Meeting Date: April 21, 2022
To: Members of the Planning Commission
From: Ben Martig, City Administrator
Title
Review and Discuss Land Development Code provisions related to City buildings and facilities including initial potential amendments for clarification.
Body
Action Requested:
The Planning Commission will review and discuss Land Development Code provisions related to City buildings and facilities including initial potential amendments for clarification.
Summary Report:
During the Heritage Preservation Commission (HPC) review of the proposed Bridge Square changes, questions arose about the review process and if there was the need for a Certificate of Appropriateness (COA) under the Land Development Code (LDC). The letter from the HPC is attached to explain their viewpoint and three Commission members will be present for the discussion.
Under LDC 8.5.8, a Certificate of Appropriateness is required, "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."
Land Development Code (LDC) Section 7.8.3 Exemptions reads: "(A) The city and other government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this LDC to the extent permitted in state and federal law. (B) The city and other governmental agencies that are exempt from the regulations of this LDC, in whole or in part, are encouraged to meet the requirements of this LDC to the maximum extent possible."
Staff, including the City Attorney, have interpreted this to mean that the City is not required to receive a Certificate of Appropriateness from the HPC. Furthermore...
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