HomeMy WebLinkAbout3. Joint meeting with Historic Preservation Advisory Commission
3.
CITY OF SHAKOPEE
MEMORANDUM
CASELOG NO: NA
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Historic Preservation Advisory Commission
Mark Noble, Planner II Y
SUBJECT: Amendment to City Code - Draft Historic Preservation Ordinance
MEETING DATE: November 25,2008
DISCUSSION
The Historic Preservation Advisory Commission (HP AC) has been working on a draft Historic
Preservation Ordinance, and they are now at a point where they have completed the main elements of
this document and would like the opportunity to share it with the City Council and discuss it in some
detail to ensure that they are proceeding in a manner consistent with the Council's wishes. After this
discussion, they will make any necessary changes, complete the document and present it to the property
owners of those structures listed as Locally Significant Historic Properties. After that meeting, they will
proceed with a text amendment for the City Council to act upon.
The Commission has spent a considerable amount oftime collecting information and discussing the
elements that they would like to incorporate in this draft ordinance. They have researched what other
communities have incorporated into their ordinance, focusing on communities that are similar in size to
Shakopee and that include a number of similar characteristics of Shakopee (River town, Historic
Downtown, etc.). The Commission understands that certain aspects of the draft ordinance may be more
regulatory than they desire; however, to be eligible for potential grant and reduced loan opportunities,
there are specific criteria that need to be included in their ordinance.
Staffhas attached the draft language for the Council to discuss with the Commission, and to provide
direction on how to proceed.
ALTERNATIVES
1. The City Council shall discuss with and provide direction to the Historic Preservation Advisory
Commission on the draft Historic Preservation Ordinance.
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 City Council shall discuss with the Historic Preservation Advisory Commission the draft Historic
Preservation Ordinance, and provide direction to the HP AC on how they should proceed.
Mark Noble
Planner II
ORDINANCE NO. _, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CITY CODE SECTION . RELATING TO THE HISTORIC PRESERVATION
ORDINANCE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Oity Code Section , , is amended by adding the following
Subdivision:
Chapter I: Purpose/Policy:
Chapter II: Definitions:
Chapter III: Nomination/Designation of Historic Preservation Sites/Districts:
1. Reports
2. Criteria for Designation
3. Commission Review
4. Hearings
5. Findings & Recommendations
6. Appeals
Chapter IV: Establishment of/Additional Powers and Duties/Responsibilities of the Commission:
Chapter V: Permit Application Requirements/Review:
1. Site Alteration Permit
2. Site Alteration Permit Review Criteria
3. Commission Review/Recommendation
4. Procedures/Findings
5. Appeals
6. Limitations
7. Emergency Repair
8. Simplified Review Process for Minor Work.
Chapter VI: Enforcement/Penalties for Violations
Chapter VII: Repository for Documents
Chapter VIII: Recording of Historic Sites
Chapter IX: Incentives and Tools
CITY OF SHAKOPEE CITY CODE, SECTION ,
Chapter I: Purpose/Policy:
Chapter II: Definitions:
Chapter III. Nomination/Desianation of Historic Preservation Sites/Districts:
1. Reports. Prior to designating a local heritage preservation site or nominating a site to the National
Register of Historic Places, investigate and catalog any historical, cultural and architectural significance
of a building, site or object proposed for designation. All recommendations shall be made in
-consideration of any master plan, zoning requirements, projected public improvements. and existing or
proposed redevelopment plans applicable to the property under consideration for designation.
2. Criteria for Desiqnation. The Historic Preservation Advisory Commission shall recommend to the
City Council areas, buildings, districts, or objects to be designated heritage preservation sites. In
considering the designation of historic preservation sites, the Commission may designate a historic site
only when the property is found to meet at least one of the following criteria:
a) The site has character, interest or value as part of the development. heritage, orcultural
characteristics of the city, state or county.
b) The site as the location of a significant historic or prehistoric event.
c) The site is identified with a person or persons who significantly contributed to the city's culture
and development.
d) The site embodies distinguishing characteristics of an architectural type, style, period, form or
treatment.
e) The site is identified with the work of an architect or master builder whose individual work has
influenced the city's development.
f) The site embodies elements of architectural design, detail, materials or craftsmanship which
represent a significant architectural innovation.
g) The site's unique location or singular physical characteristic represents an established and
familiar visual feature of a neighborhood, community or the city.
h) The building on the site is built using locally gathered or manufactured materials.
i) The age of the structure is fifty (50) years of age or older from the current date.
Chapter IV: Establishment of/Additional Powers and Duties/Responsibilities of . the
Commission:
Chapter V. Permit Application Requirements/Review:
1. Site Alteration Permits. No person shall cause the alteration of any Historic Preservation Site or
structure within a Historic Preservation District that has been designated by the City's Historic
Preservation Advisory Commission (Commission) as a locally significant historic property without first
applying for and obtaining a Site Alteration Permit. Such application shall be submitted to the Planning
Department and shall be accompanied by a permit fee as set forth by City Council ordinance.
A copy of the application and plans shall be submitted to the appropriate staff who, within ten (10) days
of submission, shall determine whether the Site Alteration Permit application is complete. If incomplete,
the applicant will be notified with instructions for completing the application. When a completed
application is received, it will be files with the Planning Department for processing.
Requests for a site alteration permit for work that is consistent with the standards of this Ordinance
shall be processed administratively by the appropriate staff. A request for a site alteration permit that
does not meet the standards of this Ordinance will be referred to the Commission for review and
approval.
Applications shall be accompanied by three copies of detailed plans including a site plan, building
elevations, design details and materials, and any other related information deemed necessary to
evaluate the request. Staff and/or the Commission shall review activities in accordance with the
regulations as adopted by the Commission. To facilitate the review of an application, the applicant shall
have considered and prepared documentation on one of more of the following, prior to submitting the
application:
a) Historic photographs of the building.
b) Drawings and notations that describe the proposed work, clearly identifying and dimensioning
each element and feature, its location, size, material, and color.
c) Paint type and color. Paint may be either oil based, acrylic latex, factory applied, or epoxy
coatings, as is appropriate for the material applied to, with assurance to the commission that
careful preparations will be made for proper adhesion and durability. Colors shall be similar to
those used during the era when the building was constructed (earth tones, greens, dark reds,
pale yellows, and browns, were popular in the latter half of the 19th century; lighter shades
predominated in later decades). Bright or unusual colors shall be avoided.
The Building Official shall not issue any permits in regard to an application on a historic designated site
or district until the permit has also been authorized by the appropriate staff for compliance with this
Ordinance.
The Commission shall review and consider the issuance of a Site Alteration Permit to do any of the
following on a designated Historic Preservation site or district:
a) Remodel, repair, or change in any manner that will alter the exterior appearance of an existing
building or site including painting, signage, awnings, significant landscaping and permanent
interiorremodeling which visibly affects the exterior appearance where visible from the public
right-of-way.
b) New construction including the expansion or enlargement of an existing building or site;
c) Moving of buildings;
d) Demolition in whole or part; or
e) Public improvement projects which directly or indirectly affect a Historic Preservation site.
2. Site Alteration Permit Review Criteria. All decisions of the Commission with respect to Site Alteration
Permits shall be based on the following criteria:
a) Every reasonable effort should be made to provide a compatible use for a property that requires
minimal alteration of the building, structure. or site and its environment. If no compatible use can
be found, adaptive reuse and rezoning may be considered in lieu of potential demolition.
b) The distinguishing original qualities or character of a building, structure or site and its
environment should not be destroyed. The removal or alteration of any historic material or
distinctive architectural features should be avoided where possible.
c) If no discernible architectural style is apparent. a building exterior may emulate or compliment
other prevailing styles within the block.
d) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building,
structure, or site should be treated with sensitivity.
e) Deteriorated architectural features should be repaired if possible. In the event replacement is
necessary, the new material should match the material being replaced in composition, design,
color, texture, and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplication of features, . substantiated by historic, physical or
pictorial evidence rather than on conjectural designs or the availability of different architectural
elements from other buildings or structures.
f) The surface cleaning of structures should be undertaken with the least abrasive means
possible. Sandblasting and other cleaning methods that will damage historic building materials
shall not be undertaken.
g) Contemporary designs for alterations and additions to existing properties may be permitted
when such alterations and additions do not destroy historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material, andcharacter of the
property, neighborhood or environment.
h) Whenever possible, new additions or alterations to structures should be done in such a manner
that the essential form and integrity of the primary structure would be unimpaired.
i) Every reasonable effort should be made to protect and preserve archeological resources
affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation,
restoration or reconstruction project.
j) The original exterior walls or surface of buildings and structures should be retained to the
maximum extent possible. In no case shall more than fifty (50) percent of the original exterior
walls be destroyed, removed or covered.
3. Commission Review. The Commission shall determine if the work to be performed would adversely
affect the Historic Preservation District or Site based on the criteria set forth in the above subsection. If
the Commission finds that the permit application is in substantial compliance with the criteria, the
application shall be approved and the
Commission shall forward its conditions and directives and Site Alteration Permit to the building official
as necessary and other persons interested or affected by the proposal at the discretion of the
Commission. The Building Official shall deny any building permit application for work proposed on a
Historic preservation site which has not been first considered by the Commission or which is
inconsistent with conditions or directives issued by the Commission in the Site Alteration Permit.
4. FindinQs. Before approving a Site Alteration Permit, the Commission shall make written findings
based on the following guidelines:
a) In the case of a proposed alteration or addition to an existing building, the Commission shall
determine that such alteration or addition will not materially impair the architectural or historic
value of the building. The Commission shall consider the existing structures and existing
exterior appearance, bUilding height, building width, depth, or other dimensions, roof style, type
of building materials, ornamentation, and paving setback.
b) In the case of a new building proposed in a Historic Preservation District, that such building will
not in itself, or by reason of its location on the site, materially impair the architectural or historic
value of buildings on adjacent sites or in the immediate vicinity. Additionally. new construction
shall conform to the general height, setback, massing and character of the district.
c) All decisions of the Commission shall be based on explicit findings that are in accordance with
the adopted Historic Preservation Guidelines for each individual Historic Preservation District or
Site and the general guidelines set forth in this Ordinance.
5. Appeals to the City Council. The Commission, in any written order denying a permit, shall notify the
applicant of the appeal procedures provided herein. The permit applicant or any party aggrieved by the
decision of the Commission shall, within thirty (30) days of the date of the Commission's written order
and decision, have a right to appeal such order and decision to the City Council. Such appeal shall be
addressed to the City Council and submitted to the appropriate staff and shall include a statement of
reasons setting forth the grounds for an appeal. The appropriate staff shall transmit a copy of the
appeal and statement of reasons for the appeal to the City Council and to the Commission. The City
Council may modify or overrule the Commission's decision, but only if the project is found to be
consistent with the recommended standards set forth in this ordinance for preservation projects.
6. Limitations. No building permit and/or site alteration permit subject to review by the Commission
shall be issued by the Building Official until the Commission has provided its comments on the
application. The Commission shall take final action to approve or deny a Site Alteration Permit within
forty-five (45) days of the date a completed application was submitted. If within forty-five (45) days from
the filing of a complete application, the Commission has not commented on the application, the Building
Official may issue the building permit and/or site alteration permit if all other requirements for issuance
have been met.
7. Emerqencv Repairs. In emergency situations where repair is needed to protect the safety of the
structure and its inhabitants, the Building Official in consultation with other appropriate staff, may,
without Commission action, approve the repair of only those items needed to insure safety without prior
Commission action. In the case such a permit is issued pursuant to this section, the Building Official
shall require that such repairs be made in conformance with the recommended standards for historic
preservation set forth in this Ordinance and adopted Historic Preservation Guidelines for the district or
site, to the extent possible. In addition. the staff shall notify the Commission of such action and specify
the facts or conditions constituting the emergency situation.
8. Simplified Review Process for Minor Work. When proposed work is in conformance with the
applicable Historic Preservation Guidelines, permit applications for minor work may be approved by the
Building Official in consultation with other appropriate staff. Minor work shall include repair or re-
roofing; in kind repair to existing windows, doors, siding or trim; and repairs to porches, fences,
retaining walls and landscape. Review will not be required for work done as part of utility and sidewalk
repairs unless such work requires removal of designated historic objects or features. In no case shall
the strict adherence to these standards supersede the need to make the necessary expedient repairs.
Chapter VI. . Enforcement/Penalty for Violations.
The purpose of this section is to encourage the sensitive rehabilitation, restoration, stabilization and/or
preservation of historic buildings throughout the City. These rehabilitation and preservation efforts
should provide for the upgrading and maintenance of the safety features of the building or structure to
provide a practical level of safety to the public and surrounding properties. While ensuring this
increased level of public safety, the Commission shall be open to acceptable alternative solutions and
alternative compliance concepts, where practical, that will permit the continued use of existing buildings
and structures without creating overly restrictive financial burdens on owners or occupants. Nothing in
this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of
any building or structure that is required by City code.
An owner, occupant, or designated representative of any area, place, building, structure. or other object
within a locally designated Historic Preservation District or Site, who violates any provision of this
Ordinance shall receive a written notice of violation. The notice shall specify the nature of the violation
and possible means for rectifying the violation.
The notice shall be issued by registered mail or hand delivered, receipt requested, to the owner or
designated representative of the Historic Preservation site. Upon receipt of the notice of violation. ten
working days will be allowed to rectify the violation to the satisfaction of the Commission.
If the violation is not rectified to the satisfaction of the Commission as required, the city may issue a
stop work order or commence a civil injunctive action to stop, prevent or abate a violation of this
Subdivision and may also impose additional fees as set forth in the City's fee schedule.
Chapter VII. Repository of Documents.
The office of the City Clerk is designated as the repository for at least one copy of all studies, reports,
recommendations and programs required under this Ordinance.
Chapter VIII. Recordina of Historic Preservation Sites.
The office of the City Clerk shall record the legal descriptions of all buildings, lands, or areas
designated as Historic Preservation Sites by the Commission and shall make such records available to
the Building Code Division.
Chapter IX. Incentives and Tools.
The Commission may recommend the use of any pre-existing incentives and/or tools to encourage and
promote preservation. The Commission shall also create policies and incentives recommending the use
of, but not limited to, tax increment financing (TIF), fayade easements, tax abatement, assessments or
other tools to encourage and promote preservation activities. In addition, the Commission shall have
the duty to work with the Economic Development Authority. City Council. and State Historic
Preservation Office to identify programs and incentives for city-designated historic properties.
Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and
publication.
Adopted in session of the City Council of the City of Shakopee, Minnesota. held the
day of ,2008.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2008.
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3.
I~O ~ Ill~s-/o?
Selected
Historically Significant Sites
T\ \ Shakopee, MN
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CJ JD Place Name Address Year
~~R \',1 0 ~ z I Bunal Mounds, Veteran's Memorial Park 1801 County Road 101 East
r==- I a~Lf5\',\',\~ :rff\\\!lIJ;x:l mID~\I[J ~ \~a\--\ 2 FanbaUIt~.lom.eSlte.,spnngs,andBunaIGround Murphy's Landl.ng
t::::::=; ~ ;y~i'?R\\ .-L- /,~r~t~~ \ \~ffiJ~ rr=\ \J-l--:l aJ~-----rm ,\ ~ 3 Faribault Cabin Murphy's Landing
~ -----d \==l ~ ~~~ 0/" \IIllJ 'Z \...L.---l mm-A.V_E'\', ~-:lW ~..\ 4 Murphy Inn Site Murphy's Landing
~ ~O V . \', 7i- ~ ~ IE:' 5 Pond', Gnst ~lill Murphy's Landing
c::J u:JI \ =- f'f'ffO~ru::::J ~m-n-m LID ~ 0 2[U!ND A.Y\', \T1\\ r\\T\ mm FfffT\ ~=::lD) A.Y_\',~ ~~~ If 6 Schroeder Brick Kiln North of805 Bluff Avenuc East
II W1----U~ . ~ ~:;1 ~ ~~~ \jJ.J--l-J 7}, 3RD ~, -I ~ 7 Schroeder Brick Outhouse 711 Bluff Avenue East
<N - 'Z r;:. r;:. 'to ~ 'j, ---- 8 Samuel Pond's Mission Site . Cavanaugh Drive 1848
oli\UD""OK"~~~ ~CliD\)l~ gJ:l GIJJ \\\\\~9I6mro'Zrli\\\ \::lD~W ~CJ \ 9Stru.nk-NyssenHou.se(NotdePlctedonMap) 11120.ChapparalAvcnue
~g r=II7I'~crn rIII~ ~~~ '41JJ---L1--1 s~~ II ,\ 1m 10 Vierling Farmstead 1101 NaumkeagStrcetSouth 18487
?:a ~ ~I j ~:;'~~~~S:D ~~ ~oj JI II JW II Oldest House in Old Shakopee,orig at 3rd and lewIS 303 Four.thAvenue East 1850
\ \' ~ , ffiJJ 05~.-l .-l -- 12 Samt Mark'sCathohc Church 350 Atwood Street South 1855
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I T ~~ 2NtUQA. ~ mro ~ " ~ 13 Schroeder House 519 First Avenue East 1856
~ ~~ _ ~ Prllll \~ 14 Farmhousefroml857 836 LewIs Street South 1857
\ \~, ~~ 15 Schum<:lcherHollse III Fifth Avenue East 1857
l.-'-- ':9. ~ ~ UTI:] r\l\l ~~ UJJ --r iT 1 II Ii 8 \ 16 Saint John's Lutheran Church 705 First Avenue East 1859
I,;!" ~ t::::1JJJ rf>~ _ I I 1\ L ~ _ 17 Samt Mary's Catholic Church 535 Lewis Street South 1864
~~o ~ y\',W orllll 0 ~ ~ GTI],~ rC 1 ~ 0 18 ShakopeeBrick House on National Hist.Register 419 Second Avenue East 1865
'to ~ 3RDI\~ ~ gLL-1 GIro ';== ~ f-- LJ 19 Limestone House l32 Main Street North 1869
rf>tuocrlfffi ~ UTI! \!tm ~ 20 Schroeder Brick Foreman's House 805 BlufTAvenueEast 1869
l~LlID co ~ 6rD JL. - _f-- f-- 21 Frank BuchHouse 227 Fourth Avenue West 1875
?< ~ A. V\', \', 'r- 22 Herman Schroeder Brick House 717 Bluff Avenue East 1880
rf> r;;v 51\-\ 23 H.B Strait House 314 Scott Street South 1880
mm -J, nro CJ P\ <<fIl UIDP+m I =r~[[~ILwillkI~~ID I~ 24 Schlink BUild. ing . 124 Holmes Street South 1880
YE W ~ ~ - ,'~ ~ 25 Julius Coller House 434 Lewis Street South 1887
_ DIm ~ M1b1tJt:Il.lJ err f---- 27 ~laurice Stans House . 128 Second Avenue We,t 1890
51'HAY\',W rTTlll Ff"'tl mE riD ~ 30 Bill's Toggery 138 Lewis Street South 1890
n\1ll ffi],)UDJ ~ utID U-J--J rlIlll rIlI\\ \llB FT\J tJ1-L-l8E 8JIID mTlll [[]]] mrn ~<<~ ~~ ~:::~I:~:~m:;~:hool ~~~ ~:::~~ ~::~~: ~::: :::~
~ ~A.YcW \\II \..J-1W ~ t:J--I=---l UJ1W LU.W ::..-::::: 33 Argu.<Block 101 lewIS Street South 1895
\ 61 ~ C/l 2:::;oj 34 Logefiei House 437 Third Avenue East 1895
~~"" nT\ltIl'a rm\~ m:n ~ mE BE ~ aE mrrm ITIIJJ rnm~, "ll/ /~ ~ <DC,,'N ~::~.:;;,~S;ann ~~~~I~~~:;e~t~~:::eu~ast :::~
Murphy's Landing / h_ ~6rlD t:::::l---U t9E \' I l OJ]] rTTTTl~DJJ ::::::]I '\ ~f--- t:: 1 ~\ 37 Rohlf House 93\ First Avenue East 1896
, ' ~~t::1J----1 \' C/l LLlillw ~---1,cA--:;= 38 BnckHouse 438 Second AvenueIVest 1896
Veteran s Memonal Park -- ;W \?>\\CJ.lrnr I-lB!;;1 ~~~B8 _ I-" T I-- 39 B.nCkHouse . 330~1...rstAvenuewest 1898
Inset ~ drITH'''',~ t= Z :;;; ,----~ ~ \\\ 40 BnckHouse,SlleofUSHotel 336 First Avenue West 1898
~ ~ =< C2 \\ ' 41 Delbow ResIdence 537 First Avenue East 1900
~ ~' ~ F=r=r=1~ I ~ n TT I \\ \ 42 IVinnieAndersonChildhoodHollle 324FIr,tAvenueWest 1900
:====; ~ ,I I I ~ \\ 43 Rein and Plekkenpol House 706 Fourth Avenue Ea:t \900"
~- ~ OJ] [[]I] IT[QPEE-LL~ ~ 44 Fleld3loneOutbUlldmg 504 Second Avenue I'. est 1900,
~ ~ I !i I [ill]] HH L ~ 45 ~lattDcutschHouse 134 Fourth Avenue East 1904
46 Ed Huber House 210 Holmes Street South 1905
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1_ T !;; f.- 47 Shakopee Depot 333 Second Avenue We't 1910
f- (/) L-- 48 Vlerlmg House 525 First Avenue East 1910
/1 1- ~ - \ 49 \Vampach'sRestaurant 126 First Avenue West 1910
~'/ f-- T :J = 50 Shakopee IVatertower. 162 Tenth Avenue West 1939
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~ ----- ~ :..u Ji 1- t ~ 53 Saint Mark's Parish House 338 Fourth Avenue East
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