HomeMy WebLinkAboutA001 - Council Action Form dated December 16, 2014 ITEM # 26
DATE: 12-16-14
COUNCIL ACTION FORM
SUBJECT: CHAPTER 31 HISTORIC PRESERVATION TEXT AMENDMENTS
BACKGROUND:
On January 28, 2014 the City Council directed staff to proceed with a comprehensive
update of Ames Municipal Code Chapter 31 Historic Preservation. Council set out a
scope of work for the update based upon prior background reports and review by the
Historic Preservation Commission (HPC) in 2013. (See Attachment A) City Council is
now asked to approve the Chapter 31 update based on the recommendations of
the Historic Preservation Commission and the Planning and Zoning Commission.
The update of Chapter 31 is extensive in its format and content. Chapter 31 is of
general applicability in regards to process and definitions. It also contains specific
requirements for designated historic districts and landmarks. Due to the need for
integration of new terminology and format changes, the draft ordinance is a complete
repeal and replacement of the Chapter. The changes can generally be classified within
the following four categories:
1. Historic District Classifications of Properties/Structures
2. Design Issues
3. Materials
4. Approval Process
Over the past year City staff completed an extensive outreach and hearing process for
the proposed ordinance, including the following initiatives:
• Historic Old Town Association joint meeting in April
• New Old Town contributing property owner meeting in May
• HPC Garage Guideline Meeting in June
• HPC Draft Ordinance Review in September
• State Historic Preservation Office review in September
• Neighborhood Meeting with staff in September
• All background materials and draft ordinances posted online
• HPC Public Hearing on complete draft ordinance in October
• City Council work shop in October
• HPC final review on changes in November
• Planning and Zoning Commission recommendation in November
Notwithstanding the combination of direct mailings, newsletter publications, and public
hearing notices, there has been nominal participation by the public and by residents of
the Old Town Historic District. All told there have been approximately 30 people who
have participated in a meeting or provided written comment to the HPC. The Chapter 31
Update process culminated in the HPC final recommendation for approval on November
10.
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Due to the involved changes to the current Chapter 31 text, a strike through/underline
version of changes is not available. Staff has highlighted below the significant issues
contained within the Chapter 31 Update and included a complete draft ordinance as an
attachment.
Category#1, Historic District Classifications of Buildings and Structures
A. Adopt the two-tier classifications system consistent with national standards
that identify properties as either "Contributing" to the historic significance of the
district or "Non-Contributing", and apply the regulations to all "Contributing"
properties.
• The two-tier system would be applied to the Old Town Historic District
(OTHD), as well as to future historic preservation districts, by referencing the
2003 Inventory.
B. Adopt the 2003 Inventory of the Old Town Historic District, replacing the 1988
survey, thereby applying the two-tier classification system and applying the
regulations to 19 additional properties. (See Attachment B and C) The 2003
Inventory supported listing the District on the National Register of Historic Places.
C. Establish preservation standards associated with contributing garages in the
Old Town Historic District supported by the 2003 Inventory. Approximately 50%
of the homes in the Old Town Historic District that have a garage are identified as
Contributing in the 2003 Survey. (See Attachment D)
Category#2, Design Issues
A. Simplify terms to address the activities of alterations, new construction, or
demolition, rather than differentiate the visible areas of the historical property for
historic review and not the range of activities. This should help improve
communications with a customer regarding what they want to do to a property.
• In the proposed regulations, any references to "alteration area" and "new
construction area" have been removed from Chapter 31.
• The definitions of "Alteration" and "New Construction" have been changed. An
"Alteration" is any act or process that changes one or more of the exterior
features of a structure, without increasing the amount of gross floor area. "New
Construction" is the erection of a new principal building or accessory structure
on a lot or property, or an addition to an existing structure that increases the
amount of gross floor area. Staff will have more authority to approve projects
with the Update. Alterations may be approved by staff, while the HPC must
approve New Construction.
• There are separate "Design Guidelines for Alterations" and "Design
Guidelines for New Construction." These apply to changes of the existing
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exterior features of Contributing structures, new additions, and new structures
that include houses, garages and accessory buildings.
• The proposed guidelines clarify where additions can be constructed.
Additions, other than porches, shall not be constructed on any street
side of a building. The standards for an addition remain the same, whereby
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 a street facing fagade
are not allowed.
B. Adopt standards and design guidelines for Contributing Garages. This is
necessary to implement the 2003 inventory for Old Town. Guidelines are
consistent with Secretary of the Interior Standards for Rehabilitation in Section
31.12 of Chapter 31.
• Garage design guidelines emphasize retaining and preserving historic
garages, including the character-defining materials, features, and details. The
alteration of garages by using configurations and designs that do not match
the design appropriate for the period and the garage is prohibited.
o Create an exception that a historic garage door may be replaced at
any time with an overhead garage door in a manner consistent with
the guidelines about design and size. This provision was inserted
by the HPC from input from a property owner in the OTHD who
wishes to retain the historic garage, but would like to replace the
historic doors with an overhead garage door.
• Created garage demolition standards that are less stringent than the standards
for demolishing principal buildings.
• Demolition of historic garages is a decision of the HPC and is to be based
upon certain factors that include historical significance, architectural integrity,
functionality, structural condition, and location on the property. Economic
hardship is not a factor for garage demolition.
Category#3, Materials
A. Materials permitted for alterations are different than those allowed for
new construction. The materials used are no longer determined on the basis
of location, but rather are determined by the design features affected by the
proposed alterations or the new construction. If using a listed material in a
manner specified by the guidelines or design criteria, it is not subject to the
individual "Substitute Material" standards. A property owner may propose a
non-listed material subject to HPC approval as a "substitute material."
• Include allowance with "New Construction" guidelines for new materials that
match historic materials in size, design, texture, use and other
characteristics to be specified. On new construction this would allow the use
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of aluminum clad windows, composite decking, cementitious siding, and other
compatible materials.
o Aluminum clad wood windows, with anodized or baked enamel finish,
may be used as a substitute for wood windows on new building additions.
o Fiberglass material is permitted for doors on new structures, or on
additions to existing structures.
o Cementitious siding (smooth finish) of an appropriate profile may be used
for the new construction of stand-alone primary buildings, garages and
other outbuildings. It may also be used for new additions to historic
structures.
o Fiberglass material is allowed for porch columns, provided the columns
have the historically correct proportions to resemble historic wood
columns. This applies to both alterations and new construction.
o Ramps may be constructed of materials compatible with historic
materials.
o Composite material is permitted for use on porch floors, when not visible
from the street, or other historic resources. This applies to both
alterations and new construction.
o Cementitious siding (smooth finish) of an appropriate profile may be used
for the new construction of garages and other accessory buildings.
o Aluminum or steel garage doors may be used as a substitute for wood in
new construction.
o Heavy gauge metal is permitted as a material for new construction of
fences.
o Wood windows or aluminum clad wood windows with an anodized or
baked enamel finish are permitted for egress windows.
o Composite material is permitted for steps providing direct access to a
deck. This applies to both alterations and new construction.
B. For "Alterations" of historic resources, improve guidance regarding the
situations under which substitute materials and elements in place of historic
materials and elements are allowed. Expressly state when and how they are
allowed, and when they are prohibited. The allowances for substitute
materials vary based on the types of features to be altered. HPC
recommends allowing for case-by-case review of non-listed substitute
materials by the HPC based upon stated criteria.
• Current standards for substitute materials state that substitute materials may
be used as an acceptable alternative to the historic materials if all of the
following conditions are met:
o The historic material on the structure is so deteriorated or damaged that it
cannot be repaired;
o The substitute material can be installed without irreversibly damaging or
obscuring the architectural features and trim of the building;
o The substitute material is similar to the historic material in size,
design, composition and texture, such as one type of wood replacing
another.
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• Proposed standards for the "Use of Substitute Materials" for alterations to
historic structures are included in proposed Section 31.13(1). The proposed
language is based upon review of other jurisdictions' approaches and professional
expertise and advisement. The basic expectations are part of the National Park
Service Preservation Brief #16 describing appropriate circumstances for use of
substitute materials, which includes the following principles:
1. the unavailability of historic materials;
2. the unavailability of skilled craftsmen;
3. inherent flaws in the original materials; and
4. code-required changes.
Notably the language of Section 31.13(1) is distinguished from the current
language by not relying upon the similar composition standard but instead
relying upon matching visual qualities. It also relies upon a criteria of the
historic material not being readily available.
• Section 31.13(1). "Historic materials shall be used unless otherwise excepted.
The removal of historic materials shall be avoided, unless the severity of
deterioration requires replacement. The Design Guidelines include specific
substitute materials for some building elements that are approved as an
acceptable alternative to the historic materials for alterations for those elements.
Other substitute materials not listed may be used only if the Historic Preservation
Commission determines that all of the following conditions are met:
o the historic material on the structure is so deteriorated or damaged that is
cannot be repaired; and,
o the historic material on the structure is not readily available;
o the substitute material can be installed without irreversibly damaging or
obscuring architectural features and trim of the building; and,
o the substitute material matches the historic material in size, design, texture,
and other visual qualities.
• Proposed standards for "Materials" for new construction are included in
proposed Section 31.14(1). Historic materials shall be used unless otherwise
excepted. The Design Guidelines include other specific materials for some
building elements that are approved as acceptable for new construction of those
elements. Other materials not listed may be used only if the Historic Preservation
Commission determines that the size, design, texture and other visual qualities of
the substitute materials are compatible with the historic materials of the particular
architectural style." Note that, for "new construction", the "composition" of
substitute materials is not a factor to be considered by the HPC.
• Include allowance with "New Construction" guidelines for new materials that
match historic materials in size, design, texture, use and other
characteristics to be specified. On new construction, this would allow the use
of aluminum clad windows, composite decking, cementitious siding, and other
compatible materials.
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o Aluminum clad wood windows, with anodized or baked enamel finish,
may be used as a substitute for wood windows on new building additions.
o Fiberglass material is permitted for door on new structures, or additions
to existing structures.
o Cementitious siding (smooth finish) of an appropriate profile may be used
for the new construction of stand-alone primary buildings, garages and
other outbuildings. It may also be used for new additions to historic
structures.
o Fiberglass material is allowed for porch columns, provided the columns
have the historically correct proportions to resemble historic wood
columns. This applies to both alterations and new construction.
o Ramps may be constructed of materials compatible with historic
materials.
o Composite material is permitted for use on porch floors, when not visible
from the street, or other historic resources. This applies to both
alterations and new construction.
o Cementitious siding (smooth finish) of an appropriate profile may be used
for the new construction of garages and other accessory buildings.
o Aluminum or steel garage doors may be used as a substitute for wood in
new construction.
o Heavy gauge metal is permitted as a material for new construction of
fences.
o Wood windows, or aluminum clad wood windows, with an anodized or
baked enamel finish are permitted for egress windows.
o Composite material is permitted for steps providing direct access to a
deck. This applies to both alterations and new construction.
Category#4, Approvals
A. Allow for staff approval of all alterations to an historic building that does not result
in the demolition of a structure or result in new construction creating additional
floor area. Staff may refer an application to the HPC for their approval. If an
applicant's proposal is inconsistent with the design guidelines, or if substitute
materials are proposed, it will be reviewed by HPC.
• Proposed regulations provide staff with the authority to administratively
approve alterations to the principal structure, garages, and other outbuildings,
and the new construction of fences and retaining walls. This authority is given
provided that the alterations or new construction meet the adopted Design
Guidelines and Design Criteria, and substitute materials are not proposed
other than those specifically listed in the Design Guidelines.
• The Planning and Housing Director may refer an application for an alteration to
the Commission for approval.
B. The current regulations allow the HPC to grant an exemption to the
requirements if an economic hardship can be shown based on the following
criteria:
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o Replication of an architectural feature will result in a conflict with the
existing Municipal Code;
o Materials for replication are no longer available; and,
o Cost of replication is prohibitive.
The proposed regulations allow the HPC to grant exemptions to the
requirements if it determines that, for an alteration, the cost of replication
is prohibitive. Granting of the exemption is not based upon "economic
hardship."
ALTERNATIVES:
1. The City Council can approve on first reading the text amendments for the repeal
and replacement of Chapter 31 of the Municipal Code per the attached ordinance.
Upon approval of the new ordinance, staff will continue to work on implementation
to update application forms and will create a Frequently Asked Question resource
for property owners and the public.
2. The City Council can deny the text amendments to Chapter 31, as included in the
attached ordinance.
3. The City Council can refer the text amendments in the attached ordinance back to
staff and/or the HPC for modification.
MANAGER'S RECOMMENDED ACTION:
The proposed text amendments to Chapter 31 are the product of City Council direction,
HPC comments, public outreach efforts, and professional judgment from research and
consultation with others. In some ways flexibility has been added through modifications
to process, design guidelines, and substitute material options. At the same time,
additional properties within the Old Town Historic District will be subject to its standards,
and will historic garages.
The proposed text amendments accomplish the original goals and scope of work for the
Chapter 31 Update, and support the integrity of an historic district while allowing for
accommodation of the desires of contemporary lifestyles. The described approach is a
balance of these two objectives. Additionally, staff believes this comprehensive revision
will improve overall customer service without a significant increase in staff time for the
on-going administration of Chapter 31.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1, thereby approving on first reading the attached ordinance for text
amendments to Chapter 31 of the Municipal Code.
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Attachment A
Scope of Work for Chapter 31 Update
• Review the existing Design Guidelines in Chapter 31 and update them where
necessary to reflect current preservation practice and sustainability trends for the
use of alternative materials in residential districts, and to reflect a range of
"periods of significance."
• Develop new fence Design Guidelines that will be appropriate for the various
historic districts and landmarks throughout the city.
• Develop Design Guidelines for garages, including, but not limited to, appropriate
standards for solid/void ratio, materials, and appearance.
• Assess the impact of making the local historic district resource classifications (3-
tier system of "Contributing", "Compatible" and "Non-Contributing") consistent
with the National Park Service resource classification (2-tier system of
"Contributing" and "Non-Contributing") that would also be applied to garages.
• Analyze how terms are used in Chapter 31, and determine if definitions are
needed.
• Develop and clarify definitions as well as Design Guidelines to distinguish
between "Consistent" and "Compatible" in terms of materials and architectural
design.
• Develop Design Guidelines to address ADA issues (e.g. — how to sensitively
incorporate a ramp into the design of the structure).
• Develop specific Design Guidelines to allow the sensitive integration of egress
windows and fire escapes.
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Attachment B
Changes to Classification of Properties in Old Town Historic District
From 1988 to 2003 Inventories
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Attachment C
Changes to Classification of Properties in Old Town Historic District
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Location of Contributing Garages (shaded properties)
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