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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat Annexation and Zoning Item: Draft Historic Preservation Ordinance Date: June 10, 2009 Prepared by: Philip Maechling, Historic Preservation Commission, Land Use Clinic, UM Law School Initiated by: Philip Maechling Action Required: Referral of the draft Historic Preservation Ordinance to the Missoula Consolidated Planning Board for its review and recommendation to the City Council as an amendment to the Zoning Ordinance. Recommended Motion: Move that the draft Historic Preservation Ordinance be referred to the Missoula Consolidated Planning Board for a public hearing, review and recommendation by the Planning Board to the City Council. Timeline: Referral to committee: June 5, 2009 Committee discussion: June 10, 2009 Council acts to set hearing: June 10, 2009 Public Hearing: TBD Deadline: None Background and Alternatives Explored: 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. While these neighborhoods, and individual structures, are listed in the National Register of Historic Places, the National Register has no regulatory authority for local zoning. One concern raised was that there are no zoning rules that protect the historic integrity of the historic neighborhoods, and that ensure that 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 getting a zoning variance, since most buildings in historic districts were built without any zoning. Initial efforts began by looking at some specific neighborhoods, and working toward neighborhood standards for neighborhood overlays. As this discussion progressed, it was deemed necessary to develop a city-wide basis for these local standards, 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 ---PAGE BREAK--- for historic preservation rules; and draft an ordinance that would be unique to Missoula, and that would be defensible. This was completed eighteen months ago, and the draft ordinance was presented to the PAZ Committee in the summer of 2008. Committee members had a series of questions, and some issues with roles and responsibilities. We have taken those issues seriously, and believe we have responded to those concerns with appropriate revisions to the draft. We know that this is not the final draft, and would respectfully request that the PAZ Committee recommend that the Planning Board hold a hearing on the draft ordinance at the convenience of the Planning Board’s schedule. Financial Implications: No cost to the City. Attachments: Draft Historic Preservation Ordinance