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HomeMy WebLinkAboutAgenda - 05-24-1993 - C 3 19 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Mav 24 , 1993 Action Agenda Item # C 3 SUBJECT: HISTORIC PRESERVATION ORDINANCE TEXT AMENDMENTS DEPARTMENT: Planning & Inspections PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Extension 2580 1/27/93 Memorandum from Planning Director Requirements for Certified Local Governments NC G. S. 160A-400. 14 Proposed Amendments TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive citizen comment on proposed technical amendments to the Historic Preservation Ordinance recommended by the State Historic Preservation Office to insure compliance with standards for Certified Local Governments. BACKGROUND: In January, Orange County submitted to the State Historic Preservation Office its application for Certified Local Government status. During review of the application, Melinda Wall of the Survey and Planning Branch examined the County' s Historic Preservation Ordinance and the Commission's Rules of Procedure. She recommended a few minor technical changes to insure compliance with CLG requirements. Changes to the ordinance will make it clear that the Historic Preservation Commission (not the Planning and Inspections Department) is responsible for investiga- ting and preparing a report when designating historic districts and landmarks. This responsibility may be delegated by the Commission to the Planning Staff. Another change, which is optional, would make the 20 ordinance consistent with the North Carolina General Statutes regarding provisions for delaying the demolition of landmarks and buildings within historic districts. On February 24, 1993 , the Historic Preservation Commission approved similar technical amendments to its Rules of Procedure and recommended that the County Commissioners advertise the Historic Preserva- tion Ordinance amendments for the May 24 public hearing. RECOMMENDATION: Planning Staff ' s Recommendation The Planning Staff prepared the proposed amendments to the Historic Preservation Ordinance and presented them to the Historic Preservation Commission. Provided the Historic Preservation Commission and the. County Commissioners find in the affirmative, the Planning Staff recommends approval of the proposed text amendments. No decision on the proposed amendments is made by the Board of Commissioners at the public hearing. Amendments initiated by the County are not subject to time limitations other than those specified by the Board of Commissioners. Administration Recommendation The Administration recommends that the Board of Commissioners adjourn the public hearing until 7:30 on June 7, 1993 at the Efland-Cheeks Community Center, Efland, N.C., to receive the recommendation of the Historic Preservation Commission. ai 21 . .. MEMORANDUM TO: Historic Preset vat n Commission Yn a,4.0 FROM: Marvin Collins , Planning Director SUBJECT: CLG Application DATE: January 27 , 1993 COPIES : John Link, County Manager Geofrey Gledhill, County Attorney Emily Cameron, Planner II , Current Planning Division Today I received a call from Melinda Wall, Preservation Planner for the State Historic Preservation Office. She indicated that Orange County' s CLG application had been started in the "loop" , and she was first in line . She recommended that several minor technical amendments be made to the County's ordinance and Commission ' s Rules of Procedure to insure compliance with the CLG requirements . It is not essential that changes be made now, but they should be within the next few months . Based on Orange County's calendar, the May public hearing seems an appropriate time to consider any proposed ordinance amendments. The Commission could act before then to deal with changes to the Rules of Procedure. Melinda recommended the following changes : , 1. Historic Preservation Commission Ordinance a. Amend Section 1 . 2 to require that all [rather than a majority of] members of the Commission to have demonstrated special interest, experience or education in history, architecture, etc. This provision is a CLG requirement and can be satisfied by simply insuring that all potential members note on their resume forms that they have a real interest in history, historic preservation, etc. b. Amend Section 2 . 2 to have the last part of paragraph f1 read: " . . .the Historic Preservation Commission [not Planning and Inspections Department] shall make or cause to be made an investigation and report which includes the following: " The Commission may delegate this responsibility, but it is the Commission' s role to make the investigation and report. 22 • • _ c . Amend Section 3 . 3 to read: "The Historic Preservation Commission [not Planning and Inspections Department] shall, within 30 days of receipt of an application, make or cause to be made an investigation and report. . . " . The rationale for this change is the same as for "b" above. d. Amend Section 4 . 9 to increase the time period in which a delay in the effective date of a Certificate of Appropriateness may be authorized from 180 to 365 days . This change is optional, and the period may be left as is or increased. The recommended change is based on the provisions of G.S . 160A-400 . 14 . 2 . Rules of Procedure a. Amend Section 2 . 1 concerning "demonstrated special interest" for the same reasons cited in 1-a above; e. g. , change wording to read, " . . . all of whom. . . " . b. Amend Section 3 . 4 concerning a quorum. The Rules of Procedure indicate that a quorum is five members . Section 1.4 of the Ordinance- indicates that a quorum is four members . The Rules of Procedure should be changed to be consistent with the Ordinance. The Planning_ Staff. will_prepare,the necessary.4amendments to both documents and submit them for Com is sion 's ctsriiideration at its February 24 , 1993 meeting. • 23• January 26 , 1993 4-5 .°z Post Script, January 27 , 1993 Melinda Wall , Preservation Planner Review Sheet for Orange County CLG Application Commission: Orange County Historic Preservation Commission I . Ordinance Creating the Historic Preservation Commission cf Orange County In summary, the ordinance substantially reflects the provisions of the state enabling statute for the designation and protection of historic properties and districts . When the County next revises the ordinance, I recommend that the following items be considered. Section 1 . 2 "In addition, a majority of the members of the Commission. . . fields . " Should be: "In addition, 11 members of the Commission. . . fields . " (Guidelines :or NC CLG Program, Section III . C. 2) Section 2 . 2 After the establishment of the initial district, the Preservation Commission, instead of the Planning and Inspections Department, shall prepare, or cause to be prepared, the investigation and report required for boundary changes or designation of additional districts , and shall refer the investigation and report to the local planning agency. (G. S. 160A-400 . 4) Design review guidelines should contain guidelines for reviewing new construction as well as alterations to existing buildings. (Guidelines for NC CLG Program, Section III.A. 4) Section 3 . 3 The Preservation Commission, instead of the Planning and Inspections Department, shall make or cause to be made the investigation and report for landmark designation. (G.S. 160A-400 . 6 (2) ) Section 4 . 9-1 . The state enabling statute provides that the effective date of a Certificate of Appropriateness for demolition may be delayed for up to 365 days . (G . S . 160A-400 . 14 (a) ) The ordinance would need to be amended to take advantage of the longer delay period. II . Rules of Procedure Section 2 . 1 "majority" should be "all. " See comments on ordinance, above. • • 24 Orange County CLG Application January 26, 27, 1993 Page 2 Section 3 . 4 States that a quorum shall consist cf five (5) members. The ordinance, however, at Section 1 . 4 , states that a quorum shall consist of a majority of appointed members, which would be four (4) of the seven (7) total members comprising the Commission. The Rules of Procedure should be revised by the Commission to be consistent with the ordinance.• • • • • • • • • • 25 NORTH CAROLINA DIVISION OF ARCHIVES AND HISTORY STATE HISTORIC PRESERVATION OFFICE TILE CERTIFIED LOCAL GOVERNMENT PROGRAM IN NORTH CAROLINA In 1980, Congress amended the National Historic Preservation Act to require each state to establish a procedure by which local governments may be certified to participate in the national framework of historic preservation programs. This requirement has become the "Certified Local Government (CLG) Program" in which many North Carolina counties and cities participate. Since Congress established a preservation program for.the United States in 1966, the national historic preservation program has operated as a decentralized partnership between the federal government and the states. The federal government established a program of identification, evaluation, and protection of historic properties and gave the states primary responsibility for carrying out this program. The success of that working relationship prompted Congress to expand the partnership to provide for participation by local governments. Basic Responsibilities: In North Carolina, governments which qualify for certification must have an active and legally adequate historic preservation commission, and must meet the federal requirements for certification. The Historic Preservation Act amendments of 1980 state that a local government must: 1. Enforce appropriate state or local legislation for the designation and protection of historic properties. 2. Establish an adequate and qualified historic preservation review commission. 3. Maintain a system for the survey and inventory of historic properties compatible with the statewide survey. 4. Provide for adequate public participation in the local historic preservation program, including the process of recommending properties to the National Register of Historic Places. 5. Satisfactorily perform responsibilities delegated to it under the 1980 Act. )?.enefits:. Local governments and local commissions benefit from being CLGs in the following ways: 1. The North Carolina State Historic Preservation Office must set aside at least 10 percent of the money it receives from the federal Historic Preservation Fund for CLGs. Each CLG in the state is eligible to compete for a portion of that money to be used as a matching grant for eligible survey, planning, pre-development, or development activities. This has become a significant advantage for CLGs in recent years as general grant funding from both federal and state sources has declined. In addition, only CLGs are generally able to direct federal Historic Preservation Fund grant money toward projects relating to physical restoration and stabilization. 2. CLGs review all new nominations to the National Register of Historic Places for properties and districts within their boundaries. Consequently, CLGs share their local expertise with state and federal preservationists and gain a say in state and federal recognition of historic resources in their areas. 3. CLGs are encouraged to expand the expertise of their commission members and must provide for their continuing education. The community benefits from the increased expertise and knowledge of preservationists at the local level, and CLG commission members benefit from increased opportunities and from the recognition of their communities. 26 Bezomi:L a CLG: in North Carolina, many municipalities and counties have preservation programs. Most communities with historic preservation, historic district, or historic landmarks ordinances containing the provisions of the site enabling legislation (General Statutes 160A-400.1 through 160A-400.14) arc eligible for certification. A local government that wishes to seek CLG status should plan to submit the following to the CLG Coordinator of the State Historic Preservation Office: 1. Evidence that a comprehensive inventory of the area's cultural resources has been or will be conducted. 2. Information regarding the area's locally designated historic districts and/or historic landmarks. 3. The ordinance creating the local commission. 4. The commission's rules of procedure. , 5. The design guidelines used by the commission. 6. Resumes of the members of the commission. 7. A description of the commission's past and current activities. Grants: A government may be certified at any time; however, it must satisfactorily function as a CLG for a year before it is eligible for the grant funds earmarked for CLGs. If a commission is interested in participating in the grant program, it should be aware of the timing of the grant application and award cycle. Grant applications are due around the first of the year and awards are made in the late spring or early summer. Grants are for projects that can be completed within one year. Grants have a 50/50 matching requirement and are awarded on a competitive basis. Funds may be used for activities such as (1) architectural or archaeological survey, (2) National Register nominations, (3) preservation planning, (4) design guidelines, (5) architectural plans or feasibility studies, and (6) in a limited number of cases, physical restoration and stabilization. FOR MORE INFORMATION: The Certified Local Government program: CLG'Coordinator, Administration Branch, 919/7334763. Historic structures and local designation: Preservation Planner, Survey and Planning Branch, 919/733-6545. Grants to local governments and organizations: Grants Coordinator, Administrative Branch, 919/733-4763. These are branches of the State Historic Preservation Office, N.C. Division of Archives and History, 109 East Jones Street, Raleigh, NC 27601-2807. 2/92 • 2r ti 160A-400.14. Delay in demolition of landmarks and buildings within historic district. (ai An application for a certificate of appropria:eness authorizing the relocation., demolition car destruction of a tir.sigrated iandlnark or a building, structure or site within the di,, tnct may not he aenied except as provided in subsection (c'r. however, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The. maximum period of delay authorized by this section shall he reduced by the commission where it finds that the owner would suffer extreme hardship or he permanently de- prived of all b<mcnciai use of or return from such property by virtue of the. delay'. During such period the preservation commission shall ne`ntiate with the owner a:id" with any other nartie: in aIi effort to find a means of;:rr_er�ing the huiidirg or site. If the preservation commission ants that a building or site within a district has no special significance or value toward maintaining the character of a alstric'., it shall waive all or part of such period and authorize ear• her demolition, or removal, If the. commission or planning agency has voted to recommend deli�nation of a property a� a landmark or desiz i CQ � *•13tion of Rr. area as a district, and final designation has not been made by the local 1 governing hoard, the. demoiit'ion or destruction of any building, site, or structure. located on the property of the proposed landmark or in • the proposed district may be delayed by the commission or planning I118 1 , • IL 1 RECEIVED FROM 9157327957 P. FEB-19-1093 10:33 FROM COLEMAN GLEDHILL HARGRAVE TO PLANNING P.E3 §160A-402 CITIES AND TOWNS §I6OA-411 agency for a period of up to 180 days or until the local governing • board takes final action on the designation.. whichever occurs first, Co) The governing board of ar:). municipality may enact an ordi• nance to prevent the demolition by neglect of any designated land- mark or any building or structure within an established historic • district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship. , (c) An application for a certificate of appropriateness authorizing i the demolition or destruction of a building, site, or structure dctcr- mined by the State Historic Preservation Officer as havin state• • wide significance as defined in the criteria of the National Register of Historic Places may be denied except where the commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return oy virtue of the denial. • (19e9, c. 706, s. 2; 1991, c. 51.1. s. 1.) • • Effect of Amendments.--The 1991 the first Reateuce and subxtituted"365" • amendment, effective July 2; 1991, in for "1K" in tine second sentence:. subsection cat inserted "relocation" -in ' t 28 29 PROPOSED ORDINANCE AMENDMENT REFERENCE: HISTORIC PRESERVATION ORDINANCE ARTICLE 1 .2 Qualifications ARTICLE 2 .2 Preparation of Designation Report (Historic Districts) ARTICLE 3 .3 Preparation of Designation Report (Historic Landmarks) ARTICLE 4 . 9 Delay in Demolition of Landmarks and Buildings within Historic Districts ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public X Other: State Historic Preservation Office EXPECTED PUBLIC HEARING DATE: May 24, 1993 Purpose of Amendment: The amendments proposed are technical in nature and will insure compliance with the State's requirements for Certified Local Governments. Impacts/Issues: In January 1993, Orange County submitted to the State Historic Preservation Office its application for Certified Local Government status. As part of the application, the County's Historic Preservation Ordinance was reviewed by the Survey and Planning Branch of the State Historic Preservation Office (SHPO) . The Preservation Planner recommended some technical changes to the ordinance to insure compliance with the State and federal requirements for certification. Similar technical amendments were recommended for the Historic Preservation Commission's Rules of Procedure to provide consistency with the ordinance. EXISTING AND PROPOSED ORDINANCE TEXT: [proposed text underlined) Article 1. Historic Preservation Commission Section 1.2 Qualifications Each member will reside within the territorial jurisdiction of Orange County. In addition, a majority of tho all members of the Commission shall have demonstrated special interest, experience or education in history, architecture, landscape architecture, archaeology or related fields. Article 2. Procedures for Establishing Historic Districts Section 2.2 Preparation of Designation Report 30 If, upon completion of the inventory and the notification of property owners, a property owner or property owners, the Commission or the Board of Commissioners wishes to recommend the designation of a historic district or districts, the Planning and Incpcctiono Department Historic Preservation Commission shall make or cause to be made an investigation and report which includes the following: 6. Proposed design review principles and guidelines governing new construction and exterior changes to buildings, structures, and appurtenant features within the historic district. Article 3 . Procedures for Designating Historic Landmarks Section 3 .3 Preparation of Designation Report The • _ - - ' - _ _ _ - - - - - = Historic Preservation Commission shall, within 30 days of the receipt of an application, make or cause to be made an investigation and report on the historic, architectural, archaeological or cultural significance of the building, structure, site, area or object proposed for designation. Article 4. Certificate of Appropriateness Section 4.9 Delay in Demolition of Landmarks and Buildings within Historic Districts 1. An application for a Certificate of Appropriateness authorizing the demolition or destruction of a designated landmark or a building, structure or site within a historic district may not be denied except as provided in Subsection 3 below. However, the effective date of such a Certificate may be delayed for up to 4-88 365 days from the date of approval. HISTORIC PRESERVATION COMMISSION: 2/24/93 and 4/28/93 ORDINANCE REVIEW COMMITTEE: 4/5/93 BOCC: