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HomeMy WebLinkAboutPackets - Historic Preservation Commission (110) j2AA,Loir2,e4 ** AMENDED AGENDA Oro Valley Historic Preservation Commission 4-& Monday,August 11,2008 Town of Oro Valley Council Chambers � ' � 04) � fo)' 11000 N. La Canada Drive Cada- I. Call to Order: at of after 5:00 p.m. A,"a J Q H. Roll Call. � 73/ 70 /0 III. Call to the Audience. IV. Approval of July 14,2008, minutes. P e tt V. * Discussion of Historic Preservation Issues with Representatives of State Historic Preservation Commission (SHPO). VI. Discussion and possible action regarding HPC Rules and Procedures. VII. Discussion and possible action on the proposed amendments to the Historical Preservation Code. VIII. Discussion and possible action regarding Steam Pump Ranch. IX. Discussion and possible action regarding HPC Work Plan. a. CLG Application b. Cultural Resource Inventory Plan c. Budget d. Community Outreach e. Process Plan for Historic Designation f. Role of the HPC g. Training h. Santa Cruz Heritage Alliance X. Discussion and possible action regarding National Alliance of Historic Commissions. XI. Announcements. XII. Items for future agendas. XIII. Adjourn. POSTED: 08 07 08 **AMENDED AGENDA POSTED: 08 08 08 11:00 a.m. 11:00 a.m. ejk ejk The Town of Oro Valley complies with the Americans with Disabilities Act(ADA). If any person(s) with a disability needs any type of accommodation, please notify the Town Clerk's office at (520) 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Commission during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Commission on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Chair announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident.. 2. Speak only on the issue currently being discussed by Commission. Please organize your speech, you will only be allowed to address the Commission once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience"you may address the Commission on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. "Notice of Possible Quorum of the Oro Valley Town Council and the Planning and Zoning Commission: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council or Commission may attend the above referenced meeting as a member of the audience only." APPROVED MINUTES ORO VALLEY HISTORIC PRESERVATION COMMISSION REGULAR SESSION August 11, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE I. Call to Order: at 5:00 p.m. II. Roll Call. PRESENT: Chair Bob Baughman Vice Chair Daniel Zwiener Commissioner Patrick Foley Commissioner Pat Spoerl Commissioner Valerie Pullara Commissioner Lois Nagy Also present: Salette Latas, Council Member Sarah More, Planning and Zoning Director Scott Nelson, Special Projects Coordinator Lexa Mack, Town Civil Attorney Diane Chapman, Senior Office Specialist III. Call to the Audience opened and closed with no speakers. IV. Approval of July 14, 2008, minutes. MOTION: Vice Chair Zwiener MOVED to approve the July 14, 2008, Historic Preservation Commission minutes. Commission Nagy seconded the motion. Motion carried: 6:0. V. Discussion of Historic Preservation Issues with Representatives of State Historic Preservation Commission (SHPO). Jim Garrison, State Historian, State Historic Preservation Office, Phoenix, came to the Historic Preservation Commission (HPC) meeting because he had heard that HPC was not hearing back from SHPO. It appears the issues revolve around: Steam Pump Ranch (SPR) development and Certified Local Government (CLG). CERTIFIED LOCAL GOVERNMENT: Local communities may be certified as a CLG if they have an ordinance and a historic preservation commission and meet certain requirements that are established in the National Historic Preservation Act as amended about 1980. Historic properties are usually, but don't have to be, over 50 years old. There are no restrictions on the number or type of historic buildings to be able to be certified. August 11, 2008 Approved Historic Preservation Commission meeting minutes What is the resource base and what will become eligible? New buildings should be built to be able to certify in 50 years. You want to have something that has a sense of place, a purpose and a relationship to the environment. The requirements for being a CLG are: - Having an Ordinance - Having a Commission - Try to represent history, architecture and archaeology on the Commission to the best of your ability. - Meet at least 3 times a year. - In the Ordinance, you review changes to properties. - Have a design review function within the ordinance. - Survey for historic properties. - Make sure historic properties are preserved and control the uses to protect the properties. This is an enabling legislation. A Historic District is a powerful tool to control the character of a neighborhood. If the Town becomes a certified local government, there is a contract signed between the Mayor and Council and the SHPO office. If certified, SHPO will be able to assist in some of these activities if necessary. The funds help cover soft costs for ordinance revisions, surveying, nominations, workshops, and training. SHPO will review application and see if there is anything else they need. They will need to see an inventory of potential properties. Comments from Commissioners and staff: -The Town has been pursuing CLG status prior to HPC being established. -There are a lot of areas that would fall under historic designation. -We don't have the professional resources on staff. -The Town has grown from 2.6 square miles to 36+ square miles. -There is an interest in doing a survey. Ms. More stated the Town Council has in this FY budget identified $50,000 to start work on an inventory for the Town. That may be the inventory we need to become certified. We have had some modest training. Mr. Garrison assured the Commission that they are not reluctant to certify. We have certified every community that has followed the requirements. Technical issues have kept communities from becoming certified. Once in program, it is self-monitoring. SHPO applauds Oro Valley for taking this step. Roxy Johnson, Oro Valley resident, stated that even though Oro Valley was incorporated in 1974, it has been lived in for many years before. It is important to preserve Steam Pump Ranch and other historic properties. 2 August 11, 2008 Approved Historic Preservation Commission meeting minutes Mr. Garrison said that the next steps towards becoming certified will be for SHPO to look over the file and talk to the archaeologist. They will need to see the new ordinance. Within 30 days SHPO will send a letter back to the Mayor, with a copy to staff, with any concerns and give a timeline for when designation may occur. STEAM PUMP RANCH: Commissioner Spoerl gave a PowerPoint presentation showing the SPR map and pictures of buildings. Mr. Garrison presented a map of SPR showing the recommended boundary for the nomination of the designated site. SHPO would like to see the National Register nomination boundary as tight a possible around the buildings, which gives more freedom to add support buildings with more contemporary uses outside the boundary. It may not be necessary to treat the whole area as historic. Leaving the area where the stock were outside the boundary allows for interpretative use and more freedom, for such things as a petting zoo, ponies, meeting rooms, etc. He suggested not freezing the whole ranch in time, i.e. the two periods of history. That is all allowable within the concept of rehabilitation. TREATMENT: The end product should be treated with respect. Treatment becomes an ongoing management issue. Functionality should help to preserve the property. Currently, the National Park Service recognizes four treatments: 1. Preservation - Maintaining property as you have it right now. Don't add or take anything away as of the date of district nomination. 2. Restoration - Returning the property to a specific point in time. This is very expensive to do accurately and should be thought out very carefully. Can it be done without making part of it faux? 3. Rehabilitation - Putting a property into contemporary use while maintaining those features and areas that make the building eligible and worthy of preservation. 4. Reconstruction - You have to have a historic property in order to preserve it. If you don't have it, and you are going to reconstruct it, when you reconstruct it, you still don't have a historic property because it is brand new. Reconstruction should be applied to a historic district. You can't reconstruct something that is not gone. Mr. Garrison encouraged exploring alternatives that may be more cost effective, and answer questions before deciding upon a treatment. Interpretation is the goal and should drive the treatment. A cash flow is needed to maintain the property. There was an amendment to the National Historic Preservation Act in 1992 to the definition of historic preservation. The word "reconstruction" was taken out of the NPA. Development interpretative plan and then decide treatment. Mr. Nelson told Mr. Garrison that the Town has a Transportation Grant (TE) before Pima Association of Governments (PAG). PAG loved the project, but because SHPO's 3 August 11, 2008 Approved Historic Preservation Commission meeting minutes recommendation was to keep the Pumphouse building as a ruin, it dropped the Town's rating. The Grant won't be moved forward to State level if SHPO wants to keep the Pumphouse building as a ruin. Mr. Garrison said that SHPO could write a letter for the TE grant. There are challenges with any treatment the Commission chooses. SHPO will agree with either treatment the HPC decides. Break: 5 minutes MOTION: Vice Chair Zwiener MOVED to continue agenda items XIII, IX, and X to the next Historic Preservation Commission meeting. Commissioner Spoerl seconded the motion. Motion carried 6:0. VI. Discussion and possible action regarding HPC Rules and Procedures. Attorney Mack said that as the Rules and Procedures read now, site tours are like study sessions and would need minutes taken, etc. The Town Council policy on site tours is that it is a tour only and not a public meeting, which accommodates concerns about open meeting laws. Ms. More said that having to take minutes for a site tour would create logistical difficulties. Chair Baughman was not adverse to the Council's approach. MOTION: Commissioner Pullara MOVED to accept Town Council policy on site tours for HPC. Commissioner Nagy seconded the motion. Discussion: Vice Chair Zwiener asked is the reasoning behind this is we want to preserve a collaborative process, as well as provide for a better treatment of the process and prevent controversy? Chair Baughman said that adopting the Town Council policy will not interfere with the collaborative process. Motion carried, 6:0. VII. Discussion and possible action on the proposed amendments to the Historical Preservation Code. The Historic Preservation Code handout showed minor housekeeping changes as indicated in the margins. (See attached) MOTION: Commissioner Nagy MOVED to approve the amendments as discussed (and as indicated in the attached copy of the Historic Preservation Code). Vice Chair Zwiener seconded the motion. Motion carried, 6:0. 4 August 11, 2008 Approved Historic Preservation Commission meeting minutes VIII. Discussion and possible action regarding Steam Pump Ranch. Continued. IX. Discussion and possible action regarding HPC Work Plan. Continued. X. Discussion and possible action regarding National Alliance of Historic Commissions. Continued. Xl. Announcements. Mr. Nelson said he has received notice from the Historic Preservation Grant consultant, Vivia Strand, that the Town's Historic Preservation Heritage Grant is being recommended to be funded at the August 19 meeting. The recommended grant award is for $111,000. - The National Preservation Conference is October 21 through 25 in Tulsa, OK. - Mr. Garrison said HPC should consider the Steam Pump Ranch project as a legacy project and submit it as a Certified Legacy Project by the Arizona Historical Advisory Commission. See website: AZCentennial.gov The State and City of Phoenix are trying to have National Trust for Historic Preservation have the 2012 Conference in Phoenix. (Make an agenda item) XII. Items for future agendas. - Historical Society would like to make a presentation for a historical garden at Steam Pump Ranch. - Centennial projects. XIII. Adjourn. MOTION: Commissioner Spoerl MOVED to adjourn the HPC meeting. Vice Chair Zwiener seconded the motion. Motion carried, 6:0. The meeting adjourned at 7:30 p.m. Prepared by: Diane Chapman Senior Office Specialist 5 MINUTES ORO VALLEY HISTORIC PRESERVATION COMMISSION REGULAR SESSION July 14, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE I. Call to Order: 5:15 p.m. II. Roll Call. Present: Chair Bob Baughman Commissioner Pat Spoerl Commissioner Lois Nagy Commissioner Valerie Pullara Commissioner Patrick Foley Excused: Vice Chair Daniel Zwiener Also Present: Scott Nelson, Special Projects Coordinator Diane Chapman, Senior Office Specialist III. Call to the Audience opened and closed with no speakers. IV. Approval of June 9, 2008, minutes. MOTION: Commissioner Foley MOVED to approve the June 9, 2008, Historic Preservation minutes as presented. Commissioner Nagy seconded the motion. Motion carried: 5:0 V. Introduction of new commissioners. Chair Baughman introduced and welcomed new Commissioners Patrick Foley and Valerie Pullara. VI. Discussion and possible action of HPC Rules: Proposed additions to the Rules of the HPC Commission. Chair Baughman read the proposed additions to the Rules of the Commission. MOTION: Commissioner Spoerl MOVED that election to all offices shall be by public recorded vote. Commissioner Pullara seconded the motion. Motion carried 5:0. MOTION: Commissioner Nagy MOVED that election to office requires a majority of votes cast. If there are more than two candidates for an office, the candidate receiving the least number of votes in the first vote shall be disqualified for the next vote. If, in such a case, there is a tie for last place, the Chair shall by coin-toss or similar disinterested method, approved by the Commission, select the disqualified candidate. Commissioner Spoerl seconded the motion. Motion carried 5:0. MOTION: Commissioner Pullara MOVED that in the event of a vacancy in the office of Chair or Vice-Chair, an election shall be held to fill the remainder of the term. Commissioner Foley seconded the motion. Motion carried 5:0. No person shall be elected to an office which he is not willingto serve. The Commissioners felt there was no need for a motion to this effect. VII. Election of Officers Commissioner Nagy nominated Bob Baughman as Chair. There were e no other nominations. MOTION: Commissioner Nagy MOVED to elect by Bob Baughman as Chair of the Historical Preservation Commission. Commissioner Pullara seconded the motion. Motion carried: 5:0. Commissioner Spoerl nominated Daniel Zwiener as Vice Chair. There were no other nominations. MOTION: Commissioner Spoerl MOVED to elect Daniel Zwiener as Vice Chair of the Historical Preservation Commission. Commissioner Pullara seconded the motion. Motion carried: 5:0. VIII. Discussion of the position of Town Historian and HPC Rules. There will be a study session with Town Council (TC) on 7/30/08. There will be discussion regarding the Town Historian and HPC Rules. Chair Baughman gave a brief history of how the Town Historian came about. When Jim Kreigh was on the Commission as the Historian, the position was an ex-officio voting position. HPC has recommended to TC that the historian not be a voting member. If a person were appointed and later found they didn't have time to fill the position's duties, the TC would have to take action to dismiss the individual. The position currently does not have a term limit. The Commission may want to look at the specific ordinance and put together a packet of g recommendations for term limits, voting rights, contributions, etc. It may be time to make the position more formal. There should be documents specifying the Historian's duties. IX. Discussion and possible action regarding Steam Pump (SPR): Ranch Proposed letter to State Historic Preservation Office (SHPO) Re: Transportation Enhancement (TE) Grant Application Mr. Nelson gave an update on the Transportation Enhancement Grant. An application for the TE Grant has been submitted. After going through HPC and TC, theapplication went to Pima Association of Governments (PAG). The Town received rankingbeing of tied for 9th out of 12 applications. SHPO made a determination that theum house should p p remain a ruin and not be rehabilitated. The cost was projected to be $263,000. The Town has an opportunity to resubmit on 8/22/08. PAG staff has indicated that if SHPO's position were different, the advisory committee ranking members would look at it differently. They are concerned that without a SHP° endorsement it will not pass when it goes to the State board. We are asking for this Commission or the Mayor to write a letter. We have met with the Mayor, the Town Manager, the P&Z Director, and Linda Mayro, the Cultural Resource Manager in the Historic Preservation office. The thought process now is to set a meeting and go to Phoenix to meet with Bill Collins, Deputy SHP() Historian and the State Preservation Officer, James Garrison, to discuss 3 areas: 1. SPR Master Plan, 2. National Historic Designation, and 3. What are appropriate treatments for historic buildings? They need to be made aware that the IGA that the TC and Board of Supervisors passed talked about: rehabilitation, public funds that have gone into acquiring this property, and the extensive emergency stabilization of buildings. The anticipation is to get something official from them in writing. Mayor Loomis, Commissioner Spoerl, Sarah More, Scott Nelson and Linda Mayro would attend the meeting. Chair Baughman suggested taking an official position endorsing this line of approach and authorizing Commissioner Spoerl to speak in the name of the Commission. Mr. Nelson suggested authorizing a letter if needed. Chair Baughman didn't think another letter is needed from the Commission, but one from Commissioner Spoerl listing her qualifications and why she is an expert on this subject. MOTION: Chair Baughman MOVED that the Commission endorse the position Mr. Nelson has outlined and authorize Commissioner Spoerl to write a letter to speak for HPC. Commissioner Foley seconded the motion. Discussion: It may be appropriate for a letter to go to PAG instead of SHPO. Motion carried 5:0. X. Discussion and possible action regarding HPC Work Plan. Decisions need to be made delegating responsibility for actions on the Work Plan. a. Certified Local Government (CLG) - Chair Baughman explained what the CLG designation is for the new members. Mr. Nelson at the Commission's request, contacted CLG Coordinator, Bob Frankeberger, who will take a further look at the application. It has been more than 90 days since the request was originally sent in. Mr. Nelson recommended sending a letter asking for the official position. Mr. Nelson and Commissioner Spoerl will coordinate in drafting a follow-up letter from the Mayor. MOTION: Commissioner Foley MOVED to authorize Commissioner Spoerl to prepare a draft letter for the Mayor to take with him to Phoenix to the State Historic Preservation Office urging the completion of the acceptance of HPC's CLG grant 3 application. Commissioner Pullara seconded the motion. AMENDMENT TO THE MOTION: Commissioner Spoerl MOVED to AMEND the motion to say a letter be prepared and signed by the Mayor, not necessarily to take with him, depending on the timing of the meeting. The letter should go to SHPO with the thought that if the meeting is too far distant that the letter be sent and a response requested. Commissioner's Foley and Pullara agreed with the friendlyamendment. Motion carried 5:0. Chair Baughman would like to postpone taking further action on the Work Plan today. He intends to bring recommendations to the next meeting about the addition or deletion of items on the Work Plan. Santa Cruz Heritage Alliance: Chair Baughman will check with Council Member Latas to see if she is still interested in being the liaison. If she is not, a new liaison will be selected at the next meeting. Xl. Discussion and possible action regarding National Alliance of Historic Commission. National Alliance has been joined. Information is needed regarding benefits of membership and what is available on line. Once an entity joins there is additional access to their site. The website address will be sent to all HPC members. XII. Announcements. a. 7/30/08 Joint Study Session HPC and Town Council at 5:30 p.m. in the Council Chambers. XIII. Items for future agendas. Set up a tour for HPC members to be able to see SPR. (not an agenda item). ) Keep discussion and possible action regarding SPR on the agenda. Include general language to let anything else be discussed. XIV. Adjourn. MOTION: Commissioner Spoerl MOVED to adjourn the HPC meeting. Commissioner Foley seconded the motion. Motion carried 5:0. Meeting adjourned at 6:25 p.m. Prepared by: - C11:4, \L„..tat,,CL_ )7-4""/ Diane Chapman, Senior Office Specialist 4 ti Policy No. 10 TOWN COUNCIL POLICY Date Adoption: 04/02/03 Date of Revision REAFFIRMED: 04/20/05 TITLE: TOWN COUNCIL, ADVISORY BOARDS AND COMMISSION MEMBERS SITE TOURS Page 1 of 2 • I. Purpose and Need for this Policy The purpose of this policy is to establish a protocol for Site Tours to prevent violations of the Open Meetings Law. II. Policy Town Council, Advisory Boards and Commission Members will observe the following when on Site Tours: A Site Tour is a"tour"only and not a public meeting. If more than two (2) Town Council,Advisory Board or Commission Members are present on a Site Tour,proper protocol is that Members may only listen to information given and only ask questions to clarify what exists on the proposed plan. Any discussion, deliberation and possible action regarding changes to the plan must be reserved for a regularly scheduled meeting. III. Other Information Attached is a"Sample"regarding Public Notice to be used for the Town Council,Advisory Boards and Commission Members Site Tours. APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Mayor Paul H. Loomis Date: . .� r Town Council Policy No.10 Oilier orthe Town Anwmcy!ca 031903 NAPC - National Alliance of Preservation Commissions Page 1 of 3 , w r,,,,..,Adr oi‘. tot' Allir.c.-' '11.' rirtrifPr fr;ii,,,4. ''' �4 - National c t Ilsn o-- Preseation h L„, ,,, -7::".,,D,-;'.'::.:;:' •,,,,., 'f.,'; .!--,::-.2-.;„ isSicons „ ....,, . . iiiiiiikiiiiiii Welcome to NAPC Join NAPC National Alliance of Preservation Commissions located at the University of Georgia CAMP FORUM NAPC FORUM 2008 - July 10-13, New Orleans Download the preliminary program Q Forum 2008 NAPC !!'t,. .�, Forum • - 2aas ` i 1 t 1....17-.-;:: Lii-:Jfi,!!4. FT , , Iri414/1::j, ,,,. NAPC History Publications & Resources ,......anpopmi -'; Contact Us Code of Ethics . Y NEW»>NAPC / - ' Commission Excellence Awards Preservation Links ' ' -.4,1 Online Design Guidelines FORUM 2008 • Return to the Center for earlyregistration d Community Design & Preservation JUNE! Program Coordinator: .4,, r Drane Wilkinson napc@uga.edu 706.542.4731 08/1 l/2008 http://www.sed.uga.edu/pso/programs/napc/napc.htm NAPC - National Alliance of Preservation Commissions Page 2 of 3 ==49141111- 411ts A , I i , C ,f�� J`�.J fli`1 � �, N,A 1 ---1, wviN ili „-- : ,:.. ' --- ------# \:,\V- FONID U'8 vic wig ! -. --. Iwo( c -"lit, , ,..-„:::-.4... „twt , Lti it-1 ,.-2...:- .,,;!,'.,:., , . , ptital f, ,...t.. • 7 `. 9Y�•iJI Clys ,, `.: _..,..... c.:4,5). ' r#74t.Y.1 . ,�.���T."' raM'..., , ,,,i_sr_ si,..._.: .�_ P 7Crescent .—......., _ ,. •.' , ! 4 T'I '?Y'Z.ir 4iY�'� i.. City ::::::: '.,. '',i'Vr, / %•1 4p. . A . 4111L 5' Comeback 7.. 7V-A uasx•w xr,Miiiiir '''''''''''— -we es•',. k Download a sample issue of The Alliance review Our Mission "To build strong local preservation programs through education, advocacy, and training." The NAPC is the only organization devoted solely to representing the nation's preservation design review commissions. NAPC provides technical support and manages an information network to help local commissions accomplish their preservation objectives. The Alliance also serves as an advocate at federal, state and local levels of government to promote policies and programs that support preservation commission efforts. Education: Our mission's education component has evolved to meet local commissions' needs in a variety of ways. Resource Library: The NAPC office responds daily to requests from our membership for information; the organization maintains a voluminous library of resources and precedents we share to solve vexing problems with viable solutions. We also have a network of experts that can be consulted for unusual problems. Conference Offerings: National Commission Forum - biennial conference sponsored and organized by the NAPC. The Inaugural Forum was in Denver 1998, second in Pittsburgh in 2000, San Antonio in 2002, and Indianapolis in 2004. Forum provides a unique interactive format where participants not only discuss the issues but develop the solutions as well. National Preservation Conference - annually the NAPC provides assistance to the National Trust for Historic Preservation in the solicitation and selection of sessions for the Local Preservation Commission educational track. We also provide the Preservation Short Course and Mock Commission Hearing on a repeating basis. Publications: The Alliance Review, the NAPC's newsletter published six times per year, is the primary vehicle of communication with our membership. It includes not only basic organizational information, but each issue features numerous articles on http://www,,,sed.uga.edu/pso/programs/nape/napc,htm 08/11/2008 NAPC - National Alliance of Preservation Commissions Page 3 of 3 topics of current interest to local commissions. Advocacy: Since 1983, NAPC has provided a voice for local preservation commissions. Our advocacy efforts support local commissions and help them succeed. Nationally: NAPC works with our national partners to provide information to decision- makers on current legislative issues. Locally: NAPC provides community leaders with letters of support that cite solutions, SUL.L. ss s, and precedents Its to aid them 1 i iii presenting a stronger case of n local preservation issues. If you are in a jam or facing controversy, let us know! Service to our membership is the core of our mission, so please - make yourselves known to us so together we can, through strength of numbers in a true alliance, "build strong local preservation programs." Training: NAPC has provided training for thousands of commission members, staff, and elected officials. Our trainers are selected from NAPC's extensive network of experts throughout the country. Commission Assistance and Mentoring Program: CAMP is the focus of the NAPC's training efforts. CAMP is based upon the NAPC's core curriculum of four fundamental elements: The legal framework of public preservation, identifying and protecting historic resources, commission role and responsibilities, and public support and outreach. CAMPs are tailored to meet local, regional, or statewide needs. Modeled after summer camp experiences, this entertainingly effective training program features terrific counselors who help the "campers" improve their preservation skills while everyone has fun. Speaker Services: Drawing on our national network of experts and resources, NAPC frequently provides keynote speakers and trainers for conferences and workshops. We can help find the best person to address your particular topic or issue. University of Georgia I College of Environment& Design I School of Environmental Design I Center for Community Design and Preservation (CCDP) NAPC is housed at the Center CCDP Director: Pratt Cassity pcassityauga.edu 706 542-4731. for Community Design and Preservation at the College of CLG Coordinator: Jennifer Martin Lewis jmlewisCchuga.edu 706 583-8047 Environment and Design at the CCDP Administrative Coordinator: vacant 706 542-4731 University of Georgia CCDP Graphics Coordinator: Eleonora Machado emachado©uga.edu 706 254-2400 FindIT Program: Melissa Roberts roberts@uga.edu 706 542-0156 325 South Lumpkin Street NAPC Program Coordinator: Drane Wilkinson drane(Evuga.edu 706 542-0169 Founders Garden House Alliance Review Editorial Staff: Kay Stanton okay@uga.edu 706 542-0169 Athens, GA 30602- 706.583.03 (ph) For questions about this site email: emachadoCd►uga.edu 706.583.032020 (fx) http://www.sed.uiza.eduipso/programs,inapc/napc.htm 08/11/2008 Article 6-10 HISTORIC PRESERVATION CODE Sections: 6-10-1 Purpose, Mission and Objectives 6-10-2 Relation to General Plan 6-10-3 Definitions 6-10-4 Historic Property Register 6-10-5 Historic Preservation Commission 6-10-6 Incentives 6-10-7 Historic Landmark Designation Process 6-10-8 Historic District Designation 6-10-9 Certificate of Appropriateness 6-10-10 Maintenance and Repair 6-10-11 Economic Hardship 6-14-12 Appeals 6-10-13 Violations and Enforcement 6-10-14 Severability 6-10-1 Purpose, Mission and Objectives A. Purpose. It is hereby declared as a matter of public policy that the Town of Oro Valley mins with the I Inited States of America anti the State of Arizona promoting the J J- .... "` v v..v.w v.. ... the va...ty v� .�......vt eta in promoting���l t���y ti�V protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance as being necessary for the economic, cultural, educational and general welfare of the public. This is done pursuant to the provisions of the National Historic Preservation Act of 1966 as amended, the Arizona Revised Statutes. Section 9-462.01, and the establishment of this Historic Preservation Ordinance by the Oro Valley Town Council. B. Inasmuch as the identity of a people is founded on its past, and inasmuch as Oro Valley has many historic, archaeological and cultural resources which constitute its heritage,this article is intended to: 1. Identify and preserve the historic properties that represent distinctive elements of Oro Valley's historic, archaeological, architectural and cultural heritage; maintain and foster their unique identities, which in turn helps to make the community a desirable place to live,work and visit. 2. Promote the use of historic properties for the education, pleasure, and welfare of the people of the Town. 3. Foster civic pride in the accomplishments of the past. 4. Protect and enhance Oro Valley's attractiveness to visitors which also provides support and stimulus to the economy. 5. Stabilize and improve property values of rehabilitated and protected sites. 6. Provide incentives for restoration by owners of landmarks or historic properties. 7. Provide standards for restoration of designated properties and for new construction within Historic Districts. C. Mission. The mission of the Oro Valley Historic Preservation Code is to promote the educational, cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings, districts, landmarks, structures, documents, photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. 1 D. Objectives of the Oro Valley Historic Preservation Commission. 1. To maintain a code providing for the designation and preservation of historic buildings, districts, landmarks, structures, documents, photographs, and other artifacts; 2. Under the terms of the code, to promote the designation of historic landmarks and districts; 3. To keep a register of all historic landmarks and districts; 4, To conduct an ongoing survey to identify significant buildings, districts and structures within the town; 5. To inform and educate citizens concerning the history and heritage of Oro Valley; and 6. To create an appropriate design of historical markers for identification of historic landmarks and districts. ((0)06-20,Added, 10/04/2006) 6-10-2 Relation to General Plan The administration of this article shall be pursued in accordance with the policies set forth in the Oro Valley General Plan. ((0)06-20,Added, 10/04/2006) 6-10-3 Definitions For the purpose of this article, certain words, phrases and terms used herein shall have the meaning assigned to them by this section. When not inconsistent with the context, words used in the present tense include the future; words in the singular include the plural and those in the plural include the singular. The word "shall" is mandatory; the word"may" is permissive. Alteration: Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of a designated property as defined herein. Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life, habitation or activity, including but not limited to petroglyphs, pictographs, paintings, pottery, tools, ornamentation, jewelry, textiles, ceremonial objects, weapons, armaments,vessels or vehicles. Building: A structure created to shelter any form of activity, such as a house, barn, church, hotel, or similar structure. "Building" may also refer to a historically related complex, such as a courthouse and jail, or a farmhouse and barn. Cemetery: Any site,which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though it may be currently suffering neglect and abuse. Certificate of Appropriateness: A document issued by the Commission, following prescribed review procedures, certifying that proposed work on a designated property is compatible with the historic character of the property, and therefore (1) may be completed as specified in the Certificate of Appropriateness, and (2)any building permits needed to do the work specified in the Certificate may be issued. Chair:The Chair of the Historic Preservation Commission or his/her designee. Chief Building Official: The Chief Building Official of the Town of Oro Valley, or his/her designee. Commission: The Historic Preservation Commission of the Town of Oro Valley, Arizona as described in this article. Construction: Any site preparation, assembly, erection, repair, alteration or similar action (excluding demolition) for or of sites, structures, public or private rights-of-way, utilities or other improvements. Contributing: A classification applied to a building site, structure or object within a Historic District or landmark property signifying that it contributes to the defining characteristics of the Historic District or landmark. Demolition: Any intentional act or process, which totally or partially destroys a designated property. Designated Property: A property which has received Town designation as a landmark, or as a contributing property within a Historic District, according to the provisions of this article. Director: The ,Planning and Zoning Director of the Town of Oro Valley or his/her Deleted:community Development Director designee. Historic District: A geographical area whose boundaries are defined by a Historic District zoning designation which contains properties, structures, sites or objects which are considered to have historic or cultural value. Historic Property Register: The listing and defining of designated properties of Oro Valley as provided in this article. Historic Resource Survey: The official historic resource survey book of the Town as produced by the Commission, listing and describing properties, structures, sites or objects (whether designated or not) which are considered by the Commission to have historic or cultural value. Integrity: A measure of the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one that is relatively undisturbed; criteria evaluated include association, design,feeling, location, and materials. Landmark: A designation, as a result of processes provided in this article, applied by the Commission to an individual property, structure, site or object, which has a historic value or expresses a distinctive character worthy of preservation. Maintenance: Regular, customary or usual care for the purpose of preserving a property and keeping it in a safe, sanitary and usable condition, without causing any alteration to the distinctive exterior character of the property. Noncontributing: A classification applied to a property, site, structure or object within a Historic District or landmark property signifying that it does not contribute to the defining characteristics of the Historic District or landmark. Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Oro Valley,Arizona_ PRAB: The Parks and Recreation Advisory Board of the Town of Oro Valley, Arizona. Preservation: The act or process of applying measures to sustain the existing form, integrity and material of a structure, and the existing form and vegetative cover of a site. It may include stabilization work where necessary, as well as ongoing maintenance of the historic materials. Preservation Covenant: A deed restriction filed with Pima County, which identifies the property as a landmark or a contributing property within a Historic District. Reconstruction: The act of reproducing by new construction the exact form and detail of a vanished structure or object,or part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Removal: Any relocation, in part or whole, of a structure on its site or to another site. Renovation:See Rehabilitation. Repair: Any physical change that is not alteration, construction, removal or demolition. Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time, by the removal of later work or by the replacement of missing earlier work. Review Criteria: The standards, tests, norms or guidelines applied by the Commission during any review process, including but not limited to surveys, designations, or Certificates of Appropriateness. Secretary of Interior Standards: Standards which pertain to historic buildings of all materials, construction types, sizes and occupancy, and encompass the interior and exterior, developed and published by the office of the United States Secretary of the Interior, as part of the Department of the Interior regulations. Stabilization: The act or process of applying measures designed to re-establish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated property,while maintaining the essential form as it exists at present. Structure: Anything constructed or erected, the use of which requires a permanent or semi-permanent location on or in the ground, including but not limited to bridges, dams, water distribution systems, buildings_ garages, fences gazebos advertising signs, antennas, satellite sending or receiving dishes, paved parking or circulation areas, landscapes, sculpture, and recreational facilities. Town:The Town of Oro Valley,Arizona. ((0)06-20,Added, 10/04/2006) 6-10-4 Historic Property Register A Historic Property Register is hereby established for the purpose of listing and defining landmarks and Historic Districts designated under the provisions of this article. This register may be periodically amended by the Commission, and shall be available for public reference and historical study. ((0)06-20,Added, 10/04/2006) 6-10-5 Historic Preservation Commission Pursuant to Ordinance Number(0)04.-45, there is created a commission to be known as the Oro Valley Historic Preservation Commission. A. Membership. 1. The Historic Preservation Commission shall be composed of seven (7) members,,and shall be appointed bythe Town CounciL� ,� [ leted:six(6)of whom shall 2. Prospective members should have demonstrated significant interest in and i Deleted:,and one of whom shall be l commitment Town Historian t ent to the field of historic preservation, evidenced either by involvement ina J local historic preservation group, current non-conflicting or previous employment or volunteer activity in the field of historic preservation, or other serious interest in the field. To the extent possible, it is desirable that two (2) members be current or previous professionals in the areas of architecture, history, planning or archaeology. 3. Immediately prior to assumption of the duties of office, each member shall take and subscribe to the oath of office. 4. All Commission members shall serve without pay, except that members may be reimbursed for actual expenses incurred in connection with their duties, upon authorization. B. Term of Office. 1. Membership appointment to the Commission shall be for a period of three (3) I years, Terms shall be staggered so that no more than three (3-nembers' terms shall [Deleted:two(2) J expire in any given year. All terms shall begin on July 1st and shall end on June 30th or f Deleted: until a successor is appointed and qualified. 2. In the event of a resignation, removal or death of a member, the Council shall fill the vacancy for the unexpired term. 3. The Council may remove any member of the Commission by a majority vote of the majority of the Council, or as otherwise provided by ordinance or Town Code. g. Officers. Deleted:4. Upon adoption of this 1. The members of the Commission shall elect from among themselves a Chair code the council shall reorder the terms of the current appointed and a Vice Chair, who shall serve for one (1) year or until their successors are elected. members of the Commission so that Officers may serve successive terms, if so chosen by the Commission. two(2)members'terms shall expire 2. The Chair shall preside at meetings and exercise the usual rights, duties and in approximately one(1)year,two(2) members'terms in approximately two prerogatives as the head of similar organizations. The Chair shall serve as Commission (2)years,and two(2)members' liaison with the Town staff, and shall also be responsible for other duties as described in terms in approximately three(3) this article. years,consistent with the provisions of subsection(B)(1)of this section.¶ 3. The Vice Chair shall perform the duties of Chair in the Chair's absence or disability. 4. The members shall fill a vacancy in either office for the unexpired term through a new election. D. Meetings. 1. The Commission shall meet monthly, unless otherwise provided. 2. A majority of members shall constitute a quorum. The affirmative vote of the majority of members present shall be required for passage of any matter before the Commission. Any member may abstain from voting on a matter by declaring a conflict of interest, in which case such member shall step down and take no part in discussions or deliberations on that matter. E. Rules. 1. The Commission shall make and publish rules to govern its proceedings, subject to approval by the Town Council. All meetings of the Commission shall be open to the public and noticed as provided by Arizona law. 2. Minutes shall be kept of all meetings. The minutes shall include all issues considered, and shall record the individual votes of members on each action item. F. Powers and Duties. The responsibility of the Commission is to promote the purposes and objectives of this article and shall include, but not be limited to the following: 1. Maintain and periodically update, as needed, a plan for historic preservation. 2. Maintain review criteria to assure fair and impartial evaluation and designation of properties as landmarks and Historic Districts. The Commission shall periodically review these criteria, and make such adjustments or updates as may be required. 3. Maintain criteria to assure fair and impartial review of applications for Certificates of Appropriateness. 4. Review properties proposed for designation as landmarks, explain to the owners thereof the potential effects of designation as known to the Commission at that time and make a decision to designate, conditionally designate, or deny designation. 5. Review property nominations for designation as a Historic District, explain to the owners thereof the potential effects of designation as known to the Commission at that time and make recommendations regarding rezoning to a Historic District to the Planning and Zoning Commission. 6. Propose design guidelines appropriate to individual Historic Districts. 7. Review and approve, conditionally approve or deny applications for a Certificate of Appropriateness. 8. Maintain the Historic Property Register. 9. Determine and cause to be created a system of markers for designated properties. 10. Recognize the owners of designated properties. Issue commendations to owners of historical properties who have rehabilitated their property in an exemplary manner. 11. When Town Council approval is appropriate, make recommendations to the Town Council regarding the acquisition of property suitable for preservation. 12. Make recommendations to the Town Council regarding the utilization of federal, state, Town or private funds to promote historic preservation. 13. Make recommendations to Town Council to accept gifts, grants, funds, contributions, and bequests from individuals and public and private entities, agencies, foundations,trusts, corporations,and other organizations or institutions. 14. Cooperate with and enlist the assistance of persons, organizations, foundations and public agencies in matters involving historic preservation, rehabilitation and reuse,with Town Council approval as appropriate. 15. Increase public awareness of the values of historic, cultural, archaeological and architectural preservation, by developing and participating in public education programs. 16. Annually prepare written reports of Commission activities; submit such reports to the Town Council and the State Historic Preservation Office (SHPO). These reports shall be available for public review. 17. Conduct detailed studies and surveys of properties and areas and assess their potential for designation. 18. Periodically review the Historic Resource Survey and consider the inclusion of any properties, which may have come to meet the requirements herein, and the deletion of any properties which may no longer exist. 19. Work with and assist departments of the Town in matters affecting historic preservation. 20. Assist property owners, on request, on the restoration, rehabilitation, alteration, decoration, landscaping, or maintenance of any historic property. 21. Encourage and assist property owners of historic properties on procedures for inclusion on State historic listings and the National Register of Historic Places. 22. Work collaboratively with PRAB in the design and use of parks and park-like areas which have a historic or archeological significance. 23. Establish liaison with groups and organizations as appropriate. 24. Carry out such other duties as may be determined by the Town Council, and present other such recommendations as may be deemed pertinent. G. Committees. Advisory committees may be created by the Chair or by the Commission to study and report on pertinent matters. Such committees may include citizens who are not members of the Commission, but shall include at least one Commission member who shall serve as Chair of the committee. Committees appointed for a specific task shall dissolve when the task is completed and its report has been presented to the Commission. ((0)06-20,Added, 10/04/2006) 6-10-6 Incentives It is the intent of the Town to make ownership of a landmark or contributing property within a Historic District as beneficial as possible. In addition to the intangible benefits of owning a property recognized as an important community resource, the Council and Commission may, when applicable and possible, provide such owners with one or more of the following: A. Recommendation to the planning and Zoning Department that an alternate or Deleted:Department of Community transitional use be considered; `Development B. Advice in locating potential sources of financial assistance and tax credits; C. Advice in preparing grant applications and potential third party sponsorship; D. Technical information and referrals; E. Assistance in locating buyers and/or sellers; F. Assistance in the formulation of a neighborhood association; G. Assistance in obtaining other benefits as may become available. ((0)06-20,Added, 10/04/2006) 6-10-7 Historic Landmark Designation Process The Commission may designate as a landmark an entire property, an identified portion of a property, or one or more individual structures on a property. A. Application Submittal and Review Requirements.An application for a landmark designation shall be submitted by the owner of the subject property or agent and involves the following steps: 1. Pre-Application Consultation. Prior to the submittal of an application for a landmark designation, the applicant should consult with the Director to explain the application submittal requirements. 2. Application Submittal Requirements. An application for a landmark designation shall contain at a minimum the following, any of which may be waived by the Director, as authorized by the Commission: a. Completed application form. b. Location and description of property. c. Filing fee. d. Statement or letter of authorization from the property owner, if different from the applicant. e. An ownership map of property owners within three hundred (300) feet of the exterior boundaries of the subject property as shown on the last assessment of the property. A list of these property owners shall also be provided on mailing labels and keyed to the map showing the location of the identified properties. f. A written description of the proposed property. Description should include special aesthetic, cultural. architectural, archaeological or engineering interest or value of a historic nature, including information about the architecture, notable construction features and other information indicating the historical significance of the property. Sketches, drawings, photographs, or other descriptive materials may be included. g. A written statement of condition of property and/or structure(s) including any known threats thereto. h. Other information as may be requested. 3. Incomplete applications may be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted, the application shall be considered complete and shall be accepted by the Director. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a comprehensive report which shall be submitted to the Commission and made available to the applicant, media and general public at least seven (7) days prior to the Commission's public hearing on the landmark application. 4. Upon acceptance of a complete application, no building or demolition permits affecting the proposed landmark shall be issued by the Town until the process as described herein has been completed and the Commission has made its decision. B. Notice of Commission Hearing. 1. Upon receipt of a complete application for a landmark designation, the Chair shall place it on the agenda for a public hearing within thirty (30) days. Public notice of this hearing shall be given as prescribed herein. 2. The Town shall give notice of the date, time, and place of a public hearing for consideration of a proposed landmark, including general explanation of the matter to be considered and a general description of the area affected at least fifteen (15) days before the hearing in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. b. Posting on the affected property so that the words"Public Hearing"and the date and time of the hearing are visible from a distance of one hundred (100) feet. It shall be the responsibility of the applicant to maintain the posting once erected. c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the property to be landmarked. d. In addition to notice by the means set forth above, the Town may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate. e. As provided in A.R.S. 9-462.04.A(7), or any successor statute, the failure of any person or entity to receive notice as set forth in the statute shall not constitute grounds for any court to invalidate the actions of the Town. 3. Persons with specific issues or concerns regarding a proposed landmark are encouraged to contact the Department of Community Development in writing, by phone or in person prior to the hearing. C. Landmark Designation Criteria. The Commission shall evaluate each structure, site, building or property within an area that is included in an application and may designate it as a landmark if it is determined to have historical or other cultural significance or integrity, and is suitable for preservation, using the following criteria: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre-history or history of our community. 5. Being at least fifty (50) years old, or having achieved significance within the past 50 years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. D. Commission Public Hearing and Designation. 1. The Commission shall hold at least one public hearing on each landmark application. At the public hearing, the Commission shall review the proposal with consideration given to the review criteria. Approval, conditional approval or denial of a landmark application shall be based on the findings of the Commission as they relate to the criteria. 2. The Commission's decision shall be final unless appealed to the Town Council as provided for in this article. A recommendation for approval may be subject to conditions as the Commission deems applicable. E. One (1) Year Bar on Refiling. If the Commission denies an application, the Commission may refuse to accept another application for the same or substantially the same landmark on the same property or any part of it within one (1) year of the date the original application was filed on the same property or a portion of it. F. Removal of Landmark. The procedure to remove a landmark status from a property shall be the same as the procedure to designate. However, in the case of removal of a landmark designation,the Commission may initiate the application. G. Effect of Landmark Designation. 1. Upon approval of a landmark designation, the affected property shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. 2. Once approved, the historic landmark designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future owners of the designated property. 3. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, on any landmark, without first obtaining a Certificate of Appropriateness from the Commission. 4. No person shall make any material change in the exterior appearance of any landmark, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 5. Each property designated as a landmark shall be maintained in good condition and faithful to its historic character. 6. Nothing in this article shall be construed to prevent normal maintenance and repair, which does not involve change in the exterior design, material, color or appearance. ((0)06-20,Added, 10/04/2006) 6-10-8 Historic District Designation A. A rezoning approval is required in order to receive a Historic District designation. B. The Historic District is an overlay zone in which designated properties retain the uses of and are subject to the regulations of the underlying zoning. The underlying zoning which relates primarily to land use and density, continues to be administered by the Planning and Zoning Commission. The Historic Preservation Commission administers the regulations as they relate to the Historic District designation. C. The Commission, the Planning and Zoning Commission, Town Council, a property owner or agent of property owner of the area subject to the request may initiate a request to rezone to a Historic District. D. Application Submittal and Review. 1. Pre-Application Consultation. A pre-application consultation ,between the (Deleted:with applicant and the Director is required in order for the Director to explain the rezoning review process and application submittal requirements. 2. Application Submittal Requirements. In addition to the submittal requirements set forth in Oro Valley Zoning Code Revised Section 22.3, all Historic District rezoning applications shall include the following: a. Written description of the proposed Historic District. Description should include approximate construction dates, special aesthetic features, cultural, architectural, archaeological or engineering interest or value of a historic nature, including information about the architecture, notable construction features, and other information indicating the historical significance. b. Identification of prospective Contributing Properties and how they each meet one or more of the Historic District criteria. c. Current sketches, photographs or drawings. d. Statement of condition of all structures. e. Explanation of any known threats to any property or structures involved. E. Notice of Public Hearing. 1. Notice of the Commission's public hearing shall be the same as set forth in the Oro Valley Zoning Code Revised Section 22.3. 2. Upon publication of notice required above, no person shall make any material change in the exterior appearance of any property affected by said notice, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property until the finalization of the designation process described in this article; provided, that nothing in this section shall be construed to prevent normal maintenance and repair that does not involve changes in exterior design, material, color or appearance. F. Historic District Designation Criteria. Each structure, site, building or property within an area that is included in a Historic District rezoning application will be evaluated using the following criteria to determine if it has historical or other cultural significance or integrity and is suitable for preservation: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre-history or history of the community. 5. Being at least fifty (50) years old, or having achieved significance within the past fifty(50)years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. G. Adoption of Historic District. 1. Action by the Historic Preservation Commission. Upon completing its public hearing on the Historic District application, the Historic Preservation Commission shall transmit its recommendation to the Planning and Zoning Commission. 2. The Historic Preservation Commission's recommendation shall include the following: a. A map showing the proposed boundaries of the Historic District and identifying all structures within the boundaries, including classification as contributing or noncontributing. b. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries. c. A set of findings documenting the recommendation of the Historic Preservation Commission. d. Proposed design guidelines for applying the criteria for review of Certificate of Appropriateness to the nominated Historic District. e. The recommendations of the Historic Preservation Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the District. 3. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing to consider the Historic Preservation Commission's recommendations. Following conclusion of its public hearing, the Planning and Zoning Commission shall transmit its recommendation and the recommendation of the Historic Preservation Commission to Town Council. 4. Action by the Town Council. The Town Council shall hold a public hearingto consider the recommendations of the Historic Preservation and Planning and Zoning Commissions. Following conclusion of its public hearing, the Council may approve the Historic District as recommended or in a modified form, stipulating those conditions it deems necessary to carry out the purpose of this district and this code. 5. Documentation. The appropriate supporting statements, design guidelines and documents submitted with the application for a Historic District shall be considered by the Council and included in any ordinance establishing the Historic District. 6. Recordation. Once approved, the Historic District designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future property owners within the Historic District. H. Effect of Historic District Designation. 1. Upon approval of a Historic District designation by the Town Council, the affected property(ies) shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. The Town's zoning map shall be updated to reflect the new zoning district boundaries. The Town's parcel information database shall be updated to include those properties identified within the Historic District as contributing and noncontributing. 2. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, without first obtaining a Certificate of Appropriateness from the Commission. 3. No person shall make any material change in the exterior appearance of a designated property, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 4. Each property designated as a contributing property shall be maintained in good condition and faithful to its historic character. 5. Nothing in this article shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance. 6. In addition to any other required review and/or approval, any proposed construction within a Historic District shall also be subject to Commission review according to any design guidelines which may have been applied to that District and other applicable criteria. ((0)06-20,Added, 10/04/2006) 6-10-9 Certificate of Appropriateness A Certificate of Appropriateness is required before commencing any exterior improvements or development, including alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, of a landmark or property located within a Historic District, whether or not the work will require a building permit. Building permits for exterior work on landmarks or properties within Historic Districts shall not be issued without first obtaining a Certificate of Appropriateness. If a building permit is sought from the Town without a Certificate of Appropriateness, the issuance of the permit shall be deferred until after a Certificate of Appropriateness is issued by the Historic Preservation Commission. A. Application Submittal and Review Procedure. An application for Certificate of Appropriateness shall be submitted by the owner of the subject property or agent and involves the following steps: 1. Pre-Application Consultation. Prior to the submittal of an application for a Certificate of Appropriateness, the applicant should consult with the Director to explain the application submittal requirements. 2. Application Submittal Requirements. An application for a Certificate of Appropriateness shall contain at a minimum the following: a. Completed application form. b. Location and description of property with photographs of areas affected by proposed project. c. Filing fee. d. A letter of intent describing the overall project specifically addressing architectural style, its compatibility within its context area, building materials, colors, exterior lighting, signage and landscaping if applicable. e. Site plan identifying all existing and proposed structures. f. Scaled illustrations showing all existing and proposed site improvements and conditions, landscaping, signage and building elevations. g. Samples of all proposed exterior paints or stains and colors and samples of roof and other exterior materials to be used,with an explanation on how they relate to existing colors and materials. h. If the proposal includes signs or lettering, a scale drawing showing dimensions, lettering, colors, materials and any illumination. i. Any additional information which the Commission may require to visualize the proposed work. 3. Acceptance of Application. Upon receipt of an application for a Certificate of Appropriateness, the Director shall complete a preliminary review within five (5) working days to ensure that all the required materials have been submitted. Incomplete applications shall be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted, the application shall be considered complete and shall be accepted by the Director. B. Notice of Public Hearing. 1. Upon receipt of a complete application for a Certificate of Appropriateness,the Chair shall place it on the agenda for a public hearing within thirty (30) days. Public notice of this hearing shall be given as prescribed herein. 2. The Town shall give notice of the date, time and place of a public hearing for consideration of a Certificate of Appropriateness, including a general explanation of the matter to be considered and a general description of the area affected at least fifteen (15)days before the hearing in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. b. Posting on the affected property in accordance with Town posting requirements. c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the subject property. 3. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a comprehensive report, which shall be submitted to the Commission and made available to the applicant, media and general public seven (7) calendar days prior to the Commission's public hearing. Commission members shall make every effort to inspect the property prior to the hearing. 4. At the hearing, concerned persons may present testimony and/or documentary evidence that will become part of the record of the hearing and the deliberations of the Commission. C. Commission Review and Decision. 1. It is the intent of this article to ensure, insofar as possible, that properties designated as a landmark or a property within a Historic District shall be in harmony with the architectural and historical character of the property or district. 2. When reviewing an application for a Certificate of Appropriateness, the Commission may approve, conditionally approve or deny a Certificate of Appropriateness based on the following: a. The proposed work does not detrimentally alter, destroy or adversely affect any architectural or landscape feature; and b. The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure, or district and shall include but not be limited to elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another; and c. The proposed work conforms to review guidelines and/or other applicable criteria; and d. The exterior of any new improvement, building or structure in a designated Historic District or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a Historic District. 3. Review Guidelines and Criteria. The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness: a. Approved design guidelines for a designated Historic District. b. Secretary of the Interior's Standards for Rehabilitation. c. Secretary of the Interior's Preservation Briefs and other information developed by U.S. Department of Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation Commissions,Association of Preservation Technology, and the Old House Journal. d. Any other guidelines as adopted by the Town. 4. No change shall be made in the approved plans of a project after issuance of a Certificate of Appropriateness without resubmittal to the Commission and approval of the change in the same manner as provided for issuance. 5. A Certificate of Appropriateness expires six (6) months from the .date of issuance unless substantial work is started within that time: 6. If work exceeds that specified in the Certificate of Appropriateness, the Certificate of Appropriateness shall be deemed to be revoked, a stop work order issued, and no further building activities shall be allowed until another Certificate of Appropriateness is applied for and issued by the Commission. 7. The Certificate of Appropriateness required by this article shall be in addition to any other permit(s)or review required for the proposed project. D. Demolition of Historic Landmark or a Contributing Property within a Historic District, 1. No person shall demolish a landmark or contributing property within a Historic District or cause or permit such demolition to be done, nor shall any permit for such demolition be issued unless the demolition is approved by the Commission and a Certificate of Appropriateness is issued. 2. A landmark or contributing property may be demolished if: a. The Chief Building Official has determined that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or b. The Commission finds, after review, that maintenance, use and/or alteration of the designated property in accordance with the requirements of this article would cause immediate and substantial hardship on the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource: i. Is infeasible from a technical, mechanical, or structural standpoint: and/or ii. Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current market value, permitted uses of the property, and the cost of compliance with applicable local, state and federal requirements. Costs necessitated by the neglect or failure of the current owner(s) to maintain the property need not be considered in making this finding; or iii. The Commission finds that the demolition of a contributing property would not have a substantial adverse impact on the historic significance or integrity of a Historic District. 3. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition. 4. If demolition is approved, the Commission fission may require the property owners to publish notice at least ten (10) days prior to the scheduled demolition date, in a newspaper of general circulation, of the availability of materials for salvage. Upon request, the Commission may make this information available to persons who may be interested in contacting the owner(s) to arrange for possible salvage of historic building materials. ((0)06-20,Added, 10/04/2006) 6-10-10 Maintenance and Repair Each property designated as a landmark, and properties designated as contributing properties within a Historic District shall be maintained in good condition and faithful to its historic character. Nothing in this article shall be construed to prevent normal maintenance and repair of any exterior feature of any structure designated as a landmark or contributing property within a Historic District which does not involve change in design, material, color or outward appearance.The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless authorization would impact the exterior. ((0)06-20,Added, 10/04/2006) 6-10-11 Economic Hardship A. An application for demolition or removal of a landmark or property within a Historic District may, if appropriate, be accompanied by a request for relief from economic hardship. B. Before granting such request, the Commission shall study the historic or cultural value of the property, and shall review options including incentives to the owner for restoration, or recommendation to Council that the Town purchase the property. C. Separate standards and application requirements may be established by the Town for granting economic hardship relief for income-producing properties and for non- income producing properties.. 1. Investment or income producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which contribute to its distinctive character in its present condition nor if rehabilitated, either by the current owner or a potential buyer. 2. Non-income producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use in its present condition or if rehabilitated, either by the current owner or a potential buyer. D. Economic hardship relief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner; purchase of the property for substantially more than its fair market value; failure to perform normal maintenance and repair; or failure to diligently solicit and retain tenants or provide normal tenant improvements. ((0)06-20,Added, 10/04/2006) 6-10-12 Appeals Any person or group of persons aggrieved by a decision of the Commission may appeal to the Town Council within ten (10)working days of the Commission's action, by filing with the Town Clerk written notice of appeal and any applicable fee as may be adopted. The Council shall render a decision to sustain, conditionally overrule or overrule the Commission decision. The Council may choose to hold a public hearing. ((0)06-20,Added, 10/04/2006) 6-10-13 Violations and Enforcement A. All work performed pursuant to a Certificate of Appropriateness under this article shall conform to requirements thereof. Compliance shall be confirmed by inspections made by the Chief Building Official and the Commission Chairman or his/her designee. Certain requirements of the Certificate, such as signs, lighting, landscaping and site development shall be reviewed for compliance. B. Any action regarding a violation of any provision of this article shall be brought to the Town Attorney. Any person, firm, corporation or other entity found to be in violation of any provision of this article shall be charged, at a maximum, with a class 1 misdemeanor. Each day in violation shall constitute a separate offense. C. Any person who causes unauthorized demolition, alteration, construction, or permits degradation or disrepair of a designated property as defined in this article, or property proposed to be included in a Historic District, may be required to restore the property and site to its condition prior to the violation. The civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty. Until completion of restoration, no permits for anything other than restoration shall be issued for the property by the Town. ((0)06-20,Added, 10/04/2006) 6-10-14 Severability This article and its sections are hereby declared to be severable. If any section, subsection, clause, word or phrase of this article is held to be void, unlawful or unconstitutional, such holdings shall not affect the validity of the remainder of this article or of the Oro Valley Zoning Code Revised. ((0)06-20,Added, 10/04/2006) SPEAKER CARD PLEASE PRINT DATE: NAME: ADDRESS: /0 • 141 PHONE: 71 7- f,577 TOWN RESIDENT? YES NO AGENDA ITEM NO. OPPOSED/SUPPORT/UNDECIDED TOPIC FOR DISCUSSION (Please Specify) THANK YOU