their addresses;
(d) Narrative providing information concerning at least one
of the following:
(i) Its association with events that have a significant
contribution to the broad patterns of community
history; or
(ii) Its association with the lives of persons significant
in the community history; or
(W) Its embodying of the distinctive characteristics of
a type, period, method of new construction, etc.
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(e) Narrative providing information about events or persons
that may have a significant relationship to the area and
it past;
(f) Design criteria proposed as an aid to decisions on
Certificates of Appropriateness required by Section
31.10;
(g) A list of the names and addresses of property owners
within two-hundred (2001) feet of the subject property.
Sec. 31.9. PUBLIC HEARINGS AND ENACTMENT PROCEDURES.
(1) Oral and written testimony concerning the significance of the
nominated historic district or landmark shall be taken at a
public hearing before the Ames Historic Preservation Commis-
sion. The Planning and Housing Department shall notify, by
certified mail, all property owners of a proposed landmark or
within a proposed district a minimum of twenty days prior to
the public hearing to be held by the said Preservation Commis-
sion. The Preservation Commission upon hearing the proposal
will review and make recommendations to the City Council.
(2) The City Council forwards the proposed landmark or historic
district designation to the State Historical Department for
review and recommendation. Within a reasonable time after
receipt of the recommendation from the State Historical Depart-
ment the Council shall make a final determination on the
proposed landmark or district designation. Designation of
such an area shall be by enactment of an ordinance to amend
the official zoning map of the City to show such designated
area in accordance with the hearing, notice and procedure
requirement of Chapter 414, Code of Iowa.
Sec. 31.10. CERTIFICATE OF APPROPRIATENESS.
One of the primary functions of the Commission is to review applica-
tions for Certificates of Appropriateness. The following shall not be done
in a designated historic district or on a historic landmark site without a
Certificate of Appropriateness from the Historic Preservation Commission.
(1) Alteration of an exterior part of a building or a structure.
Alterations to existing structures that are contributing or
compatible structures or to structures designated as historic
landmarks shall be permitted in the following instances. . .
(2) New Construction.
New construction in the area must be representative of one of
the architectural styles approved in the district or representa-
tive of the style of the designated landmark. The design for
the structure must meet all the design criteria listed for the
architectural style selected. Architectural features not
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specifically listed in the design criteria may be proposed by
the applicant. Those features should be incorporated in a
manner appropriate with the architectural style. Design
criteria are established for each architectural style identified
in each historic district.
(3) Demolition.
Demolition of existing structures that are contributing or
compatible structures or of a historic landmark shall be strictly
prohibited except in the following instance: . . .
(4) Relocation.
Relocation of a historic landmark or of an existing structure
within or into a historic district shall be strictly prohibited
except in the following instances . . .
(5) Ordinary Maintenance Permitted; Public Safety.
(a) Ordinary Maintenance Permitted. Nothing in this
Chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior feature in a
historic district or of any historic landmark which do not
involve alterations or changes in the exterior features of
a building. For the purposes of this Ordinance, chang-
es made in the color of the exterior surfaces of a
building are considered to be ordinary maintenance and
repair.
(b) Public Safety. Nothing in this Chapter shall prevent the
construction, reconstruction, alteration, restoration, or
demolition of any interior or exterior feature which the
City Building Official shall certify is required for public
safety because of an unsafe or dangerous condition, but
any such action shall be, where possible, in accordance
with the design guidelines and design criteria set forth
in Section 31.12 (Standards for Review, Design Guide-
lines, Design Criteria).
Sec. 31.12. STANDARDS FOR REVIEW, DESIGN GUIDELINES, DESIGN
CRITERIA.
In considering an application for a Certificate of Appropriateness,
the Commission shall be guided by the Design Guidelines, which shall
pertain to all historic preservation districts and historic landmarks; and,
by the Design Criteria, which shall apply only to the particular historic
district or historic landmark for which they are enacted. Said regulations
are as follows: . . .
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