[MissoulaGov] historic preservation ordinance

[Roger Millar]

I think so. On Wednesday I recommended to City Council that the
ordinance apply to any structure that is in the National Register of
Historic Places and to any contributing structure in a Historic District
that is in the National Register of Historic Places. Under that scenario
if you had to demo a structure on the list to build a new building you'd
be subject to the review process. If you built a new building on a
vacant parcel or had to demo a non-contributing building to build a new
one you would not be subject to the review process.
 
Roger M. Millar, PE, AICP
Director
Missoula City-County Office of Planning & Grants
435 Ryman Street
Missoula, MT 59802-4292
 
Phone:  (406) 258-4657
Fax:  (406) 258-4903
 
 
 
üPlease consider your environmental responsibility before printing this
e-mail.



>>> "Rod Austin" <raustin at missouladowntownbid.org> 6/12/2009 4:45 PM

>>>

Roger,
Isn't this pretty close to what you suggested? Thanks. Rod

-----Original Message-----
From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of
joe at joeeaston.com
Sent: Friday, June 12, 2009 4:03 PM
To: joe at joeeaston.com; hdgray at modwest.com;
missoulagov-bounces at cmslists.com; Roger Millar
Cc: bjaffe at ci.missoula.mt.us; missoulagov at cmslists.com
Subject: Re: [MissoulaGov] historic preservation ordinance

(ooops... I was txting while driving)

That these proposed design standards not apply to *every* new
construction in any historic district... Especially Downtown.

Jme
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: joe at joeeaston.com

Date: Fri, 12 Jun 2009 21:58:45 
To: <hdgray at modwest.com>; <missoulagov-bounces at cmslists.com>; Roger
Millar<rmillar at co.missoula.mt.us>
Cc: <bjaffe at ci.missoula.mt.us>; <missoulagov at cmslists.com>
Subject: Re: [MissoulaGov] historic preservation ordinance


I would support the draft ordinance if :

There was very clearly no opportunity for any structure in any historic
district to be conscripted to The List; and 

That there not be
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: hdgray at modwest.com

Date: Fri, 12 Jun 2009 15:27:25 
To: Roger Millar<rmillar at co.missoula.mt.us>
Cc: "Donahue, Janet <janetdonahue" <>,<Invalid address>;
<bjaffe at ci.missoula.mt.us>; <missoulagov at cmslists.com>
Subject: Re: [MissoulaGov] historic preservation ordinance


Everyone,

It appears from the conversations that the historic Preservation
groups
are essentially trying to have the city seize private property from
the
it's owners without compensation with this proposed ordinance.

Roger stated below he recommends that the ordinance only apply to
properties that are already in the National Register but, not
necessarily
with the property owner's permission. In the Ordinance a building
permit
could not be issued without a certificate of appropriateness. Why are
the
Historic Preservation Groups so willing to take away Citizens property
and
rights to meet their goals in place of asking the historically
significant
property owners to add preservation measures to their Deeds for the
purpose of historical preservation?  Proactive and grassroots work by
the
Historic Preservation groups to work with building owners could go a
long
way towards protecting City treasures without creating such a negative
impression of what Historical Preservation is and how it should be
done.

Sincerely,
David V. Gray


> Janet,

>

> Googling "Historic Preservation Ordinance" resulted in 670,000 hits.

We

> must not be unique! You might want to try the National Alliance of

> Preservation Commissions (http://www.uga.edu/napc/index.htm) or the

> National Trust for Historic Preservation

> (http://www.preservationnation.org/) as resources.

>

> The draft ordinance was prepared by the Historic Preservation

Commission

> (HPC) with the help of Michelle Bryan Mudd and the Land Use Clinic at

the

> UM Law School. The Clinic reviewed numerous similar ordinances

throughout

> the United States in the preparation of the draft.

>

> Per the draft ordinance:

>

>             Historic Resource includes designated improvements,

buildings,

> structures, signs, objects, features sites, places, Historic

> Districts, and landscape elements or features, as well as

> Landmarks, which are listed, or have been determined to be

> eligible for listing, in the National Register of Historic

> Places.

>

> Also per the ordinance:

>

> 20.67.50        Designation Criteria for an Historic Resource.

> The City recognizes that within its jurisdiction there exist

significant

> Historic Resources that should be protected.  Accordingly, any

property

> listed in the National Register, or that has received a determination

of

> eligibility for the NRHP, is automatically classified as an Historic

> Resource that is subject to this Chapter and included in the Local

> Inventory. The City also recognizes that the federal process of

listing a

> property in the National Register does not require that the property

be

> protected.

>

> Criteria for Evaluation

>

> The quality of significance in American history, architecture,

archeology,

> engineering, and culture is present in districts, sites, buildings,

> structures, and objects that possess integrity of location, design,

> setting, materials, workmanship, feeling, and association, and:

> A. That are associated with events that have made a significant

> contribution to the broad patterns of our history; or

> B. That are associated with the lives of persons significant in our

past;

> or

> C. That embody the distinctive characteristics of a type, period, or

> method of construction, or that represent the work of a master, or

that

> possess high artistic values, or that represent a significant and

> distinguishable entity whose components may lack individual

distinction;

> or

> D. That have yielded or may be likely to yield, information important

in

> prehistory or history.

> As drafted the ordinance would apply to properties in the National

> Register and properties that have received a determination of

eligibility

> to be in the National Register. I have recommended that City Council

> consider limiting the application to just properties that are

actually in

> the National Register and deleting the eligible properties. This

would

> help to insure that property owners did not object.

>

> From the National Park Service web page:

>

> During the time the State Historic Preservation Officer is reviewing

the

> proposed nomination, property owners and local authorities are

notified.

> All property owners are given the opportunity to comment on the

> nomination. Owners of private property are given the opportunity to

concur

> in or object to the nomination. If the owner of a private property

(or the

> majority of such owners of a property) or a district with multiple

owners

> object to the nomination, the State Historic Preservation Officer

forwards

> the nomination to the National Park Service only for a determination

about

> whether the property is eligible for listing. If a majority of

private

> property owners do not object, the State Historic Preservation

Officer may

> approve the nomination and forward it to the National Park Service to

be

> considered for listing. If the property is approved by the National

Park

> Service, it is officially entered in the National Register.

>

> Other useful stuff:

> A map of historic resources in Missoula can be found at:

>

ftp://www.co.missoula.mt.us/opgftp/Maps/UFDA/LowResMaps/HistoricResources.pdf

> As drafted, any decision of the Historic Preservation Officer or the

HPC

> would be appealable to the BOA. This language is in the Code Chapter

> authorizing the HPC in the proposed new Zoning Code (Section

20.90.030). I

> have recommended to City Council that they consider shifting the

appeal

> from the BOA to the City Council.

> As drafted, the standard criteria for evaluating appropriateness

would be

> the Secretary of the Interior's Standards for Rehabilitation (36 CFR

Part

> 67). Property owners within historic districts would also be able to

ask

> City Council to adopt (through the zoning code amendment process)

> district-specific standards.

> Hope this helps. I am looking forward to a thorough, public

discussion of

> the HPC proposal.

>

> Roger

>

>

> Roger M. Millar, PE, AICP

> Director

> Missoula City-County Office of Planning & Grants

> 435 Ryman Street

> Missoula, MT 59802-4292

>

> Phone:  (406) 258-4657

> Fax:  (406) 258-4903

>

>

>

> ü Please consider your environmental responsibility before printing

this

> e-mail.

>

>>>> Janet Donahue <janetdonahue at msn.com> 6/11/2009 4:30 PM >>>

> Bob,  Are there similar ordinances throughout the United States that

could

> be compared to this one?  What is the definition of an "Historic

> Resource"?

>

> Thanks,

>

> Janet

>

>

>

>

>

>

>

>

>

> Date: Thu, 11 Jun 2009 15:28:41 -0600

> From: BJaffe at ci.missoula.mt.us

> To: missoulagov at cmslists.com

> Subject: [MissoulaGov] historic preservation ordinance

>

>

> Here is the link to the draft ordinance:

>

http://www.ci.missoula.mt.us/DocumentView.aspx?DID=1488_______________________________________________

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