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% ) ) 2$ 5$ ) 8 ) ) 75 # ) $ $ * ) ) 2$ 2),8 ---PAGE BREAK--- MISSOULA CONSOLIDATED PLANNING BOARD Missoula Historic Preservation Ordinance July 21, 2009 Agenda Item # 6 B I. RECOMMENDED MOTION THAT conflicting portions of the Missoula Municipal Code be repealed and the Historic Preservation Ordinance be approved. II. INTRODUCTION The people of Missoula recognize that our community contains irreplaceable Historic Resources that significantly enhance our sense of place and cultural heritage. Accordingly, the purpose of this historic preservation ordinance is to establish a uniform procedure for the identification, protection, enhancement, perpetuation, and use of Historic Resources within the City that reflect unique elements of the City's architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social and other heritage. Furthermore, these regulations and standards are established to: 1. Promote and safeguard the City's heritage; 2. Enhance the City's ability to visually convey its history; 3. Stimulate revitalization and enhance property values in the City; 4. Increase economic and financial benefits to the City and its inhabitants; 5. Attract tourists and visitors to the City; and 6. Promote civic and neighborhood pride and a sense of identity. The Missoula historic preservation program was created by the Missoula City Council in 1990. At the same time, the City Council created the Missoula Historic Preservation (Advisory) Commission. In the mid 1980s, the Missoula Redevelopment Agency funded a study of historic properties in the greater Missoula Downtown area. That survey produced the first inventory of historic structures, the basis for Missoula’s historic preservation program, and the creation of historic districts in the historic core of Missoula. As a result of this and other efforts, there are eight National Historic Districts and fifty four (54) individual sites listed in the National Register of Historic Places in the City of Missoula. The Downtown Missoula Historic District has been determined eligible for listing by the Keeper of the National Register of Historic Places and is awaiting final approval. The National Register of Historic Places is an inventory of the United States' historic resources and is maintained by the National Park Service. The inventory includes buildings, structures, landscapes, objects, sites, districts, and archeological resources. Missoula’s nine listed and eligible National Historic Districts are the Missoula StaffReport 2 ---PAGE BREAK--- Downtown District, East Pine Street District, Northside Railroad District, Lower Rattlesnake, University of Montana, University Area, Historic Southside, McCormick Neighborhood, and Fort Missoula. While these neighborhoods, and individual historic resources, are listed in the National Register of Historic Places, the National Register has no local regulatory authority. The Missoula Historic Preservation Commission has been working on several aspects of historic preservation zoning for the past 10 years or more. These efforts, and others, were the result of citizen interest and citizen requests from various historic neighborhoods in the historic core of Missoula. Those requests came initially from the residential historic districts on the south side of the Clark Fork River – the University Area, Southside and McCormick neighborhoods. Since then all of the historic district areas, Northside, Lower Rattlesnake, East Pine Street, Fort Missoula and Downtown, have expressed encouragement for this effort. One concern raised was that there are no zoning rules that protect the historic integrity of the historic neighborhoods and that ensure reinvestment in these neighborhoods will not be affected in a negative way by redevelopment in the neighborhoods that does not respect the historic pattern and character of those neighborhoods. Another concern was that the existing zoning would not allow rebuilding of historic structures without obtaining a zoning variance, since most historic resources in historic districts were built before any zoning existed on the properties. Initial efforts began by neighborhood citizens and members of the HPC looking at some specific neighborhoods, and working toward neighborhood standards for neighborhood overlays. As this discussion progressed, it was deemed necessary to develop standards on a city-wide basis, and the Land Use Clinic at the University of Montana Law School was engaged. The task for the clinic was two-fold: study the legal framework for historic preservation rules; and draft an ordinance that would be unique to Missoula and would be defensible. This was completed eighteen months ago, and the draft ordinance was presented to the PAZ Committee of the City Council in the summer of 2008. Committee members had a series of questions and some issues with roles and responsibilities. The HPC and staff have taken those issues seriously and believe we have responded to those concerns with appropriate revisions to the draft. The PAZ Committee recommended that the Planning Board hold a hearing on the draft ordinance. III.FINDINGS OF FACT : 1. Whether the zoning is compatible with the Comprehensive Plan 1. The Missoula County Growth Policy contains a section on historic and cultural resources. The growth policy and all of the supporting policy plans sub-area growth policies and neighborhood plans contain text and implementing strategies that support, and begin with, the following : StaffReport 3 ---PAGE BREAK--- Goa1 1. Accommodate growth, retain historical resources, and provide appropriate open spaces in the design of development so that areas of greater density remain healthy, safe, and livable. 2. The Missoula Urban Comprehensive Plan 1998 Update contains the following: Historic Preservation lends character and diversity to residential and commercial areas, enhances understanding and appreciation of local history and contributes to a sense of community. The Historic Preservation (Advisory) Commission and the position of Historic Preservation Officer were created in 1987 to increase public awareness of the community's historic structures and the benefits of preservation. Adaptive reuse of historic structures is encouraged to accommodate both change and preservation. Historic preservation is now an integral part of the planning process. 3. Neighborhood plans are also part of the Growth Policy. In particular, the “Historic Southside Neighborhood Plan” and the “Northside Westside Neighborhood Plan” are steeped in historic information about the neighborhoods, and are filled with preservation policies and action plans. “The Rattlesnake Valley Comprehensive Plan Amendment” discusses the historic Lower Rattlesnake neighborhood, and has as one of its goals protection of historic buildings. Another of its goals is to protect historic open space. 4. The Missoula Historic Preservation Plan was completed by William A. Babcock, with help from Allan Mathews, and adopted by the HPC in 1990. The following are excerpts from that plan. " In 1987 the Ad Hoc Committee of the city's Design Review Board, with the assistance of the State Historic Preservation Office and the Missoula Redevelopment Agency, prepared a historic preservation ordinance (No. 2585) which provided for the establishment of a city Historic Preservation Advisory Commission and the hiring of a Historic Preservation Officer to identify and protect cultural resources within the Missoula city limits, with the city functioning as a Certified Local Government eligible for federal funding of historic preservation activities. The effect of this effort to revitalize the downtown has been to raise the level of public consciousness about the value of historic preservation in the city as a whole. Nonetheless, threats to the survival of Missoula's historic resources remain. Some of these threats are common to all areas of town, but certain sections are faced with unique problems." 2. Whether the zoning will secure safety from fire, panic, and other dangers; AND StaffReport 4 ---PAGE BREAK--- 3. Whether the zoning will promote public health, public safety and the general welfare 1. Emergency services are available to the municipality. 2. The purpose of the proposed ordinance is to promote public health, public safety, and general welfare by promoting sustainable existing neighborhood development. 3. No new construction is required by this ordinance. New construction that requires a building permit will be subject to this ordinance, the International Existing Building Code and the Uniform Building and Uniform Fires Codes. 4. The City of Missoula currently serves the area with police and fire protection. Law enforcement personnel and procedures are available to address potential problems of noise, property damage, or personal injury. 4. Whether the zoning provides adequate light and air; AND 5. Whether the zoning will prevent overcrowding of the land; AND 6. Whether the zoning will avoid undue concentration of population 1. The underlying zoning of properties will remain and should provide for adequate light and air, prevent overcrowding of the land, and avoid undue concentration of population. 2. This ordinance should not adversely impact the provision of adequate light and air, or result in overcrowding of the land or undue concentration of population. 7. Whether the zoning facilitates the adequate provision of public services, including transportation, water, sewerage, schools, parks, and other public requirements; AND 8. Whether the zoning gives reasonable consideration to the effect on motorized and non-motorized transportation systems; AND 9. Whether the zoning will lessen congestion in the streets; AND 10. Whether the rezoning gives reasonable consideration to the promotion of compatible urban growth 1. The districts are currently developed with existing uses and no increase in traffic is anticipated. 2. The proposed ordinance will not adversely effect the adequate provision of public services, including transportation, water, sewerage, schools, parks, and other public requirements, as the area is inside the Urban Growth Area and the Sewer Service Area, and is served by public infrastructure. 3. This ordinance was developed for areas that are part of motorized and non-motorized transportation systems. Areas affected by this ordinance are located in Missoula’s historic core and Fort Missoula. 4. The enhancement of existing historic neighborhoods through this ordinance will promote compatible urban growth. 11. Whether the zoning gives reasonable consideration to the character of the district; AND StaffReport 5 ---PAGE BREAK--- 12. Whether the zoning gives consideration to the peculiar suitability of the district for the particular uses 1. This ordinance was developed directly from consideration of the character of the historic sites and districts. These historic districts are the result of cultural resource surveys and the preparation of National Register of Historic Places nominations for historic district status based on the unique character and integrity of the nine historic district neighborhoods and the individual historic resources. 2. No change in use is proposed with this ordinance. 13. Whether the zoning was adopted with a view toward conserving the value of the buildings 1. Conserving, enhancing and expanding existing buildings has the effect of conserving resources as well as the value of the existing buildings in these districts and sites. Real estate values in Missoula’s historic districts have historically increased in value, however there is not sufficient data to indicate that historic district status either increases or decreases property values. Conserving the embodied energy in existing buildings inherently conserves the value of existing buildings. Rehabilitation costs are roughly the same as new construction. Considerate, context based design of new construction may conserve or enhance the value of affected and adjacent properties as well. 2. For historic property owners, federal and state tax advantages are available for sensitive, historic rehabilitation. 14. Whether the zoning will encourage the most appropriate use of land throughout the municipality / jurisdictional area 1. The ordinance should have the effect of retaining and sustaining the historic continuity of use and economy in the community, and therefore will encourage the most appropriate use of land in the historic core of Missoula, around Fort Missoula, and in affected neighborhoods throughout the municipality. IV. AGENCY COMMENT MUTD: No comment at time of distribution of this report CITY ENGINEERING: See attached Notes (Kevin Slovarp, City Engineer) HEALTH DEPARTMENT – No comment at time of distribution of this report WATER QUALITY DIVISION: HEALTH DEPARTMENT – No comment at time of distribution of this report AIR QUALITY DIVISION: HEALTH DEPARTMENT – No comment at time of distribution of this report StaffReport 6 ---PAGE BREAK--- SANITARIAN: BICYCLE PEDESTRIAN COORDINATOR: I’ve read over the proposed Historic Preservation Ordinance and have no comments. In general, it seems clean and clear and properly focused. (Phil Smith) OPG PERMITS: No comment received prior to issuance of staff report. OPG TRANSPORTATION: OPG Transportation Planning Division staff has no comment on the proposed ordinance other than best wishes for its successful passage. (Dave Prescott) BUILDING INSPECTION: “No comment” (Don Verrue, Building Division) POLICE DEPARTMENT: “Police have no concerns.” (Mark Muir, City Police) PARKS & RECREATION: No comment at time of distribution of this report FIRE DEPARTMENT: “No adverse comments”(Robert F. Rajala) URBAN INITIATIVES: See attached notes CITY ATTORNEY: No comment at time of distribution of this report OFFICE OF NEIGHBORHOODS No comment at time of distribution of this report V. ATTACHMENTS A. Ordinance B. Map and List C. Agency Comments (See above) D. Public Comments (Available at the Office of Planning & Grants) E. Secretary of Interior’s Standards for Rehabilitation StaffReport 7