Special Meeting on Section 18-196 Process for CBD Historic District Overlay - August 17, 2021

This special meeting of the Historic Preservation Commission (HBC) was convened to review and clarify the process for applications under Section 18-196 of the city code, which addresses removal of contributing status for buildings in the Central Business District Historic District Overlay (CBD HDO). The meeting was not a hearing on any specific case but rather an informational workshop to walk through the code's requirements, scoring rubric, and procedural steps. Commissioners asked questions and raised concerns about the fairness and application of the rubric, with staff providing explanations and noting potential future improvements. No votes were taken.

Discussion Items

• Overview of Section 18-196: Staff explained that the code applies to contributing buildings in the CBD HDO. If an applicant seeks demolition, a height restriction applies to future new construction unless the HBC removes the contributing status. Removing the status affects only the build-back height, not the National Register listing. The process involves a scorecard with four categories: cultural significance, architectural integrity, architectural style, and structural integrity, each worth up to 3 points (maximum 12). A score of less than 6 results in removal of the height restriction (allowing higher build-back).
• Two Paths for Applicants: If the property is within the CBD HDO boundary, the HBC makes the final decision. If outside the boundary but within the CBD, the HBC provides an advisory recommendation to the Planning Commission.
• Scoring Mechanics: Commissioners score individually based on evidence submitted. Points are assigned in half-point increments. For structural integrity, the code automatically awards 3 points unless a licensed engineer's report is submitted, which then gives 0 points (the code expresses this as negative points).
• Quasi-Judicial Concerns: Commissioner Christine asked whether commissioners could conduct independent research. Staff advised that while site visits or reading publicly available sources are permissible, any new findings should be shared only during the hearing and not discussed privately with other commissioners.
• Logistics of Scoring: Commissioners discussed the challenge of scoring on the night of a hearing. Staff suggested preparing a preliminary score based on the application and staff report, then adjusting during the hearing if new evidence emerges. The item can be continued if substantial new information is presented.
• Context and Consistency: Commissioners debated whether the scoring rubric adequately considers a building's context within its block. Staff noted that current design standards require review against the entire CBD HDO district, but the zoning code varies heights block by block. Staff indicated that amending the design standards is on their long-range work plan, likely after adoption of new land development regulations (expected December 2021).
• Critique of Scorecard: Commissioner Christopher expressed concerns that the rubric is too easily gamed, especially regarding structural integrity reports, and that it fails to capture the everyday significance of buildings to ordinary people. He argued that most buildings in the CBD would score low on architectural style and cultural significance. Staff acknowledged the code is imperfect and is under review for potential revisions.
• Frequency of Use: Staff noted the code section has been used only three times since its creation around 2008-2009 (two on the McCatherines building and the recent case that prompted this workshop). In many other demolitions outside the HDO, property owners simply accepted the height restriction without seeking removal.

Key Outcomes

• No formal decisions or votes were taken at this informational meeting.
• Next Steps: The continued case from July 2021 (the South Front Street project) is scheduled for the September 9, 2021 HBC meeting, where the process detailed in this workshop will be applied. Staff will provide a sample scorecard to commissioners for their review.
• Future Work: Staff committed to considering amendments to the design standards to better address block context and height congruity, with work expected in the next six to nine months after the new land development code takes effect.