[MissoulaGov] Historic Preservation Ordinance

Joe Easton joe at joeeaston.com
Tue Oct 27 10:36:18 MDT 2009


Council, and Mr. Mayor:

 

Please consider the following amendments to the draft Historic Preservation
Ordinance currently in front of PAZ:

 

.         Add to 20.30.015, "(or the principal criteria addressed by the
zone classification:  i.e. use, setbacks, height, ground cover, etc.)". So
that any review by the Historic Preservation Officer or the Commission be
unable to restrict the capacity allowed by the underlying zoning.  For
example, in the CBD, the zone allows full-envelope construction and up to 12
stories.  Any review could not limit the ability of new construction to use
the full capacity of its zone.

 

*	Add to Definitions: "Determination of Eligibility  is a finding,
through SHPO consensus or Keeper of the National Register determination,
that the property meets the criteria for eligibility in the National
Register of Historic Places".  So that the demolition delay, and the HPP
itself, only apply to properties that are determined eligible for Listing on
the Historic Register.  Being determined as 'eligible' requires owner
consent and participation, while being determined as a 'contributing
resource' was simply a list created by the Preservation Officer without
property owner participation.

And edit the definition of Historic Resource to read, "Historic Resource
includes designated improvements, buildings, structures, signs, objects,
features, sites, places, and landscape elements or features, as well as
Landmarks, which are listed on the National Register of Historic Places, or
have received a Determination of Eligibility (definition above). By striking
'Historic Districts' from this definition, it clarifies that the ordinance
applies only to structures that are Listed, or determined to be Eligible,
not applying to every piece of property in the entire District.

 

.         That the ordinance not apply to the Downtown Historic District
until a group of downtown stakeholders determine a set of design guidelines
for Downtown specifically.  I think it is widely acknowledged that within
the CBD there is, and should be a wider expression of architectural styles
and expressions.

 

 

.         In 20.30.50, strike "or any contributing or non-contributing
property in an Historic District listed in the National Register,". So that
only Listed or Eligible properties in the District are subject to review.
It is not necessary that a new structure on a parking lot, or demolition of
a building built in 1970 and its subsequent new construction be subject to
demolition review and a Historic Preservation Permit.

 

.         In 20.30.096 (1), strike a. through e., as the HPP review should
not be able to restrict the capacity allowed by the underlying zoning.

 

 

Thank you for your service and consideration,

 

Joe Easton

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