HomeMy WebLinkAbout20090120 - VIII-B-1Memo
To: Mayor Hicks and City Council
From: Kari Barker, Associate Planner
Date: January 20, 2009
Subject:
Hold Public Hearing – Amend Ordinance 155.23 (D) - Demolition of
Homes in the OHDS
REQUEST
The City Council is asked to hold a public hearing to amend City Code Chapter 155.23 (D)
– Original Hastings Design Standards (OHDS). The amendment would exempt demolition
of homes from OHDS regulations. Therefore, demolition could occur without Planning
Commission and City Council approval.
st
The City Council held the 1 reading and called for a public hearing at its January 5, 2009,
Meeting.
HPC REVIEW
The Heritage Preservation Commission expressed concerns about the demolition of homes
within the OHDS without City approval. Staff will enact the following policy to address HPC
concerns:
The HPC shall have 10 days to visually record a structure after an application is
submitted to demolish a structure that is over 50 years old within the OHDS. If a
formal designation study has already been completed for the property, the HPC shall
have up to 6 weeks to request that the City Council begin a designation process as
outlined in chapter section 30.10 (D). If the City Council initiates the designation
process, the demolition application must be handled in accordance with chapter
section 30.10 (D).
The ordinance hasbeen modified to reflect this policy.
BACKGROUND
The Planning Commission met and reviewed the aforementioned item at its October 27,
2008, meeting. The recommendation of the Planning Commission is that homes to be
demolished do not need to have OHDS review before the Planning Commission or City
Council. This is because the Planning Commission feels that the demolition of homes in
the OHDS does not deter from the character of the neighborhood. However, any new
homes built on the land of the home that was demolished would need to have OHDS
review. In addition, the Planning Commission recommended determining if the home to be
demolished could be moved to another location.
The City Council met and reviewed the amendment at its November 3, 2008, meeting. The
City Council concurred with the Planning Commission’s decision.
The Planning Commission held a public hearing at its December 22, 2008, meeting. No
members of the public spoke to the issue. The Planning Commission voted 6-0 to approve
the amendment to Ordinance 155.23 pertaining to the demolition of homes in the Original
Hastings Design Standards area.
ATTACHMENT
Resolution
Memo from Heritage Preservation Commission
ORDINANCE NO.______________, SECOND SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
CHAPTER 155.23 OF THE HASTINGS CITY CODE PERTAINING TO:
ORIGINAL HASTINGS DESIGN STANDARDS
BE IT ORDAINED by the City Council of the City of Hastings as follows:
Chapter 155.23 of the Hastings City Code is hereby amended as follows:
(D)Original Hastings design standards.
(1) Intent. Original Hastings Design Standards (OHDS) preserve and
enhance traditional neighborhood design by reflecting the general
characteristics of buildings dating from 1845 to 1940, the predominate era for
building construction within the OHDS District. OHDS regulations ensure
traditional neighborhood design by incorporating design features such as
alleys, carriage houses, front porches, period sensitive housing design,
sidewalks, and traditional street lighting. Design standards create and
enhance the character of older neighborhoods by establishing regulations to
guide property development and rehabilitation consistent with the unique
historic character of the neighborhood. The OHDS are derived from the
Design Guidelines for Original Hastings, adopted in 2003 by the City Council
as part of the Heart of Hastings Master Plan.
(2) Designated District. OHDS shall be effective for portions of the R-2
District as indicated in the figure below and shall be further identified on the
Official Zoning Map. Areas not zoned R-2 are excluded from the OHDS.
(3) Applicability. The OHDS are applicable to all new residential
development within the OHDS District.Substantial modifications to existing
residential buildings shall also adhere to the design standards. Substantial
modifications are defined as building improvements affecting the exterior of a
structure exceeding 5% of its current building market value as defined by the
Dakota County Assessor.
(4) Exemptions. The following activities shall be exempt from Original
Hastings Design Standards:
(a) Accessory buildings under 120 square feet;
(b) Fences, decks, porches, and patios within the rear yard or
interior side yard. Corner side yards abutting a right-of-way shall not be
exempt from the design standards;
(c) Areas of a home or structure not directly part of an alteration
or improvement;
(d) Alterations or improvements to the interior of a structure not
affecting the outward appearance.
(e) Demolition of homes.
1. The HPC shall have 10 days to visually record a structure
after an application is submitted to demolish a structure that
is over 50 years old within the OHDS. If a formal
designation study has already been completed for the
property, the HPC shall have up to 6 weeks to request that
the City Council begin a designation process as outlined in
chapter section 30.10 (D). If the City Council initiates the
designation process, the demolition application must be
handled in accordance with chapter section 30.10 (D).
(5) Relationship to historic preservation districts and standards.
Original Hastings Design Standards are different from and complimentary to
established historic preservation districts and standards. Original Hastings
Design Standards focus less on historic re-creation, but on the consistency of
new and rehabilitated buildings to the established traditional character, bulk,
height and form of the neighborhood. Provisions of § 30.10 still apply to
properties within the OHDS that are within a designated Heritage
Preservation District or individually designated as a Historic Preservation
Site.
(6) Garages. New garages directly accessing a public street shall be
prohibited if an improved alley way abuts the property.
(7) Immediate neighborhood. The immediate neighborhood as used to
determine OHDS applicability shall include all properties along street
frontages within 150 feet of the subject parcel as indicated in the figure
below.
(8)Immediate neighborhood average. The immediate neighborhood
average is defined as a range between 10% above and 10% below the mean
for a given design standard within the immediate neighborhood.
(9) Frontage types. Application of OHDS are based upon the following
frontage types.
(a) Front yard. Front yards contain a landscaped lawn between
the street\sidewalk and the residence.Structure setbacks shall be consistent
with the immediate neighborhood average. Fences may be constructed in
accordance
with the §
155.05.
Raised
porches are
encouraged.
(b) Garage\alley. Neighborhood alleys provide service and
garage access to residential uses in order to preserve the pedestrian
character of the primary street frontage. Detached or semi-detached
garages can front the alley in 1 of the 2 configurations shown in the sketch
below. Lofts in 1.5-story garages may be suitable for residential use.
Garages are further regulated under the accessory structure provisions of
this chapter.
(10)Outline of design standards.
Front YardGarage/Alley
Yard UsePedestrian only. No vehicle Vehicle Parking. Pedestrian
parking or drives in front path to rear entry. If
yard if abutting an abutting an improved
improved alley way alley way
Landscaping predominant.Paved driveway.
Yard and Street Wall
MaterialsConcrete, brick, or stone Landscaped buffer.
paths.Screen walls – Brick or
painted wood.
Yard and Street Wall Lawn and Trees Wall or fence to match
Techniquepredominant. Wall or building style.
fence shall match
building style. Ground
floor shall be raised
above grade 24 to 48
inches if containing a
porch.
Building WallFront Yard setback varies to Side loaded garage must
match immediate have 5 foot green space
neighborhood average. between drive and alley.
Side yard setback Maximum setback for all
conforms to Residential garages is 25 feet.
Lot District
Requirements of §
155.50
Building WidthMust conform to the immediate neighborhood average
Entry Level Wall Openings30% to 50% transparent Size and shape of windows
window and door to match main building.
openings
Brick or stone masonry in Same materials as on main
Entry Level Wall Materials
historic size and pattern.building.
Cement Stucco. Wood
lap, vinyl, cementitious,
or drop siding with
maximum 5 inches
exposed.
Front YardGarage/Alley
Entry Level Wall TechniqueHistoric window, door, and Historic window and door
porch detailing. Main detailing to match main
entry from roofed porch.building.
Porch optional with a
minimum 8-foot depth,
but no less than 5 feet
from sidewalk/curb.
(Prior Code, § 10.13A) (Am. Ord. 546, passed - -) Penalty, see § 10.99
ALL OTHER SECTIONS SHALL REMAIN UNCHANGED
th
ADOPTED
by the Hastings City Council on this 20 day of January, 2009.
_________________________________
Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Melanie Mesko Lee, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance
presented to and adopted by the City of Hastings, County of Dakota, Minnesota,
th
on the 20 day of January, 2009, as disclosed by the records of the City of
Hastings on file and of record in the office.
_____________________________________________
Melanie Mesko Lee, City Clerk
( SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033
Memo
To:Planning Commission and City Council
From: Heritage Preservation Commission
Date: 12/16/2008
Subject: Ordinance amendment regarding demolition in the OHDS
The Heritage Preservation Commission’s goal is preserving the historical character and fabric of
the City. Our review responsibility lies only with the designated historic properties and districts.
While the HPC understands that the Original Hastings Design Standards are not meant to
preserve the historical fabric of the buildings, the intent statement of the OHDS states that its
purpose is to “preserve and enhance traditional neighborhood design by reflecting the general
characteristics of buildings dating from 1845 to 1940, the predominate era for building
construction within the OHDS District.” For this reason the HPC believes that it is essential for
the Planning Commission and City Council to review proposed demolitions to determine if they
would have an adverse effect or will be a positive step for the preservation of the traditional
neighborhood.
The HPC believes the ordinance should be modified to address demolitions with some criteria;
for example:
(1) Does the building make a prominent and positive contribution to the traditional character of
the neighborhood or is it not typical or even incompatible with the traditional appearance?
(2) Does the existing condition warrant demolition; is the building badly deteriorated or unsafe?
(3) Is the existing building a nuisance; is causing other problems for the neighborhood?
(4) What does the owner intend to do with the vacant lot; open space or new building site?
(5) If a new building is intended, does the owner have a design compatible with the OHDS
guidelines?
Thank you for considering our recommendation,
Heritage Preservation Commission
JJF