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Commission asks City Council for clarification after ZBA rules zoning-use changes need not go before Historic Preservation Commission

2496939 · January 13, 2025
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Summary

Following a Zoning Board of Adjustment ruling that zoning text amendments changing use need not be reviewed by the Historic Preservation Commission, the HPC voted to request a written response from the City Council and to continue internal review of the municipal code.

The Ames Historic Preservation Commission voted to request a written response from City Council and city staff about whether the Commission should review zoning text amendments that affect the Old Town Historic District, after the Zoning Board of Adjustment (ZBA) last week declined to require Historic Preservation Commission review.

The dispute began when a zoning text amendment (ZTA) linked to the Romero House’s planned use prompted neighborhood concern that changes in allowable uses could affect the district. At a Jan. 8 ZBA hearing, the ZBA denied the Old Town Association’s request that zoning amendments affecting the district be routed to the Historic Preservation Commission; the ZBA’s decision was described in the meeting as unanimous. City staff and the city attorney have advised that proposed changes in use do not trigger HPC review, the Commission was told.

Several members of the public addressed the Commission. David Carter of 709 Douglas urged the Commission to assert a role in zoning amendments that affect landmarks and historic districts, saying the municipal code’s purpose language and the Commission’s bylaws call for broader notice and that the Commission’s process provides more public notice than the alternative planning channel. Carter also referenced the city’s historic preservation plan by consultant Will Page, noting the report repeatedly described zoning amendments coming to the Commission as part of the process.

David Thielen, executive director of the Ames Romero House, said his organization followed the city’s public process and views the project as consistent with preservation values; Thielen also urged civil discourse and noted the application focused on one lot adjacent to a commercial zone. "We are not against the HPC — we believe in what the HPC does and what it stands for," Thielen said.

Shelly Orngard, a resident, quoted Chapter 31’s purpose language and the Commission’s powers and duties, highlighting code language that directs the Commission to "review proposed zoning amendments that affect proposed or designated landmarks and historic districts." Orngard said a former city councilor, Sharon Worth, testified at the ZBA that the original intent of the ordinance was to include zoning amendments in the Commission’s review.

Commissioners debated whether "use" should trigger HPC review. Some commissioners said changes of use — for example to restaurants, childcare, or other activities — can produce visible exterior impacts (venting equipment, grease hoods, signage, increased traffic or noise) that affect the historic character and therefore warrant Commission input. Others argued that the Commission's primary focus should be exterior changes and the physical character of properties, not the intangible uses inside them, and cautioned against using preservation review to limit certain demographics or services.

Commissioners expressed concern about a lack of written response from the mayor, City Council or staff to a prior Commission letter seeking clarification. The Commission discussed a one‑page draft proposing the position that changes in use that potentially affect the district should be presented to the HPC before proceeding to zoning authorities. The Commission voted to: (a) request a written response from City Council and relevant city staff explaining the city’s interpretation and why the ZBA found that use does not require HPC review; (b) table detailed Commission action while staff and commissioners prepare suggested clarifying language and hold an in‑depth discussion at the next meeting; and (c) pursue drafting proposed ordinance amendments or guidance to clarify responsibilities between Chapter 29 and Chapter 31.

A motion embodying those requests and to continue discussion at the next meeting carried by voice vote. Commissioners set a goal of completing a recommendation or draft language within a few months if possible and requested that staff include the topic on the next meeting agenda and seek a written city reply before that meeting.