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HomeMy WebLinkAbout3.A.1. Amendment to the City Code Concerning Demolition Permit Review by the HPAC 3,A, CITY OF SHAKO PEE MEMORANDUM CASELOG NO: NA TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Amendment to the City Code Concerning Demolition Permit Review by the HP AC MEETING DATE: January 22,2008 INTRODUCTION The Historic Preservation Advisory Commission (HP AC) has requested a work session with the City Council to discuss in detail their proposal for an amendment to the City Code that would allow the HP AC to be able to review demolition permits for historically significant properties. Additionally, the HP AC would like to discuss the process for scheduling the HP AC meetings to be videotaped/televised. DISCUSSION Currently, the City Code states that demolition permits are issued by the Building Official. Demolition permit applications are not referred to, or reviewed by, any City Commission or the City Council. At its December 11, 2006 meeting with the HP AC, the City Council authorized the Commission to research and develop a process that would allow the Commission to review demolition permits for historically significant properties. The HP AC has prepared an initial draft of a proposed ordinance amending the City Code, which would give the HP AC the authority to deny demolition permits. A second option proposed by the HP AC would involve more of a review and comment opportunity by the HP AC, with a recommendation being forwarded to the City Council. Due to the additional review time involved, these proposals would have imposed mandatory delays in the processing of building permits for historic properties. The initial draft of the ordinance was reviewed by Jim Thomson and Sarah Sonsalla of the City Attorney's office. Because the draft ordinance appeared to go further than what they thought was discussed with the City Council during the December 11, 2006 meeting, they thought that a review and comment option would be advisable to propose to the Council before formally proceeding with drafting an ordinance amending the City Code. Based on the City Attorney's office understanding of the direction from the City Council, if an ordinance amendment was to be processed at this time, it would read something like: "The Historic Preservation Advisory Commission may review all demolition permit applications involving historically significant properties, as designated by the Commission. Upon its review, the Historic Preservation Advisory Commission may provide the property owner with its comments and suggestions concerning the demolition of the building, including, but not limited to, suggesting incorporating the existing building into the proposed development, rehabilitating or renovating the building, relocating the structure or salvaging significant artifacts and materials from the building prior to demolition." As you can see, this type of Code amendment would only allow the HP AC to review the demolition permits and provide comments and suggestions. The property owner would not be required to adhere to the HPAC's comments and suggestions and the HPAC would not be authorized to deny a demolition permit. The attorneys believe that if the HP AC would like the City to be able to deny a demolition permit because a property is historically significant, or it would like to place other restrictions on the modification of historically significant properties, there will need to be an additional more comprehensive "historic preservation" ordinance that addresses these issues. In addition, if there is going to be additional regulation of historically significant properties, the ordinance must address how the properties within the City are determined to be historically significant and set forth the criteria for making this determination. The ordinance must also give the owners of historically significant properties the opportunity to object to this designation in the event that they do not agree with this determination. The City Council would, of course, need to be consulted as to whether it would like to pursue a comprehensive historic preservation ordinance. Because the draft ordinance appeared to go further than what was discussed with the City Council during the December 11, 2006 meeting, the attorneys thought that it would be advisable for the HP AC to discuss this matter further with you. Besides the proposal outlined by the City Attorney, the Historic Preservation Advisory Commission (HPAC) has directed staff to prepare a text amendment to Section 4.03, Building Permits, regarding the Demolition Permit Review Process. The text amendment proposes adding language that addresses implementing additional review of certain demolition permits by the HP AC. Staff shall research and develop a process that would include having the Commission review demolition permits of certain structures and/or sites in Shakopee that are historically significant, consistent with the five (5) steps identified below and/or other steps identified by the Council, and to forward the amendment to the City Council for their consideration. The amendment request includes researching language for a possible ordinance change to the demolition permit process, along with looking into programs that can assist in minimizing demolitions, such as providing tax incentives to move houses rather than demolish them, and grant programs to assist in renovating structures. Additionally, there should be some discussion and research on programs that are available to assist property owners with renovating their structures or as a last option, moving their structures to another site. It was previously mentioned that the language should include: that demolition permits, located in the original Shakopee plat, require a 7-10 day waiting period. Properties that are designated locally significant will go thru the review process The Historic Preservation Advisory Commission has previously requested the ability for them to have some input into the issuance of these permits. Specifically, they would like to be involved in the process when it pertains to structures that are proposed for demolition that also may comply with the approved guidelines for structures that could be considered for local or national designation to the National Register of Historic Places. Factors such as the age of the structure, the rarity of the building type, and whether it fits the definition of a unique or unusual structure, as well as whether it is connected with a prominent person and or associated with a historic site. Items that the Commission would be evaluating in the review of these demolition permits are as follows: 1. Work with developers to incorporate existing historic structures into the proposed development. 2. Determine whether the structure could be rehabilitated or renovated. 3. Determine whether it could be moved to a different site. 4. Determine whether there are significant artifacts and materials that could be salvaged. 5. Document the structure for historical reference. The Commission has spent a considerable amount of time conducting research of the residential and commercial structures found in the I 5t Avenue Corridor, extending from Rahr Malting to Marschall Road. In their research, they have discovered a number of structures that have some historical significance, whether in the style of architecture, person(s) who may have resided at the site, and the location of the structure and the significance of those properties and families in that immediate area that have had some significance in the shaping of the city. Based on that research, there may be several structures/sites that could be deemed worthy of being recognized as locally or nationally designated to the National Register of Historic Places. The Commission's goal for those structures that have been determined to be significant are that they be recognized, and that in the case where there may be a request in the future for demolition of that structure, that those structures be analyzed by staff, with the assistance of the Commission, based on the five (5) steps noted above, prior to issuance of a permit, should that be the end result. As identified in numerous documents put out by the city, the City is proud of its historic downtown area and other historic properties, and encourages property owners to maintain and invest in their properties to preserve our past history. The Mission statement of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud past, promising future, and small-town atmosphere within a metropolitan setting. This is consistent with the Historic Preservation Advisory Commission's vision, and their belief that promoting the preservation of Shakopee's historical past relates to several of the City's identified goals and strategies. ALTERNATIVES 1. Request that the City Council provide direction for the HP AC on preparing a demolition permit review text amendment. 2. Table the matter for additional/revised information. VISIONING RELATIONSHIP The proposed text amendment supports adopted Goal D: Vibrant, Resilient, and Stable. STAFF RECOMMENDATION Staff recommends Alternative no. 1. ACTION REQUESTED The HP AC shall discuss this item with the City Council at a work session, at which time they will provided direction on how to proceed with a proposed text amendment concerning demolition permits. The Council may also provide further direction to the HP AC and staff on whether it would consider adopting a comprehensive historic preservation ordinance. Mark Noble Planner II DRAFT ORDINANCE NO. _, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 4.03 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Section 4.03, Building Permits, is hereby amended by adding the following language: Subd. 3. Demolition Permit Review of Locally Designated Historic Properties Locally Designated Historic Properties Demolition Permit Review: A Demolition Permit Review Application will be required for demolition in whole or part of a building located within one of the City's locally designated historic properties, or a property that meets the criteria that would qualify it as a locally designated property. The application must include detailed plans, including at a minimum a site plan and building elevations, application fee, a list of names and addresses of the owners of all properties situated wholly or partially within 350 feet of the subject property, and any other related information as deemed necessary to evaluate the request. The Planning Department will review the application and if complete, forward the application to the Historic Preservation Advisory Commission (HP AC) at their next available meeting. Criteria for Demolition Permits: All recommendations by the HP AC and decisions by the City Council to approve or deny, and/or impose conditions on the Demolition Permit shall be in accordance with the program approved by the Council and the State Historical Preservation Office for each locally designated historic property. The following General Standards for Historic Preservation Projects issued by the Secretary of Interior shall be considered in the evaluation of Demolition Permits: a) Whether the building or structure is of such architectural or historic significance that its demolition would be detrimental to the public interest. b) Whether the demolition of the structure would be contrary to the objectives of the HPAC for the locally designated historic property, where applicable. c) Whether the structure is of such old, unusual, or uncommon design, texture, and/or material that it could not be reproduced or could be reproduced only with great difficulty and/or expense. d) Whether the structure is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it, provided that any hardship or difficulty claimed by the owner, which is self-created or the result of any failure to maintain the structure in good repair, cannot qualify as a basis for the issuance of a Demolition Permit. e) Whether the denial of the application would deny the owner of the structure all economically- viable use of the property. DRAFT Interim Control of locally designated historic properties: No building permit shall be issued by the Building Official for demolition or removal of any locally designated historic property, or any qualifying property, from the date of the first notice of public hearing by the HP AC until final disposition by the HP AC or City Council, unless such action is authorized by formal resolution of the City Council as necessary for the public health, welfare, or safety. The period of delay shall not exceed one hundred twenty (120) days. Appeal: Ifthe Demolition Permit is denied or modified by the HP AC, the applicant will, within ten (10) working days of the HPAC's order and decision, have the right to appeal such order and decision to the City Council. The appeal shall be deemed perfected upon receipt by the Planning Department of a notice of appeal and statement setting the grounds for the appeal. The Planning Department shall transmit a copy of the notice of appeal and statement to the City Council and a copy to the HP AC. The City Council may overturn the HPAC's order and decision by a two-thirds vote of all members of the City Council. The HPAC, in any written order denying a permit application, shall advise the applicant of the applicant's right to appeal to the City Council and shall include this section in all such orders. Limitations: If within seventy five (75) days from the filing of a Demolition Permit Review Application, the HP AC has neither approved nor denied the Demolition Permit Review Application, the plans and permit application shall be deemed to have been approved by the HP AC. If all other requirements ofthe City have been met, the City shall authorize a permit for the proposed work. No permit shall be issued and no work shall have commenced in the event the HP AC disapproves the Demolition Permit Review Application in accordance with this ordinance. Emergency Repair: In emergency situations where immediate repair is needed to protect the safety of a building or structure and its inhabitants, the City Administrator and the City Building Official may approve the repair without prior HP AC action. In the case of an emergency repair order issued pursuant to this section, the City Administrator shall immediately notify the HP AC of its action and specify the facts or condition constituting the emergency situation. In the case of a natural disaster, the HP AC may determine that a Demolition Permit Review Application is not required, or that if required, the applicant may be eligible for a reduction of the application fee. Enforcement: In case any building or structure subject to the regulation of this ordinance is to be erected or constructed, reconstructed, altered, repaired, converted, maintained, moved or subjected to demolition in violation with this ordinance, the zoning administrator, in addition to any other remedies, may: a) Institute civil action for injunctive relief to stop, prevent or abate violation of this ordinance. b) Issue a stop work order to prevent a continuing violation of this ordinance. c) Work which proceeds in violation of this ordinance, in contradiction of a stop work order, or in disregard of a court ordered injunction shall be a public nuisance. d) A fee, up to $2,000.00 per day (maximum of$10,000.00), may be assessed ifthe demolition work continues in violation of any civil action/stop work order. In the case of the proposed demolition of a building prior to the approval of demolition, the HP AC shall make written findings on the following. a) Architectural and historic merit of the building/structure. DRAFT b) The effect on the surrounding buildings and structures. c) The effect on any new proposed construction on the remainder of the building (in case of partial demolition) and on surrounding buildings. d) The economic value or usefulness of the building as it now exists, or if altered or modified, in comparison with the value or usefulness of any proposed structures designated to replace the present building or buildings. e) How the building will in itself, or by reason of its location on the property, materially affect the architectural or historic value of the buildings on adjacent sites or in the immediate vicinity within the locally designated historic property. Community Notification: Prior to the HP AC or City Council making its decision regarding an application for a Demolition Permit of any building in whole or part, that has been locally designated historic, the City shall cause to be published in the local newspaper for general circulation a notice ofthe hearing at least ten (10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property for which a Demolition Permit Review Application has been submitted and to all property owners of land situated wholly or partially within 350 feet of the subject property. Upon acceptance by the City of a Demolition Permit Review Application, signs, viewable to the public, shall be posted on all proposed demolition sites indicating the following: a) the building/structure to be demolished, b) the future plans for the site, c) that a waiting period, not to exceed 120 days from the date the application is accepted, is in effect before demolition may begin, and d) the actions to mitigate the adverse impacts of demolition. After consideration of a Demolition Permit Review Application, the HP AC shall make a determination on said application, which, if approved, shall entail conditions of such approval; and if denied, the basis for such denial. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in held the day of session of the City Council of the City of Shakopee, Minnesota ,2008. Mayor of the City of Shako pee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2008. 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