Memorandum

City of Lawrence

Planning and Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Lynne Braddock Zollner, Historic Resources Administrator

 

CC:

Scott McCullough, Director PDS

 

DATE:

June 4, 2013

 

RE:

Changes to State Preservation Law

 

Please include on the next available City Manager’s Report to the City Commission.

 

   I.          House Bill 2118 and 2249  House Bill 2118, a bill to eliminate environs review from the State Preservation Law, was introduced during this legislative session.  This bill was passed by the House on February 27th and by the Senate as part of HB2249 on May 17th.  Governor Brownback signed the bill on May 30th and the changes to the State Preservation Law will go into effect on July 1, 2013.   

 

 II.          History  Originally enacted in 1977, the State Preservation Law – K.S.A. 75-2724 was part of the Kanas Historical Preservation Act which identified historic preservation as policy of the state.  Specifically, 75-2724 addressed government projects; existence of threat to historic property, procedure for determining; determination of whether to proceed, factors; judicial review; penalty, failure to follow procedures; delegation to cities, counties or state board of regents or institutions.   In 1981 the law was amended to widen the range of state or local government activities affecting historic properties that are subject to review by the State Historic Preservation Officer.  In 1988 the State Preservation law was amended to define limits for project notification (environs) and to establish penalties for certain violations.  This 1988 amendment established that notice must be given to the State Historic Preservation Officer when a proposed project was located within 500 feet of the boundaries of a historic property located within the corporate limits of a city.  Kansas was the only state in the United States that recognized at the state level in a state preservation law the importance of context review in the preservation of historic properties.

 

In 2003 the City of Lawrence entered into an agreement with the State Historic Preservation Officer to conduct reviews required by the State Preservation Law on the local level by the Historic Resources Commission (HRC). This agreement was renewed in 2012. If the HRC made a determination that a project would 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, the project could not proceed until the City Commission made a determination, based on a consideration of all relevant factors, that there was  no feasible and prudent alternative to the proposal and that the program included all possible planning to minimize harm to the historic property resulting from the project.   

 

On November 29, 1988, the City of Lawrence adopted Ordinance 5950 creating Chapter 22- Conservation of Historic Resources Code.   Chapter 22 identifies the local protection mechanisms for historic resources in the City.

 

III.          Elimination of State Environs Review House Bill 2249 eliminates the requirement to notify the State Historic Preservation Officer for projects that are within 500 feet of a historic property located within the corporate limits of a city. (The bill also eliminates the required review for properties within the environs of a historic property located in the unincorporated portion of a county.) The elimination of environs review or “context” review will significantly alter the way historic resources have been protected in the State of Kansas.  773 properties (either individually listed or located within a historic district) in Lawrence are listed in the National Register of Historic Places and the Register of Historic Kansas Places and are protected by the State Preservation Law. These properties are protected not only by the review of projects associated with the listed property, but also by an environs review for projects within 500 feet of the listed property.  During calendar year 2012, 171 projects were reviewed for their impact on the environs of state or national register listed properties.  71 projects were reviewed for properties listed in the state or national registers.  House Bill 2249 does not eliminate the required review for projects located on properties listed in the national and state registers.  Approximately 3,147 properties are currently subject to review under the State Preservation Law.  With the elimination of environs review, approximately 773 properties will be subject to State Preservation Law review.

 

The elimination of environs review removes the “encroach upon” language from the State Preservation Law.  Only projects that directly involve a property listed in the national or state registers will be reviewed. If the HRC makes a determination that a proposed project will damage or destroy a property listed in the national or state registers, the project will not proceed until the City Commission makes a determination, based on a consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to the historic property.  

 

IV.          Chapter 22   The Conservation of Historic Resources Code was adopted in 1988 to identify, evaluate, nominate, and promote the protection of historic resources in the City of Lawrence.  This chapter of the City Code establishes the Historic Resources Commission (HRC) and the Lawrence Register of Historic Places. The HRC can recommend to the City Commission nomination of properties to the Lawrence Register and the City Commission can by ordinance landmark historic properties and districts. Chapter 22 provides an “environs” review for properties listed in the Lawrence Register of Historic Places.  The environs review for properties listed in the Lawrence Register is similar to that established by the State Preservation Law in that its purpose is to protect the context in which the historic property exists. Local environs review is different from the State Preservation Law in that (1) it is only for properties within 250 feet of the Lawrence Register listed property; (2) it is only for projects that require a demolition or building permit; (3) the environs is defined by the HRC during the landmark process as to how projects will be reviewed; and (4) there is a presumption that the project will be approved unless “the proposed construction or demolition would significantly encroach on damage or destroy the landmark or historic district.” If the HRC denies a project and the owner appeals to the City Commission, the burden to affirm the denial shall be upon the HRC, the City or other interested persons. 

 

Currently there are 36 properties and one historic district (containing 22 properties) listed in the Lawrence Register of Historic Places. Approximately 988 properties are subject to review under Chapter 22.

 

 V.          Change in Properties Subject to Historic Review 

 

Properties subject to State Law Review (includes properties listed individually on the Kansas and National Registers, properties within historic districts and properties located in the environs- 500 feet)

3147

Properties subject to Chapter 22 Review (includes Lawrence Register properties listed individually, in a historic district and the environs – 250 feet)

988

Total properties subject to historic review* 6/1/2013

3265

Total properties subject to historic review* 7/1/2013 (Once changes to the State Preservation Law go into effect.)

1505

*Some properties are located in the environs of multiple listed properties and some properties are listed in the Lawrence, Kansas, and National registers.

 

VI.          Future Protection of Historic Resources in Lawrence Chapter 22 provides appropriate mechanisms to protect historic resources in Lawrence.  The differences in the number of properties listed in the Kansas and National registers and the Lawrence Register can be attributed to the financial incentives available to properties listed in the Kansas and National registers.  Currently there are no financial incentives to listing a property in the Lawrence Register.

 

Owners of historic properties interested in maintaining a context/environs review are encouraged to seek landmark designation under Chapter 22 of the City Code.    

 

VII.          Action Request  This memo is provided for informational purposes and no action is required.