Full Text
City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat Annexation and Zoning Item: Planning Board Amended Draft Historic Preservation Ordinance Date: September 25, 2009 Prepared by: Philip Maechling, OPG, Historic Preservation Commission Initiated by: Philip Maechling Action Required: Schedule a public hearing for the revised draft historic preservation ordinance, as recommended by the Missoula Consolidated Planning Board. Recommended Motion: Move that the draft historic preservation ordinance be scheduled for a public hearing on October 26, 2009 by the Missoula City Council. Timeline: Referral to committee: September 25, 2009 Committee discussion: September 30, 2009 Council acts to set hearing: October 5, 2009 Public Hearing: October 26, 2009 (Tentative) Deadline: None specified by codes Summary of the Ordinance: The historic preservation ordinance defines Missoula’s historic resources and establishes an approval process for projects that require zoning compliance and that affect Missoula’s acknowledged historic resources. 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. ---PAGE BREAK--- 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 for historic preservation rules; and draft an historic preservation ordinance that would be unique to Missoula, and that would be defensible. This was completed twenty-one months ago, and the draft ordinance was presented to the PAZ Committee in the summer of 2008, and again in 2009. The Missoula Consolidated Planning Board held a public hearing on the revised draft ordinance. The Planning Board voted to recommend the ordinance to the City Council for approval on August 18, 2009 Committee members and Planning Board 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 respectfully request that the PAZ Committee schedule a hearing on the draft ordinance, based on the Planning Board’s recommendation, on October 26th, 2009, or at a date acceptable to the City Council. . Financial Implications: No cost to the City. Attachments: Draft Historic Preservation Ordinance MCPB Minutes July 21, 2009 MCPB Minutes August 18, 2009 Staff Report