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HomeMy WebLinkAbout10 06 08_Finally adopt Ordinance No_ 1744, Report compiled on October 1, 2008 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Second Reading of Ordinance 1744 MEETING DATE: Monday, October 6, 2008 RECOMMENDATION: Approve the second reading of Ordinance 1744 establishing procedures and standards for requests for tax abatement for historic preservation. BACKGROUND: The City of Bozeman has had a policy to allow tax abatements to support expansion and rehabilitation of historic properties. The policy has been an implementation of specific statutory authority for a local government to make such abatement from Section 15-25- 1601, MCA. The policy has been used very infrequently in the past. However, several requests have been received recently. During review of those requests the Staff and City Commission concluded that additional refinement of the process and development of specific standards was necessary. Commission directed that the Staff and Historic Preservation Advisory Board bring an ordinance to the Commission to accomplish these changes. The City’s historic preservation program relies upon the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, 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., as a baseline set of standards. Local refinement of the standards has also been created through the Design Guidelines for the Neighborhood Conservation Overlay District. Both documents are established as standards by Chapter 18.28, BMC. The Historic Preservation Advisory Board relied upon the adopted standards as a beginning point for consideration. They recognized that minimal compliance is required by all projects regardless of whether they seek tax abatement. As tax abatement is a direct financial contribution to historic preservation and rehabilitation they identified that superior compliance was necessary to qualify for tax abatement. Specific standards for qualifying are identified in the ordinance. The City Commission approved the first reading of the ordinance on September 15, 2008. Some minor wording changes were made to the second reading draft in Sections 3.30.0030.B, 3.30.040.E, and 3.30.050.B to clarify procedures and internal references. Revisions to formatting to facilitate future codification were made at suggestion of legal counsel. No changes were made to the substance of the ordinance. UNRESOLVED ISSUES: None. FISCAL EFFECTS: The new ordinance will have a very minor short term impact by delaying immediate receipt of increased taxable values. However, by encouraging rehabilitation and preservation longer term values of properties will increase and therefore additional revenues will 57 Report compiled on October 1, 2008 Commission Memorandum come to the City. As participation in the program is voluntary it is difficult to estimate exact impacts on a program basis. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net if you have questions prior to the public meeting on October 6th. Respectfully submitted, Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Second Reading text of Ordinance 1744 58 Page 1 of 10 - 1 - ORDINANCE NO. 1744 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 30 IN TITLE 3 TO PROVIDE FOR STANDARDS FOR TAX CREDITS FOR HISTORIC PRESERVATION AND IMPLEMENTING THE TAX ABATEMENT AUTHORIZED BY SECTION15-24-1601 MONTANA CODE ANNOTATED ET SEQ. FOR HISTORIC RESIDENTIAL AND COMMERCIAL PROPERTIES UNDERGOING REHABILITATION, RESTORATION, EXPANSION OR NEW CONSTRUCTION MEETING THE CRITERIA ESTABLISHED BY SECTION 15-24-1605 AND/OR SECTION l5-24-1606. WHEREAS, the built environment of a community provides a history of the community and is an indispensible component of the community’s sense of place and character; and WHEREAS, preservation, restoration, and rehabilitation of existing structures recognizes the embodied energy in them and reduces actions identified as negatively effecting climate change; and WHEREAS, the City of Bozeman has adopted a growth policy identifying historic preservation as an important community character and economic development policy; and WHEREAS, the City has conducted an inventory of historic structures in the Neighborhood Conservation Overlay District which survey indicated that not all structures are of equal historic value; and WHEREAS, the City has already established a Certificate of Appropriateness review procedure for structures in the Neighborhood Conservation Overlay District; and WHEREAS, Chapter 424 of the laws of 1989 of the State of Montana, as codified by Section15-24-1601 et seq. Montana Code Annotated (MCA), authorized the governing body of each city or county to confer the tax benefits described by SectionlS-24-1603 MCA to qualifying historic commercial or residential properties by resolution establishing the process for the use of 59 Page 2 of 10 - 2 - the tax abatement provisions described therein; and WHEREAS, the City Commission has determined that it is in the public's interest to encourage the rehabilitation, restoration or expansion of certified historic, commercial and residential properties or new construction that meets design review criteria compatible with an historic district by conferring said tax benefits on improvements from those restorations, rehabilitations, expansions or new constructions involving certified historic properties and districts. NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION: Section 1 That Chapter 3.30, Tax Abatement Certificate of Appropriateness, be added to the Bozeman Municipal Code so that the Chapter shall read as follows: 3.30.010 Intent. The intent and purpose of the Tax Abatement Certificate of Appropriateness is to encourage the appropriate rehabilitation, restoration, and preservation of historic properties which otherwise would not have been so carefully preserved. It is recognized that a grant of tax abatement is a discretionary act by the City Commission. Tax abatement is to reward extraordinary efforts in preservation and not minimal compliance with mandatory standards. 3.30.020 Authority Pursuant to Section15-24-1601 through Section15-24-1608 MCA, the City Commission by this . 60 Page 3 of 10 - 3 - ordinance approves the tax benefits as set forth in said statutes for those improvements made by restoration, rehabilitation, or expansion of certified historic commercial or residential properties or qualifying new construction within an historic district which meets the design criteria during the construction period, which is not to exceed twelve (12) months and five (5) years following completion of said construction, in those situations where such improvements preserve certified historic commercial or residential properties, or encourage appropriate new construction meeting the design criteria to be architecturally compatible within the historic districts. A. The tax abatement is limited to one hundred percent (100%) of the increase in taxable value caused by the rehabilitation, restoration, expansion or new construction and applies to only those properties which do not receive any other tax exemption or special evaluation provided by Montana Law during the period of abatement. 3.30.030 Definitions. A. "Construction period" as used herein shall mean a period of time from the date of issuance of the required building permit until the project is substantially completed or a period of twelve (12) months from the date of issuance of said building permit whichever period is shorter. B. “Qualifying new construction” as used herein shall mean construction which satisfies the requirements of Section 3.30.050.C, BMC. 3.30.040 Procedures The owner of the property must comply with the provisions and standards of Sections 3.30.040, . 61 Page 4 of 10 - 4 - 3.30.050, and Chapter 18.28, BMC in order to be considered for tax abatement. Failure to demonstrate successful compliance with the requirements disqualifies a property from being awarded Tax Abatement, but does not prohibit development with a Certificate of Appropriateness otherwise approved under Chapter 18.28, BMC: A. The owner of the property is solely responsible for supplying to the Bozeman Historic Preservation Advisory Commission and the City Commission all information and documents necessary to evaluate the project. If sufficient information and documentation is not supplied by the owner for consideration to make an informed decision, the application will be denied. B. The Bozeman City Commission hereby designates the Bozeman Historic Preservation Advisory Board as its local review board and hereby directs said board to establish an application and review process to certify eligible properties as specified in Section15-24- 1604 Montana Code Annotated and which must include, but is not limited to, the design review criteria based on the Secretary of Interior's Standards for Rehabilitation of Historic Properties or other standards approved by the State Historic Preservation Office. The established review process shall be integrated with the Certificate of Appropriateness review authorized in Chapter 18.28, BMC. C. The local review board shall recommend approval or denial of any application for the tax abatement and report its recommendation to the City Commission which shall then either approve or deny said recommendation by Resolution. D. All taxes, assessments and SID obligations on any property proposed for tax abatement must be current before any tax abatement will be considered. 62 Page 5 of 10 - 5 - E. Following certification, and during the period of tax abatement, if the property is altered in any way that adversely affects those elements that qualify it as historically contributing; the property must be disqualified from receiving the tax abatement. If the historic property which has received a tax abatement under this part is disqualified, the owner is liable for back taxes, interest and a penalty. These costs must be extended against the property in the next general real property tax roll, to be collected and distributed in the same manner as the currently assessed real property tax. The back taxes, interest and penalty must equal the sum of the following: 1. The difference in the total real property taxes due during the years the tax abatement was in effect and the total of real property taxes which would have been due had the special assessments not been in effect for those years; 2. Interest on the amount calculated in subsection 3.30.020.A, BMC at the rate for delinquent property taxes provided for in Section15-16-102 MCA; plus 3. A penalty of 15% on the sum of subsection 3.30.020.A, BMC. Back taxes, interest or penalty may not be imposed on a property transferred to an ownership that makes the property exempt from property taxation or if the property is destroyed by fire or force majure. 3.30.050 Standards 1. The property is individually listed on the National Register of Historic Places (NRHP). . To be approved as a Tax Abatement COA the following requirements shall be met: A. The property must meet one or more of the following criteria 63 Page 6 of 10 - 6 - 2. The property is at least 50 years of age and located in an established NRHP historic district. 3. The property is determined by a qualified professional to be eligible for individual listing in the NRHP. If this criterion is selected, the applicant must complete the necessary steps to list the property on the NRHP prior to the final approval of any abatement. B. Alterations to the properties or structures without City approval and consistent with the requirements of this Chapter nullifies the tax abatement qualification. C. All Standard COA requirements per 18.28, BMC, or its successors, apply as well these further Tax Abatement COA Requirements: 1. Additions to existing structures: a. Additions which increase the size of the footprint are limited to no more than a 10 percent increase of the structure’s footprint b. Additions must not exceed the height of the existing roofline c. Additions are limited to secondary facades and evaluated in the context of the façade on which the addition is applied d. Due to the limited size of the addition, no specific similarity or differentiation of material is required as referenced in Secretary of the Interior Standards 9 & 10. 2. Roof: a. Shape and material of the existing roof must be preserved unless it can be 64 Page 7 of 10 - 7 - demonstrated that a different material is more historically appropriate for the structure. b. Dormers will be considered on a case by case basis and must meet the Secretary of the Interior’s Standards and UDO standards for dormers. Dormers shall be limited to not more than ½ the length of the existing roofline. (1) If new dormers are added they must match existing historic dormers in shape, style and materials. 3. Materials: a. Windows: Window matching is fundamental to the historic integrity of the building (1) Rehabilitation of viable windows is required through repair, restoration and reconstruction. (2) Window replacement requires a professional assessment of the existing windows. (3) Window replacement must be historically appropriate and match historic materials. (4) If storm windows are applied they shall be historically appropriate. b. Siding: (1) If historic siding is intact it shall be preserved and restored. 65 Page 8 of 10 - 8 - (2) If historic siding is missing, new siding should follow the Department of the Interior’s guidelines for reconstruction. c. Foundation: (1) Repair and stabilization of existing foundation materials is encouraged and a primary goal. (2) Foundation replacement is allowed to the extent that the overall height increase of the house does not exceed eighteen inches. (3) Foundation replacement requires a professional assessment of the existing foundation. (4) If replaced, the exterior of the new foundation shall match the historic foundation in appearance. d. Roof: (1) If historic roof material is intact it shall be preserved and restored (2) If historic roof material is missing, the new roof should follow the Department of the Interior’s guidelines for restoration 4. Accessory Building: the same parameters apply to accessory buildings as for primary structures on the property. Demolition of viable accessory buildings within five years of receiving the tax abatement nullifies tax benefits. 66 Page 9 of 10 - 9 - Section 2 Repealer. Commission Resolution 2766 and all other resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 4 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 5 Effective Date. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15 This ordinance shall be in full force and effect on the 6th day of November, 2008. th KAAREN JACOBSON day of September 2008. ___________________________________ Mayor 67 Page 10 of 10 - 10 - ATTEST: _____________________________________ STACY ULMEN City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th KAAREN JACOBSON day of October 2008. __________________________________ Mayor ATTEST: _____________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: ___________________________________ TIM COOPER Assistant City Attorney 68