File #: 15-238    Version: Name:
Type: Ordinance Status: Deferred
File created: 6/25/2015 In control: City Council
On agenda: 11/10/2015 Final action: 11/10/2015
Title: Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Historic Preservation Commission to ADOPT an ORDINANCE Amending Article 16, the HISTORIC PRESERVATION ORDINANCE, of the CODE of the City of Peoria with Respect to Various Items.
Attachments: 1. ORD NO 17,291, 2. Attachment A to Memo - Ordinance, 3. Attachment B to Memo - Commission Minutes - April, 4. Attachment C to Memo - Commission Minutes - September, 5. Attachment D to Memo - Commission Minutes October

ACTION REQUESTED: 

Title

Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Historic Preservation Commission to ADOPT an ORDINANCE Amending Article 16, the HISTORIC PRESERVATION ORDINANCE, of the CODE of the City of Peoria with Respect to Various Items. 

 

Body

BACKGROUND: 

At the March 25th and June 24th Historic Preservation Commission meetings, Staff provided a summary of proposed changes to the Historic Preservation Ordinance and the Commission provided input and direction on the proposed changes.  On July 14th, the City Council remanded the item back to the Historic Preservation Commission for further discussion.  At the August Historic Preservation Commission meeting, Commissioners requested a report back on demolitions in the past two years.  This was provided to the Commission at the September Commission meeting, which showed that there were 199 demolitions in the past two years with 5 occurring in a historic district or landmark.  The Commission then voted to approve the proposed changes with a modification to the reference for unsafe and dangerous buildings, to only reference items (2), (5), and (6) of Section 5-402 of the City Code.  At the October 13, 2015 City Council meeting, the Council again remanded the item back to the Historic Preservation Commission for further discussion specific to vinyl siding and demolitions.  On October 28, 2015, at its regularly scheduled Historic Preservation Commission meeting, the Commission discussed the suggestions provided by City Council members at the October 13, 2015 City Council Meeting.  The attached ordinance includes those changes that were discussed/requested at the Historic Preservation Commission meetings.

 

The following table summarizes the proposed ordinance changes and notes modifications made at the October 28th Historic Preservation Commission, with Commission and Staff recommendations (changes based on the October 28th HPC meeting are noted in bold and italics), for quick reference:

 

Item

Description

Code  Sect.

Commission Recommendation (Ordinance A)

Staff Recommendation (Ordinance B)

1. Unsafe or dangerous building

Further defined what constitutes an unsafe or dangerous building by referencing Section 5-402 (2), (5), & (6) of the City code.

16-6(a)

Approve

Approve  (Agreed upon at the October 28th HPC Meeting)

2. Secretary Role

Per discussion by the Commission, this item was removed from the Ordinance, as City Staff fills that role. 

16-36(d) (e)

Approve

Approve

3. Multiple Message

Added language to prohibit electronic multiple message signs in local historic districts and landmarks.

16-62(a) (10)

Approve

Approve

4. Vinyl Siding

The original proposal by the HPC was to prohibit vinyl siding on the front of structure on historic landmarks or in historic districts.  This was proposed by the Commission in an effort to reduce Staff and Commission time, by not processing cases that the Commission would not approve, as the Commission felt that vinyl was inappropriate on the front of historic structures.      At the October 28th HPC meeting, after much discussion, the Commission concluded that there are now many appropriate alternatives to vinyl siding available and agreed that it would be beneficial to the property owners to hear all cases regarding siding replacement and make a determination on a case by case basis.    This conclusion does not require a change to the Historic Preservation Ordinance, as siding changes already require a major Certificate of Appropriateness

16-62(a) (11)

No longer proposed - Commission agreed

No longer proposed -  Staff agreed

5. Unhealthy or dying landscaping

Added unhealthy and dying landscaping as an administrative approval. 

16-63(a) (2)

Approve

Approve

6. Driveways

Added driveways as an administrative approval if the proposed improvements comply with applicable Zoning Ordinance or Land Development Code requirements

16-63(a) (2)

Approve

Approve

7. Demolition Process

Currently a structure in a local historic district or designated as a local landmark can be demolished if the Director of Community Development certifies that the demolition is required by the public safety because of an unsafe or dangerous condition.  At the October 28th HPC meeting, the Commission determined that another department, other than the Community Development Department, would suffice in certifying an emergency demolition.  The Commission also requested that a report be provided on an emergency demolition at the next regularly scheduled HPC meeting following the demolition. 

16-6

Approve  (Agreed upon at the October 28th HPC Meeting)

Approve  (Agreed upon at the October 28th HPC Meeting)

8. Enforcement Process

Currently when a violation is found in a historic district or on a local landmark, notice must be sent to the property owner by certified mail. When tickets are issued the cases are heard by the County court; however, all other City Code violations are now heard by the Administrative Hearing Officer. Staff is proposing that notice be provided to the property owner but not by certified mail and that when tickets are issued the cases are heard by the Administrative Hearing Officer.

16-66

Approve

Approve

 

The proposed code changes further streamline the review process, increasing approvals that can take place administratively and address some items of concern to the commission including vinyl siding, multiple message signs, and demolitions. 

 

Historic Preservation Commission Action at the October 28, 2015 HPC Meeting:

The Historic Preservation Commission VOTED 4 TO 1 TO APPROVE the with the elimination of Item No. 4: Vinyl Siding; referencing items 2, 5, & 6, of Chapter 5-402 of the City Code related to unsafe or dangerous buildings; approve Item No. 7: Demolitions with the requirement of a second signature from a department other than Community Development and to provide a report to the commission with an explanation of the demolition at the next regularly scheduled HPC meeting following the demolition.

 

FINANCIAL IMPACT:  N/A 

 

NEIGHBORHOOD CONCERNS:  One resident, representing the Central Illinois Landmark Foundation, expressed concern about the current demolition process, indicating that structures are often taken down too quickly without the opportunity to salvage historic materials. 

                     

IMPACT IF APPROVED: The Historic Preservation Ordinance will be amended. 

 

IMPACT IF DENIED:  The Historic Preservation Ordinance will not be amended. 

 

ALTERNATIVES: N/A

 

EEO CERTIFICATION NUMBER: N/A

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Not applicable.                     

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Not applicable.                     

 

DEPARTMENT: Community Development