The Community Development Department is responsible for oversite and administration of several City commissions. While reviewing Chapter 14, Article 9 of the UDO for necessary text updates, staff has identified procedural changes to the historical designation code to better streamline the process and reduce redundancies for applicants seeking designations to Conservation, Historic, and Historic Landmark Overlay Districts.
After review and consideration, staff recommends the following amendments to the UDO:
Chapter 14, Article 9 Section 14-906/CD Conservation Overlay District
1. 14-906-07 Nominations for designation of conservation districts
Change notifications to property owners from certified mail to regular mail along with other text updates.
2. 14-906-08-A
Update to reference article 14-700.
3. 14-906-08-B
Make recommendation to City Council rather than Planning Commission.
4. 14-906-08-C
Have public hearings held by City Council only.
5. 14-906-08-D
Heritage Commission must adopt a resolution in support or denial of the application and submit a report to Council with supporting documentation. City Council shall hold a new evidence public hearing as provided in section 14-700.
6. 14-906-09 Interim Control
Remove reference to Planning Commission.
Chapter 14, Article 9 Section 14-907/HD Historic Overlay District
1. 14-906-04 Development/design standards
Authorizing the Heritage Commission to propose a /HD district to City Council.
2. 14-906-05 Nominations for designation of historic districts
Change notifications to property owners from certified mail to regular mail along with other text updates.
3. 14-906-07-A Generally
Added language to update the zoning district map with Historic District /HD designations that are approved with boundaries outlined in the staff report.
4. 14-907-09 Action by Planning Commission
Removes this section as reference pertaining to Planning Commission holding a public hearing and forwarding a recommendation to City Council.
5. 14-907-10 Action by City Council
Removes reference to Planning Commission, and updates public hearing section to 14-700. Clarifies date before resubmittal after a decision of denial.
Chapter 14, Article 9 Section 14-908/HL Historic Landmark Overlay District
1. 14-908-03 Reports and recommendation of Heritage Commission
Added language to update the zoning district map with Historic District /HD designations that are approved with boundaries outlined in the staff report.
2. 14-908-05 Action by Planning Commission
Removes this section as reference pertaining to Planning Commission recommendation.
3. 14-908-06-A
Removes reference of Planning Commission.
4. 14-908-06-B
Removes this section as reference pertaining to Planning Commission recommendation.
5. 14-908-06-C
Removes reference to Planning Commission receiving copy of designation. Clarifies date before resubmittal after a decision of denial.
6. 14-908 /HL properties established
Updates list of properties with Historic Landmark designation to include the Silver Heart Inn, located at 1114 South Noland Road.
Staff believes the proposed amendments will better serve our community while streamlining the review process and recommendations of these historic and conservation overlays. These proposed changes were reviewed and recommended by the Heritage Commission on October 3, 2023.
Draft Planning Commission minutes:
"Case 23-175-07 - UDO Amendment #61 – Historic Conservation Overlay
Staff Presentation
Tom Scannell reviewed the background information on the City Code pertaining to the Historic Conservation Overlay. Mr. Scannell stated the Community Development Department is responsible for oversite and administration of several City commissions. While reviewing Chapter 14, Article 9 of the UDO for necessary text updates, staff has identified procedural changes to the historical designation code to better streamline the process and reduce redundancies for applicants seeking designations to Conservation, Historic, and Historic Landmark Overlay Districts. Mr. Scannell reviewed the following changes:
Chapter 14, Article 9 Section 14-906/CD Conservation Overlay District
1. 14-906-07 Nominations for designation of conservation districts
Change notifications to property owners from certified mail to regular mail along with other text updates.
2. 14-906-08-A
Update to reference article 14-700.
3. 14-906-08-B
Make recommendation to City Council rather than Planning Commission.
4. 14-906-08-C
Have public hearings held by City Council only.
5. 14-906-08-D
Heritage Commission must adopt a resolution in support or denial of the application and submit a report to Council with supporting documentation. City Council shall hold a new evidence public hearing as provided in section 14-700.
6. 14-906-09 Interim Control
Remove reference to Planning Commission.
Chapter 14, Article 9 Section 14-907/HD Historic Overlay District
1. 14-906-04 Development/design standards
Authorizing the Heritage Commission to propose a /HD district to City Council.
2. 14-906-05 Nominations for designation of historic districts
Change notifications to property owners from certified mail to regular mail along with other text updates.
3. 14-906-07-A Generally
Added language to update the zoning district map with Historic District /HD designations that are approved with boundaries outlined in the staff report.
4. 14-907-09 Action by Planning Commission
Removes this section as reference pertaining to Planning Commission holding a public hearing and forwarding a recommendation to City Council.
5. 14-907-10 Action by City Council
Removes reference to Planning Commission, and updates public hearing section to 14-700. Clarifies date before resubmittal after a decision of denial.
Chapter 14, Article 9 Section 14-908/HL Historic Landmark Overlay District
1. 14-908-03 Reports and recommendation of Heritage Commission
Added language to update the zoning district map with Historic District /HD designations that are approved with boundaries outlined in the staff report.
2. 14-908-05 Action by Planning Commission
Removes this section as reference pertaining to Planning Commission recommendation.
3. 14. 14-908-06-A
Removes reference of Planning Commission.
4. 14-908-06-B
Removes this section as reference pertaining to Planning Commission recommendation.
5. 14-908-06-C
Removes reference to Planning Commission receiving copy of designation. Clarifies date before resubmittal after a decision of denial.
6. 14-908 /HL properties established
Updates list of properties with Historic Landmark designation to include the Silver Heart Inn, located at 1114 South Noland Road.
Mr. Scannell stated the proposed amendments will better serve our community while streamlining the review process and recommendations of these historic and conservation overlays. He noted these proposed changes were reviewed and recommended by the Heritage Commission on October 3, 2023.
Public Comments
No public comments.
Commissioner Comments
In response to Commissioner Nesbitt, Mr. Scannell said after they went through the nomination for the Silver Heart Inn, they decided the process needed to be easier. Mr. Scannell stated the Heritage Commission is not televised but holds a public hearing with notices going out to the areas and goes to a public hearing with City Council.
In response to Commissioner L. Wiley, Mr. Scannell stated, they do not have an example of a conservation issue in the last decade.
In response to Commissioner L. Wiley, Wendy Shay the historic preservation manager for the City, said the intent behind conservation districts are to protect areas that have a lower of historic integrity, but we would still want street scape features or built features to be protected.
In response to Commissioner L. Wiley, Ms. Shay stated Golden Acres was approached prior, and was not interested, but has reached out recently about getting the conversation started again on a new district. Ms. Shay said, the Historic Preservation division worked on a master plan of areas that were eligible for historic district, or a conversation district, she can reach out to those areas, but typically the neighborhoods reach out.
In response to Commissioner L. Wiley, Ms. Shay stated, the designation process recognizes that property for its historical or architectural significance. Ms. Shay said the designation process looks like a zoning change when the Planning Commission is involved, and neighborhoods get concerned about what it means. Ms. Shay stated this is a completely separate process, if it had zoning involved as well it would still come to Planning Commission.
In response to Chairwomen McClain, Ms. Shay said that a Conservation district is the same, but the level of review is a little bit lower with design guidelines that are dictated by the neighbors that live there.
In response to the Commissioners concerns, Mr. Scannell stated the Conservation district is for areas that want to be considered Historic and is the lowest level, it is still the same process as the Historic District.
Motion
Commissioner Nesbitt made a motion to approve Case 23-175-07 - UDO Amendment #61 – Historic Conservation Overlay. Commissioner H. Wiley seconded the motion. The motion failed with zero affirmative votes."