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9. HRSR 01-10-2005ITEP~i ~ 9. ~~~ ~~ aver MEMORANDUM TO: Housing and Redevelopment Authority, Economic Development Authority and Heritage Preservation Commission FROM: Stephen Rohlf, Building 1~ Environmental Administrator 5~ DATE: January 10, 2005 SUBJECT: Joint Meeting to Discuss the Establishment of Historic Districts Background There are certain areas in Elk River that do have local historic significance. The Heritage Preservation Commission has been discussing the potential of encouraging the designation of historic districts in these areas to restore or preserve their integrity. The logical place to start is certain area of the downtown. Issue The HPC's would like to discuss the issue of establishing a historic district(s) in the downtown to make sure their efforts don't conflict with the HRrI's plans for the area. Section 30-1836 titled, "HPS heritage preservation site overlay district", which explains the details of creating a historic district is attached to this memo for your review. In addition, the HPC would like to discuss potential financial mechanisms with the EDA that could be used as incentives for restoring and rehabilitating buildings in a historic district. The HPC's next step would be to talk to the Rivers Edge Downtown Business Association for their support. Recommendation The purpose of the meeting is for preliminary discussion on a possible project to engage downtown businesses in restoring and rehabilitating their buildings with financial incentives. LAND DEVELOPMENT REGULATIONS Sec. 30-1836. HPS heritage preservation site overlay district. (a) Purpose. The purposes of the heritage pres- ervation site overlay zoning district are to: (1) Safeguard the heritage of the city by pre- serving sites and structures which reflect elements of the city's cultural, social, eco- nomic, 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 peo- ple of the city; and (3) Foster civic pride in the beauty and nota- ble accomplishments of the past. (b) Effect of overlay zoning. Heritage preserva- tion site overlay zoning shall be applied to and superimposed upon all zoning districts contained in this article and the official zoning map. The regulations and requirements imposed by heri- tage 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 re- quirements shall apply. (c) Studies and reports by city staff: The city council may direct the city staffto 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. (d) Standards for establishment of district. The heritage preservation commission shall recom- mend 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: (1) It has character, interest, or value as part of the development, heritage or cultural characteristics of the city, the state, or the United .States; § 30-1836 (2) Its location is the site of a significant historic event; (3) It has yielded, or is likely to yield, infor- mation important in prehistory or his- tory; (4) It is associated with a person who signif- icantly contributed to the culture and development of the city; (5) It embodies distinctive characteristics of an architectural style, period, form, or treatment; (6) It represents the work of an architect or master builder whose individual work has influenced the development of the city; (7) It embodies elements of architectural de- sign, detail, materials, or craftsmanship which represent a significant architec- tural innovation; or (8) Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighbor- hood, acommunity, or the city. (e) Communications with Minnesota Histori- cal Society. A copy of the heritage preservation commission's recommendation on a proposed her- itage 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 Minn. Stats. § 471.193, subd. 6. (f) Site alteration permit. (1) Work requiring permit; application. A her- itage 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 over- lay zoning district in the city: a. Remodel, alter, or repair in any kind or manner that will alter the exte- rior appearance of a historic build- ing, 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 struc- CD30:149 § 30-1836 (2) (3) (4) (5) (6) ELK RIVER CODE tares required to be demolished in accordance with Minn. Stats. ch. 463. e. Alter or remove a landform in whole or in part. The application for a site alteration per- mitshall beaccompanied bydetailed plans, including a site plan, building elevations and design details, and materials neces- sary to evaluate the request. The city council shall make the determination whether to approve or disapprove the permit. Reports by city staff: The building and zoning administrator shall instruct the appropriate staff persons to prepare tech- nical reports where applicable, and pro- vide general assistance in preparing a recommendation on the action to the city council. Recommendation by heritage preservation commission. The heritage preservation commission shall review each application and make its recommendation to the city council relative to the request fora heri- tage preservation site alteration permit. Criteria for approval. 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 Secre- tary of the Interior's standards for reha- bilitation, as revised, and, if applicable, the recommendation of the planning com- mission. Findings by council. The city council shall make findings as to whether a site alter- ation permit application should be ap- proved or disapproved, or conditions im- posed, as determined by the criteria specified in subsection (f)(4) of this sec- tion. Hearing. Prior to the city council making its decision regarding an application for a site alteration permit for a heritage pres- ervation 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 days prior to the date of hearing. Notice of the hearing shall be sent to all property owners within 350 feet of the site of the proposed heritage preservation al- teration. (7) Time limit for action by council. An appli- cation for a site alteration permit shall be acted on by the city council within 60 days. If the heritage preservation commis- sion cannot make a recommendation of approval or disapproval to the city council within this timeframe, the application shall be forwarded to the city council for ap- proval or disapproval of the permit with- out the heritage preservation commission's recommendations. (g) Emergency repairs. In emergency situa- tions where immediate repair is needed to protect the safety of the structure and its inhabitants, the building and zoning official shall have the author- ity to enforce the city building code, and may approve the repair without prior heritage preser- vation commission or city council action. (h) Custody of reports and other documents. The office of the city clerk is designated as the repository for at least one copy of all studies, reports, recommendation, and programs required under this section. (i) Procedure for estab"lishment of district. (1) 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 article and pursuant to the procedure set forth in section 30-575. 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 subsection (d) of this section. If the heritage preservation commission determines the site meets the standards in subsection (d) of this section, it shall forward its finding to the planning commission with its recommendation that CD30:150 LAND DEVELOPMENT REGULATIONS the site be designated for heritage preser- vation site overlay zoning and its pro- posed program for the preservation of the site. (2) The planning commission shall recom- mend approval, rejection, or modification of the proposed rezoning to the city coun- cil. Such recommendation shall be based upon, but not be limited to, the following factors: a. The provisions of section 30-575. b. Any other planning considerations which may be relevant to the pro- posed rezoning upon the surround- ing neighborhood. c. Any other planning considerations which may be relevant. to the pro- posed rezoning. The planning commission may make such modifications, changes, and alterations to the proposed rezoning as it deems neces- sary in its recommendation to the city council. (Code 1982, § 900.12(21)) Sec. 30-1837. AT antenna tower overlay dis- trict. (a) Purpose. The purpose of the antenna tower overlay district is to protect the public health, safety, general welfare, and to accommodate the telecommunication needs of residents and busi- nesses by providing a specific zoning district for the use of land for the establishment and opera- tion of wireless telecommunication towers. Since this use is unique, a special zoning district is appropriate, and the city reserves the right to determine the suitability of a rezoning request to antenna tower overlay district based on criteria which includes the following: (1) The compatibility of the rezoning request with surrounding land uses. (2) That the proposed rezoning is necessary in order to provide effective wireless tele- communication coverage for the city. (3) The rezoning is in accordance with the comprehensive plan for the city. § 30-1837 Wireless telecommunication towers shall not be permitted nor allowed as conditional uses in any other zoning district. This section shall apply to all towers over 60 feet in height. (b) Findings. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare, the city council finds these reg- ulations necessary in order to: (1) Establish standards which permit a rea- sonable and equitable opportunity for the establishment of wireless telecommunica- tion service in the city. (2) Avoid potential damage to adjacent prop- erties from tower failure through struc- tural standards and setback require- ments. (3) Minimize adverse visual effects of towers through careful design and siting stan- dardswhich attempt to screen and/or cam- ouflage towers and antennas from adja- cent private and public property. (4) Maximize the use of existing and ap- proved towers, buildings and other struc- tures to accommodate new wireless tele- communication antennas in order to reduce the number of towers needed to serve the community. (c) Uses. The antenna tower overlay district (AT) is an overlay zoning district; land zoned into the AT will also maintain its original zoning classification. All permitted, accessory, and condi- tional uses allowed in the underlying zoning dis- trict will continued to be allowed on land rezoned to AT, subject to all restrictions and requirements applicable in the underlying district. In addition to the uses allowed in the underlying district, the following uses shall be allowed as a conditional use in the AT: antenna arrays, including radio, television, commercial wireless telecommunica- tion, and microwave transmitting and receiving equipment, supporting towers, buildings and en- closures accessory to the tower and antennas. (d) Collocation requirements. All commercial wireless telecommunication towers erected, con- structed, or located within the city shall comply with the following requirements: (1) A proposal for a new commercial wireless communication service tower shall not be CD30:151