City Council Meeting Date: May 3, 2022
To: Mayor and City Council
City Administrator
From: Revee Needham, Assistant City Planner
Title
Review and Discuss Land Development Code provisions related to the Heritage Preservation Commission.
Body
Action Requested:
The Northfield City Council is asked to review and discuss LDC amendment options.
Summary Report:
Based on previous discussions, Council gave direction to further explore potential language amendments to the Land Development Code (LDC) regarding the need for a Certificate of Appropriateness (COA) on a public property within the Historic District. A Council work session was held on April 12, 2022 with some Heritage Preservation Commission members. A link to the work session is attached. At this meeting, Council gave direction to research how other cities handle COAs and to explore changing the HPC appeals process. Staff presented the information to the Heritage Preservation Commission (HPC) and Planning Commission (PC).
Research of Peer Cities
Staff reviewed 7 peer cities’ after direction from Council. These cities included: Albert Lea, Carver, Chaska, Faribault, Hastings, Red Wing, and Stillwater. All 7 of the peer cities have the appeal of HPC decisions go to Council. 6 of the 7 cities answered staff inquiries and responded that the City owns property within the Historic District and has received a COA before. Select language excerpts and links to the cities’ codes can be found in the attachment.
|
City |
Who to Appeal HPC decision to? |
Does City own land in Historic District? |
Has City received COA before? |
|
Albert Lea |
Council |
Yes |
Yes |
|
Carver |
Council |
Yes |
Yes |
|
Chaska |
Council |
|
|
|
Faribault |
Council |
Yes |
Yes |
|
Hastings |
Council |
Yes |
Yes |
|
Red Wing |
Council |
Yes |
Yes |
|
Stillwater |
Council |
Yes |
Yes |
In addition to peer cities, staff reviewed the sample ordinance available from the Minnesota State Historic Preservation Office (SHPO). A link to this ordinance is attached to the staff report. In this ordinance, the appeals body of HPC decisions is Council.
Heritage Preservation Commission Discussion
On April 14, 2022, the Heritage Preservation Commission discussed this item. The HPC motioned to direct staff to craft ordinance language that: 1) requires a COA for public and private properties, 2) with some exemptions for emergency repairs, and 3) to change the appeal process from the Zoning Board of Appeals to the City Council for HPC decisions. A link to watch the meeting is included as an attachment.
Planning Commission Discussion
On April 21, 2022, the Planning Commission discussed this item. The PC motioned to direct staff to craft ordinance language that: 1) does not exempt the City from the LDC generally, 2) requires a COA for public and private properties, 3) with some exemptions for emergency repairs (and that exterior changes of any kind require a COA), and to 4) keep the Zoning Board of Appeals (ZBA) as the appeals body for HPC decisions. A link to watch the meeting is included as an attachment.
Potential Changes
At the HPC and PC meetings staff provided draft ordinance options. After discussing with those groups, staff found it best to review the issues individually rather than evaluate exact wording. After further direction from Council, staff will draft language and bring options forward.
• Certificate of Appropriateness
Current LDC language states “Unless otherwise exempted in Section 7.8.3, Exemptions, in the H-O district no zoning certificate or building permit for construction, exterior alteration or rehabilitation, moving, or demolition of a building or structure on a heritage preservation site shall be issued until the project has been submitted to, and received approval of a certificate of appropriateness from the heritage preservation commission.”
o HPC recommended requiring COAs on public projects.
o PC recommended requiring COAs on public projects.
o Most peer cities require COAs on public properties.
• Exemptions
While a COA is required for the instances described above, there are some exemptions when a COA is not required. Current LDC language states “Building permits for work (electrical, interior structural, etc.) on the interior of the structure shall be exempt from the provisions of this section provided that the work for which the building permit is requested will not alter the external appearance or the gross floor area of the structure.”
o HPC recommended allowing some emergency repair exemptions.
o PC recommended allowing some emergency repair and demolition of unsafe buildings per State Statute exemptions.
o Many peer cities have exemption language to allow for emergency repairs without first receiving a COA.
• Appeal Process
Current LDC language states that “Appeals of the heritage preservation commission's decision may be made to the zoning board of appeals in accordance with this LDC and state law.”
o HPC recommended changing the appeals body to the City Council.
o PC recommended keeping the appeals body as the ZBA.
o All 7 peer cities have the City Council as the appeals body.
Staff are asking for direction on the Council’s preference for the above issues and any other suggestions. After discussion, language will be drafted and reviewed by the HPC, PC, and return to the City Council.
Staff Recommendation:
At this time, staff recommends 1) COA’s be required for public and private properties, 2) with some exemptions for emergency repairs and demolition of unsafe buildings per State Statute exemptions, 3) and to change the appeal process from the Zoning Board of Appeals to the City Council for HPC decisions.
Staff is looking at other minor amendments such as updating “State Historical Society” to “State Historic Preservation Office” and adjusting language to provide more clarity.
Alternative Options:
Council could provide different options for LDC amendment options.
Financial Impacts:
N/A
Tentative Timelines:
ü 4/12/22 Initial Council Discussion
ü 4/14/22 Heritage Preservation Commission Review of Options and Discussion
ü 4/21/22 Planning Commission Review of Options and Discussion
5/3/22 Council Discussion of Options
5/14/22 Heritage Preservation Commission Review of Proposed LDC Amendment
5/19/22 Planning Commission Review of Proposed LDC Amendment
6/16/22 Public Hearing of Amendment at Planning Commission
7/19/22 City Council: First Reading of Ordinance Amendment
8/2/22 City Council: Second Reading of Ordinance Amendment
8/10/22 Newspaper Publication
9/10/22 Ordinance Takes Effect