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Home My WebLink AboutStaff Memo 09-30-19 PCWS-2 10-14-19 LU 19-0008 p 0tr MEMORANDUM i: . n o o °REG0� TO: Lake Oswego Planning Commission/Commission for Citizen Involvement FROM: Paul Espe, Associate Planner SUBJECT: Potential Amendments to Community Development Code Related to Historic Preservation - Work Program and Status Update Work Session #2 (LU 19-0008) DATE: September 30, 2019 MEETING DATE: October 14, 2019 Requested Action Provide input on public outreach and citizen involvement that the Historic Resources Advisory Board (HRAB) and staff should complete prior to the Planning Commission conducting a public hearing on proposed amendments to historic preservation requirements. Summary/Background The Planning Commission held a work session with members of HRAB on March 11, 2019, to review the process that HRAB would use for amending the City's historic preservation code requirements. The Commission reviewed the proposed timeline and provided input on the scope of work and public process. This memo provides a status update for this project. HRAB is continuing their work on amending the Historic Preservation section (LOC 50.06.009) and other related code sections. The general purpose of these changes is to update the code with the recent changes to Goal 5 Administrative Rules and incorporate selected sections from the Model Code provided by the Oregon State Historic Preservation Office (SHPO). This will add clarity to the land use procedures for historic preservation applications and may redefine HRAB's decision making responsibilities. HRAB will be proposing code amendments that implement changes to the Oregon Administrative Rule (OAR) 660-023-0200 Historic Resources, adopted in 2017, which added protections from demolition to properties on the National Register of Historic Places that are not on the City's local landmarks list. HRAB will also be proposing code language that discourages "demolition by neglect"1. 1 The National Trust for Historic Preservation defines"Demolition by Neglect"as a situation where a property owner intentionally allows a historic property to suffer severe deterioration, potentially beyond the point of repair. Property owners may use this kind of long-term neglect to circumvent historic preservation regulations. See https://rhdc.org/sites/default/files/NHTP DemoByNeglect.pdf 503.675.3984 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 of 4 Statewide Planning Goal 5 addresses Natural Resources, Scenic and Historic areas, and Open spaces. A portion of Goal 5 provides the framework that local governments must follow in designating and protecting significant historic resources. The City is a Certified Local Government (CLG) under the State's historic preservation program, which means that the City has met certain qualifications to become "certified" and thereby qualifies to receive matching grants from the State Historic Preservation Office (SHPO). The SHPO Model Code identifies regulations that must be included in local land use codes, or that local codes must substantially implement, for the City to remain a CLG. Project Status Staff completed four work sessions with HRAB at their meetings in April, June, July and September. Drafts of eight code sections have been prepared including a revised "Historic Preservation Section" of the Community Development Code (CDC) (LOC 50.06.009). This section contains most of the substantive regulatory framework for the preservation of the City's Historic Resources. The other code sections are procedural and provide for the powers and duties of HRAB, land use procedure and definitions related to historic preservation. The code sections and proposed amendments, are now undergoing review by staff. A timeline of the work sessions conducted with HRAB are tabulated below: HRAB Work Session 1 -April 10, 2019 Project Kickoff and Overview 12.51.035 - Historic Resources Advisory Board 50.01.001 -Title and Purpose 50.01.003 —Authority HRAB Work Session 2 -June 12, 2019 50.10.003 — Definitions HRAB Work Session 3 -July 10, 2019 50.07.001 -Summary and Procedures Table 50.07.003 - Review Procedures 50.07.004 -Additional Submission Requirements HRAB Work Session 4- September 11, 2019 50.06.009 - Historic Preservation The CDC already meets many of the requirements for complying with the Goal 5 Rule and much of SHPO's Model Code is already in the City's code, including: • LOC 12.51.035 (Historic Resources Advisory Board) • LOC 50.01.001 (Title and Purpose) • LOC 50.01.003 (Authority) • LOC 50.06.009 (Historic Preservation) Page 3 of 4 • LOC 50.07.001 (Summary and Procedures Table) • LOC 50.07.003 (Review Procedures) • LOC 50.07.004 (Additional Submission Requirements) • LOC 50.10.003 (Definitions) However, some code amendments are needed to make the CDC conform to the revised Oregon Administrative Rule and SHPO CLG model code requirements that were provided as attachments to the staff memo provided at the last work session. Scope of Possible Amendments to be considered by HRAB Below is a summary of draft code amendments developed with HRAB's input. Staff is now compiling the amendments in a public review draft. Key Topics The proposed code changes will incorporate these major topics for consideration: a. Adding National Register Properties to the City's Landmark Designation List (LDL): Include those properties that are only on the National Register of Historic Places on the City's Landmark Designation List (LDL). This will provide better protection of those properties by subjecting landmark alterations to the same historic design review requirements as the properties on the LDL. b. Demolition by Neglect: Protect historic landmarks from demolition by neglect. This refers to the practice of allowing a building to deteriorate to the point that the restoration becomes unfeasible and demolition is necessary. c. The Secretary of the Interior's Standards for the Treatment of Historic Properties: These are national standards that are applied to the treatment of historic properties and will serve as clearer criteria and factors to consider for reviewing alterations to historic landmarks. d. HRAB as Review Authority for Exterior Alterations Instead of Development Review Commission (DRC): Amend the Code to designate HRAB as the review authority for exterior alterations when subject to Minor Development Review or Major Development Review. This would leverage HRAB's expertise in reviewing exterior alterations of historic buildings. e. Demolition Review of Undesignated Historic Buildings Greater than 50 Years Old: Amend the code to require the deconstruction and documentation of buildings that are greater than 50 years old and have potential historic significance as a part of the City Building Department's demolition review process. Members of the City Council the Sustainability Advisory Board (SAB) and HRAB have expressed interest in developing a policy that discourages demolition of older housing stock. At their study session on September 17, 2019, the City Council directed staff to prepare a draft ordinance that provides for a "demolition tax" of those property owners who file applications with the Building Department to demolish their single family homes. If set high enough, a demolition tax may discourage tear-downs in favor of remodels and additions to Page 4 of 4 existing homes. Some reduction (or credit) for property owners who deconstruct instead of demolishing a home is also being considered. HRAB may also propose requiring additional documentation of those buildings greater than 50 years old that are proposed for demolition or deconstruction, by requiring photographs and floor plans to be provided as a part of the application. In this way, the City may retain some history of an older house even after the structure is removed. Revised Timeline Table 1 below contains a revised schedule for review, subject to adjustment based upon citizen input received by staff. The portion of this timeline shaded in blue represents completed projects. Table 1 Key Milestone Date Task/Issue PC Work Session#1 3/11/19 Review memo describing Project Work Program; Provide guidance on timeline Public Outreach Hello-LO, Press Release, Mail Informational Notice HRAB WS#1 4/10/19 Project Kick Off and Overview 12.51.035 Historic Resources Advisory Board 50.01.001 Title and Purpose 50.01.003 Authority HRAB WS#2 6/12/19 _ 50.10.003 Definitions HRAB WS#3 7/10/19 50.07.001 Summary and Procedures Table Completed 50.07.003 Review Procedures Items 50.07.004 Additional Submission Requirements HRAB WS#4 9/11/19 50.06.009: Historic Preservation (Review SHPO's model code, OAR 660-023-0200 revisions, Demolition of National Register Properties,Secretary of Interior Standards for Rehabilitation, Demolition by Neglect) Internal Review 9/18/19- Review by CAO 9/30/19 PC Work Session#2 10/14/19 Provide status update and receive direction for ongoing work Check in program Review Draft(SHPO) 10/1 to Preliminary Review by SHPO 10/11 PC Work Session#3 12/9/19 Public Review Draft with revised code sections PC Hearing 2/10/20 PC Public Hearing PC Findings 3/9/20 PC Findings and Recommendation CC Study Session 4/7/20 CC Study Session CC Hearing 5/5/20 CC Public Hearing CC Adoption 6/2/20 Final adoption of Code by CC CLG Grant Deadline 9/15/20