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5.7 - 5.10 ,k/ ITEM I'S 5.7. - 5.10. ( Memorandum aply of �� River TO: PLANNING COMMISSION FROM: STEPHEN ROHLF, BUILDING & ZONING ADMINISTRATOR DATE: JUNE 22, 1999 SUBJECT: ORDINANCE AMENDMENTS CREATING A HERTITAGE PRESERVATION COMMISSION AND OVERLAY ZONING DISTRICT (Case #s OA 99-6, 99-7, 99-8, & 99-9) As per the Planning Commission's direction from the May, 1999 meeting, staff has made the following revisions to the ordinance amendments needed to establish a Heritage Preservation Commission and Overlay Zoning District: Section 215 - "Heritage Preservation Commission" - 215.04 - Membership and Terms • • Persons demonstrating interested"or" expertise in historic preservation may be on the Heritage Preservation Commission. "And"has been replaced by "or" in this sentence. 215.06 - Powers and Duties • The actions of the Heritage Preservation Commission regarding each duty has been clarified. • "Make recommendation that an area, building, district or object be designated a Heritage Preservation Site"has been added. • "Review and make recommendation relative to requests for Heritage Preservation Site Alteration Permits" has been added. Section 908 - "Definitions" • Reference to "designating" a Heritage Preservation Site has been revised to refer to "zoning a site to Heritage Preservation Overlay Zoning District". Section 910 - "Establishment of Districts" • No change. 411 s:\b&z\Stever\camascup.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425 . Section 912 - "Permitted,Accessory, and Conditional Uses by District" Section 912.21.E. - Review of Permit • Reference to "change of color"has been deleted. • "Move from or to any building"has been deleted. • Planning Commission review of Heritage Preservation Site Alteration Permits has been eliminated. • This section has been modified to eliminate the Heritage Preservation Commission's recommendation on a Heritage Preservation Site Alteration Permit, if it will delay the City Council from acting on it within 60 days. Section 912.21. H - "Recording of Preservation Sites" • This section has been eliminated. All of the changes proposed by the Planning Commission and City Attorney have been incorporated into the attached ordinance amendments. Staff recommends approval of these ordinances to establish a Heritage Preservation Commission for the City of Elk River. • • s:\b&z\stever\camascup.doc 110ORDINANCE NO. 99 - AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ELK RIVER CODE OF ORDINANCES ENTITLED "THE COUNCIL" BY ADDING SECTION 215 ESTABLISHING A HERITAGE PRESERVATION COMMISSION Section 1. Chapter 2 of the City Elk River Code of Ordinances Entitled, "The Council" be amended by adding Section 215.00 - Heritage Preservation Commission, which shall read as follows: SECTION 215 - HERITAGE PRESERVATION COMMISSION 215.00 - ESTABLISHMENT OF HERITAGE PRESERVATION COMMISSION A Heritage Preservation Commission for the City of Elk River is hereby established. This Heritage Preservation Commission is established pursuant to the authority given by Minnesota Statutes, Section 471 . 193 . • 215.02 - PURPOSE OF COMMISSION The Heritage Preservation Commission is established to review and make recommendations to the City Council on issues pertaining to the historical, archaeological, engineering, and cultural heritage of the City of Elk River. The Commission shall participate in the preservation and acquisition of Elk River' s heritage and historical sites . 215.04 - MEMBERSHIP AND TERMS The Heritage Preservation Commission shall consist of seven (7) members appointed by the City Council as follows : two members whose terms expire the last day of February 2000; two members whose terms expire the last day of February 2001; and three members whose terms expire the last day of February 2002 . Thereafter, each member shall be appointed at the first regular Council meeting in March for terms of three (3) years. The last day for the term of office of each member shall be the last day of February, however, all members may continue service until either re-appointed or replaced by the City Council. A vacancy shall be filled by the City Council for the remainder of the term. The members of the Heritage Preservation Commission, by a majority vote, shall elect one of the appointed Commissioners at the first • meeting of the year to serve as Chair and one to serve as Vice Chair. Commission members must be persons with demonstrated interest or expertise in historic preservation and must reside • within the City of Elk River. The Heritage Preservation Commission shall include, if available, a member of the Sherburne County Historical Society. 215. 06 - POWERS AND DUTIES The Heritage Preservation Commission shall prepare, hold hearings, and recommend to the City Council such plans, programs, and policies as it deems necessary to carry out the purposes of this ordinance. Said powers shall include, but are not limited to, the study and recommendation to the City Council on the following: 1. Work for the continuing education of the citizens of Elk River with respect to the historic and architectural heritage of the City. It shall keep current and public a register of designated heritage preservation sites and areas. 2. Conduct a continuing survey of all areas, places, buildings, structures, or similar objects in the City of Elk River which the Commission, on the basis of information available or presented to it, has reason to believe are, or will be, eligible for designation as heritage preservation sites. 3. Solicit gifts and contributions to be made to the City and to assist in the preparation of applications for grant funds to be • made to the City for the purpose of heritage preservation. 4 . Recommend accepting the services on a permanent or part-time basis of technical experts and other such persons as may be required to perform its duties. 5. Make recommendation that an area, building, district or object be designated a Heritage Preservation Site. 6. Review and make recommendations relative to requests for Heritage Preservation Site Alteration Permits. 7. Recommend making application to the National Register or the Minnesota Historical Society for the designation of a historic site or district. 8 . Make recommendations on the acquisition of sites eligible for designation as a heritage preservation site by gift, negotiation, or eminent domain as provided for in Chapter 117 of Minnesota Statute. 215.08 - MEETINGS AND PROCEDURE The Commission shall meet at least four times each calendar year, at such time and place as the Commission shall determine. Notice • of the Commission meetings shall be communicated to the members, posted at City Hall, and published in the City' s official newspaper at least three days prior to the meeting. Except as IIIprovided herein, all Commission meetings shall be governed and operated pursuant to Robert' s Rules of Order and open to the public. Section 2. This ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this day of , 1999. Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk III • \\elkriver\sys\shrdoc\document\ordinanc\215.doc • ORDINANCE 99- AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.08 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "DEFINITIONS" Section 1. Section 900.08 of the City of Elk River Code of Ordinances shall be amended by adding the definitions of Heritage Preservation Commission and Heritage Preservation site as follows: HERITAGE PRESERVATION COMMISSION: The City of Elk River Heritage Preservation Commission. HERITAGE PRESERVATION SITE: Any area, place, building, landmark, structure, lands, districts, or other object, that has been zoned Heritage Preservation Site Overlay Zoning District pursuant to Section 900 . 12 (21) and 900 .44 of this Code. Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this • day of , 1999. Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk • s:\document\ordinanc\hpsdfntn.doc • ORDINANCE 99 - AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.10(1) OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "ESTABLISHMENT OF DISTRICTS" Section 1. Section 900.10(1) of the City of Elk River Code of Ordinances shall be amended by adding an HPS zoning district as follows: HPS Heritage Preservation Site Overlay Zoning District Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this day of , 1999. . Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk \\elkriver\sys\shrdoc\document\ordinanc\hpsdist.doc IPORDINANCE NO. 99 - AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCES ENTITLED "PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT" Section 1. Section 900.12 of the City of Elk River Code of Ordinances is amended by adding a Heritage Preservation Site Overlay Zoning District as follows: 21 . HPS - Heritage Preservation Site Overlay Zoning District STATEMENT OF PURPOSE: The purposes of the Heritage Preservation Site overlay zoning district are to: (1) Safeguard the heritage of the City by preserving sites and structures which reflect elements of the City' s cultural, social, economic, political, visual, or architectural history; (2) Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City; and (3) Foster civic pride in the beauty and notable accomplishments of the past. • A. Uses Heritage Preservation Site Overlay Zoning shall be applied to and superimposed upon all zoning districts contained herein as existing or amended by the zoning ordinance text and official zoning map. The regulations and requirements imposed by Heritage Preservation Site Overlay Zoning shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the most restrictive requirements shall apply. B. Reports The City Council may direct the City staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for rezoning to the Heritage Preservation Site Overlay District. The Building and Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the City Council. C. Standards The Heritage Preservation Commission shall recommend to the Planning Commission that an area, building district, or object be rezoned to the Heritage Preservation Site Overlay Zoning District upon determining that such site meets one or more of the following criteria: i . It has character, interest, or value as part of the development, heritage or cultural characteristics • of the City of Elk River, State of Minnesota, or the United States; • ii . Its location is the site of a significant historic event; iii. It has yielded, or is likely to yield, information important in pre-history or history; iv. It is associated with a person or persons who significantly contributed to the culture and development of the City; v. It embodies distinctive characteristics of an architectural style, period, form, or treatment; vi. It represents the work of an architect or master builder whose individual work has influenced the development of the City of Elk River; vii. It embodies elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; or viii. Its unique location or singular physical characteristics represents an established and familiar visual feature of a neighborhood, community, or the City of Elk River. D. Communications with Minnesota Historical Society: A • copy of the Heritage Preservation Commission' s recommendation on a proposed Heritage Preservation Site, including boundaries, and a program for the preservation of the Heritage Preservation Site, shall be sent to the Minnesota Historical Society in accordance with Minnesota Statutes 471 . 193, Subd. 6. E. Review of Permits: i . Permit: A Heritage Preservation Site Alteration Permit is required to do any of the following in, on, or to a structure on property located within a Heritage Preservation Site Overlay Zoning District in the City: a. Remodel, alter, repair in any kind or manner, that will alter the exterior appearance of a historic building, site, or landmark. b. Erect a building or any structure. c. Erect signs. d. Demolish any building in whole or in part. This does not apply to structures required to be demolished in accordance with Minnesota Statutes, Chapter 463. e. Alter or remove a land form in whole or in • part. 111 The application for a Site Alteration Permit shall be accompanied by detailed plans including a site plan, building elevations and design details, and materials necessary to evaluate the request. The City Council shall make the determination whether to approve or disapprove the permit. ii. Reports: The Building and Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the City Council. iii. Heritage Preservation Commission Recommendation: The Heritage Preservation Commission shall review each application and make its recommendation to the City Council relative to the request for a Heritage Preservation Site Alteration Permit. iv. Criteria for Heritage Preservation Site Alteration Permit: The City Council shall approve, disapprove, and/or impose conditions on a Heritage Preservation Site Alteration Permit after consideration of the Heritage Preservation Commission' s program for preservation and the Secretary of Interior' s Standards for Rehabilitation, as revised and, if applicable, the recommendation of the Planning Commission. 111 v. Findings: The City Council shall make findings as to whether a site alteration permit application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in Paragraph iv. of this subdivision. vi. Hearings: Prior to the City Council making its decision regarding an application for a Site Alteration Permit for a Heritage Preservation Site, the City Council shall hold a public hearing on the application. Prior to such hearing the City Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of hearing. Notice of the hearing shall be sent to all property owners within three hundred fifty (350) feet of the site of the proposed Heritage Preservation Alteration. vii. Limitations: An application for a Site Alteration Permit shall be acted on by the City Council within 60 (sixty) days. If the Heritage Preservation Commission can not make a recommendation of approval or disapproval to the City Council within this time frame, the application shall be forwarded to the City Council for approval or disapproval of the permit without the Heritage Preservation Commission' s recommendations. • F. Emergency Repair: In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the Building Official shall have the authority to enforce the Elk River Building Code, and may approve the repair without prior Heritage Preservation Commission or City Council action. G. Repository for Documents: The office of the City Clerk is designated as the repository for at least one copy of all studies, reports, recommendations, and programs required under this Section. H. Administrative Procedure: Establishment of Heritage Preservation Site Overlay Zoning on a specific parcel of land shall be by amendment to the City' s Zoning Map as provided by this Zoning Ordinance and pursuant to the procedure set forth in Section 900. 44 hereof. The Heritage Preservation Commission shall make findings as to whether a proposed Heritage Preservation Site is eligible for Heritage Preservation Site Overlay Zoning as determined by the standards specified in Paragraph C of this subsection. If the Heritage Preservation Commission determines the site meets the standards in Paragraph C, it shall forward its findings to the Planning Commission with its recommendation that the site be designated for Heritage Preservation Site Overlay Zoning and its proposed program for the preservation of the site. • Planning Commission Recommendation: The Planning Commission shall recommend approval, rejection, or modification of the proposed rezoning to the City Council . Such recommendation shall be based upon, but not limited to, the following factors: i . The provisions of Section 900. 44 of this Chapter. ii. Any other planning consideration which may be relevant to the proposed rezoning upon the surrounding neighborhood. iii . Any other planning consideration which may be relevant to the proposed rezoning. The Planning Commission may make such modifications, changes, and alterations to the proposed rezoning as it deems necessary in its recommendation to the City Council. Section 2. That this ordinance shall take effect upon publication as provided • by law. Passed and adopted by the City Council of the City of Elk River this day of , 1999. Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk S f:\shrdoc\document\ordinanc\hps.doc •