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ITEM 5
City Council Memorandum Development Services Memo No.
23-014
Date:
May 25, 2023
To:
Mayor and Council
Thru:
Joshua H. Wright, City Manager
Andy Bass, Deputy City Manager
From:
Subject:
PLH23-0010 Historic Preservation Code Amendments, Ordinance No. 5051
Proposed Motion:
Move City Council adopt Ordinance No. 5051 approving PLH23-0010 Historic Preservation Code Amendments related to terms of Historic Preservation Commission members, regulations for the creation of historic preservation districts, and application of design guidelines for historic preservation districts, as recommended by the Planning and Zoning Commission and the Historic Preservation Commission.
Background:
In the Fall of 2020, the City Council adopted Ordinance No. 4936, which established the City's Historic Preservation Program. The program includes four levels of designation: Heritage Site, Historic Conservation District, Historic Preservation District, and Landmark. In order to create a Historic Preservation District or Landmark, at least 90% of the property owners within the proposed district must agree to inclusion and to abide by the regulations therein by signing a waiver. Property owners within the district that do not sign the waiver are not required to abide by the rules of the district, but can annex into the district later.
When the Ordinance was adopted, it created the Historic Preservation Commission (reconstituted from the former Architectural Review Committee) and expanded the number of commissioners from five to seven. The original appointment/reappointment language was retained, which specified no more than two commission terms would conclude in any given year. The expansion to a seven-member commission requires an increase in the number of terms concluding in a given year.
Development Services staff is proposing a set of code amendments to address the items noted above and specific items listed below.
Discussion:
Proposed Code Amendments:
Expands the number of Commission member terms concluding in any given year from two to five.
Adds a definition for General Design Guidelines and edits the City Code accordingly.
Provides for the appointment of staff as Assistant Historic Preservation Officers at the discretion of the City Manager.
Allows the Historic Preservation Officer to require documentation from applicants of Heritage Sites or Historic Conservation Districts that indicates property owner consent to be included in that district.
Reduces the 90% threshold for designation of Historic Preservation Districts and Landmarks to 60%.
Requires additions, accessory structures, walls and fences to conform to the City's design standards, but allows for use of historic materials and architectural differentiation specific to the (primary) historic structures.
Review:
Since the program was created, Development Services staff has worked with representatives of several neighborhoods who are interested in creating Historic Preservation Districts. Many property owners in these neighborhoods are willing to execute a waiver and create the district, but reaching the 90% threshold has proven difficult to achieve. None have been able to get close to that percentage. Before voter approval of Proposition 207 in 2006, in some municipalities about 60% of property owners was considered an adequate threshold to establish a preservation district. The passage of Proposition 207 created concerns in some municipalities that designation of historic districts could generate litigation without the written consent of 100% of the property owners. When Chandler established its historic preservation program with a 90% threshold, it was thought that bar was achievable for neighborhoods working toward designation. After review and analysis, staff recommends the reduction of the 90% requirement to 60%. This change is to increase the ability of property owners to obtain sufficient consent to create a Historic Preservation District. Protections for property owners not consenting to be in a district already exist in the City Code and will remain.
Development Services staff have reviewed the City Code and also recommend the other amendments in Ordinance No. 5051. The number of Commission member terms concluding in a year is proposed to be modified to align with the current seven-member commission. Further, the current City Code has no provision to document property owner consent to be included in a Heritage Site or Historic Conservation District, so a provision is added to correct this deficiency. Language has also been added so accessory structures and additions conform to standard historic practice and design standards and guidelines from the National Park Service. Language to allow the City Manager to appoint assistant historic preservation officers and to include general design standards for historic preservation districts and properties is likewise included in the proposed ordinance.
Planning and Zoning Commission Vote Report:
Planning and Zoning Commission April 19, 2023
Motion to Approve
In Favor: 7 Opposed: 0
Historic Preservation Commission Vote Report:
Historic Preservation Commission meeting April 12, 2023
Motion to Approve
In Favor: 7 Opposed: 0
During the Historic Preservation Commission meeting, the Commission and staff discussed the proposal in the ordinance that reduced the threshold of contributing properties opting into a Historic Preservation District from 90% to 60%. The discussion centered on the merits of the reduction and how it could affect historic districts. After discussion, the Commission unanimously recommended Ordinance No. 5051.
This ordinance was introduced and tentatively adopted on May 11, 2023.
Attachments
Ordinance 5051
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