Loading...
HomeMy WebLinkAbout17399 HPAB memo re 4B 9-12-17 MEMORANDUM TO: HISTORIC PRESERVATION ADVISORY BOARD FROM: CHRIS SAUNDERS RE: APPLICATION 17399, Proposal to Affirm and Readopt Resolution 4598 (Adoption of Subchapter 4B to the Design Guidelines for the Neighborhood Conservation Overlay District for the B-3 Halo) Design Guidelines DATE: SEPTEMBER 1, 2017 Project Description and Summary: A proposal to affirm and readopt Resolution 4598, as amended by Resolution 4623, which added Subchapter 4B (design guidelines for commercial development within the neighborhood conservation overlay district, specifically the B-3 “halo”) into the Design Guidelines for the Neighborhood Conservation Overlay District. The Commission adopted Resolution 4598 on May 18, 2015 amending the design guidelines for the Neighborhood Conservation Overlay District (NCOD) (the “Design Guidelines”). Resolution 4598 added a new Subchapter 4B into the Design Guidelines. The Commission has directed an ordinance be prepared affirming and readopting Subchapter 4B into the Design Guidelines be presented to the Zoning Commission, Historic Preservation Advisory Board, and the Design Review Board to consider affirming and readopting of the inclusion of Subchapter 4B into the Design Guidelines. The Historic Preservation Advisory Board has the powers and duties established in 2.05.930, Bozeman Municipal Code which reads in part: Sec. 2.05.930. - Powers and duties. A. The historic preservation advisory board shall have the powers and duties to: 3. Review and comment on: a. Planning and zoning programs undertaken by the city, state and federal agencies which relate to historic resources. This review and comment shall be scheduled and occur within time lines established for whatever action is being taken; c. Make recommendations to the appropriate advisory body or decision- making body concerning any changes or modifications to the zoning Page 2 of 7 regulations and zoning district boundaries. Transmittal of comments shall be through the historic preservation officer; The purpose of the HPAB review is to provide an opportunity for the Board to comment on the proposal and whether they believe the proposal advances the criteria of 38.16.050.A-C. The proposal for affirmation and readoption is for the document as amended by Resolution 4623 which revised the subsection A.4 transition language. A copy of both resolutions and associated text is attached. Suggested motion language: Having reviewed and considered the proposal, public comment, and all the information presented, I move to recommend the City Commission affirm and readopt Resolution 4598 which adopted Subchapter 4B (design guidelines for commercial development within the neighborhood conservation overlay district, specifically the B-3 “halo”) (including the amendments incorporated into Subchapter 4B by Resolution 4623 regarding an exemption from the step back and height transition policies if abutting commercially zoned and a residentially zoned lots are under unified ownership and are being developed under a master site plan) into the Design Guidelines for the Neighborhood Conservation Overlay District. Project Location: The proposal applies within the B-3 zoning district but outside of the Main Street Historic District. The B-3 district is generally between Olive Street and Lamme Street on the south and north and between N. 5th Avenue and Broadway on the west and east and is specifically designated on the City’s official zoning map. The image below shows the relationship between the existing B-3 boundary and the various historic districts. Page 3 of 7 The scope of the 4B applicability is described in the introduction on page 1 of the document. Background Information The intent of the NCOD is: Sec. 38.16.010. - Intent and purpose. A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the Page 4 of 7 conservation district, or demolition of structures by any means or process will be subject to design review unless specifically exempted. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. B. This article defines and sets forth standards which apply to the conservation district. C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this chapter. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this article, in accordance with article 35 of this chapter. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, the construction, development pattern and range of uses is highly diverse and may not be in compliance with conventional regulatory requirements. This article recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this article shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places, and includes the nine designated historic districts and 40 individual landmarks. This article sets forth the means of protecting and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of citizens of the city. It will be the policy and responsibility of the administrative entities of this article to: 1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and areas that: Page 5 of 7 a. Are reminders of past eras, events or persons important in local, state or national history; b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; c. Are unique or irreplaceable assets to the city and its neighborhoods; d. Provide examples of physical surroundings in which past generations lived; or e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to, lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas and subsections thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this chapter, with the exception of certain sketch plan applications with potentially little neighborhood impact, and to further provide aggrieved persons with the right to appeal review decisions made under the provisions of this article, in accordance with article 35 of this chapter. G. It is further the purpose of this article to protect historic structures and sites as defined in sections 38.42.1365 and 38.42.1370 by requiring any person seeking to demolish or move a historic structure or site to comply with section 38.19.080 whether or not the structure is located within the NCOD. The proposed guidelines are to implement the adopted design standards of 38.16.050, which reads: Sec. 38.16.050. - Standards for certificates of appropriateness. A. All work performed in completion of an approved certificate of appropriateness shall be in conformance with the most recent edition of the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Page 6 of 7 Rehabilitating, Restoring and Reconstructing Historic Buildings (published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the planning department). B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures, or properties and with neighboring structures and properties, shall focus upon the following: 1. Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; 7. Architectural details; 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and 9. Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. D. When applying the standards of subsections A through C of this section, the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference. Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design of new structures or addition to existing structure, the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures. E. Conformance with other applicable development standards of this chapter. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2. Page 7 of 7 Secretary of the Interior standards The Secretary of the Interior standards referenced in 38.16.010.A are available on line at https://www.nps.gov/tps/standards/treatment-guidelines-2017.pdf. The guidelines are 252 pages long and were most recent updated in 2017. They replace the prior versions from 1978, 1983, and 1995. The standards address four different type of preservation activities: Preservation, Rehabilitation, Restoration, and Reconstruction. Page 2 of the introduction describes the differences between these four actions. The City has created a definition for what compatible development means. “Sec. 38.42.670. - Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and nonmotorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.”