HomeMy WebLinkAboutA001 - Council Action Form dated October 10, 1995 ITEM #:
DATE: 10/10/95
COUNCIL ACTION FORM
SUBJECT: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION
31.10(1)(g), SECTION 31.13(23)(B) AND THE ADDITION OF DEFINITIONS FOR
THE TERMS: "CHARACTER DEFINING FEATURES" AND "PRIMARY STREET
FACADE" TO CHAPTER 31 OF THE MUNICIPAL CODE.
ACTION FORM SUMMARY: This is a proposal to allow the construction of additions
to existing structures in the Historic Preservation District on a larger portion of each
property, if certain restrictions are met.
The Historic Preservation Commission and staff recommend that the City Council
adopt the proposed amendments.
BACKGROUND:
On August 7, 1995, the Historic Preservation Commission recommended that the City
Council amend Section 31 .10(1) of the Municipal Code to allow additions to existing
structures in the Historic Preservation District on a larger portion of each property than
is presently allowed. Amendments proposed by the Commission, at that time, are
included on Attachment A. (These amendments have changed, as described in this
report.)
The original idea proposed by the Commission provided for additions to be located an
unspecified distance back from the primary facade.
The original idea from staff proposed that additions be allowed in both the "new
construction area" and the "alteration area" on each property.
The Commission and staff recommendations were scheduled for consideration by the
City Council on August 22, 1995, but was withdrawn from the agenda in response to a
letter from the Chairman of the Historic Preservation Commission asking that the City
Council not take action on amendments proposed to Chapter 31 .
Since that time, the Historic Preservation Commission has revised their
recommendation for changes to Chapter 31, as described in this report.
ANALYSIS:
The following proposed amendments to Chapter 31 are proposed by the Commission
members and City staff. This proposal addresses the concerns of both the
Commission and staff in that additions would not be permitted on the primary street
facades and the proposed amendments have more clarity than what was proposed
previously.
Section 31.13(23)(b) reads as follows:
Existing Text:
Site Features and Relationships.
(b) Additions shall be placed on the sides or at the back of buildings, in
the area subject to the criteria for 'new construction' as defined by
Section 31.10 of the Municipal Code.
Proposed Text:
Site Features and Relationships.
(b) Additions shall not be placed on any street side of a building.
Additions may be placed on any non-street side so long as that
does not radically change, obscure, damage or destroy character
defining features. Additions that protrude in front of or
otherwise obscure the primary street facade shall not be
allowed.
The committee also recommends that Chapter 31 be amended to include definitions
for the terms, "Character-defining Features" and "Primary Street Facade", as follows:
Character-Defining Features:
Distinguishing features of the exterior of a structure which include,
but are not limited to brackets, chimneys, porches, roof lines,
windows and other exterior design elements.
Primary Street Facade:
The foundation line of the primary structure, facing the street, not
including porches.
Further, the Commission recommends that Section 31.10(1)(g) be added to read as
follows:
(g) Additions are possible in a portion of the alteration area, as defined in
Section 31.13(23)(b).
The Historic Preservation Commission reviewed this issue at their meeting of
September 11 , 1995 and has recommended that this amendment to the ordinance be
approved.
2
ALTERNATIVES:
1. The City Council can approve the amendments to Sections 31 .10(1)(g) and
31.13(23)(b) and add definitions for the terms, "character-defining features" and
"primary street facade" to Chapter 31 of the Municipal Code.
2. The City Council can deny approval of the amendments to Chapter 31 of the
Municipal Code.
3. The City Council can refer this request back to the City staff for additional
information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative
#1. This will approve the amendments to Sections 31 .10(1)(g) and 31 .13(23)(b) and
add definitions for the terms, "character-defining features" and "primary street facade"
to Chapter 31 of the Municipal Code.
These amendments will allow additions to be constructed on a larger portion of each
property than is presently the case.
Attachment
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CAF APPROVAL
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To be sent to Philip Poorman, Harold
Newell, & Keith Rollenhagen
ATTACHMENT A
(Note: These amendments are no longer recommended for approval. The revised
recommendations are included in the Council Action Form, and in the attached
ordinance.)
August 7, 1995 Historic Preservation Commission recommendation:
Section 31.10(1):
The requirements for the alteration area apply to that portion of the
structure and the property visible from the street right-of-way and located
between that right-of-way and an invisible plane that biseets is set back
from the primary facade of the structure a distance of the structure, and
extends to the property line, parallel to the right-of-way. In the case of a lot
adjacent to more than one street right-of-way, the new construction area
is set back from the primary facade of the structure and is also set
back from the side facade of the structure a distance with an invisible
plane is established that bmseGtS the StFUGWFe, and extends to the property
parallel to each street right-of-way. The facade of the addition
visible from the street right-of-way should be consistent with the
original structure but distinct from the original structure. The portion
of the structure and the property not subject to the criteria for the alteration
area will be subject to the criteria for the new construction area" (see
attached graphic).
The City staff recommendation, to the City Council on August 22, 1995, for amending
Chapter 31 is described as follows:
Section 31.13(23)(b):
Site Features and Relationships.
(b) Additions are allowed in the alteration area and in the shame place G
the sides OF at the ba& of buildings, on the area subjeGt tO the Grileria for
new construction area as defined by Section 31 .10 of the Municipal Code.
h\rda\h isto ric\attach.911
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY F
AMES, IOWA, BY REPEALING SECTION 31.2 AND SUBSECTIONS
31.12(23)(b), 31.10(1)(g) AND ENACTING A NEW SECTION 31.2 AND NEW
SUBSECTIONS 31.12(23)(b), 31.10(1)(g); REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 31.2 and enacting a new Section 31.2 as follows:
"Sec. 31.2. DEFINITIONS AND RULES OF CONSTRUCTION.
For the purpose of this chapter, the following words, terms and phrases shall have the
meanings set forth. Unless specifically defined, words, terms and phrases shall be construed so
as to give them the same meaning as they have in common usage and so as to give this ordinance
its most reasonable application.
(1) Alteration: Any act or process that changes one or more of the exterior features
of a structure.
(2) Baluster: A post or upright supporting a handrail.
(3) Balustrade: A railing with supporting balusters.
(4) Certificate of Appropriateness: A certificate issued by the Historic Preservation
Commission authorizing an alteration, new construction, demolition, or relocation.
(5) Character-Defining Features: Distinguishing features of the exterior of a structure
which include but are not limited to brackets, chimneys, porches, roof lines, windows and other
exterior design elements.
(6) Commission: The Ames Historic Preservation Commission.
(7) Compatible: Capable of existing together in harmony.
(8) Compatible Structures: Structures that have been too altered to be considered
contributing yet are similar to the architectural styles of the district. Structures of a period other
than the dominant period or periods represented in the district, but which complete the streetscape
in a harmonious way through similarity of size, scale, color, material, and architectural character
of the structure. A building of the dominant period or periods represented is considered a
compatible structure. To be considered compatible structures must be at least fifty(50) years old.
(9) Consistent: That which is similar to, or nearly the same.
(10) Contributing Structures: Structures establishing the architectural character of the
area; structures may represent one architectural style or a broad range of architectural styles. To
be considered contributing structures must be at least fifty (50) years old.
(11) 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.
(Ord. No. 3062, Sec. 1, 10-10-89)
(12) Design Criteria: Standards for architectural elements characteristic of specific
types of architecture for a particular designated historic district.
(13) Design Guidelines: Regulations intended to preserve the historic and architectural
character of the district.
(14) District: Historic Preservation District.
(15) Exterior Architectural Features: The exterior architectural character and general
composition of a structure, including but not limited to the kind of texture of the building material
and the type, design, and character of all windows, doors, light fixtures, signs, fences, gates and
appurtenant elements.
(16) Historic District: An area which includes or encompasses such historic sites,
landmarks, buildings, structures, or objects as the Commission may determine to be appropriate
for historical preservation.
(17) Historic Landmark: Any building, structure, site, area or land of architectural,
landscape architectural, historical, archaeological, or cultural importance or value, as may be
designated for preservation by the City Council.
(18) Historic Materials: Materials that are common to the period of significance for
the architectural style of the structure.
(19) Massing: The grouping of major architectural volumes.
(20) Mullion: A vertical member that divides a window or separates one window
from another.
(21) Muntin Bar: A strip separating panes of glass in a sash.
(22) New Construction: The erection of a new principal or accessory structure on a
lot or property, or an addition to an existing structure.
(23) Noncontributing Structures: Structures that are neither of an architectural style
or time period representative of the preservation district.
(24) Primary Street Facade: The foundation line of the primary structure, facing the
street, not including porches.
(25) Relocation: Any relocation of a structure on its site or to another site.
(26) Repair: Any change that is not new construction, removal, or alteration. Repair
may include patching, piecing-in, splicing, consolidating, or otherwise reinforcing or upgrading
historic materials such as masonry, wood and architectural metals according to recognized
preservation methods. Repairing also includes the limited replacement in kind, or with compatible
substitute material, of extensively deteriorated or missing parts of features when there are surviving
prototypes (for example: brackets, dentils, steps, or portions of slate or tile roofing.)
For the purpose of this ordinance, changes made in the color of the exterior surfaces of
a building are considered to be ordinary maintenance and repair.
(27) Sanborn Maps: The Sanborn Fire Insurance Maps. These maps were produced
in the United States from 1867 to the 1950s. The maps show the size, shape and construction of
buildings as well as street names and boundaries.
(28) Sash: The portion of a window assembly that frames or holds the glass. In the
case of operable windows the portion that moves.
(Ord. No. 3010, Sec. 1, 4-12-88; Ord. No. 3062, Sec. 1, 10-10-89)
(29) Structure: For the purposes of this ordinance, a structure is defined as a fence,
garage, or house.
(Ord. No. 3328, Sec. 1, 6-13-95)"
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended
by enacting a new Subsection 31.10(1)(g) as follows:
"(g) Additions may be authorized in a portion of the alteration area as defined in Sec.
31.13(23)(b)"
Section Three. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended
by repealing Subsection 31.13(23)(b) and enacting a new Subsection 31.13(23)(b) as follows:
"(b) Additions shall not be placed on any street side of a building. Additions may be placed
on any non-street side so long as that does not radically change, obscure, damage or destroy
character defining features. Additions that protrude in front of, or otherwise obscure the primary
street facade shall not be allowed."
Section Four. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out in Section 1.9 of the Municipal Code.
Section Five. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Six. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 1995.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
0375
Proof of Publication in
DAILY TRIBUNE
STATE OF IOWA,STORY COUNTY,ss. LEGAL NOTICE
I,Craig McMullin/Joan Rost,on oath depose NOTICE OF PUBLIC HEARING
and say that I am President/Controller NOTICE IS HEREBY GIVEN that the Ames City
of DAILY TRIBUNE,a daily newspaper,printed Councilwill conduct a public hearing on Tuesday,
at Ames,Story County,Iowa;that the annexed October 10,1995,to consider an amendment to
Chapter 31 of the Ames Municipal Code,Historic
printed Preservation Districts, concerning additions on
existing structures.Any person interested in and
CITY OF AMES desiring to be heard with respect to this matter
NOTICE OF 10/10/95 HEARING:HISTORIC may then appear and be heard.The meeting is
PRESERVATION DISTRICTS scheduled to begin at 7:00 p.m. in the Council
Chambers of the City Hall, 515 Clark, Ames,
Iowa.
was published in said newspaper for 1 Sandra L.Ryan,City Clerk
consecutive week(s) Published in The Daily Tribune October 3,
and the last of said publication was on the 1995.
3rd day of October, 1995
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Sworn to before me and subscribed in my
presence by Craig McMullin/Joan Rost
this 6th day of October, 1995
Notary Public
in and for the State of Iowa
FEES,$3.86 pPP`A`SF
NO:28425 TIFFANY A. WALKER
AMES05 owa «� �
Proof of Publication in
DAILY TRIBUNE
STATE OF IOWA,STORY COUNTY,ss.
I,Craig McMullin/Joan Rost,on oath depose LEGAL NOTICE
and say that I am President/Controller NOTICE OF PUBLIC HEARING
of DAILY TRIBUNE,a daily newspaper,printed NOTICE IS HEREBY GIVEN that the Ames City
at Ames,Story County,Iowa;that the annexed Councilwill conduct a public hearing on Tuesday,
printed October 10,1995,to consider an amendment to
Chapter3l of the Ames Municipal Code,Historic
Preservation Districts,concerning additions on
CITY OF AMES existing structures.Any person interested in and
NOTICE OF 10/10/95 HEARING:HISTORIC desiring to be heard with respect to this matter
PRESERVATION DISTRICTS may then appear and be heard.The meeting is
scheduled to begin at 7:00 p.m.in the Council
was published in said newspaper for 1 Chambers of the City Hall, 515 Clark, Ames,
Iowa.
consecutive week(s) Sandra L.Ryan,City Clerk
and the last of said publication was on the Published in The Daily Tribune October 3,
3rd day of October, 1995 1995.
Sworn to before me and subscribed in my
presence by Craig McMullin/Joan Rost
this 6th day of October, 1995
` w�Notary Public
in and for the State of Iowa
a+At
FEES,$3.86 z . TIFF NY A. WALKER
NO:28425
AMES05 °V p