Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Lynne Braddock Zollner, Historic Resources Administrator

 

CC:

Scott McCullough, Director PDS

Sheila Stogsdill, Assistant Director Planning

Date:

October 17, 2011

 

RE:

Renewal of Agreement to Conduct State Preservation Law Reviews

 

 

Please place the following item on the next available City Commission Consent agenda..

 

     I.        Project/Item Description.  Five year agreement between the City of Lawrence and the Kansas State Historic Preservation Officer for the City of Lawrence to conduct the reviews required under K.S.A. 75-2724, as amended.

 

   II.        Project Description/History.  The City of Lawrence entered into an agreement with the Kansas State Historic Preservation Officer (SHPO) to allow the Lawrence Historic Resources Commission (HRC) to act on the behalf of the SHPO and conduct the reviews required under the State Preservation Law K.S.A. 75-2724, as amended.  The current agreement has expired and the City and SHPO need to execute a new agreement if the HRC is to continue to review projects under K.S.A. 75-2724, as amended.  K. S. A. 75-2724, as amended identifies

The state or any political subdivision of the state, or any instrumentality thereof, shall not undertake any project which will encroach upon, damage or destroy any historic property included in the national register of historic places or the state register of historic places or the environs of such property until the state historic preservation officer has been given notice, as provided herein, and an opportunity to investigate and comment upon the proposed project.

The HRC has conducted the reviews required by K.S.A. 75-2724, as amended since 2003. At their meeting on July 21, 2011, the HRC voted unanimously to recommend to the City Commission that the City renew the agreement with the SHPO and conduct State Law Reviews at the local level.

 

 III.        Project Details.  Benefits to the City of Lawrence and the residents of Lawrence for the HRC to conduct the required reviews under the State Preservation Law include: (1) The agreement allows staff to conduct the majority of reviews at an administrative level thereby reducing the amount of time for the review; (2) the HRC and historic resources staff have a better understanding of the complexities of historic resources located in Lawrence; and (3) this agreement allows for the review to be coordinated and conducted at the local level. If the City chooses not to renew the agreement, all projects that require review would be sent to the SHPO for review.  The City’s Building Codes Administrator and the Code Enforcement Manager would be responsible for making sure the projects are reviewed and approved before a building permit is issued. The SHPO has 30 days to initiate an investigation of a project.  During this time period, the SHPO may ask for additional information, send a letter of clearance, require a public hearing, or make a determination that the project will encroach upon, damage or destroy a historic property or its environs.  A request for additional information or a public hearing will lengthen the review time for a project. 

 

Currently the review time for Administrative Review Projects is 10 days.  Some applications such as sign permits are completed in 1-2 days. The HRC has a scheduled public meeting on the third Thursday of the month in the City Commission Room.  Applicants of large projects have a date certain for review of their projects as compared to the SHPO review where the determination of a public hearing is made at the time of the review of the project and may be held within 60 days. 

 

The review of projects under the State Preservation Law does not alter the requirement for review of projects under Chapter 20 or Chapter 22 of the Code of the City of Lawrence.  Many projects require review under City Code and the State Preservation Law.  Currently the HRC reviews projects for all the required reviews (State Preservation Law, Certificate of Appropriateness-Chapter 22, and Urban Conservation Overlay District Review- Chapter 20). If the City does not continue to review projects under the State Preservation Law, City Staff would have to coordinate each project review with the SHPO to make sure all reviews are complete before permits are issued.

 

  IV.        Staff Recommendation.  Staff recommends the City Commission authorize the City Manager to enter into an agreement with the SHPO for the HRC to conduct State Law Reviews required by K.S.A. 75-2724, as amended. The review of projects that require review under the State Preservation Law is best completed at the local level thereby reducing the time of review while protecting significant historic resources.  The reduction in staff workload of doing the reviews will not offset the resources required to coordinate the reviews.  Staff and the HRC will continue to review projects under Chapter 20 and Chapter 22.  The coordination of multiple reviews is more timely and effective when completed at the local level.   

 

Action Request.  Authorize the City Manager to enter into an agreement with the Kansas State Historic Preservation Officer for the performance of project reviews under K.S.A. 75-2724, as amended.