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HomeMy WebLinkAbout01/18/2023 - Historic Preservation Commission - AGENDA - Regular Meeting City of HistoricCommission F6rt CollinsDA Kurt Knierim, Chair Location: Jim Rose, Vice Chair This meeting will be held Margo Carlock In person at Chambers, 300 LaPorte Jenna Edwards And remotely via Zoom Bonnie Gibson Eric Guenther Anne Nelsen Staff Liaison: Vacant Seat Maren Bzdek Vacant Seat Historic Preservation Manager Regular Meeting January 18, 2023 5:30 PM Pursuant to City Council Ordinance No. 079, 2020, a determination has been made by the Chair after consultation with the City staff liaison that conducting the hearing using remote technology would be prudent. This hybrid Historic Preservation Commission meeting will be available online via Zoom or by phone and in person. The online meeting will be available to join beginning at 5:00 p.m. Participants should try to join online or in person at least 15 minutes prior to the 5:30 p.m. start time. IN PERSON PUBLIC PARTICIPATION: For public comments, the Chair will ask participants to queue at the podium to indicate you would like to speak at that time. You may speak when acknowledged by the Chair. ONLINE PUBLIC PARTICIPATION: You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom at https://fcqov.zoom.us/m/95421717693. (Using earphones with a microphone will greatly improve your audio). Keep yourself on muted status. For public comments, the Chair will ask participants to click the "Raise Hand" button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to comment. PUBLIC PARTICIPATION BY PHONE: Please dial 253-215-8782 and enter Webinar ID 954 2171 7693. Keep yourself on muted status. For public comments, when the Chair asks participants to click the "Raise Hand" button if they wish to speak, phone participants will need to hit*9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Commission. When you are called, hit*6 to unmute yourself. Documents to Share: Any document or presentation a member of the public wishes to provide to the Commission for its consideration must be emailed to mmatsunaka(a-)_fcgov.com at least 24 hours before the meeting. Provide Comments via Email: Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone are encouraged to participate by emailing comments to mmatsunaka(a�fcgov.com at least 24 hours prior to the meeting. If your comments are specific to any of the discussion items on the agenda, please indicate that in the subject line of vour email. Staff will ensure vour comments are provided to the Commission. Page 1 Packet Pg. 1 Fort Collins is a Certified Local Government(CLG)authorized by the National Park Service and History Colorado based on its compliance with federal and state historic preservation standards. CLG standing requires Fort Collins to maintain a Historic Preservation Commission composed of members of which a minimum of 40% meet federal standards for professional experience from preservation-related disciplines, including, but not limited to, historic architecture, architectural history, archaeology, and urban planning. For more information, see Article III, Division 19 of the Fort Collins Municipal Code. The City of Fort Collins will make reasonable accommodations for access to City services,programs,and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515(TDD 224-6001)for assistance. Video of the meeting will be broadcast at 1:00 p.m. the following day through the Comcast cable system on Channel 14 or 881 (HD). Please visit http://www.fcgov.com/fctv/for the daily cable schedule. The video will also be available for later viewing on demand here: http://www.fcgov.com/fcty/video-archive.php. • CALL TO ORDER • ROLL CALL • AGENDA REVIEW o Staff Review of Agenda o Consent Agenda Review This Review provides an opportunity for the Commission and citizens to pull items from the Consent Agenda. Anyone may request an item on this calendar be "pulled" off the Consent Agenda and considered separately. • Commission-pulled Consent Agenda items will be considered before Discussion Items. ■ Citizen-pulled Consent Agenda items will be considered after Discussion Items. • STAFF REPORTS ON ITEMS NOT ON THE AGENDA • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA • CONSENT AGENDA The Consent Agenda is intended to allow the Commission to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Agenda. Anyone may request an item on this calendar to be"pulled"off the Consent Agenda and considered separately.Agenda items pulled from the Consent Agenda will be considered separately with Commission-pulled items considered before Discussion Items and Citizen-pulled items considered after Discussion Items. Items remaining on the Consent Agenda will be approved by Commission with one vote. The Consent Agenda consists of: • Approval of Minutes • Items of no perceived controversy • Routine administrative actions 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF DECEMBER 14, 2022. The purpose of this item is to approve the minutes from the December 14, 2022 regular meeting of the Historic Preservation Commission. Page 2 Packet Pg.2 2. 416 STOVER—SINGLE-FAMILY DEMOLITION NOTICE The purpose of this item is to approve the Single-Family Demolition Notice for 416 Stover. 3. 330 SCOTT AVE/1224 W MAGNOLIA ST— SINGLE-FAMILY DEMOLITION NOTICE The purpose of this item is to approve the Single-Family Demolition Notice for 300 Scott Ave/1224 W Magnolia St. 4. 512 EDWARDS —SINGLE-FAMILY DEMOLITION NOTICE The purpose of this item is to approve the Single-Family Demolition Notice for 512 Edwards. • CONSENT CALENDAR FOLLOW UP This is an opportunity for Commission members to comment on items adopted or approved on the Consent Calendar. • CONSIDERATION OF COMMISSION-PULLED CONSENT ITEMS Any agenda items pulled from the Consent Agenda by a Commission member will be discussed at this time. • DISCUSSION AGENDA 5. REPORT ON STAFF ACTIVITIES SINCE THE LAST MEETING Staff is tasked with an array of different responsibilities including code-required project review decisions on historic properties, support to other standing and special work groups across the City organization, and education & outreach programming. This report will provide highlights for the benefit of Commission members and the public, and for transparency regarding decisions made without the input of the Historic Preservation Commission (HPC). 6. 1802 N COLLEGE AVE — POBRE PANCHO'S — APPLICATION FOR INVOLUNTARY FORT COLLINS LANDMARK DESIGNATION DESCRIPTION: This item is to consider the request for a recommendation to City Council on Landmark designation of the Pobre Pancho's Property at 1802 N. College Ave. The nomination is not supported by the owner, H & H Properties. APPLICANTS: Amelia A. Perez, Resident; Matt D. Perez, Resident; Christopher B. Bird, Resident; Monica Bird, Non-Resident/Nomination Preparer OWNERS: H&H Properties (Darren &Asher Haun, owners; Jeff Cullers, legal representative). • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS Any agenda items pulled from the Consent Agenda by a member of the public will be discussed at this time. • OTHER BUSINESS • ADJOURNMENT Page 3 Packet Pg.3 Agenda Item 1 AGENDA ITEM SUMMARY January 18, 2022 Historic Preservation • • STAFF Melissa Matsunaka, Administrative Assistant SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE DECEMBER 14, 2022 REGULAR MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the December 14, 2022 regular meeting of the Historic Preservation Commission. ATTACHMENTS 1. HPC December 14, 2022 Minutes— DRAFT Item 1, Page 1 Packet Pg.4 ITEM 1,ATTACHMENT 1 City of Historic Preservation Fort • llins Commission Kurt Knierim, Chair City Council Chambers Jim Rose, Vice Chair City Hall West Margo Carlock 300 Laporte Avenue Meg Dunn Fort Collins, Colorado Walter Dunn Eric Guenther Anne Nelsen Jenna Edwards Bonnie Gibson Regular Meeting December 14, 2022 Minutes • CALL TO ORDER Chair Knierim called the meeting to order at 5:32 p.m. • ROLL CALL PRESENT: Meg Dunn, Jenna Edwards, Bonnie Gibson, Eric Guenther, Kurt Knierim, Anne Nelsen, Jim Rose ABSENT: Margo Carlock, Walter Dunn STAFF: Maren Bzdek, Jim Bertolini, Brad Yatabe, Yani Jones, Melissa Matsunaka Chair Knierim thanked Meg Dunn for her service on the Commission noting this will be the last meeting of her nine-year tenure. Member M. Dunn thanked the City for the education and training provided for the Commission members. • AGENDA REVIEW Mr. Bertolini stated there were no changes to the posted agenda. • CONSENT AGENDA REVIEW No items were pulled from consent. Historic Preservation Commission Page 1 November 16, 2022 Packet Pg.5 ITEM 1,ATTACHMENT 1 • STAFF REPORTS ON ITEMS NOT ON THE AGENDA None. • CONSENT AGENDA • 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF NOVEMBER 16, 2022. The purpose of this item is to approve the minutes from the November 16, 2022 regular meeting of the Historic Preservation Commission. • 2. 416 N GRANT—SINGLE-FAMILY DEMOLITION NOTICE The purpose of this item is to approve the Single-Family Demolition Notice for 416 N Grant. • 3. 1318 W MOUNTAIN —SINGLE-FAMILY DEMOLITION NOTICE The purpose of this item is to approve the Single-Family Demolition Notice for 1318 W Mountain. Eric Guenther moved that the Historic Preservation Commission approve the Consent Agenda of the December 14, 2022 regular meeting as presented. Jenna Edwards seconded. The motion passed 7-0. • CONSENT AGENDA FOLLOW-UP • DISCUSSION AGENDA 4. REPORT ON STAFF ACTIVITIES SINCE THE LAST MEETING DESCRIPTION: Staff is tasked with an array of different responsibilities including code- required project review decisions on historic properties, support to other standing and special work groups across the City organization, and education &outreach programming. This report will provide highlights for the benefit of Commission members and the public, and for transparency regarding decisions made without the input of the Historic Preservation Commission (HPC). STAFF: Yani Jones, Historic Preservation Planner Staff Report Ms. Jones discussed the design review of 200 Mathews, the Carnegie Library rehabilitation project. Additionally, she highlighted a historic survey that was completed for 325 Mulberry Street, which was found to be not landmark eligible. Public Input None. Commission Questions and Comments Member M. Dunn requested the inclusion in the information about 718 and 724 South College that one of the properties was found to be eligible by the Commission but ultimately not deemed so by Council. Historic Preservation Commission Page 2 November 16, 2022 Packet Pg.6 ITEM 1,ATTACHMENT 1 5. HARPER GOFF, EAST MYRTLE, &WEST OLIVE ALLEY IMPROVEMENT PROJECTS DESCRIPTION: The applicant is seeking comment from the Historic Preservation Commission for improvements to three alleys: Harper Goff, East Myrtle, &West Olive. APPLICANTS: Downtown Development Authority OWNER: City of Fort Collins Staff and Applicant Presentations Todd Dangerfield, Downtown Development Authority, discussed the history of the alley improvement project and the competitive process that was utilized for the three alleyways currently planned for improvement. He stated the three projects are at a 60% design and he commented on some of the proposed features. Mr. Bertolini stated this item is being brought before the Commission as Downtown alleyways are frequently in the vicinity of or abutting historic resources. He noted the southeast apron of the Harper Goff Alley will outlet into the west boundary of the Old Town Landmark District and the East Myrtle Alley will run directly along the west boundary of the Laurel School Historic District and along the alley side of several City landmarks. He stated there are no currently identified historic resources along the West Olive Alley, although one property is likely to become eligible. Cara Scohy, Norris Design, provided summaries of existing conditions in the three alleyways and discussed the proposed design themes and included elements in the projects. Public Input None. Commission Discussion Chair Knierim asked if the murals in the alleyways will be retained. Ms. Scohy replied in the affirmative. Member M. Dunn commended the whimsical design proposals and noted the Harper Goff Alley was formerly used as a city marketplace. She suggested a market theme could be worth using to acknowledge the history of the block. Additionally, she commented on the work of Harper Goff and suggested themes could be parlayed from those connections as well. Chair Knierim asked if the trash screens in the Easy Myrtle Alley will affect parking. Mr. Dangerfield replied trash dumpsters and the like are frequently already taking up parking spaces and these projects tend to formalize those situations and consolidate trash collection areas. Member Guenther commended past work on the alleyways and praised the proposed designs. 6. 220 REMINGTON — FINAL DESIGN REVIEW PROJECT This item is to provide a final design review of a proposed rear addition for the DESCRIPTION: City Landmark at 220 Remington St., the Bode Property. The owner is seeking a Certificate of Appropriateness for their plans based on their consistency with the US Secretary of the Interior's Standards for Rehabilitation. APPLICANT: Ashley Stiles, Tribe Development Company, Fort Collins, CO (owner/developer) Chris Aronson, VFLA(design) ("Secretary's Note: Member Nelsen withdrew from the discussion of this item due to a conflict of interest.) Historic Preservation Commission Page 3 November 16, 2022 Packet Pg.7 ITEM 1,ATTACHMENT 1 Staff and Applicant Presentation Mr. Bertolini discussed the project location and role of the Commission. He commented on the history of the Bode Property and its landmark designation and provided details on the proposed project. He noted the proposed window on the north elevation has been dropped and the applicant will be proposing an alternative solar tube or skylight for the needed daylight. Mr. Bertolini outlined the proposed materials and showed elevation renderings. He stated staff's analysis is that the project is generally consistent with the Secretary of Interior standards and appears to meet the four requirements typically expected to be met for City landmarks: compatibility with the historic building, distinguishable from it, generally reversible, and subordinate to the historic building. Given the proposal to eliminate the north elevation window, Mr. Bertolini stated staff is recommending approval without conditions. David Carron, VFLA, discussed the current structure and proposed addition citing aspects that assist in relating the addition to the historic building. Public Input None. Commission Questions and Discussion Chair Knierim commended the thoughtfulness of the change of the window. Member M. Dunn concurred and also appreciated the change in roof form. She commended the setbacks from the historic building walls and expressed support for the project. Member Rose commended the project and its respect of the historic building. Member M. Dunn made a motion that the Historic Preservation Commission approve the plans and specifications for the alterations and addition to the Bode Property at 220 Remington Street as presented, finding that the proposed work meets the Secretary of the Interior standards for rehabilitation. This decision is based upon the agenda materials, the information and materials presented at this hearing, and from the preceding conceptual review and work session, and the Commission discussion on this item. Member Rose seconded the motion. The motion carried 6-0. 7. 323 S LOOMIS — APPLICATION FOR NON-CONSENSUAL FORT COLLINS LANDMARK DESIGNATION — HEARING 1 PROJECT This item is to consider the request for a recommendation to City Council on DESCRIPTION: Landmark designation of the A.J. Hood/Thompson Property at 323 S. Loomis Ave. The nomination is not supported by the owners, Jacqueline Zipser and Dr. Holger Kley. APPLICANT: Terri A. Berger, Resident; Thomas Steven Berger, Resident; Jeff Berger, Resident; Jerry L. Hubka, Non-Resident Staff and Applicant Presentations Ms. Jones outlined the role of the Commission and the process related to non-consensual landmark designation. She noted this hearing is centered around eligibility. She discussed the location of the property and discussed the architecture of properties in the Loomis Addition. She detailed the history of the property. Historic Preservation Commission Page 4 November 16, 2022 Packet Pg.8 ITEM 1,ATTACHMENT 1 Ms. Jones addressed the questions brought up at the work session. She noted there have been no successful involuntary residential nominations and only one other non-owner initiated landmark nomination for a residence, for 528 West Mountain Avenue in 2021, the nomination for which was ultimately rejected by City Council. She stated nomination applicants are not required to sign conflict of interest statements and she outlined the requirements for these petitions. She stated the City Code does not require any type of disclosure related to the possibility of involuntary designation when a property changes owners. Regarding the rationale for splitting up the designation procedure into two separate hearings before the Commission, Ms. Jones stated the idea is to separate a standards-based decision from a values-based decision. She noted there are 26 other cities in Colorado with a similar provision related to involuntary designation and it is a necessary aspect of creating a landmark district. Additionally, she noted the involuntary designation process creates an opportunity for compromise between the various parties. Regarding architecture, Ms. Jones stated this property is not the only example of the folk Victorian Queen Anne cottage in Fort Collins and there are 67 total Queen Anne style buildings in the Loomis Addition according to a survey report, 25 of which were found eligible for landmark designation and would be contributing to a potential district, and 53 of which were found eligible to contribute to a potential district only. Ms. Jones provided descriptions of the Queen Anne cottage, Tudor revival styles, and vernacular architecture and discussed examples of eligible and not eligible Queen Anne cottages from the Loomis Addition survey. She outlined the questions posed to the Commission regarding significance and integrity which would be necessary to determine the property to be eligible for landmark designation. She stated staff finds the nomination application is complete and meets the minimum requirements for documentation. Additionally, staff recommends the property is eligible under standard 3 for design and construction as an example of a Queen Anne cottage, but not eligible under standard 1. Assistant City Attorney Yatabe clarified there was some interest by several people to be added to the petition, and the conclusion of the City Attorney's Office was that the petition, as filed, cannot include additional petitioners; however, that does not prevent individuals in support of, or opposed to, the petition from providing public comment or submitting documents. Terri Berger stated this application is not meant to be adversarial to the homeowners and commented on previous residents of the home, including her parents. She commented on her family's history with the home and stated buildings can and should be preserved to tell stories of times that came before us. T.S. Berger stated this home should be preserved for future residents of Fort Collins and northern Colorado. He cited the unique structure of the home and its architectural and decorative elements, specifically the roof pitch and curve, wide porches, abundance of decorative elements, Tuscan columns, spindling, and cross gables. He detailed aspects of the home that seem to show some attention was paid to various mathematical equations in its design. Opponent Presentation Angela Hygh, attorney, discussed the ownership history of the property and noted the listing for house stated this property could provide the opportunity for a custom home. She also noted the home inspection found a significant amount of damage to both the interior and exterior of the house. She clarified no application has been submitted to the City for designation of the property by any of its owners, including the estate beneficiaries, the applicants, who owned the property prior to its purchase by Ms. Zipser and Dr. Kley, until the proceeds of the sale were paid to the estate and the sale was finalized. Historic Preservation Commission Page 5 November 16, 2022 Packet Pg.9 ITEM 1,ATTACHMENT 1 Ms. Hygh urged the Commission to keep in mind that the fundamental property rights of Ms. Zipser and Dr. Kley are at stake and requested the Commission not make a finding the property is eligible for historic designation except upon a finding that the standards set forth in the Code for eligibility have clearly been met based on evidence in the record. She argued those standards have not been met. Regarding significance, Ms. Hygh agreed with staff that criteria 1, 2, and 4 have not been met and also stated criterion 3 has not been met because the standard for design and construction is quite high and the property fails to meet it. She noted the historic survey described the home as being `reminiscent' of the Tudor revival style and `aligned' with the Queen Anne cottage style. Regarding integrity, Ms. Hygh stated the property is no longer able to convey any significance because of a lack of integrity. She noted many of the materials are not original, including the Tuscan columns and back porch. Additionally, she noted there are multiple areas of the home contaminated by asbestos and the home smells strongly of cigarette smoke, both of which present health issues and would require complete abatement of the interior and potentially parts of the exterior. She discussed issues with the integrity of the home's exterior, including foundation cracking. Public Input Amy Rosenberg opposed landmarking the property stating the property lacks integrity. She cited the cigarette smoke smell and likely termite infestation. Additionally, she stated the house is deeply affected by rot. Jeff Acker stated the mathematical information cited by the applicants does not warrant its significance. Bill Whitley supported the designation of the property. Andrew McCorkle opposed the designation of the property stating it was rightfully sold as a tear down. Appellant Rebuttal None. Opponent Rebuttal Ms. Hygh discussed staff research regarding the Queen Anne and Tudor revival styles. She stated most of the elements of both styles are not present on the property. She also noted uniqueness is not a criterion for eligibility and argued there is little significance related to former inhabitants of the home. Commission Questions Member Nelsen requested input regarding what falls under the purview of the Commission. Ms. Jones replied the role of the Commission is to determine the eligibility of the structure which includes its significance and integrity and the Commission is only to consider the exterior of the structure per Municipal Code Section 14-22. Member Guenther asked if the Commission can take into account a situation wherein the interior condition of the home prevents exterior rehabilitation. Assistant City Attorney Yatabe noted the Code's definition of eligibility references exterior integrity. He stated there could be some consideration of interior issues that could affect the existing integrity of the exterior or the ability to restore it. Member Nelsen asked Mr. Berger if he had any evidence the home's builder considered the mathematical concepts he cited earlier. Mr. Berger replied it seems it must have been considered with the home was designed; however, he has no specific evidence to that end. Historic Preservation Commission Page 6 November 16, 2022 Packet Pg. 10 ITEM 1,ATTACHMENT 1 Member Nelsen requested clarification from Ms. Hygh regarding her statement that if the home is not Queen Anne cottage or Tudor revival style, it does not possess significance. Ms. Hygh replied the Code states a home must embody an architectural style and there is no evidence in the record that this home embodies either style and is instead a hodgepodge of various styles; therefore, it fails to meet the standards for significance. Member M. Dunn asked for the Code citation that specifically says a property with a mix of architecture cannot be significant. Ms. Hygh replied she is not aware of such a Code section; however, the Code does state a property must embody an architectural style. Member M. Dunn stated the style could be a mix of different styles, and vernacular architecture often is that mix. Ms. Hygh read from the Code related to properties needing to embody identifiable characteristics of a type, period, or method of construction. Carolynne White, co-counsel for the appellant, noted the Code states a property must embody a particular architectural style and the application is specifically for the property embodying a Queen Anne style. Member M. Dunn requested input from the Assistant City Attorney related to the application and what the Commission can consider in terms of architectural style. Mr. Yatabe replied Code Section 14-31(A)(1)(a) states that staff shall review applications for landmark designation to determine whether the listed resource satisfies the eligibility criteria contained in Section 14-22. He stated staff has reviewed the petition and found, under Section 14-22, that the property is eligible. He stated staff has some flexibility to determine whether a property is eligible for landmarking without necessarily having to concur exactly with the application petition and the Commission has similar latitude. Ms. White noted staff also recommended the property as an example of Queen Anne architecture in the staff report. Commission Discussion Member M. Dunn made a motion that the Historic Preservation Commission adopt a written resolution to be signed by the Chair finding that, one, the A.J. Hood/Thompson property at 323 South Loomis Avenue is eligible to be designated as a Fort Collins landmark because the property possesses significance to Fort Collins under standard 3, design and construction, as an extremely rare, one-story house embodying a vernacular Tudor style Queen Anne cottage as supported by the analysis provided in the nomination document and attachments submitted by the applicant group on October 18t", 2022, and the staff report. And, the property clearly conveys this significance through integrity under all seven aspects of integrity as listed in Municipal Code Section 14-22(B), most especially through highly visible aspects of workmanship, design, and materials. Two, the Historic Preservation Commission adopts the findings of fact set forth in the staff report provided for this item, and three, that a second hearing before this Commission should be scheduled consistent with Municipal Code Section 14-33(C). Member Rose seconded the motion. Member Rose expressed concern regarding the hang-up on labels and stated it is unfortunate the home was tagged as a specific style when it is, in fact, a multitude of styles. He stated he does not believe the Code requires the Commission to identify an eligible structure by a specific style. He stated the home meets the significance criteria in Section 14-22 because that section very clearly gives license to interpretation. Member M. Dunn noted Fort Collins used to have more half-timbered buildings and this is the only single-story half-timbered building in Fort Collins she has ever seen. She commented on the agricultural, simple history of Fort Collins and stated this home is an example of that history. Member Guenther asked how the opponents are supposed to develop an argument in favor of their position if the Commission is going to adopt an `anything goes' approach. He stated the opponents have done a more than adequate job of stating their position based on what is specifically articulated in the Code. Historic Preservation Commission Page 7 November 16, 2022 Packet Pg. 11 ITEM 1,ATTACHMENT 1 Member M. Dunn disagreed this is an `anything goes' approach and stated the home is significant based on the knowledge of houses in Fort Collins, which is identifiable, clear, and objective based on the history of architecture in the city. She stated the architecture of this home embodies the significance of Fort Collins, especially at the time it was built. She noted the Code states a property must embody a type, period, or method and this home clearly embodies a period and method. Member Guenther stated that logic would then mean any home built in 1905 with unique characteristics should be eligible for historic designation. Member M. Dunn discussed the detail of her motion related to the style of the house and stated a home would not be landmarked if it did not embody something specific to Fort Collins. Chair Knierim commented on the examples provided in Section 14-22 related to design and construction significance, including residential buildings which represent the socio-economic classes within a community, but which frequently are vernacular in nature and do not have high artistic values. He stated that phrase seems to describe this house. Member M. Dunn clarified this house is not being considered eligible for its significance related to people. Member Nelsen concurred with Chair Knierim's comment about the Code section example and stated a second hearing will provide the opportunity to detail whether a non-consensual designation is justified. She stated the Code seems to support this property being eligible as a Fort Collins landmark. Chair Knierim noted the Commission does have a narrow charge in this hearing. Member Edwards agreed there are narrow parameters to this decision and, based on what she has heard, she would support identifying the property as being eligible for landmark status. Member Gibson questioned whether the integrity of the structure is enough to support eligibility based on design and construction regardless of its uniqueness, specifically design, materials, workmanship, and association. She stated the workmanship has been negatively affected by a lack of upkeep and maintenance. Member Guenther expressed concern with the narrow purview to which the Commission is confined. He stated he does not see a reason anyone who votes in favor of this motion would vote differently at a second hearing. He also stated he does not believe this property embodies a unique or specific architectural style and stated it is disingenuous for the Commission to not acknowledge the parameters provided by the application petition. Chair Knierim requested staff address the purpose of the two separate hearings. Ms. Jones replied the purpose is to separate the standards-based decision from more of a values-based decision. This meeting looks at the criteria for significance and integrity and whether the property meets those standards. The second hearing would allow the Commission to consider the policies and purpose statements in Sections 14-1 and 14-2 and whether the property meets applicable standards to such an extent that the designation is justified despite the will of the property owner. Member Rose stated it is unfortunate the home was not previously cared for in a way that would respect its value and he is sympathetic to the challenges of owning such a property. However, he stated the Commission is charged solely to examine the exterior of structures. He stated the Code is permissive in the sense that it requires the Commission to make judgments. He also stated there is no question this home represents some part of the story of Fort Collins. Member Gibson noted the Commission can take into consideration the effect on the exterior of the building should the entire interior need to be gutted. Mr. Yatabe concurred there are situations wherein that could be taken into account; however, he could not specifically say if this was one of those situations. Member Gibson stated just because this house is interesting does not mean it has integrity. Historic Preservation Commission Page 8 November 16, 2022 Packet Pg. 12 ITEM 1,ATTACHMENT 1 Member M. Dunn discussed the standards related to integrity and stated there is a preponderance of all of the standards in her opinion. Member Nelsen commented on the importance of this conversation to all parties in the room. The vote on the motion was as follows: Yeas: Edwards, Nelsen, Rose, M. Dunn, and Knierim. Nays: Gibson and Guenther. THE MOTION CARRIED. ("Secretary's Note: The Commission took a brief recess at this point in the meeting.) 8. 1901 & 1925 HULL STREET—APPEAL OF DETERMINATION OF ELIGIBILITY DESCRIPTION: This item is to consider the appeal of the staff determination of landmark eligibility for the residential properties at 1901 and 1925 Hull Street. On October 14, 2022, in fulfillment of a pre-submittal requirement for a development review application, staff determined that the properties meet the requirements to be considered an "historic resource" under the City's Land Use Code based on evidence and conclusions presented by an independent historic survey contractor in intensive-level survey forms, with some supplemented staff research and analysis. When undergoing development review, historic resources (properties that meet the City's standards to qualify as a City Landmark)are subject to the project approval requirements in Fort Collins Land Use Code Section 3.4.7. Staff decisions may be appealed to the Historic Preservation Commission. APPELLANT: Zell Cantrell, The True Life Companies (Representing Developer) Staff Presentation Mr. Bertolini discussed the properties at 1901 and 1925 Hull Street which were determined by staff to be landmark eligible. He noted this is a de novo hearing; therefore, the Commission will provide a new decision regarding the eligibility of the properties. He noted the decision of the Commission is appealable to City Council. Mr. Bertolini outlined the timeline of this process and the Land Use Code development review that is currently underway. He detailed the staff findings that the properties were significant based on design and construction and have sufficient historic integrity to convey that significance. He noted no public input has been received on the appeal. Appellant Presentation Zell Cantrell, The True Life Companies, thanked the staff for their professionalism and assistance in working through this process. He stated The True Life Companies is a real estate investment firm focused on delivering housing in underserved, high barrier to entry, or infill sites throughout the country. Mr. Cantrell discussed the property at 1901 Hull Street which was determined to be eligible under standard 3 related to distinguished design and construction. He showed photos of the buildings and stated both 1901 and 1925 have roof angle changes that would seem to indicate they had additions. He discussed other reports for homes deemed to be not eligible for landmark designation. Mr. Cantrell commented on the frequent mention of the semi-rural setting of the homes and noted the existing zoning map shows the properties, as well as many surrounding them, to be low-density, mixed-use neighborhood zoning, which would allow up to nine dwelling units per acre. The property to the north is designated as medium-density, mixed-use neighborhood which would allow up to twelve units per acre, including multi-family development. Additionally, he noted Swallow and Hull will ultimately be connected through the property to Taft Hill per the Master Transportation Plan. Mr. Cantrell briefly discussed the proposed project for the property which will include 54 single-family residences and a built-out street grid. Historic Preservation Commission Page 9 November 16, 2022 Packet Pg. 13 ITEM 1,ATTACHMENT 1 Public Input None. Commission Questions Member Guenther asked how long designations of eligibility would remain in effect if no efforts are made to designate the properties. Mr. Bertolini replied the Code specifies a finding of significance is valid for five years from the date of issuance. He stated the goal and intent of the Land Use Code pertaining to historic resources is that they not sit empty but are required to be incorporated in the development site; however, it is a possibility that the buildings do sit empty. Member Guenther asked Mr. Cantrell if they had considered any opportunities to incorporate the buildings into the design plans. Mr. Cantrell replied in the affirmative and stated 1901 Hull could potentially be left in its current position, although it does encroach into the future right-of-way for Hull Street. He stated 1925 Hull could be incorporated into the development in theory; however, he believes leaving them could be detrimental to the project. Member M. Dunn asked if this area is considered part of the Fossil Creek community. Mr. Bertolini replied this area is in what might be considered the upper end of Fossil Creek; however, most of the water is diverted off Spring Creek or the Poudre River. Member M. Dunn asked if there are any landmarked properties related to the Fossil Creek community. Mr. Bertolini replied he does not believe there are many landmarks in this part of the city but he will look that up. Member M. Dunn asked why the outbuildings were determined not to be eligible. Mr. Bertolini replied these two houses were found to be significant for their specific architecture and outbuildings are not generally found to be architecturally significant, which was the case here. Mr. Bertolini stated there are few current historic survey records at all for this area of the city and there are no landmarks in the quadrant. Member M. Dunn stated it is possible having two hearings could be helpful in this type of scenario. Mr. Bertolini replied that is technically the case here as the intent of this hearing is to consider significance and integrity and the considerations of value of preservation compared to the proposed project typically comes into play when the Commission would comment on a development application. Member Guenther requested staff input regarding the integrity issue relative to the rather large additions on both houses. Mr. Bertolini replied there is heavy emphasis on original construction with architectural significance; however, there is some allowance for alterations that are significant in their own right and these types of additions were quite common for farmhouses which is why staff found they did not detract from integrity or significance. He noted the Commission can reconsider that decision. Chair Knierim noted the Code language states a resource can be significant not only in the way it was originally constructed or crafted, but also in the way it was adapted for a later period or the way it illustrates changing tastes, attitudes, and/or uses over a period of time. Commission Discussion Member M. Dunn commented on cases wherein demolition permits were sought. She stated she agrees with Mr. Cantrell regarding most of his comments; however, she expressed concern about wiping out the history of an entire community given there are no landmarked properties in the area. She agreed there are likely other properties that better convey the history of the area and stated these properties may not have the desired level of significance. She suggested more surveys be completed in the area to make better decisions in the future. Member Guenther concurred and questioned whether the community would be well-served by preserving these properties. He agreed there is an important history for that part of town; however, there may not be any structures that should be retained to appropriately tell that story. Member Edwards questioned whether both properties have the same level of significance. Historic Preservation Commission Page 10 November 16, 2022 Packet Pg. 14 ITEM 1,ATTACHMENT 1 Member M. Dunn noted there is still a process the developer can use to demolish the properties even if they are determined to be eligible. She asked if something could be done in the development review process to ensure the history of the area is still referenced. Mr. Bertolini replied there are several criteria an applicant can use to seek a modification of standard to allow demolition or alterations. Member Rose stated the homes are very similar and not much is known about the history or previous occupants of either. He concurred the context is not going to be present for long given encroaching development. He stated he does not believe there is sufficient significance to warrant finding these properties eligible. Member Gibson stated she struggles with western vernacular architecture, and she is not sure these are the structures that would best represent the history of the area. Member Rose made a motion that the Historic Preservation Commission find that 1901 Hull Street does not meet the eligibility standards outlined in Section 14-22 of the Fort Collins Municipal Code and is not an historic resource for the purposes of project review under Land Use Code 3.4.7 based upon the following findings of fact and the Commission has determined the property does not posses either significance or integrity. Member Guenther seconded the motion. Member M. Dunn asked for input regarding integrity. Member Rose stated it is not known whether the property possesses any significant value in terms of workmanship. He noted it has been modified in a clumsy way and stated without significance, integrity does not matter. He also stated many of the aspects of integrity are not met anyway. The vote on the motion was as follows: Yeas: M. Dunn, Guenther, Gibson, Rose, Nelsen, Edwards, and Knierim. Nays: none. THE MOTION CARRIED. Member Nelsen stated that while the city's agricultural history is important, this is not the house to tell the story. Member Guenther made a motion that the Historic Preservation Commission find 1925 Hull Street does not meet the eligibility standards outlined in Section 14-22 of the Fort Collins Municipal Code and is not an historic resource for the purposes of project review under Land Use Code 3.4.7 based upon the fact that the property does not meet requirements for historic significance and integrity. Member Gibson seconded the motion. Member M. Dunn stated she is struggling with this property more as the home seems to be more intact and does convey the sense of a simple farmhouse. Member Nelsen stated it conveys the sense of a simple farmhouse because it currently exists on a farm. Member M. Dunn suggested the possibility of moving the home to the open space area where 1901 exists. Member Rose stated the addition on the rear portion is an intrusion as it has a modern door and windows and different siding. He suggested the addition negatively affects the overall integrity. Member Guenther concurred with Member Rose. Member Gibson requested input from staff regarding the thought process regarding the addition. Mr. Bertolini replied staff's finding relative to this property was that the rear addition has similar siding, similar window materials, and similar window patterning; therefore, it was deemed to be fairly consistent with the front of the house and was determined to be what would be expected to be seen on a vernacular farmhouse. Historic Preservation Commission Page 11 November 16, 2022 Packet Pg. 15 ITEM 1,ATTACHMENT 1 Member M. Rose asked Becca Shields, the architectural historian who completed the site forms, to weigh in on her opinion of the property. Ms. Shields replied she also struggled with significance and her main reason for recommending the buildings as being eligible and significant is because they are rare and there are no landmarked properties in this part of town. She agreed there may be better sites that represent agriculture in Fort Collins; however, these buildings are still rare. In terms of integrity, she stated it is common for vernacular properties to have additions and this addition has similar materials and does not overshadow the original building. The vote on the motion was as follows: Yeas: Nelsen, Rose, Gibson, Guenther, M. Dunn, Edwards, and Knierim. Nays: none. THE MOTION CARRIED. Member M. Dunn encouraged Mr. Cantrell to attempt to weave farming community history into the project. Mr. Cantrell replied those types of designs have already been considered and he believes there may be an opportunity for the park to include some type of reference. • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS Any agenda items pulled from the Consent Agenda by a member of the public will be discussed at this time. • OTHER BUSINESS Mr. Bertolini reminded the Commission of the upcoming Saving Places statewide historic preservation conference in February. He also thanked Meg Dunn for her service on the Commission. Member M. Dunn commented on a Past Forward conference several years ago in San Francisco and stated Saving Places has consistently been a better conference. Additionally, she announced the Historic Larimer County historic preservation winter mixer on January 14t" at the Masonic Lodge. Member Guenther suggested the involuntary designation process be examined in 2023. • ADJOURNMENT Chair Knierim adjourned the meeting at 9:53 pm. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Minutes prepared by and respectfully submitted by Melissa Matsunaka. ...................... ......................................................................................... approved by a vote of the Commission on Kurt Knierim, Chair Historic Preservation Commission Page 12 November 16, 2022 Packet Pg. 16 Agenda Item 2 REPORTSTAFF• - • • • ITEM NAME SINGLE-FAMILY RESIDENCE DEMOLITION NOTIFICATION —416 STOVER ST. STAFF Yani Jones, Historic Preservation Planner INFORMATION Demolition review and notification for single-family residences provides an opportunity to inform residents of changes in their neighborhood and to identify potentially important historic, architectural, and cultural resources, pursuant to Section 14-6 of Municipal Code. This process provides for consideration of a single- family property over fifty years of age proposed for demolition for a new single-family dwelling. Community members receive notice about that demolition and can bring forward information about the property, and if they believe it is eligible as a City Landmark, can take action to protect the property through designation. City staff initiates the notification process after receiving a request for single-family demolition via either a demolition permit or written request with preliminary construction plans. The property is included in the next available consent calendar for the Historic Preservation Commission (HPC). Community residents can contact staff or attend the HPC meeting either to provide information about the property and/or nominate the property as a City Landmark under the provisions of Section 14-31 of Municipal Code. 416 Stover St. Historical Background The property at 416 Stover St. was built c. 1893, according to Tax Assessor records. The first known residents of this property were J.W. and Amanda Dukes from 1902-1907; J.W. worked as a carpenter and contractor. The longest-time resident of this home was Henry Bechtholdt from 1952-1981. Henry was a Russian immigrant who moved to Fort Collins after retiring from farming in the Timnath/Windsor area, according to the 1998 survey by Jason Marmor. He lived at 416 Stover with his first wife Mollie (passed away in 1961) and then his second wife, Alice. The 1998 survey is attached for reference; Marmor found the property not individually eligible for the National Register of Historic Places but that it would contribute to a potential Eastside Historic District. The proposed demolition is not a total demolition, but it exceeds the 50% threshold for lost surface area, and so the single-family demolition notification process is required. Construction History DATE PERMIT# NAME DESCRIPTION 5/8/1944 7732 J.H.Johns Reroofing 1/17/1951 12102 Henry Bechtholdt Remodel inside and outside of residence Build 20x26 two car garage on rear end of lot 4/9/1951 12199 Henry Bechtholdt - blox 4/13/1978 60854 Henry Bechtholdt Underground lawn sprinkler 3/6/2018 B1801338 I Richard Taranow Reroofing Item 2, Page 1 Packet Pg. 17 Agenda Item 2 Residents (to 1975) YEAR NAME NOTES 1902 J.W. and Amanda L. Dukes J.W. - carpentry and contractor 1903 same J.W. -wagonmaker J.W. -wagonmaker at Star Blacksmith 1904 same and Machine Shop J.W. -wagonmaker and second hand 1906 same furniture 1907 Fred and Mea Milstead Fred -Stonemason 1908-1909 vacant 1909-1910 Emil, Maggie, and Elsie L. Zollner Elsie - student Emil - Farmer; Elsie -student; Cassie - 1910-1911 same and Cassie Zollner student 1913-1914 W.W. and Dora Lowry W.W. -clnr? (cleaner?) 1917 John W. and Ella Riddle John -emp GW Sugar Co 1919 John E. and Minnie Weinrich John - livestock Adolph G. and Lillie B. Bauer, exp; David A. Adolph - Bauer's Express and Baggage; 1922 and Esther L. Uman David -Shoe repair at J. Alpert 192S Otis A. and Carrie M. Marsh Otis - mechanic Hall Motor Co. 1927 same 1929 same no emp listed 1931 James H. and Carrie B.Johns no emp listed 1933 same 1934 same 1936 same 1938 same 1940 Jim and Carrie Johns Jim - Retired City employee James H.Johns; George M. and Ruby G. George- night round house foreman C 1948 Shoults & S Railway; John - no emp listed 1950 James H. and Carrie Belle Johns John - retired 1952 Henry and Mollie Bechtholdt Henry-farm worker Henry- Part time emp City of Fort 1954 same Collins 1956 same no emp listed 1957 same 1959 same Henry-Caretaker cemetery 1960 same Henry- retired 1962 Henry Bechtholdt Retired 1963 Henry and Alice Bechtholdt Henry- retired 1964 same 1966 No listing 1968 Henry and Alice Bechtholdt Henry- retired 1969 same 1970 same 1971 same 1972 same Item 2, Page 2 Packet Pg. 18 Agenda Item 2 YEAR NAME NOTES 1973 same 1975 same (through 1981) I 1948 Tax Assessor Photo , � . 1 � 1968 Tax Assessor Photo ATTACHMENTS 1. Current Photos 2. 1998 Survey Item 2, Page 3 Packet Pg. 19 ITEM 2,ATTACHMENT 1 I� mmp- 1 - - J � I r 1 1 mil, ,t,� �4�.� '►.� '•tir i + �T WEST ELEVATION Packet Pg.20 ITEM 2,ATTACHMENT 1 t o c 10' f NORTH ELEVATION Packet Pg.21 Packet .g ITEM 2,ATTACHMENT 1 toe I , + i 1� y, EAST ELEVATION Packet Pg.23 ITEM 2,ATTACHMENT 1 l � SOUTH ELEVATION Packet Pg.24 ITEM 2,ATTACHMENT 2 OAHP1403 COLORADO HISTORICAL SOCIETY SITE NO.: SLR3459 Office of Archaeology and Historic Preservation 1300 Broadway Denver,CO 80203 QFFIGE USE ONLY Eligible for Nafronal Register yes no date; initials. HISTORIC BUILDING INVENTORY Criteria'',�A B ^C __D Contributes to a potential National Register district ,yes district name: Eligible for State Register_ yes n0 COUNTY: Larimer CITY: Fort Collins date initials Gnterla a b c T� Areas 4 slgnific6nce HISTORIC BUILDING NAME: Dukes House PenQd Of significance Needs data 'dare Initials CURRENT BUILDING NAME: none LOCAL LANDMARK DESIGNATION: []yes [X]n0 Date of designation: N/A ADDRESS: 416 Stover Street Designating authority: N/A Fort Collins, CO 80524 Parcel No. 97124-08-005 P.M.: 6th township: 7N range: 69W SW %of SW Y,of SW Y,of SE V, of section 12 OWNER NAME&ADDRESS: Margaret G. Thomas Trust DTD 8-26-83 UTM REFERENCE- Zone: 13 1640 El Paso Road Easting: 494440 m.E La Jolla, CA 92037 Northing: 4492160 m.N USGS QUAD NAME: Fort Collins, CO Year: 1960 (Photorevised 1984) [X]7.5- []15' STYLE: Late 19th-Early 20th Century Vernacular Block: 184 Lot(s): S'/2 of Lot 6 Addition: N/A (original Fort Collins townsite) Year of addition: 1873 BUILDING TYPE: [X]original location []moved Date of moves(s): N/A MATERIALS: Foundation- unknown; wood frame, clapboard siding, HISTORIC USE: single family dwelling asphalt shingle roof PRESENT USE: rental dwelling_ STORIES: 1 SQUARE FOOTAGE: 868 DATE OF CONSTRUCTION-estimate: 1875-1894 actual: Source of information:W.C. Willits map of Fort Collins (1894) PLAN SHAPE: „ ARCHITECT: Ullk nt2w_7 Source of information: N/A BUILDER/CONTRACTOR: Unknown Source of information: N/A N ORIGINAL OWNER: Unknown Source of information: N/A ASSOCIATED BUILDINGS-[X]yes []no Type: detached garage RV ITEM 2,ATTACHMENT 2 ARCHITECTURAL DESCRIPTION: This nondescript and modest historic home, located on the east side of Stover Street, is a one story,wood frame, vernacular dwelling. The building exhibits a rather complex plan that may be the result of a series of additions. The original core portion of the building is a rectangular plan structure with a very low pitched hip roof culminating in a flat crest, and a wide, windowless front gable decorated with imbricated shingles. One possible early addition is a wing that projects from the right rear(southeast) corner; this wing has a combination gable and shed roof. This south-facing gable features returning eaves. Two large lean to additions are affixed to the front(west) and south sides of the original, core mass. These lean-to additions are fenestrated with numerous small,plain 1-over-1 double hung windows. The lean-to addition on the front side of the dwelling contains three pairs of these windows on the front(west) side, and one pair on each side. The main entry to the dwelling is located on the south side lean-to addition and further back on the same addition are a set of glazed multi-light French(double) doors. The home has a very low profile and, except for the shingles on the front gable, is devoid of ornamentation. Overall,the house appears to be in good condition. At the rear of the lot, adjacent to the alley, is a large,two bay, concrete block-walled, detached garage with a relatively low pitched gable roof. Drop siding is applied to the gable end of the garage, and the vehicle openings are sealed with individual wooden tilt-up doors The garage is much younger than the dwelling, and would be considered a noncontributing element of the property. additional page(s PHOTOGRAPHS(include photographs showing each side of building and any associated buildings) Film roll no.: ES-52 Photographer: Jason Marmor Negative no.: 7, 9 1 Location of negatives: City of Fort Collins Advance Planning Department CONSTRUCTION HISTORY(include description and dates of major additions,alterations,or demolitions): This modest vernacular dwelling was erected sometime between the date the townsite of Fort Collins was laid out(1873), and 1894,when a detailed map of Fort Collins by civil engineer W.C. Willits was published. The Larimer County Assessor provides an erroneous construction date of 1941. Unfortunately, Sanborn map coverage of this part of Stover Street is unavailable, rendering it difficult to determine the physical evolution of this house. Two long rooms with shed roofs- on the front and south sides of the dwelling-probably represent old additions. The main entry may have originally been on the front facade, and was likely changed to the south side when these additions were installed at an unknown date. No record of a building permit for the detached garage was located for the period 1920-1949; therefore, it is judged that this concrete block-walled structure was erected after 1949. additional page(s Packet Pg.26 ITEM 2,ATTACHMENT 2 HISTORICAL BACKGROUND(discuss important persons and events associated with this building): This modest vernacular wood frame dwelling was built prior to 1894, and its history prior to 1902 is obscure. In that year(1902) it was occupied by carpenter and contractor J.W. Dukes and his wife Amanda. The Dukes had moved out by 1908, at which time the property was listed as vacant. In 1909-10,Emil Zollner and his wife Maggie were residing at this address. Emil Zollner was a German immigrant who came to the United States in 1879, and after homesteading near Holyoke, Colorado he married Margaret Lowe in Denver before relocating to Larimer County around 1893. He farmed in the Boxelder area until his retirement. The Zollner family had moved to another residence by 1913-14 (probably at 209 South Loomis Street). They were succeeded by contractor W.W. Lowry and his wife Dora. In 1922 the home was occupied by Adolph Bauer, owner of Bauer's Express &Baggage, and his wife Lillie. The Bauers shared the dwelling with D.A. Uman. Later in the 1920s the Bauer family was replaced by Otis and Carrie marsh. Otis Marsh was employed at that time as an automobile mechanic for the Hall Motor Company. In the 1930s and 1940s the home was utilized by the Johns family, consisting of James Johns, a retired Fort Collins policeman, and his wife Carrie. Mrs. Johns passed away in march of 1947; her husband remained in the house at least into 1948 along with George M. Schoults, night roundhouse foreman for the Colorado and Southern Railway, and his wife Ruby. Mr. Johns then moved to 20 Parker Street whereAdied in November of 1951 at the age of 83. After the departure of the Johns family, the house at 416 Stover Street was inhabited by Henry Bechtoldt, a Russian immigrant who had farmed in the Windsor and Timnath areas before moving to Fort Collins in 1951. He moved to this house around 1951 with his wife of over 30 years, Mollie(Lichtenwaldt)Bechtoldt. She passed away in May of 1961. In November of the same year Mr. Bechtoldt remarried to Alice Minch Hoff, another German from Russia. Henry Bechtoldt passed away in March of 1981 at the age of 83. Alice Bechtoldt had apparently relocated within a few years after her husbands death to a Denver nursing home where she died in February of 1989. In recent years,the house at 416 Stover Street has been used as a rental property. additional page(s INFORMATION SOURCES(be specific): 1)Fort Collins city directories, 1902-1985; 2) Larimer County Assessor property record for 416 Stover Street; 3)Andrew J. Morris, ed., History of Larimer County, Colorado, Volume I(Dallas, Texas: Curtis Media Corporation, 1985), section F531; 4) "Emil Zollner, Pioneer, Dies,"Fort Collins Express- Courier, February 4, 1942; 5) "Johns, Veteran Policeman, Dies,"Fort Collins Coloradoan,November 14, 1951; 6) "Mrs. Carrie Johns, Here 19 Years, Goes in Death,"Fort Collins Coloradoan, March 16, 1947; 7) obituaries for Henry Bechtoldt and Alice Bechtoldt, Fort Collins Coloradoan, March 2, 1981 and February 10, 1989. additional page(s Packet Pg.27 ITEM 2,ATTACHMENT 2 SIGNIFICANCE(check appropriate categories) THEME(S): Architectural significance: Historical significance: [J represents the work of a master []associated with significant person(s) []possess high artistic value []associated with significant event [j represents a type,period,or method of []associated with a pattern of events construction [j contributes to an historic district National Register eligibility: Individual []yes [X]no Contributes to a potential district: Criteria:[]A []B []C []D [X]yes []no Area(s)of significance: N/A District name: Fort Collins Eastside Period of significance: N/A Historic District STATEMENT OF SIGNIFICANCE(briefly justify the Significance checked above): This propertyis situated outside the boundary of the Laurel School Historic District that was entered on the National Register of Historic Places in 1980. It was not determined to be associated with historically important events,patterns of events, or persons, nor does it embody sufficient architectural importance to qualify as individually eligible for the National Register of Historic Places nor for designation as a Local Landmark. However,the home at 416 Stover Street is a relatively early working class dwelling that was built within two decades after establishment of the Fort Collins townsite. It has been an integral part of the Eastside residential area since before 1894, and contributes to the historic architectural character and diversity of the area. For these reasons the home would be considered a contributing element of a potential locally designated historic district encompassing the largely residential Eastside neighborhood bounded roughly by Remington Street, E. Mulberry Street, E. Mountain Street, and Riverside Avenue. additional paae s INVENTORY COMPLETED BY: Jason Marmor DATE: July 1998 AFFILIATION: City of Fort Collins Advance Planning Department PHONE:(970) 224-6078 ADDRESS: 281 North College Avenue PROJECT NAME: Fort Collins Eastside Fort Collins, CO 80522 Neighborhood Survey Project Packet Pg.28 - tip,,•`qT. ATTACHMENT 2 1 } zr. e i w i .dt. A^� of t Y T i t# t l i lt� y -t-- i Packet Pg.29 Agenda Item 3 REPORTSTAFF• Preservation C• • ITEM NAME SINGLE-FAMILY RESIDENCE DEMOLITION NOTIFICATION —330 SCOTT AVE./1224 W. MAGNOLIA ST. STAFF Yani Jones, Historic Preservation Planner INFORMATION Demolition review and notification for single-family residences provides an opportunity to inform residents of changes in their neighborhood and to identify potentially important historic, architectural, and cultural resources, pursuant to Section 14-6 of Municipal Code. This process provides for consideration of a single- family property over fifty years of age proposed for demolition for a new single-family dwelling. Community members receive notice about that demolition and can bring forward information about the property, and if they believe it is eligible as a City Landmark, can take action to protect the property through designation. City staff initiates the notification process after receiving a request for single-family demolition via either a demolition permit or written request with preliminary construction plans. The property is included in the next available consent calendar for the Historic Preservation Commission (HPC). Community residents can contact staff or attend the HPC meeting either to provide information about the property and/or nominate the property as a City Landmark under the provisions of Section 14-31 of Municipal Code. 330 Scott Ave. (1224 W. Magnolia St.) Historical Background The property at 330 Scott Ave. was built c. 1945, according to Tax Assessor records. The first known residents of this property were Walter H. and L. Jane Schaeffer, from 1948— 1952, based on City Directories; Walter worked as a professor of forestry at Colorado A&M. The longest-time residents of this home prior to 1975 were Major/McKinley"Mac" and Neva Hedges, from 1960— 1970. Mac/Major worked as a serviceman for the City of Fort Collins and retired in 1968. There is no detailed survey record available for this property. The proposed demolition includes the c. 1945 house and the c. 1945 garage. This demolition notification was initiated by Joseph Sullivan, President and authorized representative of Archer Homes, Inc., the property owner. Construction History (building permit records) DATE PERMIT# NAME DESCRIPTION 6x10 deck with 8x14 covered awning on west 9/1/2005 B0504061 James W.Thomas side; 6x12 deck on south side Residents (to 1975) YEAR NAME NOTES 1948 330-Walter H. and L.Jane Schaeffer Walter- prof of forestry Colo A&M Walter-Assistant professor Forest 1950 same Utilization Colo A&M Item 3, Page 1 Packet Pg.30 Agenda Item 3 YEAR NAME NOTES Walter-associate professor School of 1952 same Forestry Colo A&M John -Salesman Valentine Motor 330-John W. and Virginia E.Tipton; Barney J. Mart; Barney-steel superintendent 1954 and Freda Overhiser Mead and Mount Construction Co. 330-same; Richard J. and Frances A. John -salesman Sun Life Assurance; 1956 Teodonno Richard -student Colo A&M 330-John W. and Virginia E.Tipton; 330 1/2 - 1957 Kermit L. and Jari F.Talbert John -same; Kermit-Student CSU 330- McKlosky and Layland; Robert L. and Robert- paint contractor(McKlosky 1959 Beverly J. Layland and Layland) 330- McKinley M. "Mac" and Neva M. 1960 Hedges Mac-service Ft. Collins City Shop 1962 same 1963 same Major-service department City of 330- Major M. and Neva Hedges; 330 1/2 - Fort Collins; Augustine - horticulture 1964 Augustine F. Musante dept. employee CSU Major-City serviceman;Augustine- 1966 same (but no 330 1/2,just 330) laborer CSU 1968 same Major- retired;Augustine -emp CSU 1969 same 1970 same Raoul -furniture refinisher;Vicki - 1971 Raoul A. and Irene Vallee;Vicki Walden Accountant same; Roger-furniture refinisher, 1972 same; Roger Mitchell electrician 1973 same (Mitchell no longer listed) Arthur-furniture refinisher same;Arthur K.,James E. and Marie, and (Woodblock Inc.);James-printer; 1975 Roger W. Mitchell;John Weins Roger-electric technician Item 3, Page 2 Packet Pg.31 Agenda Item 3 • lip ry , I G02848 C 1948 Tax Assessor Photo d41r 4 y? wwr.vv,. ■ ^ . L h 1968 Tax Assessor Photo ATTACHMENTS 1. Photos 2. Statement of Authority— For Joseph Sullivan, President of Archer Homes, Inc. (owner) Item 3, Page 3 Packet Pg.32 :�• a-'a i •.: qL Jj Future Dream Nk South Ele ' sK ti r , • ��. _ IClow op } % ElevationMF West � . Packet ., V. All Mb 1110 4 r �1 "d�' .y_ i �, � � �.y,Fes- ` � •I 1 r `r j:. /� .4r ' i! ►;� _� K •. o', .-� ice-= \ /^ � —� ' ►4 _ � - � �.,r' a~ '• ,`,\ �,� r �. � _ 41 :�`ram L'� , ,I r 4��� J-77 {� ! ` East Elevation .tr� 1 /���1�t ,kxn ��• YYSj�•�� �%f; 1L,1 �"..e- �, �� f 1,� ��s _ �" �. ..i /�� � k9t..�'l�t'b �.>"�a -•"'al� J_`d it�'� :�Y•1;T f� —� t r ` -`�� •i c, <�. �' y �-�_ f/ f�,;yam 7 ��� � i �.►. _ - / � /` � ` \ �� � � /'� �J' �.�-ter- 7w Wki 16. AIII ANN. FAIL ?IN A AL Alt L1\ v 4, 4 JA; AN A Z 4-lm.. F/ A AX.;4 Wq ddI 6v -d*W Armom IIIIII lip I p;;-- RECEPTION#: 20150032623, 05/29/2015 at 07 : 45: 11 AM, 1 OF 1 , R $11 . 00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer County, CO ITEM 3,ATTACHMENT 2 STATEMENT OF AUTHORITY (` 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity' named ARCHER HOMES INC, A COLORADO CORPORATION 2. The type of entity is a: X corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership limited liability company limited partnership association eneral partnership government or governmental subdivision or agency limited partnership Trust 3. The entity is formed under the laws of_COLORADO 4_ The mailing address for the entity is: 5. The name and position of each person or entity authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: _JOSEPH PAUL SULLIVAN, PRESIDENT 6_ The authority of the foregoing to bind the entity is not limited limited as follows: 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of ` 38-30-172, C.R.S. Executed this day of , 20 . ARCHER HOMES INC, A COLORADO CORPORATION by: JOSEPH PAUL SULLIVAN, PRESIDENT by: (Prrname an title} (Print name and title) Si nature Signature STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 20/J by JOSEPH PAUL SULLIVAN AS PRESIDENT OF ARCHER HOMES INC, A COLORADO CORPORATION CHRISTINA F REI NOTARY PUBLIC Witness my hand and official seal. sTATE OF COLORADO NOTARY ID 20034003375 O,Y COMMISSION EXPIR5S JANUARY 29,2019 otary P li.c My commission expires; GUARDIAN TITLE AGENCY FT: COLLINS FILEf �� � 1 This form should not be used unless the entity is capable of holding title to real property. 2 Any authorized entity must also complete a Statement of Authority. 3 The absence of any limitation shall be prima facie evidence that no such limitation exists. 4 The statement of authority must be recorded to obtain the benefits of the statute. STMTAUTH Packet Pg.38 Agenda Item 4 REPORTSTAFF• - • • • ITEM NAME SINGLE-FAMILY RESIDENCE DEMOLITION NOTIFICATION —512 EDWARDS ST. STAFF Yani Jones, Historic Preservation Planner INFORMATION Demolition review and notification for single-family residences provides an opportunity to inform residents of changes in their neighborhood and to identify potentially important historic, architectural, and cultural resources, pursuant to Section 14-6 of Municipal Code. This process provides for consideration of a single- family property over fifty years of age proposed for demolition for a new single-family dwelling. Community members receive notice about that demolition and can bring forward information about the property, and if they believe it is eligible as a City Landmark, can take action to protect the property through designation. City staff initiates the notification process after receiving a request for single-family demolition via either a demolition permit or written request with preliminary construction plans. The property is included in the next available consent calendar for the Historic Preservation Commission (HPC). Community residents can contact staff or attend the HPC meeting either to provide information about the property and/or nominate the property as a City Landmark under the provisions of Section 14-31 of Municipal Code. 512 Edwards St. Historical Background The property at 512 Edwards St. was built in 1921 by Fred Patterson, according to permit records. The first known residents of this property were Charles H. and Rose Dvorak in 1922, based on City Directories; Charles was a student. The longest-time residents of this home prior to 1975 were John T. and Lavina A. Buress, from 1948— 1962, based on City Directories. John was a salesman, working at one point for Mother Huppard [sic] Products and retiring in 1952. There is no detailed survey record available for this property. The proposed project includes a remodel of the existing house and demolition of the small outbuilding at the rear of the house; although this is not a total demolition, it exceeds the 50% threshold for lost surface area, and so the single-family demolition notification process is required. Construction History (building permit records) DATE PERMIT# NAME DESCRIPTION 7/29/1921 781 Fred Patterson 4 room cottage New garage,frame, 10x14, composition roof, 11/16/1927 1881 Guy M. McKinney boards and batts exterior 12/21/1927 1806 1 Guy M. McKinney Enclose rear porch and sheet rock, plaster 5/29/1939 5792 T.L. Foatz Reroofing 5/15/1941 6583 Harold R. Bole Refloor porches 6/12/1944 7822 Herbert Berry Glass in porch 10/21/1949 11469 J.T. Buress Extend roof over porch Item 4, Page 1 Packet Pg.39 Agenda Item 4 DATE PERMIT# NAME DESCRIPTION 12/12/2002 B0207296 Roy W. Martin Reroofing Residents (to 1975) YEAR NAME NOTES 1922 Charles H. and Rose Dvorak Charles-student 1925 Guy and Annette McKinney Guy- rancher 1927 same (Annette "Nettie") Guy- laborer 1929 same 1931 same 1933 same 1934 Guy McKinney no emp listed 1936 Vacant 1938 Theo and Alice Faatz no emp listed 1940 Harold R. and Josephine Bole Harold-student 1948 John T. and Lavina A. Buress John -salesman John -salesman Mother Huppard 1950 same Products 1952 same John - retired 1954 same 1956 same no emp listed 1957 same 1959 same John - retired 1960 same 1962 John T. Buress retired Betty- credit manager Mont Ward and Co.; Larry- press man Fort Collins 1963 Larry E. and Betty K. Bechtholdt Coloradoan 1964 Vacant 1966 Jerry Youmans student 1968 Nick and Myrtle I. Hess no emp listed 1969 Gerald J. and Beverly Evans Gerald-student CSU 1970 same 1971 no listing Richard -serviceman Empire Gas of 1972 Richard W. and Joanna Simmons Fort Collins 1973 same Richard -driver Schrader Oil Richard W. Simmons (Joanna not listed); Kevin-student; Scott-student, 1975 Kevin J. Marra; Scott Cressey Richard - no emp listed Item 4, Page 2 Packet Pg.40 Agenda Item 4 Ir ' t IF w BOo Fw J. 1948 Tax Assessor Photo �y u■■u ■ 1968 Tax Assessor Photo ATTACHMENTS 1. Photos Item 4, Page 3 Packet Pg.41 ITEM 4,ATTACHMENT 1 4 1 A r 512 - _:.. "mot`•%-'`„- _ �+ • - .at- .1�„•s,. �' ..i �•• ."�' 'fl� ' ''... ,• - ' +' ��,�r'�f �"4�ci � -;.i�.t^ .•. L�'�'f`. •., .e,. •a1,. ~ `�I•K ��D-1t V - .. , ^r r .♦ ��yd yry� •^ - i -� ~ Z`{L`wW�t�•• 1l�Aff " r •a� �•�{J1 •� r." �2 .. •<` �. L. '►• f..:�^ .-, .. a �'�r!'t t a •`pit... South Elevation Packet Pg.42 T- Packet ., �. . i '! . 1 ' 1 • Packet .g r `i 'r 1 - �- �� /.'��. �J�/l�'�t�, .�x �' Wit' r. •�;; � � ;i���_\� '_ i� •mac+,�i�.,f.!' �S" ' �,� .ter _ `'Y ,• - - ' - -• � �- , �`': .% tJ.� _ _.}. ..r•� ,.SIT'..- � '` + '. its ...►'••R -� .. �,1r '�. ,.. �- . ♦tit-�� i'�o'�`' �'. � h1 ;�:. ; �'" Agenda Item 5 REPORTSTAFF• - •n Commission ITEM NAME STAFF ACTIVITIES SINCE THE LAST MEETING (COVERING DECEMBER 1, 2022 TO JANUARY 4, 2023) STAFF Yani Jones, Historic Preservation Planner Jim Bertolini, Senior Historic Preservation Planner Maren Bzdek, Historic Preservation Manager INFORMATION Staff is tasked with an array of different responsibilities including code-required project review decisions on historic properties, support to other standing and special work groups across the City organization, and education & outreach programming. This report will provide highlights for the benefit of Commission members and the public, and for transparency regarding decisions made without the input of the Historic Preservation Commission (HPC). Specific to project review, in cases where the project can be approved without submitting to the Historic Preservation Commission (HPC), with issuing a Certificate of Appropriateness or a SHPO report under Chapter 14, Article IV of the City's Municipal Code. Staff decisions are provided in this report and posted on the HPS's "Design Review Notification" page. Notice of staff decisions are provided to the public and HPC for their information, but are not subject to appeal under Chapter 14, Article IV, except in cases where an applicant has requested a Certificate of Appropriateness for a project and that request has been denied. In that event, the applicant may appeal staff's decision to the HPC pursuant to 14-55 of the Municipal Code, within two weeks of staff denial. Beginning in May 2021, to increase transparency regarding staff decisions and letters issued on historic preservation activities, this report will include sections for historic property survey results finalized in the last month (provided they are past the two-week appeal deadline), comments issued for federal undertakings under the National Historic Preservation Act(also called "Section 106"), and 5G wireless facility responses for local permit approval. The report below covers the period between December 1, 2022 to January 4, 2023. There is a short staff presentation this month highlighting items and events from the previous month. Item 5, Page 1 Packet Pg.46 Agenda Item 5 Education &Outreach Activities Part of the mission of the Historic Preservation Services division is to educate the public about local, place- based history, historic preservation, and preservation best practices. Below are highlights from the last month in this area. Program Title Sponsor-Audience- Description #of Date of Partner Attendees Event/Activity Staff Design Review Decisions &Reports—Municipal Code Chapter 14 Property Address Description of Project Staff Date of Decision Decision 116 Pearl St. (Landblom Solar PV system. City Landmark. Reviewed Approved December 6, 2022 Property) by staff under Municipal Code 14,Article IV. 701 Mathews St. Fencing. City Landmark and contributing (Schroeder/McMurry property in Laurel School NRHP District. Approved December 7, 2022 Property) Reviewed by staff under Municipal Code 14, Article IV. Basement egress and bathroom window in 622 Remington St. existing openings toward house rear, one (C.M. Smith House) boarded, one non-historic window. City Approved December 12, 2022 Landmark. Reviewed by staff under Municipal Code 14, Article IV. 1108 W. Mountain Ave. Reroofing (asphalt shingles to Decra stone- (George W. and Estella coated metal). City Landmark. Reviewed by Approved December 13, 2022 Bell House and Garage) staff under Municipal Code 14, Article IV. Selected Staff Development Review Recommendations—Land Use Code 3.4.7 Property Address Description of Project Staff Decision Date of Decision/ Recommendation Historic Property Survey Results City Preservation staff frequently completes historic survey for properties for a number of reasons, usually in advance of development proposals for properties. The table below includes historic property survey for the reporting period for any historic survey for which the two-week appeal period has passed. Address I Field/Consultant Recommendation Staff Approved Date Results Results? Finalized National Historic Preservation Act—Staff Comments Issued Item 5, Page 2 Packet Pg.47 Agenda Item 5 The City of Fort Collins is a Certified Local Government, which provides the Historic Preservation Services division and Landmark Preservation Commission an opportunity to formally comment on federal undertakings within city limits. This includes actions that are receiving federal funding, permits, or have direct involvement from a federal agency. Note:Due to changes in how Preservation staff process small cel1/5G wireless facilities, staff does not provide substantive comments on those undertakings (overseen by the Federal Communications Commission) and do not appear in the table below. National Historic Preservation Act—Staff Comments Issued The City of Fort Collins is a Certified Local Government, which provides the Historic Preservation Services division and Landmark Preservation Commission an opportunity to formally comment on federal undertakings within city limits. This includes actions that are receiving federal funding, permits, or have direct involvement from a federal agency. Lead Agency& Property Date Location Description of Project Staff Comment Comment Issued Concur with Area of HUD; 2850 Sykes Dr. Habitat for Humanity single-family Potential Effect and 12/21/2022 dwelling finding of No Historic Properties Affected Staff 5G Wireless Facility Summary Note: Co-locations with existing street infrastructure, usually traffic lights, is considered a co-location and not subject to denial due to proximity to properties that meet the City's definition of historic resources (Sec. 14-3) Due to recent changes in how Preservation staff reviews small cell/5G towers, co-located towers no longer receive substantive review except where historic resources would be impacted directly by the tower's installation. These types of direct impacts would include potential damage to archaeological resources and/or landscape features throughout the city such as trolley tracks, carriage steps, and sandstone pavers. This report section will summarize activities in this area. Within this period, staff processed a total of 32 5G/Small Cell tower requests total,with 12 seen for the first time. ATTACHMENTS 1. Staff Presentation Item 5, Page 3 Packet Pg.48 Agenda Item 6 REPORTSTAFF i Historic Preservation Commission - - ---------- --- PROJECT NAME POBRE PANCHO'S, 1802 N. COLLEGE AVE. -APPLICATION FOR INVOLUNTARY FORT COLLINS LANDMARK DESIGNATION STAFF Jim Bertolini, Senior Historic Preservation Planner PROJECT INFORMATION APPLICANTS: Amelia A. Perez, Resident; Matt D. Perez, Resident; Christopher B. Bird, Resident; Monica Bird, Non-Resident/Nomination Preparer OWNERS: H&H Properties (Darren &Asher Haun, owners; Jeff Cullers, legal representative). PROJECT DESCRIPTION: This item is to consider the request for a recommendation to City Council on Landmark designation of the Pobre Pancho's Property at 1802 N. College Ave. The nomination is not supported by the owner, H & H Properties. COMMISSION'S ROLE AND ACTION: Chapter 14 of Municipal Code charges the Commission with providing a recommendation to City Council on nominations for Fort Collins Landmark designation. Nominations that are not supported by the owner(s) are processed under Sec. 14-33(b) and (c)of Municipal Code. This landmark designation review differs from those the Commission typically sees in that, when an application is brought forward without the support of the owner(s), the questions considered by the HPC are answered in two separate hearings rather than one. At this initial hearing, the Commission shall determine only whether the property is eligible for designation based on the criteria for significance and integrity set forth in City Code Sec. 14-22. The Commission's decision regarding eligibility must be adopted as a written resolution. If the Commission finds that the property is not eligible for landmark designation because it does not meet the criteria for significance and/or integrity, the application must be denied, and the designation procedure is terminated. This is a final decision and is subject to appeal to City Council. If the Commission finds that the property meets the criteria for significance and integrity and is, therefore, eligible for landmark designation,then, at a subsequent hearing,the Commission would consider whether the designation would advance the policies and the purposes of Sec. 14-1 and 14-2 in a manner and extent sufficient to justify the requested designation without the owner's consent. Discussion about whether support for a non-owner-initiated landmark designation is justified should be held until this second hearing, should the item advance beyond the first hearing. STAFF EVALUATION OF REVIEW CRITERIA Staff has determined that the submitted application for Landmark designation for the Pobre Pancho's Property is complete. The application indicates eligibility under all four standards, specifically as follows: - Standard 1 (Events/Trends):Association with Mexican American immigration to Fort Collins in the mid-twentieth century. Item 6, Page 1 Packet Pg.49 Agenda Item 6 - Standard 2 (Persons/Groups): Representative as one of the few long-standing restaurants in Fort Collins with a similar length of operation. - Standard 3 (Design/Construction): Reflections of Mexican American/Hispanic architecture in Fort Collins. - Standard 4 (Information Potential): Testament to triumph over racism for a Mexican American family. Staff's finding relating to completeness refers back to the previous HPC decision on July 20 which established that the property is eligible for designation as an individual property under Standards 1 and 2, but not under Standards 3 or 4.The information in the application references a historic survey form completed in 2022 for the property(attached) that determined the property significant under Standard 1. This survey form was created in response to a development application submitted in March 2022 by Raising Cane's for the site. Staff would refer the HPC to its findings from that meeting (see attached verbatim transcript) and to the City Council resolution upholding those findings (see attached resolution). FINDINGS OF FACT AND RECOMMENDATION FINDINGS OF FACT: In evaluating the request regarding whether the Pobre Pancho's Property is eligible for landmark designation, staff makes the following findings of fact: 1. That three residents of the city have requested, in writing,that the property at 1802 North College Ave. be considered for Fort Collins Landmark designation and submitted a complete application on November 17, 2022; 2. That the owners of the property have not consented to the nomination as evidenced by the correspondence received on December 7, 2022; 3. That the property at 1802 N. College Ave. appears to have significance to Fort Collins under Significance Standards 1 Events/Trends, and 2, Persons/Groups, as supported by the analysis provided in the submitted nomination and attached historic resource survey form; 4. That the property at 1802 N. College Ave. appears to have integrity of location, design, setting, materials, workmanship, feeling and association to convey its significance as supported by the analysis provided in the submitted nomination. SAMPLE MOTIONS SAMPLE MOTION FOR APPROVAL: I move that the Historic Preservation Commission adopt a written resolution to be signed by the Chair, finding that: • The Pobre Pancho's Property at 1802 North College Avenue is eligible to be designated a Fort Collins Landmark because: o The property possesses significance to Fort Collins under[list applicable standards], as supported by the analysis provided in the nomination document and attachments submitted by the applicant group on November 17, 2022; and, o The property clearly conveys this significance through sufficient integrity under the seven aspects of integrity in Municipal Code Section 14-22(b). • The Historic Preservation Commission adopts the findings of fact set forth in the staff report provided for this item. • A second hearing before this Commission should be scheduled consistent with Municipal Code Section 14- 33(c). SAMPLE MOTION FOR DENIAL: I move that the Historic Preservation Commission adopt a written resolution to be signed by the Chair, finding that: • The Pobre Pancho's Property at 1802 North College Avenue is not eligible as a Fort Collins Landmark because this property lacks significance and/or lacks the ability to convey its significance through its loss of integrity. • The designation process shall be terminated pursuant to Municipal Code Section 14-33(b)(2) and the Commission's decision is final. • For a period of one year from this decision, no person or persons shall submit an application for designation pursuant to 14-31 that is the same or substantially the same as this application. Item 6, Page 2 Packet Pg.50 Agenda Item 6 ATTACHMENTS 1. Landmark Designation Application with Signed Acknowledgement Form 2. 2022 Survey Form 3. HPC Resolution finding property Eligible - draft for possible adoption 4. HPC Resolution finding property Not Eligible- draft for possible adoption 5. City Council Resolution 2022-102, October 4, 2022, upholding HPC Finding 6. Verbatim Transcript of HPC July 20, 2022 Eligibility Hearing 7. Owner communication 12-7-2022 indicating they do not consent 8. 2023, January 9, applicant submission of additional information 9. National Register Bulletin 15 (context on how to apply standards and aspects of integrity; generally equivalent to the City of Fort Collins significance and integrity standards; see page 48). 10. Public Comments Received to Date (none at drafting of report) 11. Staff Presentation Item 6, Page 3 Packet Pg.51 ITEM 6,ATTACHME�,T 1 City of Historic Preservation Services F6rt Collins Community Development&Neighborhood Services 281 North College Avenue P.O.Box 580 Fort Collins,CO 805210580 970.416.4250 preservation0fcoov.com fcgov.com/historicpreservation ' Fort Collins Landmark.Designation u i�rww�uwwwwiww�wwwwr-w �i www•ww��iwwwwr�www�w�rw.uww�n� LOCATION INFORMATION li Address: 1802 North College Legal Description: LOT], PEREZ MINOR SUB, FTC;LESS ROW PER 20100002196;: LESS ROW PER 20100014121 Property Name (historic and/or common): Pobre Panchos OWNER INFORMATION Name: Asher Haun and Darren Haun : Company/Organization (if applicable): H&H Properties Phone: Click here to enter text. Email: Click here to enter text. 1. Mailing Address: P0. Box 341 La Porte Co. 80543 I# CLASSIFICATION Category Ownership Status Present Use Existing Designation x❑ Building ❑ Public ❑ Occupied x❑ Commercial ❑ Nat'l Register ❑ Structure x❑ Private x❑ Unoccupied ❑ Educational ❑ State Register ❑ Site ❑ Religious : ❑ Object ❑ Residential ❑ District ❑ Entertainment '. ❑ Government ❑ Other FORM PREPARED BY f Name and Title: Monica Bird MA. ECSE of Special Educations Address: 6880 WhisperTrail Lane Phone: 907-310-6690 Email: krcbirds@yahoo.som I: Relationship to Owner: None, Daughter of the previous owner who owned for 50+ years 1 gypp.: 4 Packet Pg.52' ITEM 6,ATTACHMENT 1 DATE: Click here to enter a date. TYPE OF DESIGNATION and BOUNDARIES x❑ Individual Landmark Property ❑ Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property above. The property (hereinafter the "Property") consists of Click here to enter text. STATEMENT OF SIGNIFICANCE and INTEGRITY Properties are eligible for designation if they possess both significance and integrity. Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards set forth in Fort Collins Municipal Code Section 14-22(a): x❑ Standard 1: Events This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: a) x❑A specific event marking an important moment in Fort Collins prehistory or history; and/or b) x❑ A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. December 7, 1941,Japan attacked Pearl Harbor,the United States declared war. Droves of men volunteered to join our armed services.This mass exodus of American workers created a labor shortage. WW 11, created a shortage of local laborers to harvest the beats to make the "white gold". It left Fort Collins fields unattended and the rock quarry silent.This time in history opened work opportunities and hope for a better life to the Mexican immigrant with 90% of the Great Western migrant workers coming from Mexico. August 4, 1942,The United States Bracero Program opened the borders, making it easier for Mexicans to come here to work and in search of a better life.This act was a joint effort of the State Department, the Department of Labor, and Immigration Services.The Bracero Program was created so that American businesses would have laborers. My grandmother came across at that time with my father and his two siblings in tow. ("Bracero Program ( United States History,"2019) The Bracero Program was not just a "general" crossing of immigrants; it was a major and important United States historical event. It shows Mexico played a vital role in the United States' success allowing businesses to still operate all the while many Americans were overseas defending our country in WW 11. Please take special note that though other small programs have been created since the Bracero Program, none of them ever reached the same magnitude or had such a huge impact on America's history and culture. (Pruitt, 2018). 2 Packet Pg.53 ITEM 6,ATTACHMENT€1 I' My father and his family were part of the great migration from Mexico,working the fields that covered this area early in Fort Collins's history. My family,along with other migrant families, lived in shanties aid small one-room huts on the properties they worked to start with.As time went on,they became h recognized employees for the Great Western sugar beet company.This allowed my family to move into Spanish Colony, where my father lived most of his childhood. My family was now more than just a ii migrant worker passing through, they were now part of the Fort Collins community and history. i' l t x Standard 2: Persons/Groups This property is associated with the lives of persons or groups of persons recognizable �. in the history of the community, State or Nation whose specific contributions to that fl. history can be identified and documented. The five oldest restaurants in Fort Collins history to date are Silver Grill, Ever Open Cafe, Charo Boiler, El Burrito, and Pobre Panchos. (Laxen, n.d.). Silver Grill, Ever Open Cafe and Charco Boiler are all nonminority-owned. El Burrito is minority owned but has switched ownership several times. My father, Frank J. Perez owned and operated Pobre Panchos for more than 50 11 years. This is the longest single-owner, minority business in Fort Collins history. El Burrito restaurant (404 Linden Street), established by Jesse and Dorothy Godinez in 1960, is another example of a longtime Latinx restaurant. Both Pobre Pancho's and El Burrito are included on the city website in a tour of Latinx resources. In regard to Pobre Pancho's the tour observed. "The establishment of I the second restaurant [at 1802 N. College Avenue] was a sign of the growing number of Latinx residents living along North College Avenue, typically in seasonal worker's shacks or in the mobile home parks that began developing north of the Poudre River as a result of gentrification and displacement from I' neighborhoods like Holy Family and Tres Colonias." j o (Pobre Pancho's is also significant in the area of Commerce, as an example of one of then: city's longer-lived restaurants of any cuisine, successfully operating for more than half al. century in this location. By contrast, USA Today reported in 2018 (pre-pandemic) that "the average lifespan of a restaurant is five years and by some estimates, up to 90 percent of new ones fail within the first year." &ont Range Research Associates 2022) x❑ Standard 3: Design/Construction This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. The homes were white adobe/stucco homes, they felt this architectural element most closely associated with Latinos in Colorado (Thomas, 2003). ! is 3 r I Packet Pg.64 ITEM 6,ATTACHMENT 1 It was a plain brick building, but with hard work, he transformed it into "Pobre Panchos". Remember the white adobe/stucco homes in Spanish Colony I spoke about, where my father lived while working the sugar beet fields? That style of stucco would soon cover the brick inside and out of his restaurant. He wanted to change the public's perception of white stucco Mexican homes where it was rumored chaos and violence occurred. He wanted them to see this building as an inviting, safe, and a welcoming Mexican eatery. He added stained glass windows with sombreros and roses dedicated to the memory of his mother. He had a mural painted inside, depicting a peaceful Latino scene. The kitchen tiles are not done in a flat linoleum as so many nonminority restaurants were. The floor was made to look like a Hacienda with brick or cobblestone floors. The wood carved door was chosen to complement the stucco exterior and interior. It originally had black wrought iron hinges and straps, but someone broke in by tapping out the pins. So he replaced them with a more modern hinge for security. It has been stated that this type of wood carved door is one element of the Spanish Colonial architectural style at the time. (Thomas, 2003), x❑ Standard 4; Information Potential This property has yielded, or may be likely to yield, information important in prehistory or history. This property can be a testament to show that through significant racism, a Mexican migrant was able to rise from the dirt floors of the "ghetto" and become a successful business owner to the longest single-owned restaurant in Fort Collins history. Period of Significance is the discrete chronological period (or periods) during which a historic property gained its significance. Additions or alterations to a property that have significance in their own right can warrant the extension of a Period of Significance. Period(s) of Significance: Click here to enter text. Integrity is the ability of a site, structure, object or district to be able to convey its significance. The integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities set forth in Fort Collins Municipal Code Section 14-22(b): location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. x❑ Standard 1: Location is the place where the resource was constructed or the place where the historic or prehistoric event occurred. Pobre Panchos ❑ Standard 2: Design is the combination of elements that create the form, plan space, structure and style of a resource. Click here to enter text. 4 Packet Pg.55 ITEM 6,ATTACHMENh1 I€. i x❑ Standard 3: Setting is the physical environment of a resource. Setting refers to the character of the place; it involves how, not just where, the resource is situated and its relationship to the surrounding features and open space. I, The building retains historic integrity based on its appearance in a 1976 assessor j appraisal card photograph, which shows the front and south walls, displaying the projecting entrance bay and fenestration present today. A subsequent rear addition was added in 1992, following the same materials and design approach as the original building, including stucco walls, board and batten gable face, and small, narrow windows. The building form reflects the functional and humble nature of a family owned restaurant but displays some decorative embellishments, including the fagade's two stained glass windows with sombreros and roses and the carved wood entrance door. The colorful wall signs were added in 2010. The expansions were made under Perez (front Range Research Associates 2022) is I. ❑ Standard 4: Materials are the physical elements that form a resource. Click here to enter text. ❑ Standard 5: Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. Click mere to enter text, 'i x❑ Standard 6: Feeling is a resource's expression of the aesthetic or historic sense of a t particular time. It results from the presence of physical features that, taken together, convey the resource's historic or prehistoric character. It was a plain brick building, but with hard work, he transformed it into "Pobre Panchos". Remember the white adobe/stucco homes in Spanish Colony I spoke about, where my father lived while working the sugar beet fields? That style of stucco would soon cover the brick inside and out of his restaurant. He wanted to change the public's perception of white stucco Mexican homes where it was rumored chaos and violence occurred. He wanted them to see this building as an inviting, safe, and a welcoming Mexican eatery. He added stained glass windows with sombreros and roses dedicated to the memory of his mother. I a t He had a mural painted inside, depicting a peaceful Latino scene. The kitchen tiles are not done in a flat linoleum as so many nonminority restaurants were. The floor was made to look like a Hacienda with brick or cobblestone floors. The wood carved door was chosen to complement the stucco exterior and interior. It originally had black wrought iron hinges and straps, but someone broke in by tapping out the pins. So he replaced them with a more modern hinge for security. it has been stated that this type of wood carved door is one element of the Spanish Colonial architectural style at the time. (Thomas, 2003), x❑ Standard 7: Association is the direct link between an important event or person and a historic or prehistoric resource. A resource retains association if it is the place where I the event or activity occurred and is sufficiently intact to convey that relationship to an a. observer. Like feeling, association requires the presence of physical features that . convey a property's historic character. is 5 i Packet Pg.66 ITEM 6,ATTACHMENT 1 June 10, 1874, the front page of the Fart Collins Standard refers to a Mexican as a "darky." On one day, As late as the 1950's, my mother, Mary Perez, still felt that racism as she recalls, "We were at the A&W on North College, and some Anglos told us, Whites and Darkies don't mix". September 29, 1901 the Fort Collins Weekly Courierstated, `Mexicans are like Indians; they become assertive in a crisis, especially if liquor is involved. They do not understand our frank American ways, and they don't intend to learn. This is a true peon of a class." 1904, Fort Collins built its first sugar factory (Thomas, 2003). It was located at 625 Ninth street, where the current City of Fort Collins Streets department is located. This little sugar factory soon became part of Great Western, the largest beat sugar corporation in the United States. Beat sugar quickly became the "white gold" of Colorado (Thomas, 2003). May 7, 1920, the Fort Collins Courier refers to a shipment of Mexican laborers that are destined for work in the sugar beet fields. It talks about them like they are packages or property, not humans. It mentions this shipment includes whole families that will be distributed among various farmers (Dunn, n.d.). In 1969, even though this town was still divided by race, that did not stop him from starting up his own business, Pobre Panchos . However, he quickly realized no bank in Fort Collins would lend him money because of his race and where the business would be located, "On the north side of the tracks." My mother recalls, "They didn't want the Mexicans on the south side."When I was a teenager, when my dad was remembering his time as kid in Fort Collins and stated to me, "The disregard for the Mexican migrant worker was so bad that we would be working in the fields, and they would spray us as they would spray for weeds using planes. Those chemicals would burn our skin." Sugar Beat Park has a brick walkway paying tribute to many of the migrant families. One brick is for the "Familia Perez". As my father grew up in Fort Collins, he encountered different forms of racism and segregation. Businesses had signs in the window"No doors or Mexicans allowed'_soon, the signs just read, "NO Mexicans allowed". Mexicans had to defer the sidewalks to the Anglos and sit in the balcony at the movie theater (Thomas, 2003), Mary Perez recalls,"We were afraid to walk down Linden Street, it had Whites only signs in their windows. I thought they would come out and do something to us because we were Latinos." School was another place my father faced racism. The school district did not supply busses for the Mexican children from the neighborhood colonies of Andersonvilie and Buckingham. I am sure many of you are familiar with those neighborhoods today, which are still predominately of Mexican and Latino descent. The migrant children had to walk miles if they wanted to attend school. The Anglos did not want Mexicans attending school with their children. The contempt was so prevalent in the Northern Colorado area that the superintendent of Weld County in 1940's stated, "The respectable people of Weld County do not want their children to sit alongside of dirty, filthy diseased, infected Mexicans." (Thomas, 2003) In Fort Collins, the Truant officer reported that "many people in the district would not appreciate us making those Mexican kids attend school." (Thomas, 2003)As a Mexican child during this time, my father was exposed to all of this hate. He had to change his name to be more Americanized in school and was subject to being sat in the back of the class (Hispanic Heritage: Fort Collins history 6 Packet Pg.57 ITEM 6,ATTACHMENT.1 Connection, 2019). My mother remembers still to this day, "I had to sit in the back of the class, and I couldn't see the blackboard." The contempt for Mexicans mixing with Anglos went even further. They could not shop at many stores or attend Catholic Mass just anywhere. It is well documented that Holy Family Church in Fort Collins was built so that the immigrants could be removed from the Anglo-Catholic services (Dunn, n.d). Latino families stayed to the North of Fort Collins near the end of the railroad tracks because they could not afford housing in the predominantly Anglo neighborhoods furthe'r south and simply;were just not welcomed. It has been reported by an unnamed police officer 'E that one of the duties of the Fort Collins Police Department during the 1950s and 1960s "was to keep the Mexicans on their side of town." (Thomas, 2003) That did not deter my father when he finally secured a loan from a Greeley based bank and bought an old building at 1802 North College. It was a plain brick building, but with hard work, he transformed it;into "Pobre Panchos". Remember the white adobe/stucco homes in Spanish Colony I spoke about, where my father lived while working the sugar beet fields? That style of stucco would soon cover the brick inside and out of his restaurant. He wanted to change the public's perception of white stucco Mexican homes where it was rumored chaos and violence occurred. He wanted them to see this building as an inviting, safe, and a welcoming Mexican eatery. He added stained glass windows with sombreros and roses dedicated to the memo of his mother. memory He had a mural painted inside, depicting a peaceful Latino scene. u: i The kitchen tiles are not done in a flat linoleum as so many nonminority restaurants were. The floor was made to look like a Hacienda with brick or cobblestone floors. The wood carved door was chosen to complement the stucco exterior and interior. It originally had black wrought iron hinges and straps, but someone broke in by tapping out the pins. So he replaced them with a more modern hinge for security. It has been stated that this type of wood carved door is one element of the Spanish Colonial architectural style at the time. (Thomas, 2003). The stucco, stained glass, brick floors, and wood carved door all represent a simple Mexican home. It was not too flashy, but my father came from a humble beginning, so I think it is perfect': My father was a member of Holy Family Church. The history of this church dates back to the Sugar Factory; as I stated before. It was created specifically for migrant Mexican families. He was a member of their board, their treasurer, gave communion, was an usher, and was in charge of the largest fundraising event the church has ever had, the "Fiesta". He took his melting pot ethics and applied it to this fundraiser. He worked with the City of Fort Collins, to hold the Holy Family "Fiesta" at Fort Collins City Park. The "Feista" allowed the Fort Collins' public experience our Latino culture, food, worship God with us and participate in our traditions.", You may be asking what does all this history have to do with the building at 1802 N College a minoity owned business from 1969—2020. It speaks to the racism that not only existed before my father's time but during most of his lifetime, and his continued effort to help us overcome racism in our Fort Collins community. He brought us together under one roof to share a meal or: a quiet word with family and friends. We were never judged on our skin color when you walked into my father's restaurant but by the quality of person you are. would like to say that all my father's efforts abolished racism and discrimination, but that would'''. be a lie. My daughter and myself have been pulled over because of the color of our skin, 7 : I. r Packet Pg.98 ITEM 6,ATTACHMENT 1 followed in an expensive store to ensure we were not stealing anything, been overlooked or passed by when needing help in a store, all because our skin is brown and our hair is dark. Racism still abounds for us even four generations later living in America. Our experiences are minute compared to what others have faced including my father. We are grafetful for the progress we are making, but there is still much to be done. The lack of respect and knowledge showed as of late with comments concerning individuals with brown skin is precisely why this building needs to be preserved. So, it can stand and remind others of a time that was full of discrimination and hate. It needs to be here to educate those who don't understand, so the "Dark History of Fort Collins" does not repeat itself. I am working with others in the community to make this a win-win for both parties. The current owners would be paid for the property, and the Latino community would have a place to draw attention to all that the Latino community has done for this Country and this community. A place where others can come and learn how to provide for their families. My father did not compose speeches or make signs to march in protest. His restaurant was his speech, his food was his sign, and how he welcomed all races into his home away from home was his march. He created a melting pot atmosphere, that was his protest. This was all done to drive home the message that we can all coexist as equals in a city that was so full of division for most of his life. The five oldest restaurants in Fort Collins history to date are Silver Grill, Ever Open Cafe, Charo Boiler, El Burrito, and Pobre Panchos. (Laxen, n.ed.). Silver Grill, Ever Open Cafe and Charco Boiler are all nonminority-owned. El Burrito is minority owned but has switched ownership several times. My father, Frank J. Perez owned and operated Pobre Panchos for more than 50 years. This is the longest single-owner, minority business in Fort Collins history. Everything I have shared here tonight solidifies what the Hitoric Preservation Commission has already decided. This building does meet the requirements to be saved as a historical preservation building. My father wanted the community to see we are not "dirty Mexicans"; we are just like you. We value God, family, and our heritage, no different than anyone else that came to this country. Every one of us has an immigrant story from our ancestors, and this is ours in Fort Collins history. A 2003 historical context on Hispanics in Fort Collins by Adam Thomas is silent on Latinx participation in the local business community, suggesting such enterprises were rare. Current data from the City of Fort Collins reinforces this legacy, indicating that as of 2018 Hispanic residents made up nearly 12% of the city's population but only 3% of its business owners. Research by the City to this point documents the discrimination against Hispanic residents, which made business ownership both more difficult due to institutional and overt racism in the Fort Collins business community but also important as a means to provide commercial venues open to Hispanic residents. (Front Range Research Associates 2022) 8 Packet Pg.59 ITEM 6,ATTACHMENT Ro R Ro F 9 Packet Pg.60 ITEM 6,ATTACHMENT 1 HISTORICAL INFORMATION Delete this text. Please include city directory research and/or a title search if the property is important for its association with a significant person. 10 Packet Pg.61 ITEM 6,ATTACHMENT ITEM 6,ACTACHMENT''1 Historic Preservation Services tv 3 'Collins Community Development&Neighborhood Services h 281 North College Avenue ;. ,---F6rtP.O.Box 580 Fort Collins,CC 80522.0580 970.416.4250 ]2reservation.@fcqov.com fcgov.com/historlcpmervatlon d. i OFFICIAL DETERMINATION: FORT COLLINS LANDMARK ELIGIBILITY Resource Number:B2700; 5LR.15077 Historic Building Name:Pancho's Cafts; Pobre Pancho's Property Address: 1802 N. College Avenue Determination: ELIGIBLE Issued: April22, 2022 Expiration: April 22,2027 I ATTN: James Waller,Kimley-Horn(consultant) I-1 and H Properties,LLC PO Box 341 Laporte, CO 80535 Dear Property Owner: This letter provides you with confirmation that your property has been evaluated for Fort Collins landmark eligibility,following the requirements in Chapter 14,Article fl of the For Collins Muzucipal Code, and has been found eligible for landmark designation. An intensive-ievel:Colorado Cultural Resource Survey Form was completed by a third-party historic preservation consultant in order to provide the information that serves as the basis for an evaluation of a property's historic and/or architectural significance and its integrity,both of which are required for landmark eligibility as per Article II, Section 14-22. Staff has made the following findings regarding the information and evaluation of significance, integrity, and landmark eligibility provided by the consultant in the attached form. Sig-nificance Consultant's evaluation: The property is evaluated as potentially eligible for listing in the State Register of Historic Places and as a local landmark for its historical associations (Criterion A and 1) in the following areas of significance:Ethnic History/Hispanic/Mexican for its association with the Perez family, Mexican immigrants who came to Fort Collins and established a restaurant business reflecting Mexican foodways. Using family recipes, the Perez family served a wide range of Mexican dishes, including now familiar Mexican : favorites, a green chile sauce of varying degrees of heat, menudo, and its own Paco x" Macho. The operation of the restaurant included the extended Perez family, eventually 4: embraced four generations. The Perezes were drawn to the US during World War II to work in agriculture, and the subsequent establishment and growth of Pobre Pancho's Packet Pg.246 Packet Pg.62 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 reflects the upward mobility and entrepreneurial spirit of'one Latino family. A 2003 historical context on Hispanics in Fort Collins by Adam Thomas is silent on Latinx participation in the local business community, suggesting such enterprises were rare. Current data from the City of Fort Collins reinforces this legacy, indicating that as of 2018 Hispanic residents made up nearly 12%of the city's population but only 3%of its business owners. Research by the City to this point documents the discrimination against Hispanic residents, which made business ownership both more difficult due to institutional and overt racism in the Fort Collins business community, but also important as a means to provide commercial venues open to Hispanic residents. El Burrito restaurant(404 Linden Street), established by Jesse and Dorothy Godinez in 1960, is another example of a longtime Latinx restaurant. Both Pobre Pancho's and El Burrito are included on the city website in a tour of Latinx resources. In regard to Pobre Pancho's the tour observed: "The establishment of the second restaurant fat 1802 N. College Avenue] was a sign of the growing number of Latinx residents living along North College Avenue, typically in seasonal worker's shacks or in the mobile home parks that began developing north of the Poudre River as a result of gentrification and displacement from neighborhoods like Holy Family and Tres Colonias." Pobre Pancho's is also significant in the area of Commerce, as an example of one of the city's longer-lived restaurants of any cuisine, successfully operating for more than half a century in this location. By contrast, USA Today reported in 2018 (pre pandemic) that "the average lifespan of a restaurant is five years and by some estimates, up to 90 percent of new ones fail within the first year." Staff agrees with the consultant's conclusions regarding the property's significance,based on the following findings. • The property's statement of significance is supported by a discussion of historical context and a comparative analysis that is appropriate for the property.Relevant context reports have been referenced and cited. • Each significance criterion is addressed in the statement of significance,even if not applicable. • For eligible properties,a period of significance is provided and justified based on the available records. Inteizri Consultant's evaluation: The building retains historic integrity based on its appearance in a 1976 assessor appraisal card photograph, which shows the front and south walls, displaying the projecting entrance bay and fenestration present today. A subsequent rear addition was added in 1992,following the same materials and design approach as the original building, including stucco walls, board and batten gable face, and small, narrow windows. The buildingform reflects the functional and humble nature of a family owned restaurant but displays some decorative embellishments, including the fagade's two stained glass windows with sombreros and roses and the carved wood entrance door. The colorful wall signs were added in 2010. The expansions were made under Perez -2 - Packet Pg.247 Packet Pg.63 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 ownership and were necessitated by the growth of their business. The setting has been impacted by removal of the freestanding sign and relocation o rear. f parking access to the Staff agrees with-the consultant's conclusions regarding the property's integrity based on the following findings. s • Essentialphysical features are identified in the integrity analysis and related to period of significance. U. • Discussion of integrity relates to the property's most relevant aspects of integrity per its significance. • Discussion of integrity focuses on the property's essential physical features, and relates to period of significance. • Discussion and conclusion responds directly to previous conclusions and assessments of the Property,whether in opposition or in agreement. Statement of EliQibili : This property is evaluated as eligible for listing in the State Register and as a Fort Collins local landmarkfor its association with Ethnic History/Hispanic/Mexican and Commerce. Per Article II, Section 14-23 of the code,any determination made by staff regarding eligibility may be appealed to the Commission by the applicant, any resident of the City,or owner of property in the City. Such appeal shall be set forth in writing and filed with the Director within fourteen(14)days of the date of the staffs determination. If you have any questions regarding this determination,or if I may be of any assistance,please do not hesitate to contact me. I may be reached at ibertolini a fegov.com,or 970416-4250. Sincerely, Jim Bertolim Senior Historic Preservation Planner Attachment: Colorado Cultural Resource Survey Architectural Inventory Form 1403, dated Apri119, 2022. li I k; j - ` Packet Pg.248 Packet Pg.64 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 Address: 1802 North College Avenue Temporary Resource Number: NIA OAHP1403 Official eligibility determination Rev,9/98 (OAHP use only) Date Initials COLORADO CULTURAL RESOURCE SURVEY Determined Eligible-NR Determined Not Eligible-NR Determined Eligible-SR Architectural Inventory Form Determined Not Eligible-SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District .............. ..-------- __—_--------- _.._.._.........................................._..._..._ _._.__._.....-----------__— _�-..._ _._..._._.� ____ ----------------___::::::_::::...........::::::::::_____:__._.__-:_ _. _____-=tea�:: : :_:......_ ------------------ - --- —- --------..............---- --- ..Y-:.:•. ----- —---------....._..................._..._....__._...--..-.---..------------------ _ _ ad -- --=__ ....-=- - _. ... IN iii ................s is i'ss is il'=" € .........s ; ..... ii'siii i"s1's............................' 's a' �. =iii€=i :. .€ - ::_._..__._._........................._......�. _.._ :::_ •.�::s::��ii'sii'iiil�is�::stsii�=.•-�i�:µ�`=: .��i':ii�• ..............................._..... ._ _ .................................... ........_.::........... Vt - — �•i='sli:i sad.::: ___:•—•.. _::�.:.. .��;,�, ..._.._....................................... �.� -• ill a .. _ _: :• _ . µ -_ zlit Field Evaluation of Fort Collins Landmark Eligibility © Individually Eligible ❑ Contributing to District ❑ Not Eligible ❑ Likely Eligible for State/National Register General Recommendations:This property is evaluated as eligible for listing in the State Register and as a Fort Collins local landmark for its association with Ethnic History/Hispanic/Mexican and Commerce. I. Identification 1. Resource number: 51-R.15075 2. Temporary resource number: NIA (parcel number 9836312001) 3. County: Larimer 4. City: Fort Collins Packet Pg.249 Packet Pg.65 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 ITEM 6,ATTACHMENT 1 Temporary Resource Number: N/A Address: 1802 North College Avenue 5. Historic building name: Rod & Gun Shop, Rocky Mountain Sport Shop, Pancho's Cafe, Pobre Pancho's f 6. Current building name: Pobre Pancho's i 7. Building address: 1802 North College Avenue 8. Owner name and address: H and H Properties LLC, PO Box 341, Laporte, Colorado 80535 If. Geographic Information 9. P.M. 6th i Township 8N Range 69W SW%of SW'/of SW%of SW'/of section 36 10. UTM reference _ s: Zone 13; 493575 mE 4495558 mN is 11. USGS quad name: Fort Collins Colorado Year: 2019 Map scale: 7.5' Z 15' ❑ Attach photo copy of appropriate map section. 12. Lot(s): 1 Block: N/A €: Addition: Perez Minor Year of Addition: 1992 13. Boundary Description and Justification: The boundary includes the entire legal parcel historically associated with the ro e 3. p p rty. The e parcel measures 70' north-south and 235'east-west. Formerly described by a metes and bounds legal description,the owners platted the Perez Minor subdivision in 1992. lil. Architectural Description 14. Building plan (footprint, shape): L-Shaped 15. Dimensions in feet: Length 76 Width 40 16. Number of stories: 1 i. 17. Primary external wall material(s): Stucco 18. Roof configuration: Gabled Roof/Cross Gabled Roof i° 19. Primary external roof material:Asphalt/Composition 20. Special features: Overhanging Eaves. Patio. Stained Glass. 21. General architectural description: !. The one-story, roughly L-shaped, cross gabled roof restaurant building faces west toward North College Avenue.The 2,322-square-foot building has a concrete foundation;stuccoed concrete block walls; and a few narrow, flat-headed window openings.The roof is clad with asphalt composition shingles and has overhanging eaves, several drum vents, and an evaporative cooler. Gable ends feature projecting purlins, and gable faces are clad with board and batten siding. Front(West Wall). The front contains a small, projecting, slightly off-center, front gabled roof I Packet Pg.250 " Packet Pg.66 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number.5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue entrance bay.The south wall of the bay features a wood door with twenty-one square panels, each carved with a fleur-de-lys. The west wall has a small, narrow, vertical, single-light window. The gable face is clad with board and batten siding. North of the entrance are two small, narrow, horizontal windows filled with stained glass depicting sombreros and a rose. South of the entrance the front wall is unfenestrated. South Wall.The south wail of the north-south gabled wing holds two, small, single-light windows to the east: a square one near the center and a narrow horizontal one farther east. The gable face is clad with board and batten siding and holds an illuminated box sign for"Pobre Pancho's Mexican Food, Cocktails." The center ridgeline is extended to produce a prow or winged gable, and there are projecting purlins. The short east wall of the north-south gabled wing is unfenestrated. Extending to the east,the setback south wall is mostly unfenestrated except for a narrow, horizontal single-light window to the west.The wall then steps back, has no windows, and includes a center entrance holding a flush metal door. Rear(East) Wall. The rear is unfenestrated except for a flush metal door at its north end. The gable face is the same as on the south, but it does not have a prow/winged gable. North Wall. The long north wall is unfenestrated. The gable of the north-south gabled wing is the same as the south gable. 22. Architectural style/building type: Commercial 23. Landscaping or special setting features: The level parcel is on North College Avenue, with an auto dealership to the south and a Discount Tire store to the north. The rectangular parcel measures about 235' east-west and 70' north-south. A wide concrete public sidewalk extends along North College Avenue. The restaurant building is located near the western end of the parcel.A low wall encloses a concrete paved patio between the building and the sidewalk. The patio features a planting area with a raised border holding two Alberta spruce trees near the southwest corner of the building. At the northwest corner of the building is a Blue Spruce tree. South of the building is a gravel area holding two additional spruce trees, two taller deciduous trees, and small boulders. South of the building on the south property line is a very large deciduous tree in a triangular area with small boulders.A small triangular area with evergreen shrubs is located farther east on the south property line. The area southeast and east of the building is paved with asphalt and used for parking. A wood post and metal pipe rail fence stands along the west part of the south property line; the wood posts have beveled tops. 24. Associated buildings, features, or objects: None. IV. Architectural History 25. Date of Construction: Estimate:_Actual: 1961, 1975, 1992 Packet Pg.251 Packet Pg.67 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 ITEM 6,ATTACHMENT 1 Temporary Resource Number: N/A Address: 1802 North College Avenue Source of information: City of Fort Collins building permits, number 4422, April 13, 1961; number 23608, June 26, 1975; and number 922647, October 1, 1992 26. Architect: Unknown Source of information: 27. Builder/Contractor: Maurice L. Deines Source of information: City of Fort Collins building permit number 4422,April 13, 1961 28. Original owner: Maurice L. Deines Source of information: City of Fort Collins building permit number 4422, April 13, 1961 29. Construction history(include description and dates of major additions, alterations, or demolitions): There are no Sanborn fire insurance maps covering this location. A 1969 building permit for remodeling the interior noted the building then was a 40'x 30' rectangle.A 1975 building permit included construction of a new entrance (5'x 6') on the front and a center rear addition (16'x 13').A 1976 assessor appraisal card photo showed the front entrance and current fenestration, as well as a large free-standing sign standing next to !North College Avenue and a driveway accessing the parking lot to the east. In 1992, the building received a subsequent rear addition on the east (producing an east-west extent of about 76')that extended north to align with the north wall of the original building.The freestanding sign was removed in 2010 due to street and sidewalk improvements and the current wall-mounted signs were installed.At that time the driveway from College Avenue was removed and the front patio constructed. 30. Original location ® Moved ❑ Date of move(s): V. Historical Associations 31. Original use(s): Commerce/Trade/Specialty Store 32. Intermediate use(s): Commerce/Trade/Restaurant 33. Current use(s): Commerce/Trade/Restaurant 34. Site type(s): Restaurant 35. Historical background: Constructed in 1961, this commercial building housed two sporting goods stores before Pancho's Cafe(later Pobre Pancho's Mexican Food and Cocktails) began operating here in 1969. Frank J. and Mary M. Perez ran the business,which continues to function here. Construction and Early Uses. Maurice L. Deines acquired this parcel from Harry M. and Margaret C. Finley in 1961. In April 1961 Deines obtained a building permit for a $12,500 "masonry store building."The permit indicated that he served as the contractor. The 1962 city directory showed Deines operating the Rod & Gun Shop here. Vic Tamlin was the manager. Deines was a contractor and developer, who operated Deines Homes, Inc., in the 1960s and 1970s, building homes and apartments in the Fort Collins, Loveland, and Greeley areas. Packet Pg.252 Packet Pg.68 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 Address: 1802 North College Avenue Temporary Resource Number: NIA Deines'tenure here was short. By 1963 the building was vacant, and he sold it that year to David A. and Eleanor R.Thirolf.The deed included all improvements and store fixtures, including a "minnow tank." In May 1963 the Mr. and Mrs. Thirolf opened the Rocky Mountain Sport Shop in this building. A large display advertisement in the Coloradoan announced the store specialized in"authentic Indian crafts," including jewelry, blankets, and pots, as well as fishing reels, tackle, lures, and bait. The business was listed at this address in the 1964 city directory. In 1966 C.D. and Stella W. Burke bought the property. No information was provided for the property in the 1966 city directory, and the address could not be located in the 196E publication. The Perez Family and Pobre Pancho's. In 1969 Frank J. and Mary M. Perez began operating their Mexican restaurant here. Frank Javier Perez was born in Mexico in 1937. His father, Cipriano Ruiz Perez (1908-93), was a native of Hidalgo, Coahuila, and his mother, Amelia Ester(Cavazos) Perez (1915-79),was born in Monterey, Nuevo Leon. In 1943 Frank came with his parents to northern Colorado,where his father secured work as a farm laborer. Many Latinx were drawn to the area for work in sugar beets. Great Western Sugar was a major employer of Mexican workers during the World War II bracero program (1943-46)and the later Public Law 78 bracero agreement(1951-64), a binational farm labor agreement between the US and Mexico. It is not known if Mr. Perez worked under either of these programs. Latinx residents of Fort Collins principally settled in the Alta Vista and Holy Family neighborhoods. Latinx residents recall overtly discriminatory treatment in public accommodations, including at lunch counters and theaters, and in public education and infrastructure disparities within the city. After graduating high school, Frank served eleven years in the US Navy and became a naturalized citizen in 1957, He later worked for Hewlett-Packard. In 1967 Frank and his mother Amelia started Pancho's Cafe at 214 Walnut Street in Old Town Fort Collins. In 1968 Frank married Mary Medellin, whom he had met when she worked as a server at El Burrito restaurant. Frank and Mary took over operation of Pancho's and moved it to this location in 1969.The business was renamed Pobre Pancho's ("Poor Frank's" in Spanish)to distinguish it from a Pancho's restaurant chain.The Perezes obtained a $3,200 building permit in February 1969 to "remodel interior of building for restaurant." According to a 2017 Coloradoan article on the restaurant"Frank's mother's recipes have been used throughout the last 50 years with tacos, burritos, enchiladas, chile rellenos, tamales and tostadas among longtime menu staples."The restaurant produced green chile in six different levels of spiciness and offered menudo (a specialty Mexican soup made of tripe) in the winter. Frank developed the Paco Macho dish, an enchilada stuffed burrito that became a popular seller. The restaurant prospered, and the Perezes purchased the parcel in 1972.They expanded the building in 1975-76 to meet increased business by adding a front entrance bay and a rear addition. In 1992 an 860-square-foot rear addition was constructed to increase the restaurant's seating capacity. Frank was still working daily at the restaurant at age eighty in 2017. Packet Pg,253 Packet Pg.69 ITEM 6,ATTACHMENT';1 Resource Number:5LR.15077 ITEM 6,ATTACHMENT 1 Temporary Resource Number: N/A Address: 1802 North College Avenue Sale and Closure. In 2003 Frank quitclaimed his interest in the property to Mary. She transferred the property later that year to 1802 North College Investments LLC (apparently a Perez-owned entity). In 2020 H and H Properties became the owner of the parcel, and Asher Haun, a heating and ventilation;contractor and longtime restaurant patron, purchased the restaurant business. Karolyn Bird, the Perezes'granddaughter, stayed on as general manager and received an ownership percentage. Frank Perez died in October 2020. Pobre Pancho's abruptly closed on March 31, 2022, ending its more than half-century run. Citing Monica Bird, a daughter of the Perezes, Denver's Channel 7 reported "the employees did not receive a notice and learned of its closure as they left for the day and noticed someone changing the locks on the doors." Owner Asher Haun commented "it was inevitably going to happen," pointing to such factors as "two years of no profits, challenges created by the COVID-19 pandemic,. increased food prices and a slowing economy." Haun has agreed to sell the property to Raising Cane's, a fast-food chain selling "chicken tenders," pending city approval of plans for a drive- through restaurant. 36. Sources of information: Larimer County Assessor, real estate information, Fort Collins, Colorado; Larimer County Clerk and Recorder, deeds and ownership transactions, Fort Collins, Colorado; City of Fort Collins, building permits, number 4422,April 13, 1961 (original construction), number 23608, June 26, 1975 (front entrance and rear addition), number 922647, October 1, 1992(additional seating space added), and number B1004161, July 1, 2010 (removed freestanding sign and installed north-and south-facing wall signs); Fort Collins city directories, 1959-95; Larimer County Assessor, appraisal card, September 27, 1976, on file Fort Collins Museum of Discovery, Fort Collins, Colorado; Fort Collins Coloradoan, May 29, 1963 (Rocky Mountain Sport Shop grand opening),August 6, 2020 (Pobre Pancho's sold), and April 1, 2022 (Pobre Pancho's closes); Pattrick[sic] Perez, "Beloved Fort Collins Restaurant Pobre Pancho's Permanently Closes,"www.thedenverchannel.com,April 3, 2022; Jacob Laxen, "A Family Tradition: Pobre Panchos [sic] Serves Up Time-Honored Mexican Dishes," Fort Collins Coloradoan, October 11, 2017; Frank Javier Perez, obituary, Bohlander Funeral Chapel, www.bohlanderfuneralchapel.com (access March 23, 2022);Amelia Perez, Petition for Naturalization, number 25381, September 2, 1970, on Ancestry.com; US Census of Population, draft cards, and family trees, on Ancestry.com; USA Today, August 9, 2018;Adam Thomas, Hispanics in Fort Collins, 1900-2000:A Historical Context(Westminster, Colorado: SWCA Environmental Consultants,August 2003; City of Fort Collins, Historic Preservation, Latinx History in Fort Collins, https://www.fcgov.com/historicpreservation/latinx(accessed April 9, 2022), brochure, no date and Latinx History Tour Companion, https://Www.fcgov.com/historicpreservation/latinxtour (accessed April 9, 2022); City of Fort Collins, Equity Indicators Dashboard, https://ftcollinscap.clea rpointstrategy.com/eq uity-diversity-and-inclusion/economic-opportu n ity- domain/, accessed April 22, 2022. Packet Pg.254 Packet Pg.70 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 Temporary Resource Number: NIA Address: 1802 North College Avenue Vi. Significance 37. Local landmark designation: Yes ❑ No A Date of designation: NIA Designating authority: NIA 38. Applicable Eligibility Criteria: National Fort Collins Register Register ❑ A © 1. Associated with events that have made a significant contribution to the broad pattern of our history; Ll B. ❑ 2. Associated with the lives of persons significant in our past; ❑ C. ❑ 3. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or ❑ D. [14. Has yielded, or may be likely to yield, information important in history or prehistory. ❑ Qualifies under Criteria Considerations A through G (see Manual) ❑ Does not meet any of the above criteria Needs additional research under standards: ❑ A/1 ❑ B/2 ❑ C/3 ❑ D/4 39. Area(s) of significance: Ethnic Heritage/Hispanic/Mexican, Commerce 40. Period of significance: 1969-2020 41. Level of significance: National ❑ State ❑ Local 42. Statement of significance: Constructed in 1961, this building housed two short-lived sporting goods stores in the early 1960s before becoming the home of Pobre Pancho's Mexican restaurant in 1969.The property is evaluated as potentially eligible for listing in the State Register of Historic Places and as a local landmark for its historical associations (Criterion A and 1) in the following areas of significance: Ethnic History/ Hispanic/Mexican for its association with the Perez family, Mexican immigrants who came to Fort Collins and established a restaurant business reflecting Mexican foodways. Using family recipes, the Perez family served a wide range of Mexican dishes, including now familiar Mexican favorites, a green chile sauce of varying degrees of heat, menudo, and its own Paco Macho. The operation of the restaurant included the extended Perez family, eventually embraced four generations. The Perezes were drawn to the US during World War Il to work in agriculture, and the subsequent establishment and growth of Pobre Pancho's reflects the upward mobility and entrepreneurial spirit of one Latino family. A 2003 historical context on Hispanics in Fort Collins by Adam Thomas is silent on Latinx participation in the local business community, suggesting such enterprises were rare. Current data from the City of Fort Collins reinforces this legacy, indicating that as of 2018 Hispanic residents made up nearly 12% of the city's population but only 3% of its business owners. Research by the City to this point documents the discrimination against Hispanic residents, which made business ownership both more difficult due to institutional and overt racism in the Fort Collins business community, but also important Packet Pg.255 Packet Pg.71 ITEM 6,ATTACHMENT Resource Number:5LR.15077 ITEM 6,ATTACHMENT 1 Temporary Resource Number: N/A Address: 1802 North College Avenue as a means to provide commercial venues open to Hispanic residents. El 8urrito restaurant(404 Linden Street), established by Jesse and Dorothy Godinez in 1960, is another example of a longtime Latinx restaurant. Both Pobre Pancho's and El Burrito are included on the city website in a tour of Latinx resources. In regard to Pobre Pancho's the tour observed: "The establishment of the second restaurant[at 1802 N. College Avenue]was a sign of the growing number of Latinx residents living along North College Avenue, typically in seasonal worker's shacks or in the mobile home parks that began developing north of the Poudre River as a result of gentrification and displacement from neighborhoods like Holy Family and Tres Colonias." Pobre Pancho's is also significant in the area of Commerce, as an example of one of the city's longer- lived restaurants of any cuisine, successfully operating for more than half a century in this location. By contrast, USA Today reported in 2018 (pre-pandemic)that"the average lifespan of a restaurant is five years and by some estimates, up to 90 percent of new ones fail within the first year." 43. Assessment of historic physical integrity related to significance: The building retains historic integrity based on its appearance in a 1976 assessor appraisal card photograph,which shows the front and south walls, displaying the projecting entrance bay and fenestration present today.A subsequent rear addition was added in 1992, following the same materials and design approach as the original building, including stucco walls, board and batten gable face, and small, narrow windows.The building form reflects the functional and humble nature of a family owned restaurant but displays some decorative embellishments, including the fagade's two stained glass windows with sombreros and roses and the carved wood entrance door.The colorful wall signs were added in 2010. The expansions were made under Perez ownership and were necessitated by the growth of their business. The setting has been impacted by removal of the freestanding sign and relocation of parking access to the rear. Vll. National and Fort Collins Register Eligibility Assessment 44, Eligibility field assessment: National: Eligible ❑ Not Eligible ® Need Data ❑ Fort Collins: Eligible ® Not Eligible ❑ Need Data ❑ 45. Is there district potential? Yes ❑ No ❑ Discuss: This survey included only this property and the adjacent parcel to the south, so adequate information does not exist to formally assess district potential. There is substantial new construction in the vicinity, so district potential appears to be unlikely. If there is district potential, is this building: Contributing ❑ Non-contributing ❑ 46. If the building is in existing district, is it: Contributing ❑ Noncontributing ❑ VIII. Recording Information Packet Pg.256 Packet Pg.72 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number:51-R.15077 Address: 1802 North College Avenue Temporary Resource Number: NIA 47. Photograph numbers: 01 through 15 Negatives filed at: City of Fort Collins 48. Report title: NIA 49. Date(s): Field surveyed March 18, 2022; form completed April 9, 2022 50. Recorder(s): Thomas H. Simmons and R. Laurie Simmons 51. Organization: Front Range Research Associates, Inc. 52. Address: 3635 W 46th Avenue, Denver, CO 80211 53. Phone number(s): 303-477-7597, frraden@msn.com, www.frhistory.com NOTE: Please include a sketch map, a photocopy of the USGS quad map indicating resource location, and photographs. History Colorado -Office of Archaeology & Historic Preservation 1200 Broadway, Denver, CO 80203 (303) 866-3395 Packet Pg.257 Packet Pg.73 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 ITEM 6,ATTACHMENT 1 Temporary Resource Number: N/A Address: 1802 North College Avenue Historic Photos/Drawings Figure 1.This view northeast shows the restaurant in the fall of 1976. SOURCE. Larimer County Assessor, appraisal card photograph, September 27, 1976 in the files _ les of the Fort Collins Museum of Discovery, Fort v <» Collins, Colorado. ' 7�� t3}c 5 t f 4 S�� tSit l�ii - :►.:* Figure 2. This ca. J. �.: ■ .._ 1976 assessor a�. ppraisal card drawing is oriented `.:;... .: '.:. ' ' with north to the left and North College Avenue at the bottom. By this date the original - x building had received the front entrance bay ti and a rear addition. +: . SOURCE: Larimer - .1 ..►..r...r::.....,... .r,,,.M::-:.:s.:!�:���.':,.':::-'.,�., CountyAssessor, sessor, appraisal sal card . . Pp drawing,n ca_ 1976 , , :i in the fifes o th e e Fort Collins ` - Museum of . Discovery, Fort Collins, Colorado, 44 Packet Pg.258 Packet Pg.74 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 Address: 1802 North College Avenue Temporary Resource Number: NIA :.... ... Figure 3.This ... :::::::::::: photograph (displayed in the restaurant)shows Frank and Mary It Perez likely in the .::::.�..:.: _ ........:: .................. ... kitchen. SOURCE: ......... Fort Collins :. ... ........ Coloradoan, _:•::::: August 7, 2020. __ - .— -:. .... ::............ °° ......_---...-........._..... .-.. ............ Figure 4. Frank g =_ :MMM Perez, then eighty- .:- years-old,- d works in e the restaurant i ail:. ::::::::::a:::::a::;::: •:,::s: i:r kitchen. SOURCE: i _..:-. . € Fort Collins _=. ...... ............................... .._ ...... Coloradoan, .. ii October 11, 2017. .... <; IT IT = ; .................... - i ... - :: ... WiMiNix :. :. ..x.._ ;. �-:..... - -- _ ------------ Packet Pg.259 Packet Pg.75 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 ITEM 6,ATTACHMENT 1 Temporary Resource Number: N/A Address: 1802 North College Avenue Site Photos and Maps ------------ VIC ............... .. .................................... ................... .................. ....................................mrs.................................... ........................ ...................... ............ ........... .............................. -- --- ................................ ....................................... .................... ............................................... ............... .......... ................. ........... • ........................ 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AM------------------------------ ............................. .............;.......... ............ ... ........ .............................. ............................. ......................... .. ..............:------------- ........................ ........................................................... I I ...I ...... .....................— ............ .......... ...... ............ --------- ............ -j ........................... A ............... .......... ------------------- —............................... ..... .. ... .... ............I . . ......... ............. — ------------- .. ............. .................................................................................... ................................... .............. ........... PON ......... ------ .......... ............ ....................... .............................. ------- ................... Sketch Map: 1802 N. College-K�enue ........................ Base: Google Earth, June 11, 2021 Packet Pg.260 Packet Pg.76 ITEM 6,ATTACHMENT 1 ITEM 6.ATTACHMENT 1 Resource Number:5LR.15077 Temporary Resource Number: NIA Address: 1802 North College Avenue rt �t 411 Ail 4. y • •per � " +�"-� ? ] -� s":� ti :� SLR.15077 f r IF r ` a. ., qw . . .. , d r " io w H 1L t � s kH;.. USGS Location Map.Surveyed resource is denoted by crosshair symbol.North is to the top and 1"=2,000'. Packet Pg.261 Packet Pg.77 ITEM a.ATTACHMENT 1 Resource Number:GLR.15D77 ITEM O.ATTACHMENT 1 Temporary Resource Number: N/A xdu,ex,: 1802 North CoUoQa Avenue Current Photos (Do�� March 18. 2022hyl[H. Simmons, photographer) ----------------- ----------------- PhotoQraphl. Overview of property from median ofNorth College Avenue. View east. ------------ ------------- Phutngraph2 Closer view offront from the North Co||egpAvenue -------------- median.View east. iFil t lit. ii paceetPo.zsz - pacxvtpo 78 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number 5LR.15077 Temporary Resource Number: NIA address: 1802 North College Avenue ---=—=mow::=_._--_—--.._ = €_ - Photograph 3. e _—_-- =_=—__ ------ front west and --- ......... -- .............. -------------- -----__- ---,x--. _ •:: ::::»:::»»::::::::»:::::::::::::::::::::::......:::......::_:_.__w.—� __. south walls of the -- r- ::::»::»::::::::::»:::::::::::::::::::::_____:____—.—._. _.....__.. --- _ buildingand the z.................................ii ---:;;;;_-:;_-;=:;_:—_;"1' •_..._. :......__.........._.. ......._ :::::::::::::::::::::::::::::::::::-__::: ...... »:• - _.._._..;.._...... _..._. area.View ..:.. �:-. w Patio a ::»:ma's 11 s==;! is ... ::: ::::::: :::sss sass sss sssss........................................ ::::::::s: s a:ssssssss sass sssssssss:' :; ......_...........__. -: ss... northeast. is €ssss;-::... ss::s::s:::::: ,:;s:ssss:s:ssssssss:ss::::::::::::::::::::::::::::::::.:::::-:::::__.............s::s::ss::s::. r�:: -;:-s:::;-::- 's"'s;'si's's:. :-:: :. _................................. .._=: ................................................................................................. _._: ....................................... .._.... : .:..:: ..................... :.._..... ........... __�:;.:•��..:...::::..::::.:::.:.:._:_:: .... _... ......................... _ _..._.............-...-... .-.- _. _ ........... ......................................._..� _.......__. _..-_.._..._.......-...-..-.....-.-_ _........_-.......... ................_....................................__ _ __............ :...... _....... — Mntv : . . 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Photograph = South wall.View north-northeast. ::- ... ........ i --- ..... .._................................ ..................... ........... -.. ........---------. Photograph 8. The is: —� _ - west part of the _= -__ __ __: south wall.View ----_ - _ -- --__----_ —___--_ - -- -- - -_--- north we X:::::.—..:::L.X::Y::::::::::::::::::::::::::::—__--- ....... .. _ _ _____— ............ .... ................... .............. .............................. .... .............................................. .. 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" Photograph 13. » North wall and. € Front (west)wall. x I View southeast. x err :.:x:r.:.:r..-.. .»..r -------------- - - -----s--:—__= - --- - --- - - € Photograph 14. ---- -- —� x - --- - - - _....__ .• ... ... _---- -- - -- View i al ong - -- ---- - - the -== . = south r = - . - _ _ _ _ _ �.__ = property line :::::::::::::::::::::::::::::::::: �_...._.._.... - _-: _ » :::::::::::::::::::::::::: from the ubfic x=2:° iiiiiiiiiii : _�. •••:.�-.x- -: :: :::x:n ...... _....�.._ ... sidewalk.View • ::::....w :'=1' r:€€ € €€ _; € €s - € east. ------------------- -------------------- Y _.....::. --- --:-:' ...... ........... ... ............_....._._... S._ _.......... - ..." - ..... ... MEE- 01 01 .............—.—.. ... ..::.: - !;fl :........................... ......... ...j:...........::- Xw lid. . :.:::... .. .•. .• - ........ ........... ............... A •. '. -- 5....ii�......... : ................... - ----- .......................................;-;--------------------- .... ......... --------------- ................;,............... iii1iffl. .. ........................................;.................... ................... ....................................... ................... ----- -------------- ---------------------------------------:::: -----------------------------------------;,.;............... ............... --------------------------------- ........;................ .......... ...... ........ ................. . .................. --------------; ............................................... ...... ..... ............... -----------------;............................................................. .... ..- ... ...... .. ... ....... ........ ..... ...................................... ................ .............. .............................;.......... ............................... ................................. - ��:: - ��:�: ........................ ......... ......... .......... .-.-... ... ._.... -. .. -_. .. . .................. _- .............. ............ .... --. -:::: .-- Packet Pg.268 Packet Pg.82 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 Temporary Resource Number: NIA Address: 1802 North College Avenue _— ______-___-- - _ -- -- Photograph 15. -___--........... ---= ---- and the View tow --___ -- —_-_= from the :::::::ss:s:::s::::::;;:::::s;s::s::;s::::::::::::::::::::::::::::::::::::::::::............................ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..::..... buildin fr _._ g __=-__..-.. - f the ---- -- east end ..::.:.::::..:.. parcel.View west. :•µ.we::::��-: :::;: €€ _......_ _.. . ::::...x::.W•x r z ----------------- ------------- .. . f .. .: z s z zMi ,. Rdh _._____.-_•••—fie L••• Y1i::�- .. ------------ Packet Pg.269 Packet Pg.83 ITEM 6,ATTACHMENT 1 Resource Number: 5LR.15077 ITEM 6,ATTACHMENT 9 Temporary Resource Number: N/A Address: 1802 North College Avenue ........ ----__ -------------------- __— _.................... _ .................... ---_- — _ P h otog ra ph 9 . T he _ — east part of the__-1. fl. = -_-  so I. yew _ M. _ _ _ =- - ___- -northwest, _ - _ - north € f E'?s•Ilss"? E^E...................... iii'si iii is s'si's's€€€€€€€€€€€€€€€€€€€€€€€€€€€€€i's'siii€€€€€€€€€€a:ail €s'si »......................................_................................................. ...................._. »........................................_................................................... _................._. t ' _ .....................».-........»._..__........_._ ... Mimi :............. :ii-i-i i�:�:•—�-•off---•r——j'iiE�iii i��=�ii'i 3i��:�i::: :»: ......:........ ........ _ ..._................—. »—... _y. — •- -- - -- — Mi __ =— __---_ -__ ___— --== Photo ra h 10. ---------------- __ ---------_ 9 P _-== _ =_-=_ ===-_ -=_=  _ =—_=_ Th__ _ _ e south an ---------- - - ------------------------- d east —= __----=-- - ----=_ = — - r _--- - - - - - -- - - - --------- ---- -- ear walls. .......................... _ _ _-= hwe northwest.o- - - - st. -- ...-...........��......... ...... .'.� _ ....... .. r.'.. --• .» .-. ----• S- .......-.. .-.:µ....Y:: -: __......_..: ....:.::: ....... RFM ....... Im Packet Pg.266 Packet Pg.84 ITEM 6,ATTACHMENT 1 ITEM 6,ATTACHMENT 1 Resource Number:5LR.15077 Temporary Resource Number: NIA address: 1802 North College Avenue i Photograph 11. The north wail from the east end.View west-southwest. ...:..:.................._-•-- ...... .:... ...... ...._._......... _..............................-......................_......__ __....._:............. _::................................-.. :�: ................ . ........... .. RHEUM _-- =— .. -. ........ .......... Photograph 12. The north wall from ': ....: the west end View southeast e -........ .... _...::. _ ..—....................._ _...... R -_. ......_.__...._..... _. -_ _ ........................- _..� _ � _............... _....;.. s: AWE. :::::.:::.::::::::::::::::::::::•_ ::-::::: __._.. _..: __......:.:.....:........._.....:......... .......................................___._............................. =Al µ..me: Packet Pg.267 Packet Pg.85 ITEM 6,ATTACHMENT 1 ARCHITECTURAL INFORMATION Construction Date: 1961 Architect/Builder: unknown Building Materials: Stucco,wood, Architectural Style: Commercial Description: Date of Construction: Estimate: Actual: 1961, 1975, 1992 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Source of information: City of Fort Collins building permits, number 4422, April 13, 1961; number 23608, June 26, 1975; and number 922647, October 1, 1992 26. Architect: Unknown Source of information: 27. Builder/Contractor: Maurice L. Deines Source of information: City of Fort Collins building permit number 4422, April 13, 1961 28. Original owner: Maurice L. Deines Source of information: City of Fort Collins building permit number 4422, April 13, 1961 29, Construction history (include description and dates of major additions, alterations, or demolitions): There are no Sanborn fire insurance maps covering this location. A 1969 building permit for remodeling the interior noted the building then was a 40' x 30' rectangle. A 1975 building permit included construction of a new entrance (5' x 6') on the front and a center rear addition (16' x 13'). A 1976 assessor appraisal card photo showed the front entrance and current fenestration, as well as a large free-standing sign standing next to North College Avenue and a driveway accessing the parking lot to the east. In 1992, the building received a subsequent rear addition on the east (producing an east-west extent of about 76') that extended north to align with the north wall of the original building. The freestanding sign was removed in 2010 due to street and sidewalk improvements and the current wall-mounted signs were installed. At that time the driveway from College Avenue was removed and the front patio constructed. 30. Original location 1] Moved ❑ Date of move(s): (Front Ravage Research Associates 2022) 11 Packet Pg.86 ITEM 6,ATTACHMENT 1 REFERENCE LIST or SOURCES of INFORMATION References Bracero Program I United States history. (2019). In Encyclopedia Britannica. https.//www britannica.com/topic/13racero-Program City of Fort Collins, Historic Preservation Services, "1802 N. College Avenue," Historic Survey, by Front Range Research Associates (2022) Dunn, M. (n.d.). Racism in Fort Collins: a Brief Overview- Northern Colorado History. Retrieved September 11, 2022, from https://www.northerncoloradohistory.com/racism-in-foco/ Hispanic Heritage: Fort Collins History Connection. (2019). Fcgov.com. https:Hhistery.fcgov.com/ethnic/hispanic Laxen,J. L. (n.d.). The 5 Oldest Restaurants in Fort Collins. 99.9 the Point. Retrieved September 15, 2022, from https:H999thepoint.com/the-5-oldest-restaurants-in-fort-collins/ Pruitt,S. (2018, September 24). The Surprising Role Mexico Played in World War 11. HISTORY. https://www.history.com/news/mexico-world-war-ii-surprising-involvement Thomas,A. (2003). HANG YOUR WAGON TO A STAR: HISPANICS IN FORT COLLINS, 1900-2000 A HISTORICAL CONTEXT. https://www.fcgov.com/historicpreservation/pdf/hispanics-doc.pdf 12 Packet Pg.87 ITEM 6,ATTACHMENT 1 MAPS and PHOTOGRAPHS Attached after this page 13 Packet Pg.88 ITEM 6,ATTACHMENT 1 ACKNOWLEDGEMENT The undersigned owner, or owners, of the Property hereby submit the Property for designation as a Fort Collins landmark pursuant to the Fort Collins Landmark Preservation Ordinance, Chapter 14 of the Code of the City of Fort Collins. The undersigned owner, or owners, certify that all signatures necessary to consent to the designation of the Property are affixed below. I understand that upon designation, I or my successors will be requested to notify City of Fort Collins Historic Preservation staff prior to the occurrence of any of the following: Preparation of plans for reconstruction or alteration of the exterior of the improvements on the Property or interior spaces readily visible from any public street, alley, park, or other public place; and/or Preparation of plans for construction of, addition to, or demolition of improvements on the Property. DATED this day of , 202_. Owner Name (please print) Owner Signature State of } )ss. County of } Subscribed and sworn before me this day of 202 by Witness my hand and official seal. My commission expires Notary 14 Packet Pg.89 T1 rri 01 PS ij � �F t _ i 3t� u:. P r � �i. 3 W � }t h s��lti i 0 �i o S � t e , V� i; k u II„o, Pac a Pg.90 ,.. ITEM 6,ATTA EN T 1 '- iz +G tt E t F t13 , as i• fill;P yAil } R ..........." - jv- * k Le Rs } r � � Cnt R.� 04T x ]E � e m 7-7 1 or S lm Packet Pg.91 I1r� �,,;.qf ?r'�.,NMI s` T 1 st t; c � r 4. ... ` 2 NMI E c ,R + + + :::::.::::::::.::...............�e Am Admak —• ............... ............................ ...............-------- .'i':"'-:.::ii::: Pace Pg.92 a � � ' . j sue: A. •xa $ t� \ \ \i �F Z fit\i if \ v >z ti i �J i1 y v P )r - � i � e I: 4 c� LI �l 11y L l 1 L\ Il f J> r: s'. x -:;ifs rwS;x ^rr,44, ' F a 0 ji - z r f sw s> x� # �e � ddf3 ;`i1 e £i ft~i4li�j�ztq ,. ............. i iv NT 1 T�. . 6 k4l'tAC 21 DIM Co Ems coo mom an 3 r� 1 Vie, t g M . COD CD mom IN } v i 9 g' r Packet Pg.95 ">+ ITEM 6,ATTACHMENT 1 zt „ i z p? • Rem:::.-... ......... _...... rtj `t V I R*� 1 <a i t t( ( l xk �1 .t Packet Pg.96 ITEM 6,ATTACHMENT 1 Packet Pg.97 ,,.,; ..�� �` �sx�',{�itY>il� �o ��:,� r'6 E'-1.' .q,•,:;'��s _„ l f � f ij ! 3� V f .`} i 1 fit I ? I 1� k 1 � � t kj. r FF�}, 1 1 t l vy t a Y �.1f t t i �} x yv Y , n�c?� L:u.s, ITEM 6,ATTACHMENT 1 Packet Pg.99 ITENAT®QCHMENT 1 For Collins Petition for Landmark Nomination Fmservatron Property: The undersigned residents of the city of Fort Collins hereby submit the Property for designation as a Fort Collins landmark pursuant to the Fort Collins Landmark Preservation Ordinance, Chapter 14 of the Code of the City of Fort Collins. The undersigned residents certify that all signatures necessary to request the designation of the Property are affixed below. I understand that upon designation, the owner(s) of the property or their successors will be required to receive approval from City of Fort Collins Historic Preservation staff prior to the occurrence of any of the following: • Preparation of plans for reconstruction or alteration of the exterior of the improvements on the Property or interior spaces readily visible from any public street, alley, park, or other public place; and/or • Preparation of plans for construction of, addition to, or demolition of improvements on the Property. Petitioner 1 - Name Address r Signat�Tr Petitioner 2 - Name Address Signature bile, Y Lw-ELblor to Z!5 Uxnn'LnS Petitioner 3 - Name Address Signature State of �.d1 p ) )ss. County of ) Subscribed and sworn before me this day of �' , 20&2,-4,. b /" y t; -r- � Witness my hand and official seal. My commission expires eN Notary AMANDA MILES NOTARY PUBLIC 8 STATE OF COLD DO NOTARY ID 20144031791 MY COMMISSION EXPIRES AUGUST 19,2026 Packet Pg. 100 ITEM 6,ATTACHMENT 1 Packet Pg. 101 ITEM 6,ATTACHMENT 2 Historic Preservation Services City of ort Col l i n s Community Development&Neighborhood Services 281 North College Avenue F P.O.Box 580 Fort Collins,CO 80522.0580 970.416.4250 preseryation(a)fcgoy.corn fcgov.com/historicpreservation OFFICIAL DETERMINATION: FORT COLLINS LANDMARK ELIGIBILITY Resource Number: B2700; 5LR.15077 Historic Building Name: Pancho's Cafe; Pobre Pancho's Property Address: 1802 N. College Avenue Determination: ELIGIBLE Issued: April 22, 2022 Expiration: April 22, 2027 ATTN: James Waller,Kimley-Horn(consultant) H and H Properties,LLC PO Box 341 Laporte, CO 80535 Dear Property Owner: This letter provides you with confirmation that your property has been evaluated for Fort Collins landmark eligibility,following the requirements in Chapter 14,Article II of the Fort Collins Municipal Code, and has been found eligible for landmark designation. An intensive-level Colorado Cultural Resource Survey Form was completed by a third-party historic preservation consultant in order to provide the information that serves as the basis for an evaluation of a property's historic and/or architectural significance and its integrity,both of which are required for landmark eligibility as per Article II, Section 14-22. Staff has made the following findings regarding the information and evaluation of significance, integrity, and landmark eligibility provided by the consultant in the attached form. Significance Consultant's evaluation: The property is evaluated as potentially eligible for listing in the State Register of Historic Places and as a local landmark for its historical associations (Criterion A and 1) in the following areas of significance:Ethnic History/Hispanic/Mexican for its association with the Perez family, Mexican immigrants who came to Fort Collins and established a restaurant business reflecting Mexican foodways. Using family recipes, the Perez family served a wide range of Mexican dishes, including now familiar Mexican favorites, a green chile sauce of varying degrees of heat, menudo, and its own Paco Macho. The operation of the restaurant included the extended Perez family, eventually embraced four generations. The Perezes were drawn to the US during World War II to work in agriculture, and the subsequent establishment and growth of Pobre Pancho's Packet Pg. 102 ITEM 6,ATTACHMENT 2 reflects the upward mobility and entrepreneurial spirit of one Latino family. A 2003 historical context on Hispanics in Fort Collins by Adam Thomas is silent on Latinx participation in the local business community, suggesting such enterprises were rare. Current data from the City of Fort Collins reinforces this legacy, indicating that as of 2018 Hispanic residents made up nearly 12%of the city's population but only 3% of its business owners. Research by the City to this point documents the discrimination against Hispanic residents, which made business ownership both more difficult due to institutional and overt racism in the Fort Collins business community, but also important as a means to provide commercial venues open to Hispanic residents. El Burrito restaurant (404 Linden Street), established by Jesse and Dorothy Godinez in 1960, is another example of a longtime Latinx restaurant. Both Pobre Pancho's and El Burrito are included on the city website in a tour of Latinx resources. In regard to Pobre Pancho's the tour observed: "The establishment of the second restaurant[at 1802 N. College Avenue] was a sign of the growing number of Latinx residents living along North College Avenue, typically in seasonal worker's shacks or in the mobile home parks that began developing north of the Poudre River as a result of gentrification and displacement from neighborhoods like Holy Family and Tres Colonias. " Pobre Pancho's is also significant in the area of Commerce, as an example of one of the city s longer-lived restaurants of any cuisine, successfully operating for more than half a century in this location. By contrast, USA Today reported in 2018 (pre pandemic) that "the average lifespan of a restaurant is five years and by some estimates, up to 90 percent of new ones fail within the first year." Staff agrees with the consultant's conclusions regarding the property's significance,based on the following findings. • The property's statement of significance is supported by a discussion of historical context and a comparative analysis that is appropriate for the property. Relevant context reports have been referenced and cited. • Each significance criterion is addressed in the statement of significance, even if not applicable. • For eligible properties,a period of significance is provided and justified based on the available records. Integri Consultant's evaluation: The building retains historic integrity based on its appearance in a 1976 assessor appraisal card photograph, which shows the front and south walls, displaying the projecting entrance bay and fenestration present today. A subsequent rear addition was added in 1992,following the same materials and design approach as the original building, including stucco walls, board and batten gable face, and small, narrow windows. The building form reflects the functional and humble nature of a family owned restaurant but displays some decorative embellishments, including the fagade's two stained glass windows with sombreros and roses and the carved wood entrance door. The colorful wall signs were added in 2010. The expansions were made under Perez - 2 - Packet Pg. 103 ITEM 6,ATTACHMENT 2 ownership and were necessitated by the growth of their business. The setting has been impacted by removal of the freestanding sign and relocation of parking access to the rear. Staff agrees with the consultant's conclusions regarding the property's integrity based on the following findings. • Essential physical features are identified in the integrity analysis and related to period of significance. • Discussion of integrity relates to the property's most relevant aspects of integrity per its significance. • Discussion of integrity focuses on the property's essential physical features, and relates to period of significance. • Discussion and conclusion responds directly to previous conclusions and assessments of the property,whether in opposition or in agreement. Statement of Eli ig bility: This property is evaluated as eligible for listing in the State Register and as a Fort Collins local landmark for its association with Ethnic History/Hispanic/Mexican and Commerce. Per Article II, Section 14-23 of the code, any determination made by staff regarding eligibility may be appealed to the Commission by the applicant, any resident of the City, or owner of property in the City. Such appeal shall be set forth in writing and filed with the Director within fourteen(14) days of the date of the staffs determination. If you have any questions regarding this determination, or if I may be of any assistance,please do not hesitate to contact me. I may be reached at jbertolinikfcgov.com, or 970-416-4250. Sincerely, Jim Bertolini Senior Historic Preservation Planner Attachment: Colorado Cultural Resource Survey Architectural Inventory Form 1403, dated April 19, 2022. - 3 - Packet Pg. 104 ITEM 6,ATTACHMENT 2 Resource Number: 51-R.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue OAHP1403 Official eligibility determination Rev.9/98 (OAHP use only) COLORADO CULTURAL RESOURCE SURVEY Date Initials Determined Eligible-NR Determined Not Eligible-NR Architectural InventoryN Form Determined DeterminedDetermined Not Eligible-SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District y: 1 \ i f 4j Field Evaluation of Fort Collins Landmark Eligibility ❑x Individually Eligible ❑ Contributing to District ❑ Not Eligible ❑ Likely Eligible for State/National Register General Recommendations: This property is evaluated as eligible for listing in the State Register and as a Fort Collins local landmark for its association with Ethnic History/Hispanic/Mexican and Commerce. I. Identification 1. Resource number: 51-R.15075 2. Temporary resource number: N/A (parcel number 9836312001) 3. County: Larimer 4. City: Fort Collins Packet Pg. 105 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue 5. Historic building name: Rod & Gun Shop, Rocky Mountain Sport Shop, Pancho's Cafe, Pobre Pancho's 6. Current building name: Pobre Pancho's 7. Building address: 1802 North College Avenue 8. Owner name and address: H and H Properties LLC, PO Box 341, Laporte, Colorado 80535 II. Geographic Information 9. P.M. 6th Township 8N Range 69W SW'/4 of SW '/4 of SW '/4 of SW'/4 of section 36 10. UTM reference Zone 13; 493575 mE 4495558 mN 11. USGS quad name: Fort Collins, Colorado Year: 2019 Map scale: 7.5' ❑x 15' ❑ Attach photo copy of appropriate map section. 12. Lot(s): 1 Block: N/A Addition: Perez Minor Year of Addition: 1992 13. Boundary Description and Justification: The boundary includes the entire legal parcel historically associated with the property. The parcel measures 70' north-south and 235' east-west. Formerly described by a metes and bounds legal description,the owners platted the Perez Minor subdivision in 1992. III. Architectural Description 14. Building plan (footprint, shape): L-Shaped 15. Dimensions in feet: Length 76 Width 40 16. Number of stories: 1 17. Primary external wall material(s): Stucco 18. Roof configuration: Gabled Roof/Cross Gabled Roof 19. Primary external roof material: Asphalt/Composition 20. Special features: Overhanging Eaves. Patio. Stained Glass. 21. General architectural description: The one-story, roughly L-shaped, cross gabled roof restaurant building faces west toward North College Avenue. The 2,322-square-foot building has a concrete foundation; stuccoed concrete block walls; and a few narrow, flat-headed window openings. The roof is clad with asphalt composition shingles and has overhanging eaves, several drum vents, and an evaporative cooler. Gable ends feature projecting purlins, and gable faces are clad with board and batten siding. Front(West Wall). The front contains a small, projecting, slightly off-center, front gabled roof Packet Pg. 106 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue entrance bay. The south wall of the bay features a wood door with twenty-one square panels, each carved with a fleur-de-lys. The west wall has a small, narrow, vertical, single-light window. The gable face is clad with board and batten siding. North of the entrance are two small, narrow, horizontal windows filled with stained glass depicting sombreros and a rose. South of the entrance the front wall is unfenestrated. South Wall. The south wall of the north-south gabled wing holds two, small, single-light windows to the east: a square one near the center and a narrow horizontal one farther east. The gable face is clad with board and batten siding and holds an illuminated box sign for"Pobre Pancho's Mexican Food, Cocktails."The center ridgeline is extended to produce a prow or winged gable, and there are projecting purlins. The short east wall of the north-south gabled wing is unfenestrated. Extending to the east, the setback south wall is mostly unfenestrated except for a narrow, horizontal single-light window to the west. The wall then steps back, has no windows, and includes a center entrance holding a flush metal door. Rear(East)Wall. The rear is unfenestrated except for a flush metal door at its north end. The gable face is the same as on the south, but it does not have a prow/winged gable. North Wall. The long north wall is unfenestrated. The gable of the north-south gabled wing is the same as the south gable. 22. Architectural style/building type: Commercial 23. Landscaping or special setting features: The level parcel is on North College Avenue, with an auto dealership to the south and a Discount Tire store to the north. The rectangular parcel measures about 235' east-west and 70' north-south. A wide concrete public sidewalk extends along North College Avenue. The restaurant building is located near the western end of the parcel. A low wall encloses a concrete paved patio between the building and the sidewalk. The patio features a planting area with a raised border holding two Alberta spruce trees near the southwest corner of the building. At the northwest corner of the building is a Blue Spruce tree. South of the building is a gravel area holding two additional spruce trees, two taller deciduous trees, and small boulders. South of the building on the south property line is a very large deciduous tree in a triangular area with small boulders. A small triangular area with evergreen shrubs is located farther east on the south property line. The area southeast and east of the building is paved with asphalt and used for parking. A wood post and metal pipe rail fence stands along the west part of the south property line; the wood posts have beveled tops. 24. Associated buildings, features, or objects: None. IV. Architectural History 25. Date of Construction: Estimate: Actual: 1961, 1975, 1992 Packet Pg. 107 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Source of information: City of Fort Collins building permits, number 4422, April 13, 1961; number 23608, June 26, 1975; and number 922647, October 1, 1992 26. Architect: Unknown Source of information: 27. Builder/Contractor: Maurice L. Deines Source of information: City of Fort Collins building permit number 4422, April 13, 1961 28. Original owner: Maurice L. Deines Source of information: City of Fort Collins building permit number 4422, April 13, 1961 29. Construction history (include description and dates of major additions, alterations, or demolitions): There are no Sanborn fire insurance maps covering this location. A 1969 building permit for remodeling the interior noted the building then was a 40' x 30' rectangle. A 1975 building permit included construction of a new entrance (5' x 6')on the front and a center rear addition (16' x 13'). A 1976 assessor appraisal card photo showed the front entrance and current fenestration, as well as a large free-standing sign standing next to North College Avenue and a driveway accessing the parking lot to the east. In 1992, the building received a subsequent rear addition on the east (producing an east-west extent of about 76')that extended north to align with the north wall of the original building. The freestanding sign was removed in 2010 due to street and sidewalk improvements and the current wall-mounted signs were installed. At that time the driveway from College Avenue was removed and the front patio constructed. 30. Original location ❑x Moved ❑ Date of move(s): V. Historical Associations 31. Original use(s): Commerce/Trade/Specialty Store 32. Intermediate use(s): Commerce/Trade/Restaurant 33. Current use(s): Commerce/Trade/Restaurant 34. Site type(s): Restaurant 35. Historical background: Constructed in 1961, this commercial building housed two sporting goods stores before Pancho's Cafe (later Pobre Pancho's Mexican Food and Cocktails) began operating here in 1969. Frank J. and Mary M. Perez ran the business, which continues to function here. Construction and Early Uses. Maurice L. Deines acquired this parcel from Harry M. and Margaret C. Finley in 1961. In April 1961 Deines obtained a building permit for a $12,500 "masonry store building."The permit indicated that he served as the contractor. The 1962 city directory showed Deines operating the Rod & Gun Shop here. Vic Tamlin was the manager. Deines was a contractor and developer, who operated Deines Homes, Inc., in the 1960s and 1970s, building homes and apartments in the Fort Collins, Loveland, and Greeley areas. Packet Pg. 108 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Deines'tenure here was short. By 1963 the building was vacant, and he sold it that year to David A. and Eleanor R. Thirolf. The deed included all improvements and store fixtures, including a "minnow tank." In May 1963 the Mr. and Mrs. Thirolf opened the Rocky Mountain Sport Shop in this building. A large display advertisement in the Coloradoan announced the store specialized in "authentic Indian crafts," including jewelry, blankets, and pots, as well as fishing reels, tackle, lures, and bait. The business was listed at this address in the 1964 city directory. In 1966 C.D. and Stella W. Burke bought the property. No information was provided for the property in the 1966 city directory, and the address could not be located in the 1968 publication. The Perez Family and Pobre Pancho's. In 1969 Frank J. and Mary M. Perez began operating their Mexican restaurant here. Frank Javier Perez was born in Mexico in 1937. His father, Cipriano Ruiz Perez (1908-93), was a native of Hidalgo, Coahuila, and his mother, Amelia Ester(Cavazos) Perez (1915-79), was born in Monterey, Nuevo Le6n. In 1943 Frank came with his parents to northern Colorado, where his father secured work as a farm laborer. Many Latinx were drawn to the area for work in sugar beets. Great Western Sugar was a major employer of Mexican workers during the World War II bracero program (1943-46)and the later Public Law 78 bracero agreement(1951-64), a binational farm labor agreement between the US and Mexico. It is not known if Mr. Perez worked under either of these programs. Latinx residents of Fort Collins principally settled in the Alta Vista and Holy Family neighborhoods. Latinx residents recall overtly discriminatory treatment in public accommodations, including at lunch counters and theaters, and in public education and infrastructure disparities within the city. After graduating high school, Frank served eleven years in the US Navy and became a naturalized citizen in 1957. He later worked for Hewlett-Packard. In 1967 Frank and his mother Amelia started Pancho's Cafe at 214 Walnut Street in Old Town Fort Collins. In 1968 Frank married Mary Medellin, whom he had met when she worked as a server at El Burrito restaurant. Frank and Mary took over operation of Pancho's and moved it to this location in 1969. The business was renamed Pobre Pancho's ("Poor Frank's" in Spanish)to distinguish it from a Pancho's restaurant chain. The Perezes obtained a $3,200 building permit in February 1969 to"remodel interior of building for restaurant." According to a 2017 Coloradoan article on the restaurant"Frank's mother's recipes have been used throughout the last 50 years with tacos, burritos, enchiladas, chile rellenos, tamales and tostadas among longtime menu staples." The restaurant produced green chile in six different levels of spiciness and offered menudo (a specialty Mexican soup made of tripe) in the winter. Frank developed the Paco Macho dish, an enchilada stuffed burrito that became a popular seller. The restaurant prospered, and the Perezes purchased the parcel in 1972. They expanded the building in 1975-76 to meet increased business by adding a front entrance bay and a rear addition. In 1992 an 860-square-foot rear addition was constructed to increase the restaurant's seating capacity. Frank was still working daily at the restaurant at age eighty in 2017. Packet Pg. 109 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Sale and Closure. In 2003 Frank quitclaimed his interest in the property to Mary. She transferred the property later that year to 1802 North College Investments LLC (apparently a Perez-owned entity). In 2020 H and H Properties became the owner of the parcel, and Asher Haun, a heating and ventilation contractor and longtime restaurant patron, purchased the restaurant business. Karolyn Bird, the Perezes' granddaughter, stayed on as general manager and received an ownership percentage. Frank Perez died in October 2020. Pobre Pancho's abruptly closed on March 31, 2022, ending its more than half-century run. Citing Monica Bird, a daughter of the Perezes, Denver's Channel 7 reported "the employees did not receive a notice and learned of its closure as they left for the day and noticed someone changing the locks on the doors." Owner Asher Haun commented "It was inevitably going to happen," pointing to such factors as "two years of no profits, challenges created by the COVID-19 pandemic, increased food prices and a slowing economy." Haun has agreed to sell the property to Raising Cane's, a fast-food chain selling "chicken tenders," pending city approval of plans for a drive- through restaurant. 36. Sources of information: Larimer County Assessor, real estate information, Fort Collins, Colorado; Larimer County Clerk and Recorder, deeds and ownership transactions, Fort Collins, Colorado; City of Fort Collins, building permits, number 4422, April 13, 1961 (original construction), number 23608, June 26, 1975 (front entrance and rear addition), number 922647, October 1, 1992 (additional seating space added), and number B1004161, July 1, 2010 (removed freestanding sign and installed north- and south-facing wall signs); Fort Collins city directories, 1959-95; Larimer County Assessor, appraisal card, September 27, 1976, on file Fort Collins Museum of Discovery, Fort Collins, Colorado; Fort Collins Coloradoan, May 29, 1963 (Rocky Mountain Sport Shop grand opening), August 6, 2020 (Pobre Pancho's sold), and April 1, 2022 (Pobre Pancho's closes); Pattrick [sic] Perez, "Beloved Fort Collins Restaurant Pobre Pancho's Permanently Closes,"www.thedenverchannel.com, April 3, 2022; Jacob Laxen, "A Family Tradition: Pobre Panchos [sic] Serves Up Time-Honored Mexican Dishes," Fort Collins Coloradoan, October 11, 2017; Frank Javier Perez, obituary, Bohlander Funeral Chapel, www.bohlanderfuneralchapel.com (access March 23, 2022); Amelia Perez, Petition for Naturalization, number 25381, September 2, 1970, on Ancestry.com; US Census of Population, draft cards, and family trees, on Ancestry.com; USA Today, August 9, 2018; Adam Thomas, Hispanics in Fort Collins, 1900-2000: A Historical Context (Westminster, Colorado: SWCA Environmental Consultants, August 2003; City of Fort Collins, Historic Preservation, Latinx History in Fort Collins, https://www.fcgov.com/historicpreservation/latinx (accessed April 9, 2022), brochure, no date and Latinx History Tour Companion, https://www.fcgov.com/historicpreservation/latinxtour (accessed April 9, 2022); City of Fort Collins, Equity Indicators Dashboard, https://ftcollinscap.clearpointstrategy.com/equity-diversity-and-inclusion/economic-opportunity- domain/, accessed April 22, 2022. Packet Pg. 110 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue VI. Significance 37. Local landmark designation: Yes ❑ No ❑x Date of designation: N/A Designating authority: N/A 38. Applicable Eligibility Criteria: National Fort Collins Register Register ❑ A. ❑x 1. Associated with events that have made a significant contribution to the broad pattern of our history; ❑ B. ❑ 2. Associated with the lives of persons significant in our past; ❑ C. ❑ 3. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or ❑ D. ❑ 4. Has yielded, or may be likely to yield, information important in history or prehistory. ❑ Qualifies under Criteria Considerations A through G (see Manual) ❑ Does not meet any of the above criteria Needs additional research under standards: ❑ A/1 ❑ B/2 ❑ C/3 ❑ D/4 39. Area(s) of significance: Ethnic Heritage/Hispanic/Mexican, Commerce 40. Period of significance: 1969-2020 41. Level of significance: National ❑ State ❑ Local ❑x 42. Statement of significance: Constructed in 1961, this building housed two short-lived sporting goods stores in the early 1960s before becoming the home of Pobre Pancho's Mexican restaurant in 1969. The property is evaluated as potentially eligible for listing in the State Register of Historic Places and as a local landmark for its historical associations (Criterion A and 1) in the following areas of significance: Ethnic History/ Hispanic/Mexican for its association with the Perez family, Mexican immigrants who came to Fort Collins and established a restaurant business reflecting Mexican foodways. Using family recipes, the Perez family served a wide range of Mexican dishes, including now familiar Mexican favorites, a green chile sauce of varying degrees of heat, menudo, and its own Paco Macho. The operation of the restaurant included the extended Perez family, eventually embraced four generations. The Perezes were drawn to the US during World War II to work in agriculture, and the subsequent establishment and growth of Pobre Pancho's reflects the upward mobility and entrepreneurial spirit of one Latino family. A 2003 historical context on Hispanics in Fort Collins by Adam Thomas is silent on Latinx participation in the local business community, suggesting such enterprises were rare. Current data from the City of Fort Collins reinforces this legacy, indicating that as of 2018 Hispanic residents made up nearly 12% of the city's population but only 3% of its business owners. Research by the City to this point documents the discrimination against Hispanic residents, which made business ownership both more difficult due to institutional and overt racism in the Fort Collins business community, but also important Packet Pg. 111 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue as a means to provide commercial venues open to Hispanic residents. El Burrito restaurant (404 Linden Street), established by Jesse and Dorothy Godinez in 1960, is another example of a longtime Latinx restaurant. Both Pobre Pancho's and El Burrito are included on the city website in a tour of Latinx resources. In regard to Pobre Pancho's the tour observed: "The establishment of the second restaurant [at 1802 N. College Avenue] was a sign of the growing number of Latinx residents living along North College Avenue, typically in seasonal worker's shacks or in the mobile home parks that began developing north of the Poudre River as a result of gentrification and displacement from neighborhoods like Holy Family and Tres Colonias." Pobre Pancho's is also significant in the area of Commerce, as an example of one of the city's longer- lived restaurants of any cuisine, successfully operating for more than half a century in this location. By contrast, USA Today reported in 2018 (pre-pandemic) that"the average Iifespan of a restaurant is five years and by some estimates, up to 90 percent of new ones fail within the first year." 43. Assessment of historic physical integrity related to significance: The building retains historic integrity based on its appearance in a 1976 assessor appraisal card photograph, which shows the front and south walls, displaying the projecting entrance bay and fenestration present today. A subsequent rear addition was added in 1992, following the same materials and design approach as the original building, including stucco walls, board and batten gable face, and small, narrow windows. The building form reflects the functional and humble nature of a family owned restaurant but displays some decorative embellishments, including the facade's two stained glass windows with sombreros and roses and the carved wood entrance door. The colorful wall signs were added in 2010. The expansions were made under Perez ownership and were necessitated by the growth of their business. The setting has been impacted by removal of the freestanding sign and relocation of parking access to the rear. VII. National and Fort Collins Register Eligibility Assessment 44. Eligibility field assessment: National: Eligible ❑ Not Eligible ❑x Need Data ❑ Fort Collins: Eligible ❑x Not Eligible ❑ Need Data ❑ 45. Is there district potential? Yes ❑ No ❑ Discuss: This survey included only this property and the adjacent parcel to the south, so adequate information does not exist to formally assess district potential. There is substantial new construction in the vicinity, so district potential appears to be unlikely. If there is district potential, is this building: Contributing ❑ Non-contributing ❑ 46. If the building is in existing district, is it: Contributing ❑ Noncontributing ❑ Vill. Recording Information Packet Pg. 112 ITEM 6,ATTACHMENT 2 Resource Number: 51-R.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue 47. Photograph numbers: 01 through 15 Negatives filed at: City of Fort Collins 48. Report title: N/A 49. Date(s): Field surveyed March 18, 2022; form completed April 9, 2022 50. Recorder(s): Thomas H. Simmons and R. Laurie Simmons 51. Organization: Front Range Research Associates, Inc. 52. Address: 3635 W 46th Avenue, Denver, CO 80211 53. Phone number(s): 303-477-7597, frraden@msn.com, www.frhistory.com NOTE: Please include a sketch map, a photocopy of the USGS quad map indicating resource location, and photographs. History Colorado - Office of Archaeology & Historic Preservation 1200 Broadway, Denver, CO 80203 (303) 866-3395 Packet Pg. 113 ITEM 6,ATTACHMENT 2 Resource Number: 51-R.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Historic Photos/Drawings Figure 1. This view northeast shows the restaurant in the fall of 1976. SOURCE: Larimer County Assessor, appraisal card photograph, September 27, ' 1976, in the files of the Fort Collins Museum of i • Discovery, Fort �. Collins, Colorado. Figure 2. This ca. •f ; 1976 assessor . . . . . . . . . . . . . . . . appraisal card • drawing is oriented 13 ; /3 ; ; with north to the left and North ; . , , . , . College Avenue at . the bottom. By this • - date the original • 30'x 40' building • • • ' ' ' had received the ; front entrance bay and a rear addition. SOURCE: Larimer d • • •0• County Assessor, • appraisal card ' drawing, ca. 1976, • in the files of the • U- Fort Collins . 1.O. UQ. • Museum of ; ✓` :- /► ; ; Discovery, Fort Collins, Colorado. Packet Pg. 114 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Figure 3. This n photograph (displayed in the restaurant) shows Frank and Mary � Perez, likely in the *' kitchen. SOURCE: Fort Collins Coloradoan, August 7, 2020. ' s Figure 4. Frank Perez, then eighty- - years-old, works in - the restaurant kitchen. SOURCE: Fort Collins Coloradoan, 4 October 11, 2017. 10, NA Packet Pg. 115 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Site Photos and Maps ,. i - -,-. .-•-•-•- ..�-� QI y dP v 1 ± U ! m -moo � ♦ rn • ' t _ i #1800 1 #1802 Asphalt Car Display Area I B sr Patio Tree 1� s - ir •' Concrete Sidewalk ♦ N.COLLEGE AVENUE Sketch Map: 1802 N. College Avenue Base: Google Earth, June 11, 2021 Packet Pg. 116 ITEM 6,ATTACHMENT 2 Resource Number: 51-R.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue am % IS �� oA VA. :�� \�� - �!� `fie• S• �a..J �• •` - Q lI� � `• • ram• '. WWI 35 •'-'• '�•� ' •ems. �° �0 .�•' �_ ; • . '-. oy let ,� ,► :• 5L.R.15077 _ f < to ��- p ., w� —�� - \.• 4� �� � .'O Nfks � �Jw •` •� Ir�•` � .�...t��i� yam• '� -f. _ - '. CIO 1 i f USGS Location Map.Surveyed resource is denoted by crosshair symbol. North is to the top and 1"=2,000'. Packet Pg. 117 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Current Photos (Date: March 18, 2022 by T.H. Simmons, photographer) Photograph 1. Overview of property from median of North College Avenue. ' View east. ;R r LJ Photograph 2. Closer view of front from the North College Avenue median. View east. �Wo_ � - f Packet Pg. 118 ITEM 6,ATTACHMENT 2 Resource Number: 51-R.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue y = a 4 Photograph 3. The - a front(west) and south walls of the x- building and the r patio area. View northeast. i n Photograph 4. Front and south �r wall. View northeast. �i s , Packet Pg. 119 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Photograph 5. Front entrance detail. View north. rr '4 L �. S 1 - Photograph 6. "W__ Stained glass - _ window north of the entrance. View east-northeast. Packet Pg. 120 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Photograph 7. South wall. View .== north-northeast. J 1, Photograph 8. The west part of the south wall. View ff northwest. Packet Pg. 121 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Photograph 9. The east part of the south wall. View north-northwest. :t AS r Photograph 10. The south and east (rear)walls. View northwest. a MEXICAN FOOD n - Packet Pg. 122 ITEM 6,ATTACHMENT 2 Resource Number: 5LR.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue i Photograph 11. -�' -- 1 The north wall from the east end. View west-southwest. 2 � f Y Photograph 12. The north wall from the west end. View southeast. - 1,J- x toll) _ J'r ^�M Packet Pg. 123 ITEM 6,ATTACHMENT 2 Resource Number: 51-R.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Photograph 13. North wall and. 4 Front(west)wall. View southeast. Photograph 14. View along the south property line from the public _ sidewalk. View east. i Packet Pg. 124 ITEM 6,ATTACHMENT 2 Resource Number: 51-R.15077 Temporary Resource Number: N/A Address: 1802 North College Avenue Photograph 15. View toward the building from the east end of the parcel. View west. 4,. L-14, s Packet Pg. 125 ITEM 6,ATTACHMENT 3 City of Fort Collins RESOLUTION 1, 2023 OF THE CITY OF FORT COLLINS HISTORIC PRESERVATION COMMISSION RECOMMENDING A FINDING THAT THE PROPERTY LOCATED AT 1802 NORTH COLLEGE AVENUE, FORT COLLINS, COLORADO IS ELIGIBLE FOR DESIGNATION AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS,pursuant to the Code of the City of Fort Collins("City Code") Section 14-31,three residents of Fort Collins initiated the Fort Collins landmark designation procedure for the property located at 1802 North College Avenue (the "Property") by submitting an application to City Historic Preservation staff("Staff'); and WHEREAS,the owners of the Property, H&H Properties, LLC (the "Owners"), do not consent to or support designating the Property as a Fort Collins landmark; and WHEREAS,pursuant to City Code Section 14-31(a)(1), Staff has determined the application to be complete and that the Property is eligible for Fort Collins Landmark designation for the Property's significance to Fort Collins under Standards 1, Events/Trends, and 2, Persons/Groups contained in City Code Section 14-22(a); and retaining historic integrity of location, design, materials,workmanship,and association,as described in City Code Section 14-22(b); and WHEREAS, the Historic Preservation Commission held a hearing pursuant to City Code Section 14-33(b)(1) on January 18, 2023, to determine whether the Property is eligible for designation as a Fort Collins Landmark; and WHEREAS,the Historic Preservation Commission has determined that the Property meets the criteria of a Fort Collins Landmark as set forth in City Code Section 14-22 and is eligible for designation as a Fort Collins Landmark; and WHEREAS, the Historic Preservation Commission is adopting this written resolution as required by City Code Section 14-33(b)(1). NOW, THEREFORE, be it resolved by the Historic Preservation Commission of the City of Fort Collins as follows: Section 1. That the foregoing recitals are incorporated herein by the Historic Preservation Commission as findings of fact. Section 2. That the Property is more particularly described as located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Packet Pg. 126 ITEM 6,ATTACHMENT 3 City of Fort Collins Landmark Preservation Commission Resolution No. 1, 2023 LOT 1, PEREZ MINOR SUB, FTC;LESS ROW PER 20100002196; LESS ROW PER 20100014121 ALSO KNOWN BY STREET AND NUMBER AS 1802 NORTH COLLEGE AVENUE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Section 3. That based upon the information and testimony provided for and at the December 14, 2022, hearing and the Commission discussion, the Property is eligible for designation as a Fort Collins Landmark in accordance with City Code Chapter 14 for the following reasons: I. That the Property is significant under Standard 1, Events/Trends, as this property is a significant reflection of the history of the Mexican American business community in Fort Collins as well as a reflection of successful efforts by Mexican Americans in community building in the face of discrimination; and 2. That the Property is significant under Standard 2, Persons/Groups, as the primary business location operated by Frank and Maria Perez, who made significant contributions to Fort Collins history through their successful and long-standing business entrepreneurship as part of the Mexican American community and part of the North College Avenue business corridor; and 3. That the Property retains a sufficient degree of integrity in five of seven aspects: specifically, Location, Association, Materials, Design, and Workmanship. Section 4. That due to the Owners' objection to this nomination, a second hearing will be scheduled pursuant to City Code Section 14-33(c)at a regular meeting of the Historic Preservation Commission to determine if such designation would advance the policies stated in City Code Section 14-1 and the purposes stated in Section 14-2 in a manner and extent to justify the requested designation without the Owners' consent. Passed and adopted at a regular meeting of the Historic Preservation Commission of the City of Fort Collins held this 18th day of January, A.D. 2023. ATTEST: X X Kurt Knierim Chair Secretary/Staff 2 Packet Pg. 127 ITEM 6,ATTACHMENT 4 City Of Fort Collins RESOLUTION 1, 2023 OF THE CITY OF FORT COLLINS HISTORIC PRESERVATION COMMISSION RECOMMENDING A FINDING THAT THE PROPERTY LOCATED AT 1802 NORTH COLLEGE AVENUE, FORT COLLINS, COLORADO IS NOT ELIGIBLE FOR DESIGNATION AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS AND THE LANDMARK DESIGNATION PROCESS IS TERMINATED WHEREAS, pursuant to Code of the City of Fort Collins ("City Code") Section 14-31, three residents of Fort Collins initiated the Fort Collins landmark designation procedure for the property located at 1802 North College Avenue (the "Property") by submitting an application to City Historic Preservation staff("Staff'); and WHEREAS,the owners of the Property, H&H Properties, LLC (the"Owners"), do not consent to or support designating the Property as a Fort Collins landmark; and WHEREAS,pursuant to City Code Section 14-31(a)(1), Staff has determined the application to be complete and that the Property is eligible for Fort Collins Landmark designation for the Property's significance to Fort Collins under Standards 1, Events/Trends, and 2, Persons/Groups contained in City Code Section 14-22(a); and retaining sufficient historic integrity of location,design,materials, workmanship,and association, as described in City Code Section 14-22(b); and WHEREAS, the Historic Preservation Commission held a hearing pursuant to City Code Section 14-33(b)(1) on January 18, 2023, to determine whether the Property is eligible for designation as a Fort Collins Landmark; and WHEREAS, the Historic Preservation Commission has determined that the Property does not meet the criteria of a Fort Collins Landmark as set forth in City Code Section 14-22 and is not eligible for designation as a Fort Collins Landmark; and WHEREAS, the Historic Preservation Commission is adopting this written resolution as required by City Code Section 14-33(b)(1). NOW, THEREFORE, be it resolved by the Historic Preservation Commission of the City of Fort Collins as follows: Section 1. That the foregoing recitals are incorporated herein by the Historic Preservation Commission as findings of fact. Section 2. That the Property is more particularly described as located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: 1 Packet Pg. 128 ITEM 6,ATTACHMENT 4 City of Fort Collins Landmark Preservation Commission Resolution No. 1, 2023 LOT 1, PEREZ MINOR SUB, FTC;LESS ROW PER 20100002196; LESS ROW PER 20100014121 ALSO KNOWN BY STREET AND NUMBER AS 1802 NORTH COLLEGE AVENUE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Section 3. That based upon the information and testimony provided for and at the January 18, 2023, hearing and the Commission discussion, the Property is NOT eligible for designation as a Fort Collins Landmark in accordance with City Code Chapter 14 for the following reasons: [The Commission should articulate why the Property is NOT eligible] Section 4. That pursuant to City Code Section 14-33(b)(2)the landmark designation procedure is terminated because the Property has been determined to be ineligible for Fort Collins Landmark designation. Passed and adopted at a regular meeting of the Historic Preservation Commission of the City of Fort Collins held this 18th day of January, A.D. 2023. ATTEST: X X Kurt Knierim Chair Secretary/Staff 46Nk, In 2 Packet Pg. 129 ITEM 6,ATTACHMENT 5 RESOLUTION 2022-102 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING FINDINGS OF FACT SUPPORTING THE HISTORIC PRESERVATION COMMISSION'S DETERMINATION THAT 1802 NORTH COLLEGE AVENUE WAS ELIGIBLE FOR LANDMARK DESIGNATION AND DENYING THE LANDOWNER'S APPEAL WHEREAS, on July 20, 2022, the Fort Collins Historic Preservation Commission (the "HPC") conducted a public hearing to review the Landmark Eligibility determination of 1802 North College Avenue (the "Property); and WI IE :AS, during this appeal hearing, the HPC upheld the City Staff determination that the Property was eligible to be considered for landmark designation pursuant to City Code Section 14-22; and WHEREAS, pursuant to City Code Sections 2-48 and 2-49, the Appeal was filed timely, and the Appellant-Landowner is a party-in-interest eligible to file an appeal; and WHEREAS, the Appeal alleged that the HPC failed to conduct a fair hearing because they considered evidence relevant to their findings that was substantially false or grossly misleading; and WHEREAS, the Appeal further alleged that the HPC failed to properly interpret and apply City Code Section 14-22 (and further cited to Section 14-23 which describes the procedure for submitting an appeal —and was not further discussed in the Appellant's arguments on appeal); and W]IEREAS,on September 20, 2022,the City Council,after notice was given in accordance with City Code Section 2-52,held a public hearing pursuant to City Code Section 2-54 to consider the allegations raised in the Appeal, at which hearing the City Council considered the record on appeal, statements concerning physical characteristics of the subject property obtained by Councilmembers during the site inspection, and testimony from City Staff, the Appellant's representative, and parties-in-interest who opposed the Appeal; and WHEREAS, after discussion,the City Council found and concluded based on the evidence in the record and presented at the Council hearing on September 20, 2022, that the HPC did not fail to conduct a fair hearing as alleged by Appellant; and WHEREAS, the City Council further found and concluded based on the evidence in the record and presented at the City Council hearing on September 20, 2022, that the HPC properly interpreted and applied City Code Section 14-22(a) regarding the significance of the Property because it related to an "individual" (Mr. Frank Perez) and "significant events" in history, including: 1) Mexican immigration to Fort Collins following World War I1; 2) establishment of businesses reflecting Mexican foodways; and 3) a small immigrant business owner building a community space during a time in history rife with racial prejudice; and Packet Pg. 130 ITEM 6,ATTACHMENT 5 WHEREAS, the City Council further found and concluded based on the evidence in the record and presented at the City Council hearing on September 20, 2022, that the HPC properly interpreted and applied City Code Section 14-22(b) as it relates to the integrity of the Property because it retains historic integrity based on its appearance when compared with the 1976 Assessor's Appraisal card photograph and accurately reflects the humble nature of a Mexican family-owned restaurant; and WHEREAS, City Code Section 2-56(c) provides that no later than the date of its next regular meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in support of its decision on such appeal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, pursuant to Section 2-56(c) of the City Code, the City Council hereby makes and adopts the following findings of fact and conclusions: 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 2. That, based on the evidence in the record and presented at the City Council Hearing on September 20, 2022, the HPC did not fail to conduct a fair hearing, because they did not consider evidence relevant to their findings that was substantially false or grossly misleading. 3. That, based on the evidence in the record and presented at the City Council hearing on September 20, 2022, the Council finds that the HPC properly interpreted and applied City Code Section 14-22 for the reasons set forth in the recitals above. 4. That, based on the evidence in the record and presented at the hearing on September 20, 2022, the Appeal is without merit and is denied in its entirety. 5. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-56(c). Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of October, A.D. 2022. yor ATTEST: ®RAD Packet Pg. 131 ITEM 6,ATTACHMENT 6 HISTORIC PRESERVATION COMMISSION CITY OF FORT COLLINS Held JULY 20, 2022 Hybrid Meeting—300 Laporte Avenue and via Zoom Fort Collins, Colorado In the Matter of 1802 North College—Appeal of Determination of Eligibility Meeting Time: 5:30 PM, July 20, 2022 Commissioners Present: Staff Members Present: Kurt Knierim, Chair Brad Yatabe Jim Rose,Vice Chair Jim Bertolini Margo Carlock Melissa Matsunaka Meg Dunn Maren Bzdek Walter Dunn Eric Guenther Anne Nelsen 1 Packet Pg. 132 ITEM 6,ATTACHMENT 6 1 CHAIR KURT KNIERIM: We are on discussion agenda item number six, 1802 North College, 2 the appeal of determination of eligibility. Are there any recusals from the Commission for this? 3 COMMISSIONER MEG DUNN: Could I make a disclosure Mr. Chair? 4 CHAIR KNIERIM: Yes,thank you. 5 COMMISSIONER M. DUNN: I had a friend in the history community send me an email saying 6 that she had concerns about the project and wanted to send in a letter, and I immediately prompted her to 7 write to Jim Bertolini, and I also included Claire in that email so that they knew right away that I had been 8 contacted. I don't believe it biases me in any way in making this decision today. 9 CHAIR KNIERIM: Thank you. Any other disclosures or recusals? Hearing none, let's begin 10 with our staff presentation. 11 MR. JIM BERTOLINI: Thank you,Mr. Chairman. One moment and I'll get that set up for you. 12 Alright, are folks seeing that slideshow okay? 13 CHAIR KNIERIM: Yes. 14 MR. BERTOLINI: Perfect. Thanks again. This is an appeal of the staff finding of the 15 determination of eligibility for the property at 1802 North College Avenue. Little bit about this 16 property...this is at the northeast corner of Willox and College in north Fort Collins, formerly known as 17 the Pobre Pancho's restaurant. The role of the Historic Preservation Commission in this sense...this is a 18 de novo hearing...the Preservation Commission is tasked under the Code of providing a new decision 19 regarding eligibility of this resource for landmark designation. Your role is to consider the evidence 20 regarding significance and integrity of the building addressed as 1802 North College. It is intended to be 21 a linear process: does the property have significance and then does it have enough of its physical features 22 or historic integrity to convey that importance. The standards for that are referenced in Municipal Code 23 14, Article 2. Again,your task is to provide a determination of eligibility for whether the property 24 qualifies as a Fort Collins landmark. Final decisions...since you are a quasi-judicial Commission,your 25 final decision is subject to the right of appeal under City Code. 26 A little bit of background about this particular project. This timeline starts in March of this year. 27 At that time,Raising Cane's submitted conceptual plans to be reviewed by City staff from several 28 departments. At that time, staff informed the applicant,Raising Cane's, of the Code requirement under 29 Land Use Code 3.4.7 that requires any redevelopment proposal to survey the properties on that proposal if 30 they are over fifty years of age, and determine if they are eligible as City landmarks or not. The idea is, if 31 they are determined eligible,then the property is supposed to be preserved an incorporated into the new 32 development. March 1 Oth,Raising Cane's ordered that historic survey for both 1800 and 1802 North 33 College in preparation for their formal project development plan submittal. That survey was completed 34 for both properties on April 28th of this year•, it was completed by Front Range Research Associates, 35 which is a history consulting firm based out of Denver. The findings that staff certified,was that the 36 property at 1800 North College was not eligible to be a Fort Collins landmark, but the property at 1802 37 was eligible. At that point,the findings were transmitted both to the developer,Raising Cane's, and then 38 the property owners,Darren and Asher Haun, and on May 2"d,we received an appeal of that finding for 39 1802 North College, and that has brought us to this hearing this evening. 40 In part to respond to some questions about how determinations of eligibility for landmark status 41 play into the development review process,I just wanted to highlight this here. So, when we're dealing 42 with development,the Code that covers that is 3.4.7, and the sections B and C deal with the requirement 2 Packet Pg. 133 ITEM 6,ATTACHMENT 6 1 to identify any historic resources on or near the development site. And during that process,we need to 2 determine if that property is eligible as a Fort Collins landmark. So, it's the same standards we use when 3 we're formally nominating a property,but this is a separate process that is specifically for project...or 4 development project review. So, at that point,if we do have...when we're determining whether a 5 property qualifies as a landmark,that's why, since we're using the same standards,we come over to 6 Chapter 14 where most of our City landmark applicable standards exist. And so, we have our standards 7 for eligibility,that's what our consultant,in this case, and staff, as we certified those original findings, 8 that's what we used to come to the finding of the property as eligible. And that section also includes the 9 process for appealing a staff decision, which we are conducting tonight. In the event that a property is 10 found eligible,that's what kicks in the 3.4.7,treatment of historic resources,generally requiring that 11 landmark-eligible properties need to be preserved and incorporated on the development site. There are 12 some cases that can qualify for modifications of standards,but generally the expectation is that this 13 historic resource is preserved and incorporated. 14 Again, if the property is determined eligible, it does not require formal designation. In other 15 words, the Commission does not need to recommend that the property actually be designated as a City 16 landmark; the determination of eligibility is sufficient for project review. It does require, again,that 17 preservation and adaptive reuse on the development site. And this is just the reference for any 18 modification of standards to any requirement in the Land Use Code as covered under 2.8. If the property 19 is determined not eligible,there are no further preservation concerns at that stage since there would not be 20 any historic resources on the development site. 21 Again, there's two requirements for landmark eligibility. The first is significance, is the property 22 even important? I have the events and trends highlighted because in this case, for 1802 North College, 23 staff s finding was that the property was significant under standard one. If a property is determined 24 significant,then we measure its integrity,how well it still reflects it's story, whatever that may be. For 25 properties that are significant under standard one,typically the...not all seven aspects need to be retained. 26 Typically that changes depending on which standard for significance we're applying. And so,typically, 27 with a historically significant property under standard one,we're going to emphasize overall design, 28 historic materials that were there during whatever the historic period was, location, so wherever the 29 historic building was either created or used,typically has a role to play in the story that makes it 30 important,the overall setting,that can be difficult, especially in areas that have been redeveloped 31 significantly, and association, can it still be connected to the significant story that was found to be 32 important. 33 So, again,just a reminder on the location along North College Avenue,and reminding you what 34 the building looks like that we're talking about here. And a little bit about the history of this property. It 35 was constructed...this is all in your packet and covered in more detail in the survey form that was 36 produced in April. It was constructed in 1961,had two sporting goods stores in it prior to 1969. At that 37 point,that's when this became Pobre Pancho's. This is where Frank and Mary Perez and their family ran 38 this business from 1969 until the restaurant closed earlier this year. Frank Perez was an immigrant from 39 Mexico as a child, and he served as a U.S.Navy sailor,became a naturalized citizen after his service, and 40 in 1967, started Pancho's with his mother Amelia on Walnut Street, and then moved to the 1802 North 41 College location in 1969 with his then wife Mary, and renamed it Pobre Pancho's. 42 For significance, that is again outlined in the survey form and staff memo that covers our findings 43 and certification of that recommendation from a historian, this was significant for its association with 44 Hispanic history in Fort Collins and commercial history. Part of that is due to it being a long-standing 45 business on North College Avenue. There are a handful of surviving commercial properties along North 3 Packet Pg. 134 ITEM 6,ATTACHMENT 6 1 College that reflect that post-World War II development along that corridor. In this case,the association 2 with our Hispanic community, especially considering the establishment of the restaurant in 1969...was 3 during a period of overt and institutional discrimination against our Hispanic community that at this point 4 is well documented, and the restaurant was intended to be a place that served Hispanic community 5 members. And so,this has become a significant institution in the Hispanic community...the restaurant in 6 particular was considered important and compared with the El Burrito restaurant on Linden Street that 7 was operated by the Godinez family. These were two,based on prior research,that rose to a level of 8 importance to be highlighted by research. 9 Measuring integrity,this was a post-war commercial building on North College. It was built as a 10 simple contemporary ranch-style building...a little bit of a mixture between the styles...it was not 11 intended to be an architectural landmark, and it's not considered significant for it's architecture, it's 12 considered significant for it's history. Based on a 1976 image,which I believe I have later and you saw 13 previously, it has good integrity to the historic period,which would cover the Perez family's operation of 14 the restaurant. And there is a compatible...what you see here is a compatible 1992 addition. 15 The setting is somewhat diminished due to loss of some landscape features, including the 16 monument sign that used to be in front of the building,and of course there has been fairly significant 17 redevelopment in this area over the last decade or so. So, the setting is somewhat diminished,but staff s 18 finding is that it was not sufficient to render the property ineligible. 19 Just a little bit about the setting and context,this is a 1937-era image, and so the blue and red just 20 marks the 1800 property in red and the Pobre Pancho's 1802 property in blue,just showing their 21 approximate location compared to, in 1937, still predominantly agricultural,versus 1969 after both of 22 those properties had been constructed, we see a lot more development along North College sending it 23 toward the context that we see today that's being redeveloped again. 24 Again,just a reminder in evaluating integrity for standard one...these are taken from a National 25 Parks Service Bulletin since our standards are based on the National Register of Historic Places, the 26 guidance for this comes from the National Register Bulletin that interprets those standards. And so,that's 27 where, for historically significant properties,we must define what the historic period is. In this case,the 28 period of operation by the Perez family. Then we measure the design,the location, materials, and setting, 29 and then of course association for these. That's the measurement of integrity...how well the property 30 tells that significant historical story. Just a summary, and I'll have to update this lower part here...so staff 31 did make an effort as part of new policy related to processes like this. We did send a letter to several 32 local organization, including the business association that covers North College as well as other 33 organizations that may have an interest in this particular property. So, an update to this...we did transmit 34 some public comments that were received earlier today, so in total,we've received seven written 35 comments,two of those were in support of a finding of not eligible, and then five were in favor of a 36 finding of eligible. Those will...should be added to the packet and you should have received those late 37 additions earlier today. 38 Again,just a reminder for the Historic Preservation Commission, this is a de novo hearing, so 39 you're providing a new decision regarding the eligibility of this property. And your role is to consider 40 evidence under Chapter 14 regarding the significance and the integrity of the building addressed at 1802 41 North College, and then provide a new determination of eligibility for designation. And again, as a quasi- 42 judicial Commission,your final decision can be...is subject to appeal to City Council. That concludes the 43 staff presentation. Before handing things off to the appellant, I do want to note that, as questions come 44 up, staff will be available. We do also have, I believe, Tom Simmons,who is the historian who wrote the 4 Packet Pg. 135 ITEM 6,ATTACHMENT 6 1 survey form. So, if you have specific questions about the content in the survey form, Tom should be 2 available to answer those. But,with that, I believe we have the property owner's attorney is representing 3 him, Jeff Cullers, and then the owner himself,Mr. Haun, are here and have a presentation for you. 4 CHAIR KNIERIM: Okay,thank you Jim. And,yeah, let's invite the appellants up. 5 MR. JEFF CULLERS: Good evening Commissioners,and for the record, my name is Jeff 6 Cullers...there's an `s' at the end. And I do want to...I'm going to disagree with the staff 7 recommendation,but I do want to compliment Jim Bertolini on some conversations I had with him over 8 the phone. He really did help me understand,kind of procedurally, where we're at with this matter. And 9 1 also want to be clear about one other thing, and that is my presentation is not meant to diminish the 10 accomplishments of the Perez family, let's just be clear about that. Another thing I'd like to be clear 11 about is that the actual property owner and the appellant is H&H Properties, LLC,it's not Darren and 12 Asher Haun. They own the LLC, and Darren is here with me, and I believe Asher is calling in virtually. 13 I'm going to go through a little bit of the history of the Hahn's...or the company's involvement 14 with the restaurant. H&H Properties purchased it...purchased the building in the summer of 2020, and 15 the purpose of that purchase was to keep the restaurant going. Asher Haun is a long-time customer of the 16 restaurant and he wanted to...the restaurant was facing challenges, including the illness of Frank Perez. 17 And there's another LLC called Pobre Pancho's Mexican Restaurant, LLC;that's the entity that actually 18 owned the restaurant and ran the restaurant. And so,there's actually two LLC's, and that's very common 19 in this business, and the Perez family did the same thing. One of the Perez family members also had a 20 five percent ownership in the Pobre Pancho's Mexican Restaurant, LLC. I'd like to go ahead and go to 21 the next slide. 22 So,this is going to be my basic outline; I've already started the first one,history of H&H 23 Properties ownership. And I'm going to offer a few points on the legal framework, then we're going to 24 go through the significance criteria and the integrity criteria, I'm going to make some comparisons to 25 other restaurant landmark designations, and then wrap up. Let's go to the next slide. 26 This is a picture of the inside, and I would note that the H& H Properties made some 27 improvements after buying the building, including some paint, some new flooring, and some new light 28 fixtures. Pobre Pancho's Mexican Restaurant, LLC decided to close down effective March 31", 2022, 29 because it was losing money. There was a loss of about$123,000 since the restaurant was...you know, 30 changed hands. And the Haun's did come out of pocket to make payroll and to pay vendors. So,there 31 was no...the Haim's did not purchase the property for the purpose of just flipping it to Raising Cane's. 32 And Raising Cane's actually did approach them within a few weeks of them buying the property, and the 33 answer was no,we're not interested in selling. The closure of the restaurant was abrupt and without 34 warning,but I would note that that's pretty common, and that's really kind of the standard way that 35 people do it in the restaurant industry. You don't tell your employees,you know,hey, in two or three 36 weeks, this ship is going down. It's usually a very abrupt event. Next slide. 37 So,this is another picture of the inside of the restaurant. Next slide. So,I think that Mr. Bertolini 38 already went through some of this. I do want to point out that under the Code provisions,memories about 39 Pobre Pancho's are not really relevant to the eligibility determination. I'm sure we're going to hear some 40 of those from public comment tonight,but the landmark has to have meaning for people who never had a 41 meal at Pobre Pancho's, and this...the landmarking is for future generations. And, you as the 42 Commissioners need to consider that potentially indefinite timeline of historic landmarking, and note that 43 within several decades, Pobre Pancho's will...the restaurant will pass out of living memory. And this 5 Packet Pg. 136 ITEM 6,ATTACHMENT 6 1 discussion is also about landmarking the building...we're not talking about landmarking the restaurant, 2 that's intangible, and that...the restaurant itself doesn't exist right now. We'll go onto the next slide. 3 And this is the significance standard. And before I go on with that, I do want to note that this was 4 triggered because the building was over fifty years old, specifically,the building was fifty-one years old. 5 The restaurant did not get started until 1967; it didn't move to Pobre Pancho's...it didn't move to the 6 current location until 1969. So,the restaurant's history is definitely less than fifty years old, and I wonder 7 if we'd be having this discussion if the building was built in 1963 instead of 1961. So,I'll go to the 8 next...oh,I'm sorry. This is, again,the standard, and it has to be associated with a broad pattern of events 9 of history of the community, state, or nation. So, the point I want to make is it has to be associated with 10 something that's not just...not just the building itself. So, go to the next slide. 11 So,the staff finding identified this,you know,pattern of events or historic trend, and I'm just 12 going to call it historic trend. So,the staff finding is that this is significant...there's an association with 13 historic trends. The finding focuses on the history of the restaurant itself,recipes, and the history of the 14 Perez family as successful immigrants, suggests that the family overcame institutional racism as an 15 obstacle to business ownership, and notes that Pobre Pancho's is a long-lived restaurant,but there's 16 actually a restaurant in town that's been here even longer, and that's the El Burrito. The staff findings 17 also suggest that the second Mexican restaurant in the area was a sign of migration of Hispanic residents 18 or Latino residents to north of the Poudre because of gentrification,but I'd note that the El Burrito 19 restaurant is...I don't know that the El Burrito restaurant is evidence of that because it's actually not north 20 of the Poudre. Next slide. 21 So,recall, the history...the resource, which is the building, has to be associated with a pattern of 22 events or a historic trend that made a recognized contribution to the patterns of history of the community. 23 This criteria doesn't support making the building a landmark to it's own history; it has to commemorate 24 an association with some other history. I mean, otherwise, every old building would qualify. Now,I'd 25 note that this standard,this association with something that's historic, is one of the easier standards to 26 meet because it kind of assumes the existence of the historic trends, and the question is, is the 27 building's...you know, associated with those historic trends. So,you don't necessarily have to prove out 28 the historic trends. I would note that the restaurant is not identified as making any influence or 29 contributions of a culinary nature that went beyond the restaurant itself. The only historic trends that I 30 could glean from the report are these three that I put on the slide here: the migration of Latinx or Hispanic 31 people to the city, state, and nation, institutionalized racism against Hispanic people in Fort Collins, 32 which I think that means racism by people in the City of Fort Collins...and when I say the City, I mean 33 like the City entity itself,that's the institution. The last historic trend that I could glean is settlement of 34 Hispanic people north of the Poudre River because of gentrification. Now,the survey also suggests 35 association with the Perez family,who emigrated to the United States and built their dream. Now,that's 36 an accomplishment,but I don't think that means that the family itself is a historic trend. We're 37 getting...now they're associated with historic...the family is associated with the historic trend of 38 immigration, and the building is associated with that family,but we're getting kind of attenuated if that's 39 the path that we go down. I mean,the Perez story is not unique, I mean there's probably thousands of 40 Mexican restaurants in this country that were started by immigrants. 41 The survey also suggests that the restaurant itself was significant,but I didn't see any specific 42 information on how it influenced Fort Collins,like how it influenced the way the city of Fort Collins 43 developed. It basically notes that the restaurant survived a long time in a difficult industry;however, 44 difficulty of surviving in the restaurant business is not a historic trend, and success at that is not a historic 45 event. 6 Packet Pg. 137 ITEM 6,ATTACHMENT 6 1 So,I'm going to focus on the three...what I think are the actual historic trends, and that's 2 the...the first one is the association with the general migration of Hispanic people to the city, state, or 3 nation. I think that's the next slide. So,is the building associated with this historic trend? And I think 4 the answer is no,I mean the intangible restaurant was associated with that,but it's not the actual building. 5 If we're going to go down that road, I think what we'd have to...the staff report would have to make the 6 case that the building was more than just along for the ride with this historical trend. For example,maybe 7 the building, or the Perez family,helped new arrivals adjust to life in the United States, something like 8 that. But,there's absolutely no information that the Perez family or the restaurant was associated with 9 people actually arriving to Fort Collins from Latin America. So,the answer in my view is no,there is no 10 evidence of association of the building with this actual historic trend. And I want to point out that the 11 burden is on the City staff to give you guys evidence to prove out the case. If the evidence isn't there, 12 then the finding has to be that it's not significant. The burden of proof is on the applicants, and if the 13 Commission is going to exercise the authority to restrict what we can do with this property,that's an 14 exercise of the City of Fort Collins' authority to legislate and make decisions for the welfare of the 15 residents. So,that invokes the police power; if you're going to invoke that police power,the evidence has 16 to be pretty clear. 17 So,the next one I'm going to hit on is the association with this other historic trend which is 18 institutionalized racism by the City of Fort Collins. Mr. Bertolini said that that is well documented,but I 19 didn't see any documentation about that in the report. That might be the case, I wasn't around in 1969, 20 but if we're going to make this bold claim,that's a bold claim, and with great claims come great 21 responsibility to prove them up, and I don't think the report tried to do that at all. This is one of those 22 instances where it's just assumed that this historic trend existed in Fort Collins, and really didn't try to 23 actually prove that. But, even if we're going to accept that, again,I would go to the next step, okay, so 24 besides just being a Mexican restaurant in Fort Collins during,you know,the last fifty years or so, is there 25 any specific challenges that the restaurant or the Perez family faced in overcoming institutionalized 26 racism, and the report doesn't have anything like that. The report just doesn't, in my view, it just doesn't 27 connect the dots between institutionalized racism by the City of Fort Collins to this specific restaurant in 28 some specific way. And practically speaking, I would point out,what would the plaque...if that's the 29 historic trend that we want to latch on to,what would the plaque on the restaurant say commemorating it? 30 1 mean it basically would say something like,this restaurant made it through institutionalized racism on 31 the part of Fort Collins. Now,that's again...that's a bold claim. With great claims come great 32 responsibility to prove them up. And I also point out that that's going to be a controversial claim; it's a 33 polarizing topic, obviously,racism. So,we just have to be...I would encourage the Commissioners to be 34 real careful about stepping into that unless the case is quite clear. Next slide. 35 Is the building...and now my slides say, is Pobre Pancho's associated...and it should say is the 36 building associated, so I'll just make that little change. But, is the building associated with settlement of 37 Hispanic people north of the Poudre because of gentrification in other parts of town? That's the 38 suggestion of the historic report. Now, again,this makes a lot of assumptions. First of all, it assumes that 39 gentrification was a thing in 1969, and I don't know the answer to that. But, if it is, we need to see,you 40 know,the evidence for that. The report...the evidence needs to show that that was the case. And the 41 second, there's another connect the dots issue with this historic trend. The staff report says that the 42 restaurant moved to its current location in 1969. Did it move because of gentrification? I mean, or did 43 they just need more space? Was their lease running out? So, I don't think we can just assume that the 44 reason the restaurant moved to its current location is because of gentrification. The staff report just 45 doesn't make that case. So, I would say no on this historical trend association;the report just doesn't 7 Packet Pg. 138 ITEM 6,ATTACHMENT 6 1 connect the dots. And when I say report, I'm also talking about the historic survey and staff's excerpts of 2 that. 3 The other potential historic event that the survey suggests is, again,the association with the Perez 4 family. Now,that would have to...in order for that to satisfy the standards,that would have to mean that 5 the Perez family is a historic event, or a historic family. And not to diminish their accomplishments,but I 6 mean, the Perez family moved here, the founders moved here to chase their dream, and they succeeded, 7 and that's a great thing, but their story is not unique at all. 8 So,just to close on this topic,the association topic, I believe at most the evidence shows that the 9 restaurant and the Perez family were along for the ride through some historic trends, and those historic 10 trends were: institutionalized racism by the City of Fort Collins, general immigration from south of the 11 border, and moving...being displaced by gentrification to their current location. I'll move on to the next 12 one. 13 So,the other portion of the findings that have to be made is,well, let's say that there is an 14 association with a historic event or trend...sorry, I shouldn't say historic event, it's a historic pattern of 15 events or historic trend. The next one is integrity, and that one I think is a little easier to understand, it's 16 the ability of a site, structure,object,or district to be able to convey its significance, and there's those 17 seven factors that Mr. Bertolini went through. Basically the question is, can we look at this building and 18 does it have something to say about the historic trends? Let's go to the next slide. 19 So,the staff finding is...well,there's integrity to the historic trends because the front of the 20 building is generally the same as in the 1976 photograph that was put up on the screen, except that the 21 large monument sign is now gone. There was a rear addition in 1992 that's compatible with the original 22 construction. There's a couple stained-glass windows that depict sombreros and roses, there's a carved 23 wood entrance door, and there's these wall signs that were added in 2010. Next slide please. 24 So,this is that 1976 report...or, I'm sorry,picture. I looked at the historical survey to see what 25 the architectural style is,because a lot of these alleged reasons that there's integrity focus on the 26 architectural style. But,I would note that Mr. Bertolini said that there's really nothing special about the 27 architectural style. The historic survey definitely bears that out. The answer...I wanted to see what was 28 the architectural style...the survey says,well, it's commercial. It doesn't really identify any specific 29 architectural style at all. I'd also note that the Perez family did not build this building, so this is not even 30 where it all began concerning Pobre Pancho's. Next slide please. 31 So,what were the historic trends? And is there any integrity...the historic trends were the 32 institutionalized racism, the migration of...general migration of people from south of the border, and the 33 displacement due to gentrification. So, does the restaurant have...or not the restaurant,the building have 34 anything to say about those issues? And let's go through the slides...I think some of them you've already 35 seen. That's the interior of the restaurant. There's no bar; there's a service bar,but there's not like a bar 36 for customers to sit at. Next? That's the outside. The signs have been taken down;you can see the 37 outline in the paint, but taking down the signs is a standard practice when the business closes. Next? This 38 is just the back side. Next? So, I think the building does retain strong integrity to its original style and 39 purpose, which is a very humble, generic, 1950's retail building. Next slide. The only thing about this 40 building that seems to recall any type of Mexican or Hispanic culture is the stained-glass windows, and 41 they definitely convey that,but I challenge whether they are really authentic. Is stained-glass an artform 42 that's associated with Mexican culture? I don't know the answer to that,but the historic survey doesn't 43 address that issue. The other part of that is,well,is the design itself, like in the style of Mexican artwork? 44 Again, I don't know the answer to that, and the survey doesn't address that question either. It might be 8 Packet Pg. 139 ITEM 6,ATTACHMENT 6 1 that the colorful paint job on the outside evokes like a Mexican cultural stereotype,but the paint colors 2 were not addressed in the historic survey or the staff report. And I would also note that if the building is 3 determined eligible, the owners will want to get permission to paint it a generic color, and I would think 4 probably get permission to do that. 5 The survey mentions the carved door, but it doesn't explain how the door is carved in a Mexican- 6 influenced art style, it just says it's a carved door. So,there's no evidence of that connection. Next slide. 7 So,I would posit that the restaurant really has no integrity...it really has almost no integrity to its 8 significance,which is rooted in Mexican or Latino culture. I'm going to compare it to this restaurant, 9 which is called La Posta de la Mesilla, and this is in southern New Mexico. It is on the National Register 10 of Historic Places. This has classic southwest pueblo architecture; the walls are made out of real adobe, 11 it's got this whitewashed finish,there's wrought iron details. Next slide please. This is what the inside 12 looks like. The ceiling is this viga pattern, which is spelled V-I-G-A, and that's the log ceiling detail. It 13 has the cultural...it has the classic, like,Mexican pattern tile in it. So it, I mean,it clearly says,this place 14 has Mexican and southwest influence. This is, I mean this is the whole package. It has all that...this 15 restaurant has been there since 1937, the original parts of the building date to the 1840's. It's located next 16 to a plaza that's listed as a National Historic Landmark. It clearly has integrity. Next slide please. 17 This is our building. So, in our view,the integrity criteria is just clearly not met. It's generic. 18 There's no suggestion to a connection with Hispanic culture or food. I looked to see if there's other 19 restaurants in the state of Colorado that have been designated for any kind of historic preservation, so next 20 slide please. So this is Bastien's Restaurant,which is in Denver on Colfax. It is on the National Register 21 of Historic Places. This was preserved because the building is an example of Googie architecture...I'm 22 not sure if I'm saying that right...it's spelled G-O-O-G-I-E. Next slide please. So,this is the inside, and 23 it's...I mean the architectural features here are quite obvious. I mean, it's got this dramatic folded roof, 24 the circular...the whole building is a circle. It's got this hemispherical skylight in the middle,this stained 25 tongue and groove ceiling panels, complex curves throughout the building. 26 The other restaurant I found...next slide please...is the White Spot Restaurant, and this is 27 basically the same thing, it's just not as cool as Bastien's. It's also a Googie architecture example. So, 1 28 thought about what would be a restaurant that...and the reason I put these up is that this is really...these 29 two are...the historical designation is about the architectural value of the building. They're not about 30 the...you know, what the building housed. In other words, they have their own...the building has its own 31 historical significance, it's not connected with some other historical significance. Next slide please. 32 So, I thought about what would be a building or a restaurant that's really not very interested...not 33 very interesting in its own right,but it's associated with something that's historically significant. And 34 this is an example: this is the Eagle and Child Pub, it is located in Oxford, England, and it's the site of the 35 Inklings writer group back in the first half of the 20th century, and the members of the writer's group 36 included C.S. Lewis and J.R.R. Tolkien. This place is on the British equivalent of the National Register 37 of Historic Places. Now,this has some integrity because it's associated with something that's historically 38 important, clearly, I mean you can...if you were so inclined,you could go in there and read your copy of 39 Lord of the Rings in the same place that J.R.R. Tolkien was thinking it up; that's some integrity. So,next 40 slide please. 41 So,this is bringing me to the end of my presentation. I think the...a few thoughts on what I'll 42 leave you with. The historic significance is Pobre Pancho's as a successful restaurant for a long time. 43 But,the building itself really doesn't reflect that. If Pobre Pancho's moved to a new bigger building a 44 few years ago, we probably wouldn't be having this conversation. It's a...the restaurant itself is the Perez 9 Packet Pg. 140 ITEM 6,ATTACHMENT 6 1 family legacy, and that's intangible, and I think it's more important than the building itself. I'd like to 2 leave you with some thoughts about the practical implications of eligibility. I mean, if the building is 3 eligible, it's going to turn into something;hopefully the H&H Properties can find a tenant, or they might 4 sell it,but it's unlikely to become a new restaurant because you just can't get enough tables in there, and 5 you can't expand the building anymore because of the site footprint. It's probably going to be a small 6 retail or office space. It's going to get painted a different color, so the festive colors are going to go away. 7 And, if someone walks by and sees this building painted a beige,they're not...it's not going to be clear 8 what that...what the building is commemorating,what it's associated with. And if we can't...if the 9 building can't do that,then what's the purpose of finding it eligible as a landmark? The restaurant's 10 legacy is more than this generic shell, and is preserving this generic shell the best way to honor the Perez 11 family and their restaurant? I don't think so...we need to think outside the box, like quite literally. This 12 is a generic box,that's all the building is, and we can do better...perhaps we can name a park or a street 13 or something in honor of the Perez family,but landmarking the restaurant is not the way to do that. So, 14 for these reasons, I ask the Commission find the building is not eligible as a historic landmark. And, 1 15 know there's going to be some public comment; I would like to ask that the...that Mark O'Donnell, 16 who's the H&H Properties real estate broker be maybe allowed to speak first so he can answer 17 some...so he can give a little bit more information about it, or if the Commission allows it, he could 18 follow me right away and just add his two cents. 19 CHAIR KNIERIM: Yes,thank you. We'll have all of the appellants that want to speak, speak, 20 and then we'll have ample time for public comment. 21 MR. MARK O'DONNELL: Thank you;my name is Mark O'Donnell, I'm a real estate broker 22 with Colorado Commercial here in Fort Collins. I'm assisting H&H Properties in the sale of 1802 North 23 College Avenue as the seller's agent. I've been in Fort Collins as a commercial real estate professional 24 for over thirty years, and that includes ten years of commercial property management experience. 25 With regard to the 1802 North College Avenue,the property has numerous marketability 26 limitations which would be further limited should the property be designated as a local historic landmark. 27 That designation would most certainly create undue hardship for H&H Properties by reducing the 28 current value of the real estate as there would be virtually no buyers or tenants who would consider 29 buying or leasing it in its current condition for the following reasons. First,the building is not large 30 enough to generate sufficient income to feasibly support a restaurant and the lot size is inadequate to 31 allow for expansion of the restaurant footprint,the current buyer, Raising Cane's Chicken, intends to 32 combine both the 1800 and 1802 North College lots in order to make the project viable as a restaurant. 33 Secondly,the building is not well suited for other uses like retail or office as either of those uses would be 34 adversely impacted by the size limitations of the property. Even if H&H were able to get current market 35 rents for a retail or office user, the cost to remodel the building to accommodate such users would not 36 make that type of a use change practical. 37 H&H Properties purchased the property in August of 2020 with the intent of expanding the 38 restaurant. In September of 2020,H&H submitted a purchase contract to buy the adjacent property at 39 1800 North College Avenue,North College Motors. That contract was declined by the current owner. At 40 that point,H&H directed me to find them a property large enough to potentially relocate the restaurant. 41 We were unable to find a suitable replacement property and in March of this year, after significant 42 business loses,H&H was forced to close the restaurant. 43 As a certified property manager, I have managed over a million square feet of mixed-use real 44 estate products up and down the front range, including a number of restaurants. In my experience, the 10 Packet Pg. 141 ITEM 6,ATTACHMENT 6 1 way in which the restaurant was closed by H&H is consistent with restaurant industry standards. Should 2 the Historic Preservation Commission elect to designate the property as a historic landmark,H &H 3 Properties will be left with a property of little value with very few options for re-tenanting the building or 4 selling the real estate to a buyer unless that buyer is able to assemble multiple properties. If the property 5 is designated as a historic landmark, it is likely that the property may remain vacant for years to come. 6 Thank you. 7 CHAIR KNIERIM: They just said that they don't need to say anything else,thank you. Alright, 8 at this point,we will...well, staff, any rebuttal? I want to make sure that we have time for rebuttal on that 9 before we get to public comment. 10 MR. BERTOLINI: Thank you,Mr. Chairman. I don't have any specific rebuttal at this point,but 11 if there's questions or need for clarification from Commission members, I'd be happy to do so at that 12 time. 13 CHAIR KNIERIM: Alright,thank you. Let's get on with public comment and then we'll have 14 questions from the Commission. Let's begin with the folks in the room and then we will go to our online 15 folks. So,yeah,just approach the stand and state your name, and write your name down on the sheet 16 there if you would please. 17 MR. BRAD YATABE: Mr. Chair, I did want to clarify for the appellant and the public, generally, 18 there was a statement that what's being considered tonight is the designation of this property, and that is 19 not correct. Actually,what's being considered...and I know you guys understand this,but what's being 20 considered is the eligibility of this property for designation,which is...makes a significant difference in 21 how that property is treated. So, I just want to clarify that for people. 22 CHAIR KNIERIM: Thank you. Yeah, so we are talking about eligibility. 23 MS. MONICA BIRD: Hello, my name is Monica Bird; I am Frank Perez's daughter and I'm here 24 to talk on his behalf, and my family will also speak, but I'm also speaking for some of my other family. I 25 wanted to clarify a couple things. Pictures that were shown was not the way we had it...the blue outside 26 was not done by us,that was done by H&H. The pictures that we had inside, the Hispanic culture 27 pictures, were taken down. So, yes, right now it's a shell,but it wasn't before. So, I wanted to make 28 those clarifications. And yes, if it is,we want the color changed because it's not what we wanted. 29 So, I would like to go through and talk about the history. Now,there was lots of mention of, 30 well, is that historic, is that this...? Well, in the Latin community, it is historic. Some of the things that 31 my father endured and overcame, that's historic. Just coming over...they came over because of World 32 War II. I'm a history major, so here we go. World War II...many migrant workers were asked to come 33 up because the boys were out fighting the war, so they appealed to the Hispanic culture in Mexico to 34 come up, and that's when my family came up. So,they have that tie to World War II. When they came 35 up,they didn't have anything. They came up to the United States and they were met with racism;whites 36 only signs were in the buildings. And there was even a segregation of where they could live...Spanish 37 colony is still there today. And there were other parts also designated where they could live. And, it is 38 correct, it is a building...it is a building. There's more to this building than those walls, and that ceiling, 39 and that roof. What is so important about this building is that is my...a physical representation of my 40 father's fight, and it was an uphill fight. Racism, segregation, and the pursuit of American dream. That's 41 tying to something; that is not an everyday thing. People don't come up from nothing, everybody, 42 because then we'd all be living differently. They come from nothing, and they build to something. 11 Packet Pg. 142 ITEM 6,ATTACHMENT 6 1 He came here in 1943;they were migrant workers,my family was, and they worked on many of 2 these farms that we talked about earlier with being preserved...they worked on some of those farms and 3 probably lived in some of those buildings on site. One of the buildings that they lived in was on Vine by 4 the old school,that one room white building that was there,they lived there. He attended school there, 5 and the school at the time...because there was quite a few, they had to change their name. He was no 6 longer Francisco Perez, he had to change it to Frank. He wasn't allowed to speak Spanish in school,you 7 had to speak English, and that was pretty common at the time. Even though he faced that racism,those 8 signs, changing his name, not being able to speak his native language in school,he still joined the Navy. 9 There was a draft; he went and signed up. He signed up because he felt what America stood for;the land 10 of opportunity and equality was worth defending. He served there for eleven years. When he came back, 11 the racism was still here. HP was predominantly employing white employees. My father didn't let that 12 stop him;he went and applied for an electrical engineer, and he got the job,which was kind of unheard of 13 at the time. 14 My grandmother wanted to start a Mexican food restaurant, and she started in Old Town,because 15 that was what was available to her. My father and my uncles helped, and my father thought,you know 16 what, we don't want a lease, we want to own. So, against the odds of banks not wanting to lend to 17 Latinos at the time,to become business owners,he didn't let that stop him. Family members helped him, 18 he had to go to a bank in Greeley to get the money, and that's what that building is. That's that fight to 19 even get going to begin with. He transformed that old building into a Mexican cafe. It was different then, 20 stucco everywhere. He was one of two Latino business owners in 1969. You know,today,this came out 21 in the newspaper this year...of the 7,000 businesses here in Fort Collins, six percent are Latino owned. 22 What is that saying about today? That is 420 out of 7,000 businesses. He started that trend, gave people 23 courage. What does that building mean? Courage. He did it;maybe I can too. 24 Not long after he started that,he married my mother, and my sister and I came along. And with 25 Pobre Pancho's,he redefined the meaning of family when he started that restaurant. Family was now a 26 customer as well, no matter their ethnicity. Yes,he opened it because Mexicans wanted Mexican food, 27 but whites, Asians,African Americans, they all came in. It didn't matter; they were all part of that 28 family, and that's what he wanted. He broke down those barriers because that's what he wanted, and 29 that's worth noting, and that's worth recognizing. Customers could always count on him to offer them a 30 home-cooked meal, our family recipes. He sat and he talked with them...in reading some of what people 31 turned in,that was the great thing. Frank went around and talked to everybody; it didn't matter who you 32 were, it didn't matter what you believed in, it didn't matter, democrat,republican, he talked to everybody. 33 My father inadvertently created a melting pot which this nation is all about, a melting pot...he created that 34 there in that building. He provided that atmosphere for half a century. He provided work to many in 35 need, and that was brought up. Did he help the Hispanic migrants? Yes, he did. They came here needing 36 a job,they came here needing help getting citizenship. He helped them. He rented them some of his 37 properties so they could have someplace to live. They bought it from him. He did all of these things to 38 help the Latino community coming into Fort Collins. He didn't turn anybody away. If you made 39 mistakes in the past,he still helped you. 40 Our family members all worked there, my mother,my sister,myself,my daughter who still owns 41 five percent, my other children,my grandkids worked there. This is generations. My son-in-law,my ex- 42 husband worked there,he welcomed him with open arms,they did it together. And a lot of our 43 customers,they came to work there as well. They were kids who ate there, and they started work there, 44 and he taught them hard work gets you somewhere. Outside of that restaurant,he donated time and 45 money to churches, charities, law enforcement, fire authority. As one of the first Latino businesses, and 12 Packet Pg. 143 ITEM 6,ATTACHMENT 6 1 ultimately the cornerstone on the north end of town,my father believed it was his duty to bring to North 2 College...belong to the North College Business Association. He advocated for positive growth,he broke 3 down walls of racism and segregation, finding ways to bring North College community together inspiring 4 minority-owned businesses. He did all of this until June of 2020. He greeted everyone with a smile. He 5 accepted everyone. If you didn't like him,he still accepted you. He passed away in October of 2020 to 6 cancer. If he didn't get cancer,we wouldn't be having this conversation,we'd all still be working there. 7 He passed on with the knowledge that his granddaughter, my daughter,was continuing his legacy. 8 1 mentioned that my daughter had owned part of that business, five percent. Yeah, it's small,but 9 it's five percent. On October 14th, without her knowledge, without coming to her,without talking to her, 10 she was informed it was sold,they were in a deal with Raising Cane's. On March 31',they locked the 11 doors,they changed the locks actually. And no matter what non-restaurant...they didn't own restaurants 12 before, they didn't know what to do, so they thought,we'll just lock the doors. You talk to other 13 restaurant owners in the community, and they were appalled. One even confronted them when they went 14 to breakfast there; that's not what you do. On April 1', everyone became aware that it was closed. We 15 had no warning. My daughter had no warning,the employees had no warning. The community had no 16 warning. What significance does this building bring to us? The building reminds us of what my dad 17 often said: it is not where you come from that defines who you are,it is what you do with the time God 18 has given you on this earth and how you improve the lives of others around you. This building is the 19 physical reminder that with a strong faith in God,perseverance,hard work, dedication...that no barrier of 20 racism or segregation can stand in your way. My dad embodied and redefined what it is to be an 21 immigrant. He is no longer defined by the food he prepared,but by the love he had for those around him. 22 He's a direct symbol for the Latino community of their family values,resilience, strength, grit, and 23 determination for the American dream. If that's not historic...it is not a common thing, it is not 24 something that everybody just does. Back then it was rare. Judging by the amount of Latino businesses, 25 businesses owned by Latinos, it seems to be pretty rare still. 26 My life and the surrounding community have been touched by my father's life as symbolled in 27 that building. If you believe what they say, it's no significance, it's nothing. Yeah, it was great what they 28 did,but other people have done it too. Fine. But, if you believe that our Latino business heritage, 29 overcoming racism and segregation is symbolic in this building, brought to you by a Mexican immigrant 30 for over a half a century,then you have to save this building. That building can be a beacon for 31 generations to come, to show them nothing can keep you down,keep going and you can do it. That's 32 what that stands for,that's what that means. And that's what he showed us. Thank you. 33 CHAIR KNIERIM: Thank you. Other folks here live that want to speak? Come on down. Be 34 sure to sign in and then state your name. 35 MS. MARY PEREZ: Yes,thank you for letting me talk here tonight. My name is Mary Perez, 36 and yes, I am Frank's wife. We started that business in 1968,right after we were married. Yes, it's true, 37 my husband and his mother had the business in Old Town before that. When my husband came home 38 from the service, he decided he wanted a bigger place with parking, because downtown, in Old Town, it 39 was hard to find parking at the time. So,he found 1802 North College, and it had been vacant for quite a 40 while. And so,he found the owner that lived in Iowa,we bought the building from him,we cleaned it up, 41 and we started Pobre Pancho's. Well, actually it was Pancho's at the time. And we did not go there 42 because of segregation or anything like that,we just wanted a bigger building and a parking lot. So,we 43 got it going. At first, our parking lot was nothing but dirt,but gradually, as we kept going,we added 44 stuff, we added to the building,we had it painted. In fact,Frank and 1, and some of the workers painted 45 it. It was tan with brown, and that's the way it stood. The colors that it has today, H&H did it,not us. 13 Packet Pg. 144 ITEM 6,ATTACHMENT 6 1 And, we made a business for fifty-one years. We had our daughters working, Amelia and Monica, and 2 then as the grandchildren grew up,they worked there also. My husband took our granddaughter,Karolyn, 3 under his wing,taught her well. Towards the end, she was managing with him. When he got really sick, 4 then he turned manager over to her. He was home in...he was in Hospice at home, and I was his 5 caretaker. We...I'm sorry, I get emotional. 6 But,you know,he came from Mexico, and he graduated from high school, decided he wanted to 7 go to the service. He was actually going to go to the Marines, but when he went to sign up,they were 8 closed, they were out to lunch, so a gentleman next door came over to see him. He was a Navy recruiter. 9 So,he tells Frank, what are you doing here? Well, I want to join the Marines,but they're out to lunch. 10 And he told Frank, well, come here son. When it was said and done,he joined the Navy. So he was in 11 the Navy for eleven years and then he came home and we started the business. 12 So, all I want to say is the building, 1802 North College, does have a history. It has our heritage 13 in there, and it's a building that was made and ran for fifty-one years with a Hispanic person. We had 14 Hispanics, we had Anglos,we had Chinese, we had them coming over from Laramie, Cheyenne, 15 Loveland, Greeley, from all over. Today they showed us some pictures of the building;they say it's not 16 Hispanic. Well,they showed us an empty building. It wasn't empty when we had it. There was a bar 17 there; it wasn't a sit-down bar because it was a restaurant. We were selling drinks at the tables while they 18 ate,but there was a bar there. Those stained-glass windows? My husband designed them, and he had 19 someone put them in. That was part of his heritage because he was from Mexico. The sombreros in 20 there, the roses...my mother-in-law loved roses so that's why he planted roses in the yard, and he had 21 roses put in the stained glass. So, I just want you to know that our heritage is there,that building is there, 22 it's been there for the longest time. We moved here in '68,my family and 1. There was nothing there but 23 a building,weeds and all. So,when my husband and I bought it, it came to life. And that was a history. 24 Thank you. 25 CHAIR KNIERIM: Thank you. Are there others here live that would like to speak? Be sure to 26 state your name and write your name on the pad please. 27 MR. JAMES ARON: Yeah,my name is James Aron and I apologize for my casual appearance. 28 I've had a medical condition that doesn't get me out of the house much;when I do go out,this is how 1 29 have to dress to keep cool enough to be outside. You probably might have gotten a copy of the letter that 30 1 submitted already referencing 1802 North College. I believe I sent it on the 15`", I got a response on the 31 15a`...but anyway, I'd like to just read a little bit of it if I can, if that's okay with the Commission? 32 Okay, like I say,my name is James Aron,I live north of town, and I'd like to share my thoughts 33 on Pobre Pancho's. I grew up in Loveland,moved to Fort Collins in 1975 and moved up to the north end 34 of town. So,I was, you know, here about six years after it started. I was looking for good Mexican food, 35 found Pobre's...I was thrilled. Me and my family,we have eaten there up until the day it closed. In fact, 36 we were there eating the night before it closed so suddenly. My son...Frank would always make sure that 37 when we'd go in for birthdays,because my son, Travis, loved the place for birthdays...Frank would make 38 sure he had his own T-shirt, every year like clockwork. It wasn't hard to find Frank,he was always there 39 checking on customers, make sure that meals were good, how they wanted them. And I got to know 40 Frank, had a lot of conversations with him over the years, and there was a lot of years there. Sad day 41 when he passed on, I'll be honest with you. But,you know, it was good,because we heard that a fellow 42 had bought the place and it would not be closing, and the legacy and tradition of Pobre's would be 43 continuing on. 14 Packet Pg. 145 ITEM 6,ATTACHMENT 6 1 You know,there's a couple Mexican food restaurants that have been around for a while. The 2 other one is El Burrito owned by Dorothy...I've known Dorothy for years too. And,to the best of my 3 knowledge, they are the only two Hispanic restaurants that have been in business in Fort Collins for a 4 period over fifty years. Silver Grill downtown has been around for more than fifty,how many years has it 5 been owned continuously by the same people? How many restaurants in town have been owned by the 6 same people? Much less Hispanic that had to work through a lot of stuff to keep it open. 7 You know,knowing Frank, when King Sooper's moved in next door, we had a lot of discussions 8 about that. Frank was offered a sizable sum,I never found out what it was,but he was paid pretty 9 intensely if he'd have taken it to move it so that they could have that little corner piece too. Well,he 10 stuck by his guns, he said no,this is my legacy, this is where we're going to stand,this is where we're 11 going to do it. He could have taken the money and run;he didn't because that was Frank. This was a 12 historic place for him; it was steeped in tradition for him and his family, and for we as customers down 13 there, as clients. I think now he maybe should have taken the money, but there was no way to talk Frank 14 into it then. 15 I believe that Mr. Haun bought Pobre's not with the idea of keeping the legacy going, you know, 16 but with the idea that some day that corner was going to be really worth a lot. I think that he got a good 17 deal with it,you know, from the family,in order to keep it going. And, not keeping your word,you 18 know,that's one thing,but I believe the whole thing was from start to finish knowing that that corner was 19 going to be worth a sizeable amount of money. And, it was sold for the money,bought for the money, 20 not necessarily because there's any history of it,which there is, or any legacy,which,I mean who else in 21 Fort Collins had a restaurant that's open fifty years? Can anybody name any? Other than Frank and 22 Dorothy? I can't. 23 Anyway, I think it should be a landmark because of what it stood for,how Frank saw it. And you 24 tell people, okay,I live north of town, so I'd say, okay,what you is you go up to Pobre's,you know 25 where that's at? Yeah. It's that big of a landmark; everybody I knew,knew where it was at. So, I think it 26 was a landmark,I think it's location was good. Granted,that was a time when he opened up in '69,the 27 early `70's...I'm sure everybody here remembers that restaurants weren't always that big. A small place 28 like that, small, comfortable place, that was a good place to go to. I will still remember fondly the 29 memories of that, and I think that the Commission really ought to look at the legacy of that place. And, 1 30 was honored to eat there, I was honored to know Frank. 31 Anyway, I hope that it can be...talking about use of the building. I saw the pictures. They gutted 32 it. It didn't look like what the pictures looked like any of the times since '75 that I started eating there. 33 But,that's the way it is right now. They're saying it can't have another use...it did fifty-one years as a 34 restaurant, why couldn't it be returned to that? Why couldn't it be returned...you know,make some 35 money off the deal,that was the original idea behind it, and I'm not against capitalism,I'm not against 36 investment properties, I'm against when you say something...my word means something to me, and I'm 37 sure it means something to you people. Stick by your word. Not, get a good offer and sell it. That's all 38 I've got to say. Thank you very much. 39 CHAIR KNIERIM: Thank you. Are there others here that would like to speak? Please state your 40 name and write your name on the sheet there please. 41 MS. AMELIA PEREZ: Hi,yes, I'm Amelia Perez; I am Frank and Mary's daughter, and thank 42 you for letting me speak tonight. Just stating that I have worked for Pobre Pancho's since I was in junior 43 high. And I'm actually speaking for some of the regular customers we've had...I see them every day at 44 my job. They're always asking what's going on,what's happening, and don't know. The story is, is that 15 Packet Pg. 146 ITEM 6,ATTACHMENT 6 1 my niece, Karolyn Bird, owns five percent of it. He locked the doors on her, and don't think that's 2 possible if you don't own the whole thing, you shouldn't be able to do that,but that's a different story. 3 But anyway, like they were saying,the building...we had a painted mural. My dad had this 4 tennis player that was...I'm sorry, I'm nervous...he had this mural painted on the wall, and that wasn't on 5 there. The outside...it was a white stucco before, and now it's blue. They did not do that. But,we've 6 had...our family has watched generations and generations of families come in. We were not only a 7 restaurant, we were a family, and that meant something to people, and that's what these customers are 8 telling me to tell you. It's not just a restaurant, it's a place for families to go to. They bring their 9 children, their children bring their children...and my dad had,like my sister said,he talked to everybody. 10 He let everybody come in,no matter what race...sorry, I'm really nervous. But, it's heartbreaking when 11 you have a friend who says that he's going to help you and he turns around and pulls the rug underneath 12 you after you're gone, out from underneath your family, out from underneath your friends...we call them 13 Pancho's family. That's what we are, we're Pancho's family. These customers here that are here tonight, 14 I've known them since I was a little kid. My dad taught me how to work hard, strive for my dreams, and 15 you can't really call a friend a friend when they do you wrong. And that's all I can say right now because 16 I'm really nervous. Thank you. 17 CHAIR KNIERIM: Thank you. Other folks here that would like to speak? Please be sure to state 18 your name and write it on the ledger please. 19 MS. CAROL TUNNER: My name is Carol Tunner. I come to you with a great deal of education 20 and experience in historic preservation as I was the City's Historic Preservation Planner for twenty years. 21 1 staffed your Commission for twenty years. I went to conferences and educational classes, and in my 22 estimation,Pobre Pancho's is an institution that needs to be designated. Not only that,but I live in the 23 neighborhood. I live to the east. My husband and I would eat there. It was known as good food, good 24 Hispanic, good Mexican food, all over town everybody knew that. And it was locally owned, I think 25 that's an important,very important fact that I haven't heard mentioned very much, that it was such a small 26 number of Hispanic people that owned businesses,and Mr. Perez represented that. He was a pioneering 27 businessman. 28 I would say that, first of all, it's important for the...famous person,Frank Perez...and that's one 29 of our categories in designation. Second, historic trend...yes, it's true that Hispanic peoples have moved 30 north of the Poudre River. Last year I served on the North College Urban Design Committee and I was 31 absolutely amazed at the influence the Hispanic people have in the North College area,with their 32 businesses, and living around there, and La Familia, and all their organizations, the butcher shop, 33 everything. This is something that needs to be designated. It was locally owned; the money didn't go off 34 to corporate somewhere in another big city. We need to support the Hispanic community,we really do, 35 and this is one way to do it, is to designate their business,their pioneering effort at business. 36 Finally, and this is aside from the designation. The way the restaurant was acquired may have 37 been legal, but it was unconscionable. It has nothing to do with the designation, of course,but it makes 38 me very sad,to the point that if Raising Cane's tears Pobre Pancho's down,I'll not eat there, and I'll not 39 eat at the one south of town. But, if Pobre Pancho's stays there,boy I'll support them. 40 CHAIR KNIERIM: Thank you. Other folks here that would like to speak on this issue? Alright, 41 let's then move to the online contingent. Melissa, if you would bring in the first person,please? 42 MS. MELISSA MATSUNAKA: Yes, Mr. Chair,it is Bloss. 16 Packet Pg. 147 ITEM 6,ATTACHMENT 6 1 MS. BLOSSOM SANCHEZ: Are you able to hear me? 2 CHAIR KNIERIM: Yes, and please state your name. 3 MS. SANCHEZ: My name is Blossom Sanchez—B-L-O-S-S-O-M, S-A-N-C-H-E-Z. 4 CHAIR KNIERIM: Yes, go ahead please. 5 MS. SANCHEZ: I first want to say that I don't know the Perez family and I've never ate inside 6 Pobre Pancho's before, and I also don't know the H&H, LLC person either. So, I'm kind of nervous 7 too. But, I have lived in...I'm thirty-two years old; I have lived in Fort Collins my whole life. And I saw 8 this through a Facebook, someone shared it through Facebook, first when it closed back in April, and 1 9 was, like, really sad about it because I actually lived on North College for like thirteen years, and I used to 10 walk by Pobre Pancho's to go to Albertson's all the time, get my hot pickle, come back home. So, like, it 11 has always been there. I have family that still live on North College, so I actually drive by there...and 12 always see it there as well. 13 So, for it to be a historic landmark, I definitely do think it fits the criteria that you guys were 14 talking about. Actually, I took some notes down here, so let me bring my laptop here. Because, it is a 15 part of the Latino community, I see that as well. But,before the Latinos were there, there was also Native 16 Americans there as well, so technically it is on Native land. We're all on Native land. And, in 18...1 17 want to say like, 1860-something,there was something called Camp Collins,where it was full of military 18 men who would help, I guess,travelers, with like the Native Americans and outlaws in the area, and kind 19 of like shooed them away. So, and this Camp Collins was located about in Laporte,up from Fort Collins. 20 And, so,then they got...flooded out, and they got pushed down four miles down towards Fort Collins 21 area more. So,my point is like, the land itself is historical; that's what I'm trying to say here. Like, 22 we've had...you know, a lot of stuff happen to our people that I thank that just needs to be recognized. 23 And when, I think his daughter took the stand and said something about her dad having to change his 24 name and not be able to speak his language made me cry because I am eastern...Apache, so my ancestors 25 were also put in residential schools, stripped of their name, and stripped of their language. So, I literally 26 was crying because just the history of like that,and the generational trauma that comes with that. And 1 27 think like them doing this and abruptly closing the restaurant like this, is also more trauma that was, you 28 know,that their dad endured as well, like even though he's not here anymore. And what I'm 29 hearing...well, all the stories I've heard, he sounds like a great man. And you also...what I hear is he was 30 illegal immigrant, and he came to this country and served in the war...like,he wasn't even a citizen yet, 31 and he's like,yes, I'm going to serve for this country so that I could become a citizen and,you know, 32 fulfill my dream. So, like,that's a big accomplishment for the Latino...their part of their history and their 33 family. 34 I also was looking up like the style of the way the building was made. And, if you drive down 35 North College, you can see that like the buildings in the area were also built in that timeframe, like the 36 Jax, like the recycling place...they're all built the same,like farm style,kind of like ranch style-ish type 37 of building,which is kind of like what Pobre Pancho's looks like,kind of like a ranch-style building. So, 38 1 would like it to stay there as Pobre Pancho's as well because I drove by there for like thirty-two years 39 because I still have family that live up there and I've always seen it; it was always just something there. 40 Like,Pobre Pancho's, like you knew that was a Mexican restaurant,you knew that was on the north side, 41 and it was just a staple, it was...everybody knew. If you wanted directions because you don't...like me, 1 42 don't know, like don't tell me to turn on Willox or something...tell me like,hay,turn left on...where 43 Pobre Pancho's is, or turn left where that King Soopers is before you see it,you know before Pobre 44 Pancho's, you know, like...that's how I know directions. So,Pobre Pancho's has always been like a 17 Packet Pg. 148 ITEM 6,ATTACHMENT 6 1 focus point on that 287. And before, like, buildings were built there, it was a touring spot to come down 2 from Wyoming, and that's where the tourists came in straight, like 287 right there,the first thing they 3 saw. Like, I remember when I was growing up,there used to be like a farm stand there that now a car lot 4 takes, so like,people saw the farm stand, and then,like there was Pobre Pancho's,there was the motels, 5 there...and they're like right next to each other. So,if you're staying at the motel,you're probably going 6 to eat at Pobre Pancho's, and you're going to remember that coming in from Fort Collins. 7 I was also...let me see what else...I'll look it up here. I did also...while the lawyer was talking, 8 he mentioned a restaurant in, La Posta de Mesilla in New Mexico, and I actually was like, huh,I'm going 9 to look this up. Well, the lawyer had said, like, stained glass is probably not part of their culture. 10 Actually, if you look at this restaurant and look at their pictures,they have a stained glass window in their 11 bar area. It looks like it's some horses,you know caballeros or something,but it is part of their culture. 12 If you know the Catholic empire...like the Spaniards came to Mexico,they,you know, gentrified it, and 13 they passed on their religion which is Catholic. If you go to Catholic churches today,what's in the 14 window, stained glass windows. So, like these are stuff that was brought, like, forced onto the Mexican 15 community that was brought over from overseas. So,it is something in their culture,because of the 16 horrific genocide that happened. 17 But,my...like I really just want to say,like I want you guys to consider, like, this restaurant as a 18 historic place,because it's been there for over fifty years,it was locally owned, and that's a big part of 19 like anything nowadays, like you want to support locally-owned businesses. You don't want to go to 20 corporate...and they never did that, and I think that's a big plus for them. 21 Let's see here...this says, like, it's been family-owned since 1960's,that's also in my notes there. 22 And I wasn't even born back then, but I have family members that say like,yeah, I remember that place, 23 it's been there forever. And when I saw the pictures the lawyer put up, like,I was like,what...like the 24 blue, I was like, that was never there, like the Pobre Pancho's sign is missing. I hope if it does become 25 like a historical place, I hope it gets put back the original way it was,because that just breaks my heart 26 right there. Other than that, I think that's all I have to say. Thank you. 27 CHAIR KNIERIM: Thank you. Next online public comment? 28 MS. MATSUNAKA: Mr. Haun. 29 CHAIR KNIERIM: Hello, are you there? 30 MS. MATSUNAKA: Asher Haun? 31 CHAIR KNIERIM: Hello? 32 MR. ASHER HAUN: Okay, can you hear me now? 33 CHAIR KNIERIM: Yes,thank you. Please state your name and then your comment. 34 MR. HAUN: My name is Asher Haun and I am the principal of H&H Properties, and I would 35 like to...yes, and I own Pobre Pancho's along with five percent that was given to Karolyn for what she 36 brought to the restaurant;Karolyn being Frank and Mary's granddaughter. And I would like to reiterate 37 to the Board that I regret not being there; I had previous obligations that I needed to meet. 38 I bought the restaurant with sincere desire to keep it open; otherwise, I would have not remodeled 39 it and invested in new appliances and keep pumping cash into it. The colors of the building was stucco 40 falling off of the south walls; I had it re-stuccoed and painted the brilliant colors that you see today to 18 Packet Pg. 149 ITEM 6,ATTACHMENT 6 1 bring back the Hispanic preservation that it may have had. But, it was a plain white building as I'm sure 2 everyone on the Board noticed that. The interior was in dire need of remodel. For the thirty-five years 3 that I ate there, the interior never changed as far as upgrades. The appliances in the kitchen were failing, 4 and I upgraded several appliances, all with the hope of keeping the family restaurant going for the family. 5 1 paid Frank what he wanted for the building,no negotiations. 6 As I said, Karolyn was given five percent for her knowledge of what she brought to the building, 7 and no cash. And at no point in my$123,577 as of the 31'of March did Karolyn contribute in any of 8 them funds. So, with that being said, we lost more money in the first three months of this year than we 9 did all of last year. The declining business...yes,at one time,the building was very noticeable, and that 10 was another reason for painting it the way I did, was to make it more visible to the public. It got 11 swallowed up in the North College improvements to that area. We had full intent of keeping the business 12 going,but it just wasn't possible; raising costs in food and et cetera, COVID...I paid the girls what 1 13 considered well,more than I actually had to legally. I wanted them to try and make a decent living,they 14 made a decent living as best as we could provide for them. To me,they wouldn't have had a job for 15 eighteen months, and if the family is so dead set on me buying the business and the building, why didn't 16 they step up to buy the business and the building. And the reason for that was,the family didn't have the 17 money and the family needed the money, and I'm not going to get into their financial situations,that 18 would be the last thing that I would do. But,the two years previous to my buying it, it was very,very, 19 very marginal, and that is all I will say about the financial side of it. 20 But,the building was never bought, or I wouldn't have closed it a week after I bought it and 21 invested the money that I did. The interior, like I said,we put a lot of money inside and out. The painting 22 of the outside was a very, very small portion of the percentage of money that I spent. Most of it was on 23 appliances and the interior. The interior doesn't look the same, I'll give them that a hundred percent, 24 because I think that we made drastic improvements, and the clientele gave me nothing but thanks and 25 gratitude for what we did to the building and the fact that I bought it trying to keep it going. Just...it 26 wasn't in the cards. And, I love Mexican food. I have nothing against the Perez family or the Hispanic 27 preservation, the...any of that...I have nothing against that. I own a heating and air conditioning business 28 and I have a lot of people that work for me of different cultures and et cetera. So, I am not a prejudiced 29 person in any way, shape, or form, and I loved Frank as much as any of the other customers. 30 So, I don't know...look at my notes here...the restaurant's not going to reopen,that I can say 31 because I did liquidate everything, and at some point here in the near future,I will be disbursing with 32 Karolyn Bird,the cash that was received and the items that was donated. But...just was no way we were 33 going to be able to keep this thing going. So,with that being said,I would ask the Board to reverse its 34 decision. And, with that, I'll hang up. 35 CHAIR KNIERIM: Thank you. Any more public comment,Melissa? 36 MS. MATSUNAKA: There are no other hands raised online Mr. Chair. 37 CHAIR KNIERIM: Thank you. Any more public comment here? Seeing none,that will close 38 the public comment for this, and let's move on to Commission questions for our appellants or for Jim. 39 Hearing none, let's move on to discussion. And what we are talking about today is... 40 COMMISSIONER M. DUNN: Kurt,I'm sorry. I do have some questions, I'm sorry. I was 41 trying not to jump in first again like I've been doing,but... 42 CHAIR KNIERIM: That's fine. 19 Packet Pg. 150 ITEM 6,ATTACHMENT 6 1 COMMISSIONER M. DUNN: I guess I'm the only one. So,I have some questions for Jeff. Jeff, 2 I just want to clarify a few things, or at least one thing. So, at one point, and I might have just not heard 3 everything you were saying, but I heard mention of police power, and so I just wanted to clarify, are you 4 saying that our making a decision based on our local Municipal Code that's been developed through 5 significant public input is exercising police power,or were you referring to something else? 6 MR. CULLERS: I probably shouldn't have used that term; that's kind of a legal term regarding 7 the ability of the municipality to make laws in the public interest or public welfare. So, it doesn't mean 8 police power in the criminal justice sense at all. 9 COMMISSIONER M. DUNN: Alright, so... 10 MR. CULLERS: But I think that the council is going to be exercising that power...that ability to 11 make decisions that's,you know, for the good of the...or for the benefit of the citizens of Fort Collins in 12 making...in addressing this. 13 COMMISSIONER M. DUNN: That's helpful,thank you. And then,I don't know if you can 14 answer this, or if it would be better to be asking the gentleman that wrote the report, the survey report,but 15 Jeff, in your...when you were talking,you mentioned that there was racism by the City of Fort Collins, 16 which I assume you meant by the government entity, against the Perez family, and I didn't see that in the 17 survey report, so I just was hoping to figure out what page that's on so I can make sure I've read that. 18 MR. CULLERS: Well, I can't tell you the page number off hand,but what I was referring to was 19 the idea that there was institutional...what the historic survey said was institutional racism in Fort Collins, 20 which I think that would mean racism by the institutions of Fort Collins, so that would be the City and 21 then maybe some of the business institutions. 22 COMMISSIONER M. DUNN: Okay, so... 23 MR. CULLERS: Does that make sense? 24 COMMISSIONER M. DUNN: What the Perez's mentioned about the white trade only would 25 count in what you were talking about? 26 MR. CULLERS: Say that again? 27 COMMISSIONER M. DUNN: So when one of the Perez's...I can't remember, maybe it was 28 Monica, got up and spoke, she mentioned the white trade only signs that we used to have here in Fort 29 Collins in our business windows. Is that the kind of institutionalized racism you're referring to? 30 MR. CULLERS: You know, I don't think I know enough about those buildings...those signs to 31 say one way or the other. 32 COMMISSIONER M. DUNN: Okay, so you mentioned it but you're not entirely sure what we 33 were talking about. 34 MR. CULLERS: Well, I don't think that's fair. I mean,I guess to challenge you on that I would 35 say, if there's individual businesses putting up discriminatory signs,that's clearly racism...but I mean, 36 that would be racism by that business. Does that mean that there's an institutional racism? I don't know 37 the answer to that. 20 Packet Pg. 151 ITEM 6,ATTACHMENT 6 1 COMMISSIONER M. DUNN: Okay, so I'm just clarifying...we don't have evidence that the 2 City of Fort Collins specifically did racist whatevers to the Perez family; that's not what you were 3 referring to? 4 MR. CULLERS: Well,what I meant was that there was no evidence that the City itself, like the 5 City of Fort Collins,made the Perez family cause difficulties,like permitting the restaurant, or 6 inspections, and that kind of thing. There was no evidence in the historic survey that that actually 7 happened to the Perez family, and that's the point I was making. 8 COMMISSIONER M. DUNN: Okay, good, that's helpful. Thank you. I think that's all the 9 questions I had for you. And I just want to make a comment there that when we're talking about the 10 institutionalized racism, Jeff mentioned it was probably the City of Fort Collins;we don't know that. As 11 he said,we don't have evidence that it was the City of Fort Collins, so it could have been other forms of 12 racism that was taking place in Fort Collins that the survey report is referring to. 13 My next question I think is for Brad, although,maybe someone else could answer this also. But, 14 just based on what Jeff said multiple times in his presentation,you know,by his own admission,he really 15 doesn't know much about Fort Collins history, and it just dawned on me,this survey really was written 16 kind of presupposing that people have a basic understanding of our city history. And we do have multiple 17 contexts that have been written about Hispanic history in the city of Fort Collins and the surrounding 18 area. I'm just wondering, should we...would it make more sense, I mean, I just feel like there's this huge 19 block of information that's missing in what we're looking at, and we've got this survey that's resting on 20 top of it,but not everybody has that block of information underneath. I've read the contexts so I have that 21 block, but not everybody does. I'm wondering if it's possible to table this meeting with the specific 22 request that we would ask for that information to be added to our packet and that it would be given to the 23 appellant so that they kind of have a better sense of our local history,because otherwise I feel like we're 24 talking apples to oranges here. 25 MR. YATABE: Well, I will first say that Mr. Cullers, as an attorney and advocate, he is not a fact 26 witness here. He's making arguments based on the information. So,whether he has a background or 27 familiarity with the history of Fort Collins or not,I'm not particularly sure how relevant that is. I do think 28 that the Commission does have the ability...this is a de novo hearing, albeit it is an appeal of the staff 29 decision,this is a matter that is before the Commission for your...ultimately you to make a decision on 30 the information that you receive. So,to the extent you want more information,I think it's within your 31 power to continue this,but I will also say, and I'll say this for the Commission as a whole, so...all of the 32 Commissioners,you need to be operating off of a common record of knowledge. So, if you are making a 33 decision based on information,that needs to be in the record. So,to the extent you want...you think 34 there's information out there that will provide some more information for everyone to make...have a 35 common basis...also it's a common basis so the appellants can understand that information and 36 potentially rebut that information, it's also a common basis of information for the members of the public 37 to understand that decision and potentially make comment to rebut it if they think something is incorrect. 38 So,that...what you're saying is a vital aspect of this, so,to the extent somebody on the Commission has 39 some information, and of course you as Commissioners have a lot of historical information about this 40 city, it has to be information that everybody can see in the record and understand,because if that your 41 basis for your decision, everybody needs to be able to not only understand that,but to potentially test that 42 information if need be by bringing in opposing information,or however that might be tested. 43 MS. MAREN BZDEK: I'd also like to speak to the question of evidence in terms of the historic 44 record and our general procedure on...in that regard in terms of our reliance upon historic survey reports 21 Packet Pg. 152 ITEM 6,ATTACHMENT 6 1 for these determinations. One of the requirements that we have for our contractors who provide these 2 professional assessments for us...and this is something that we check for the methodological standpoint 3 when we receive the surveys as staff, is that they provide the sources of information for the basis 4 of...essentially the evidence for the claims that they provide in those survey forms. And so they're 5 relying on both primary and secondary sources of information,their original research as well as other 6 histories that have been written by other historians. And so,in this case,we have several, as you 7 mentioned council member Dunn, related to the Hispanic history of Fort Collins that are cited in the 8 survey report, and you can find that in particular on packet page 259 in section thirty-six, sources of 9 information. And so,that presumption there is that...that is the...essentially the background context in 10 which some of those claims can be made. And if you have any particular questions about how the 11 contractor used that information in order to formulate their argument for significance,you can certainly 12 direct that directly to Mr. Simmons. 13 COMMISSIONER M. DUNN: I don't know that I have any questions on that,but I would...1 14 haven't met Mr. Simmons,but I would just say, I would recommend that when you write this,you write 15 with the assumption that people don't know that base information. So, as much as needed,maybe,you 16 know, quote it or something. But, I do think that this is something that we'll need to talk about as a 17 Commission and see if we...if we have the same background information. I think that's all my questions, 18 Mr. Chair. 19 CHAIR KNIERIM: Thank you. Other questions? 20 COMMISSIONER ERIC GUENTHER: Yes,Mr. Chairman, I have a question. I'm not sure if 1 21 should direct this to Brad or to Jim, Jim touched on it at the top of the conversation. But, can you clarify 22 process? There have been several references this evening to the Historic Commission designating this 23 property historic. My understanding is, our role tonight is to decide whether its eligible or not eligible. 24 What happens after that? For example, if we decide that the property is eligible,I understand the 25 appellants can then proceed to appeal to City Council. If we decide that its not eligible,what are the 26 implications? 27 MR. YATABE: Well, I think...and Jim,you can help me out as you see fit,but the...I think the 28 important thing to remember is that this is related to a potential review process under the Land Use Code. 29 So, if this were strictly speaking under the City Code,the Municipal Code under chapter 14 as an 30 eligibility issue,the effect on this property is...well,I won't say that it's negligible,there is something to 31 that eligibility determination. It really has a role in the development review process,because there are 32 Land Use Code standards stating that if something is eligible,then you have to make efforts to essentially 33 preserve that property, or show some kind of reuse of it. So,that's the tie in to the Land Use Code and 34 the importance...and essentially the tie in to Cane's interest in the property, or it could be anyone else 35 who wants to develop the property. 36 With regards to the eligibility determination, and just to clarify, that is different that a landmark 37 designation...if something is eligible,the landmark designation is an involved process beyond that to 38 make that a landmark. A finding of eligibility does not establish this as a landmark, it merely says it is 39 eligible to go into that process if someone were to initiate it. So, in terms of your decision, if the 40 Commission is to find that this is not an eligible property, or if the Commission finds that it is an eligible 41 property, there is the possibility to appeal that decision to City Council...in whatever decision you make. 42 Does that answer your questions? 43 COMMISSIONER GUENTHER: Yes,it does,I believe so. I do have one follow-up question for 44 Jim, and I think you also referenced something earlier relative to the condition of the property having an 22 Packet Pg. 153 ITEM 6,ATTACHMENT 6 1 effect on whether or not its eligible. So, if for example,we find as a Commission, find the property 2 eligible for historic designation, and nothing moves forward, and it sits vacant for two,three, five years, 3 and it floods, and it goes into a condition of deterioration,what are the implications there? 4 MR. BERTOLINI: If I understand your question correctly,you're referring to the discussion of 5 historic integrity? 6 COMMISSIONER GUENTHER: Well, I believe historic integrity,but also just the physical 7 condition of the property. If, for example, whether its eligible for designation or its ultimately designated, 8 but nothing happens,no new business goes in there, clearly there's not likely to be a restaurant going in 9 there, and so it just sits, unmaintained, and deteriorates over the course of time, and whether its,you 10 know, weather conditions, or a fire, or anything that happens that substantially impacts the integrity of 11 that building, what happens then? Are the current owners then in a position where they could go ahead 12 and sell it without any involvement from the Commission or the Council, or what would be the 13 implications of a situation like that? 14 MR. BERTOLINI: In particular with the finding of eligibility, so assuming it's found eligible, 15 the...that finding is really neutral in terms of ownership; it's really focused on the property. And the 16 hope, of course, is that designation would follow that fording because there are financial incentives that 17 can support and offset any historic preservation costs...there's things like the Colorado Historic Tax 18 Credit, our own micro loans,the zero interest landmark rehab loans. So the intention there is to leverage 19 those resources in order to maintain that property and ideally support rehabilitation for continuation of 20 Pobre Pancho's, a new tenant...that's the other thing about the rehabilitation standards that would apply 21 is that they are kind of occupancy neutral to a point, and really just intended to allow for the change and 22 turnover with certain features not changing that are considered critical to the historic character of the 23 property. So, the intention is not that a property would sort of sit vacant and deteriorate in condition, in 24 part because of...we'd be encouraging any owner to leverage those resources with a formal designation. 25 And furthermore, we do have, you know, demolition by neglect ordinance that can sometimes apply to 26 certain properties. So, does that answer your question? I'm not sure if I... 27 COMMISSIONER GUENTHER: I believe so. I've got a practical mindset and lots of experience 28 with this type of thing, and so I'm just curious...and again,we can go through the process, there will be 29 more questions, but relative to realistically,what's the future of this property? And clearly,we don't 30 know, it all contingent on some of the decisions that we make, or that other groups within the City 31 government make as we move forward. 32 MR. BERTOLINI: I guess I would note,just as an additional point within that realm, is that's 33 the...some of that may be covered by the Land Use Code's modification of standards...that is intended to 34 address certain things, certain aspects of hardship that may make a particular property hard to redevelop 35 in certain ways. There's specific criteria outlined in Land Use Code 2.8 about what can qualify for a 36 modification of standards,but that's intended to be a release valve for certain kinds of situations that 37 might be considered an unfair hardship on the property. 38 COMMISSIONER GUENTHER: Got it,thank you. 39 MS. BZDEK: If I could just add one more addition to that,which is the question of how any of 40 these scenarios that you described,Mr. Guenther,might potentially impact the eligibility in the future. 41 So, let's just say that you uphold the determination...or you make a determination that the property is 42 eligible,that determination stands for five years,but our Code does allow for reevaluation if there are 23 Packet Pg. 154 ITEM 6,ATTACHMENT 6 1 significantly changed circumstances that would warrant that reevaluation, so that's just another 2 consideration. 3 COMMISSIONER MARGO CARLOCK: Mr. Chairman, I have a question. 4 CHAIR KNIERIM: Yes, go ahead. 5 COMMISSIONER CARLOCK: And this would be for Jim and possibly Brad. On the staff 6 presentation, there's a slide that says `outcomes,' and I guess I'm following up on Eric's question,just to 7 clarify. I know that we are not designating, or are not being asked to designate as a historic landmark,we 8 are only considering whether it is considered eligible for historic landmark. But, on that slide that talked 9 about outcomes, it says, if determined eligible, does not require formal designation; however, it does 10 require preservation and adaptive reuse of historic resources for development applications subject to Land 11 Use Code. So, in effect, they would be subject to the same restrictions on being able to change the 12 outside of the building or the surrounding grounds,is that correct? 13 MR. BERTOLINI: That is correct...it helps to use your item number four from your agenda this 14 evening, the Balfour Senior Living Center...that's exactly the same Code section that they're subject to, 15 because they started out with a historic survey,determined that farm complex eligible, and so the Code 16 citation that you should be seeing on your screen here,that 3.4.7(D)regarding treatment of historic 17 resources on a development site,that same process would apply. So,yes,the standards for rehabilitation 18 would apply to the building. We do...as has been done in the past,you do have some flexibility about the 19 site itself, and infill and densification...we do try to allow for that where the zoning would call for that. 20 But the expectation is that the historic resource be retained and treated like a landmark. 21 COMMISSIONER CARLOCK: But that would also then, obviously,precluded demolition and 22 something else going up on that site? 23 MR. BERTOLINI: Correct, correct...and the only exception to that, again, is if the applicant can 24 make a case for a modification of standards. 25 MS. BZDEK: Another important distinction there is that a landmarked property...the Historic 26 Preservation Commission is the decision-maker. So,the design review process is administered by you or 27 staff through your designation and you ultimately are applying the standards,whereas in the scenario in 28 which a property is held to those standards under the Land Use Code,you're making a recommendation 29 to the decision-maker, and those decisions are usually made in combination with a more complex set of 30 factors that are involved in redevelopment. So,it's just...it's a procedural difference, essentially, and it's 31 also a difference in terms of the Commission's role in the process. 32 COMMISSIONER CARLOCK: Okay,thank you. 33 CHAIR KNIERIM: Other questions before we move to discussion? 34 COMMISSIONER ANNE NELSEN: I can jump in. This may be for Maren or Jim...I think that 35 it might be worthwhile, especially at 10:13 PM,to have a bit of a refresher on the events and trends 36 significance. We, generally speaking, I think the bulk of what we see tends to be significant for design or 37 construction, and I think there's sort of this preconceived notion that a building is important if it is 38 significant under design and construction, but events and trends is a bit more nuanced, and I don't know if 39 concrete examples would help, or...maybe just elaborating on what it means to be significant in that 40 aspect. 24 Packet Pg. 155 ITEM 6,ATTACHMENT 6 1 MR. BERTOLINI: Certainly. Yeah, and so the standard, standard one for events and trends, 2 again, this is based on the National Register of Historic Places, and that's why you'll hear staff frequently 3 reference National Parks Service guidance, since we're trying to adapt their playbook for our use here in 4 Fort Collins for a city landmark program. So,the events and trends is really intended to be fairly broadly 5 applied to any significant historical trend, it might be a specific event...trends are more broad but still 6 need to be demonstrated as significant. And so,that could mean,in this case,you know,the development 7 of a Hispanic-owned business, if there's documentation to support that that was significant,that was rare, 8 especially in the context of what we already have documented in the survey form, and then as well in the 9 Hang Your Wagon to a Star historic context related to Hispanic history here in Fort Collins,which is 10 cited in that same survey form. So, the intent is to recognize significant events or significant places 11 within a broader trend; that might include the establishment of Hispanic businesses in the mid-20tn 12 century in Fort Collins. 13 In terms of how we determine something eligible in that case, if you've made that case for 14 significance, and you've got that established and documented,this is where that relationship to historic 15 preservation comes in that is place-based...that's really the fundamental aspect of historic preservation is 16 that we are grounding history of some kind in a place, and we are trying to preserve a physical 17 manifestation of that, and that's where the measurement of historic integrity comes in. 18 So,the nuance in particular that comes in with a standard one, events and trends, significance, is 19 that we're really...we're not expecting to see a building look as it did...or site for that matter since we 20 don't just preserve buildings...it's not as important for it to look like it did originally,when it was first 21 built, because we may not care about its original construction. What we care about is the story that we've 22 determined is significant. And so,what we want to measure in that case is, does this property still reflect 23 that story,that trend,that specific event. You know, common way we typically explain this to folks is, if 24 you took a person from that important historic period,maybe someone who worked there, or in this case, 25 the owner of the restaurant, could you bring them forward in time, look at the building today,would they 26 still recognize it. That's kind of the non jargon-y way of explaining that. So, that's kind of the basic way 27 we apply standard one. So,the main difference is that we're usually measuring a period of time,we're 28 expecting to see some evolution, and that effects how we measure things like integrity. But,we still are 29 looking for physical connections,physical features that connect to the story that makes that place 30 important. Does that answer your question? 31 COMMISSIONER NELSEN: Yes, I think so,thank you. 32 CHAIR KNIERIM: Jim,would you put up slide seven so we can kind of see what we're talking 33 about for significance and integrity? 34 MR. BERTOLINI: Sure, absolutely. 35 CHAIR KNIERIM: Because we're looking at this as a package, right? That we have significance 36 of events and trends, and also persons and groups,right? As that story,right? And this is certainly a 37 story that has been under-told in Fort Collins,and you know, I'll put myself out there. I think that this 38 should retain its eligibility because it tells a story that has historically been under-told in Fort Collins. 39 And that,you know, I'd like to see that change. 40 MR. YATABE: Mr. Chair, before we...this is sort of becoming a mix of discussion and 41 questions. I did want...I think it would be a good idea to provide the appellant an opportunity to rebut 42 any of the public testimony or to, if they want to provide a brief closing,before you move into discussion. 43 But I just want to see if...if Commissioners have questions that are not leading into discussion,but 25 Packet Pg. 156 ITEM 6,ATTACHMENT 6 1 they're just trying to clarify fact, information, and other things...you may want to see if there's more of 2 that and we can get that done, or if there's procedural aspects,before launching into more discussion,but 3 also giving the appellant an opportunity to respond if they so choose. 4 CHAIR KNIERIM: Thank you. Yeah, so other questions from Commissioners? We've had good 5 questions, and would the appellant like to respond to any? 6 COMMISSIONER GUENTHER: I have one question while they're deciding that. And hopefully 7 this will be my last question,but if the property ultimately is designated as a historic property, are there 8 any restrictions to the type of business that could go in there? Again,based on some of the conversation, 9 highly unlikely that a restaurant is going in there or that the previous restaurant would reopen, so what are 10 the implications if a liquor store, or a dispensary, or a variety of other businesses are the only types of 11 entrepreneurs that would go ahead and lease the property from the current owners or buy it? 12 MR. YATABE: I'll let Jim also chime in, but I guess my take on this is...well, one,I think we 13 have to...are you asking about, if it's actually designated as opposed to being just an eligibility 14 determination? 15 COMMISSIONER GUENTHER: I guess either way; I'm not certain I would understand the 16 difference...whether it's eligible or ultimately designated, are there any restrictions on the type of 17 business that would be allowed to go in there? 18 MR. YATABE: I don't think we view the use so much as the preservation of the structure and the 19 historical context. And, Jim, feel free to correct me if you think differently,but what is conducted on the 20 interior as the business and the use of that is not necessarily affecting the historical aspects of those, and 1 21 mean, really,we look at the exterior of that building and changes, and identify the character-defining 22 aspects of that. So, generally speaking, it is not the particular use that may go in,but it's the proposed 23 alterations to that exterior of the building and potentially other features of that that are character-defining. 24 COMMISSIONER GUENTHER: I guess my concern though is,ultimately,what we're 25 trying...or ultimately will get around to, is preserving the historic legacy, the influence, the trends...that's 26 the idea behind this conversation. To me, it's less about the building and more about the influence, and if 27 the building is replaced by something that is much different than a restaurant, and there are a hundred 28 different businesses that could be out there, I mentioned,you know, dispensary or liquor store,but will 29 that preserve this...you know, this legacy and recognize the influence that that structure had? Because, 30 frankly, to me, its not the structure that has the influence, it's what happened within that structure over the 31 course of fifty years, and as business people,the applicants will, if they're not allowed to sell to Cane's, 32 they will have to either try to sell the business to someone who recognizes the implications of the historic 33 context, or they will have to lease to someone who can put a business in there. And so, it's a broad 34 question, I recognize that,but if our objective is to preserve that historic legacy and the trends that were 35 influenced over fifty years, I think whoever goes in there ultimately has a big impact on that. So,I'm not 36 sure if there's a question in there, or if that was just a statement,but that's kind of where my thoughts are 37 at the moment,trying to, again, be practical and recognize what the future of this structure would look 38 like. 39 MR. YATABE: And, I'd invite Jim or Maren to chime in,but my understating is there are not 40 only eligible...eligible properties,but also landmark designated properties that have different uses than 41 they were originally used for. But again, it's the alterations to the property...not the particular use of that, 42 but it's the alterations to that property that a business moving in there may suggest that, in particular for a 26 Packet Pg. 157 ITEM 6,ATTACHMENT 6 1 designated property that's under your purview,to review as to whether that is altering...fundamentally 2 making alterations to the historic nature...the character and the context of that property. 3 MR. BERTOLINI: And just to add one piece to that, about the only time that the rehabilitation 4 standards...so,you'll note if you go back to the rehabilitation standards, standard one refers to use...that a 5 historic property will be used as it was historically, or for a compatible new use,which is usually what 6 happens. But the only time where there's a conflict there is under existing building code...if there's a 7 code compliance issue with a certain type of occupancy that would require damaging or removing a 8 character-defining feature. That's about the only time that we might not recommend a certain type of 9 occupancy for that building, if it is going to require destruction of some character-defining feature. But, 10 those kinds of conflicts, I'd say, are relatively rare, especially in the context of a local preservation 11 program where we don't regulate interiors for historic character,we strictly regulate the interior. So, it 12 does happen, but it's fairly rare that that would occur. 13 COMMISSIONER GUENTHER: Thank you. 14 COMMISSIONER NELSEN: So, I think...sorry to jump in again...but, actually, no I'm not 15 sorry, that's why we're here...I rescind my apology. I think...so,I'd like to hear from staff, and then 1 16 think the appellant certainly has the right to respond to it,but I guess this goes back to what I was asking 17 before about the link between the significance and integrity, and when we're talking about...we've heard 18 a lot tonight, and thank you all,really,truly, thank you all for coming and participating in this discourse, 19 wherever you stand, it's important civic discussion. In any case, so...we're talking about something that 20 is representative...a building that is representative of some pretty significant meaning,right? But, it...1 21 think it's very important for everyone to be super clear about the connection, or the disconnection, 22 between place and events, because we're not looking at it for its fenestration pattern,we're looking at it 23 because it is a place where things happened. So,maybe I'm not being super clear,but...Maren is nodding 24 her head, so...I would love to hear a little bit more focus on that,because I think that that is the crux of 25 the issue,right? There are people who see the importance of the stories,maybe,but maybe not the 26 building, and then there are the people who recognize that the building itself is important. So, as staff 27 who put together the staff report, I'd like to hear what you have to say, and I'd also like to hear what the 28 appellants have to say as well. 29 MS. BZDEK: If I could just make a general comment about that, and then if Jim wants to speak 30 to that specifically...I think what I hear you asking about is what we think of as a continuum of 31 opportunities for storytelling and maintaining history through specific places. And so,you know, at one 32 end of that continuum is a place where the use hasn't changed and essentially,whether it's architectural 33 significance or historical significance,those are still associated with the contemporary use,right? So, it's 34 unbroken in that respect. But then, at the other end of that is the ability to continue to tell stories 35 about...through a place...through the preservation of a place, even when those stories have terminated, 36 essentially. And so, you know, in the case where a building is being preserved,but the use has changed, 37 there are ways to sort of,you know,not just through storytelling at that place, through signage, or 38 preservation of certain important elements that evoke that past,there are also kind of more subtle 39 opportunities for people to remember what occurred there just because the building continues. And so, all 40 of that can be true, and there's lots of different opportunities to share those stories. In the absence of 41 buildings, we...that's also part of that continuum. We can mark places where important things...and 42 that's at the very opposite end of that continuum. We can still tell those stories even when the buildings 43 are gone, but the ability to do that, of course, is lost the more that we lose,you know, of that physical 44 representation of what was there. It is more challenging in the context of sites that are deemed significant 45 because of their history and not so much because of their architecture, and I think we've acknowledged 27 Packet Pg. 158 ITEM 6,ATTACHMENT 6 1 some of the reasons why that's the case, but there's very good reasons why we recognize those criteria, 2 and it's because, quite frankly, architecture is only one component of what makes,you know...what leads 3 to importance in historic preservation, or in our histories in general. 4 COMMISSIONER CARLOCK: Mr. Chairman, I have another question. 5 CHAIR KNIERIM: Yes,please. 6 COMMISSIONER CARLOCK: And, I'd like to direct this to the Perez family. I'm curious as 7 to...and thank you all, again, for being here, and not just the Perez family by relationship,but by the 8 customers,the Pancho's family. I've been very struck by the heartfelt reminiscences of your father, and 9 of your husband, and of the struggles, and how important this restaurant was. It wasn't just a restaurant; 10 it was indeed a community place. So, I'm very struck by that, and thank you all for opening my eyes to 11 that. How best do you feel your...that Frank Perez's memory and,more importantly the story that he was 12 a part of, could be preserved and even perhaps better clarified through this building, or...how would you 13 like to see this memorialized? I mean, if it's...I'm struck by what Eric said, if some other business comes 14 up, and it has nothing to do with a restaurant, it has nothing to do with the Mexican...or I'm sorry,the 15 Hispanic heritage. How would you see that? Just the fact that that building exists to be able to resonate 16 those stories with the community, or would perhaps another form of memorial, including perhaps the 17 salvaging of the windows and some of the previous things that were in it, in some sort of a museum 18 exhibit...a permanent exhibit that explained the story of the Hispanic struggles in the business 19 community? I'm just...I'm trying...I understand what...the importance of the story, and I want to see 20 that story continue. I'm just looking at perhaps what might be the best way, and I was hoping you might 21 have some ideas. 22 MS. BIRD: Actually, I do. I think moving, like,you know...sorry, I forgot your name,but 23 saying that, you know, it could be a street sign or something like that...I think that takes away the 24 significance of being the cornerstone business, a Latino-owned business, on the north end of town. I 25 think it takes away that impact that had and that resonating part of that story. My dad always believed in 26 helping other people, not only the people around him,but the community. They made mention of some 27 preserve...or something...some funds being able to be used...why not use this to help families? Why not 28 use this as an education center? Why not use this as something positive in our community,to carry on 29 that you can make it,you can do it, it doesn't matter. It's kind of been rolling around in my head, what 30 would he want? He would want that building to be used for something that could impact the community. 31 I don't know if that's possible. I don't know,you know,how that would work,but I thought...and I think 32 he would want something like that, and I think that would preserve his story,that could be able to be 33 shared, you know, something in there to talk about,you know,this is here because of this individual. 34 There's help here because of this, or something to that extent. Like I said,I don't know how it would 35 work; it's a great idea...love to help do it. I am not an individual who just talks; I'm an individual who 36 does. If it's able to be turned into something like that,I will do like my dad and work until its done. 37 Those are just my ideas; I don't know...I guess we're all in consensus. Does that answer your question? 38 COMMISSIONER CARLOCK: Yes,it does,thank you very much. 39 CHAIR KNIERIM: Any other questions? Opportunity for rebuttal. 40 MR. CULLERS: Thank you, Commissioners. I do have some points to make on rebuttal. 1 41 would note that if the Commissioners decide it is eligible for...as a landmark,that really puts H&H 42 Properties in an awful situation because there's no...as I explained earlier, since it's not actually 43 designated as a landmark, we can't unlock any funds to help preserve the property; it's going to be at H& 28 Packet Pg. 159 ITEM 6,ATTACHMENT 6 1 H Properties expense to preserve it and H&H Properties is not going really have an incentive to go an 2 unlock those funds and say,hey,please designate this as a historic landmark,because then the five year 3 time period goes away and it becomes forever. So,it's a really untenable position to put...or, I wouldn't 4 say untenable, but it's very burdensome position to put the property owner in to live with this historical 5 eligibility determination. 6 We've heard a lot about the way the restaurant shut down...obviously the Perez family is 7 unhappy about that. That's not relevant to deciding whether it's eligible. And I did provide an example 8 of a building that's eligible with something historic, and that was the pub in England. I don't think 1 9 agree with Mr. Bertolini's thoughts on what integrity means, and he basically said,well, if you took 10 somebody,you know,that has personal experience with the restaurant, and you put them in the building 11 the way it is today, would they...you know, would they recognize it. And, I mean the answer to that is...l 12 mean...I think that wrongly focuses on the experiences of individual people,their memories with the 13 restaurant. The focus would be...if you brought somebody that had nothing...I think the right question is, 14 if you brought somebody that had nothing to do with the restaurant into the building, and they saw the 15 association,that's the right question,because that's who's going to be going through this restaurant in 16 fifty years, or through the building in fifty years. It's not going to be people that have experience with the 17 restaurant; it's going to be people that have no experience with the restaurant. So, the question is, is that 18 person going to pick up on the association with the historic trends, and I think the answer to that is 19 probably no. 20 The idea that the story is under-told,I don't know that that is relevant to deciding whether it's 21 eligible. And, is it really that rare that a Mexican restaurant survived for fifty years? I mean, there's 22 another restaurant in town that survived for even longer. I'd also note that the...the thought of preserving 23 a building as a monument to its prior use is maybe not a good policy,because it's going to discourage 24 people from...like the Haun's, from doing exactly what they did. And I believe them,that they bought 25 this restaurant,they put over a hundred thousand dollars into the restaurant to make it survive, and it just 26 didn't work. So, now,they can't get out from under it. And I think that's a significant policy concern 27 that the Commissioners should be aware of. I mean, if the next person wants to go in and buy a building, 28 and keep the long-standing business in that going, and they fail...I mean now we're saddling them with 29 that building as...because it's eligible for historic landmark designation. 30 I'd also note that nobody from the Perez family has actually approached the Haun's and asked 31 them about doing what they want,which is,they want their restaurant back. And the Perez family...why 32 haven't they approached the Haun's and say,hey, let's find a better way...a different location to make the 33 restaurant work. And I don't think...I didn't hear any effort by the Perez's to do that, and there's nothing 34 stopping them from doing that. If that's what they want,there's nothing stopping them. Let's let them 35 have that conversation with the Hann's...they haven't tried to do that. 36 The next point I want to make is...the building is...let's face it,the building is not going to be an 37 impressive monument to anything, okay? The building is an empty, generic shell. If we want to make a 38 monument to the historical trends, maybe...can't we do something better than preserving this empty shell 39 forever? That's...in my mind,that's almost a little insulting,that's we're going to preserve the Perez 40 family restaurant, and they were in this historic shell,but surely there's a better way we can do that. If the 41 Commission decides that it is eligible,then we're going down the road to preserving some aspect of that 42 shell forever, and it's not a very impressive shell. And this brings me to my other point,I mean, I was 43 really disappointed that Ms. Bird had no other ideas on how to honor the legacy that don't include 44 preserving the shell. She wants to maybe turn it into a museum,or a...I don't know, a non-profit or 45 something, but that's not...the Commission cannot force the owners to do that; the Commission has no 29 Packet Pg. 160 ITEM 6,ATTACHMENT 6 1 control over what it's going to become. I mean,maybe it will become that,but probably not. I mean the 2 building...this kind of goes back to my other point,that the building is a generic shell of really no 3 economic, or minimal economic value. It's just not in the Commissioners' power to turn that building 4 into something that's actually a homage to the historic values. So,thank you very much;that concludes 5 my rebuttal. 6 CHAIR KNIERIM: Thank you. At this point,we will have some discussion and then see where 7 we go from there. 8 COMMISSIONER M. DUNN: Kurt...I want to respond to one of Eric's questions earlier. 9 There's a building downtown that was originally built to be a bank. Later,while the bank was still there, 10 it became a hotel, now it's Nature's Own. So,talk about change of uses;there's been some significant 11 ones for that building. And yet, if someone were to go and walk up to that building,they can...I mean 12 other than the word `bank' at the top...it doesn't say hotel anywhere,but bank is up there,but there's also 13 features on the building that kind of speak to its history, and the key is,they make people ask questions, 14 and then people do what Ashley did which is go to Google and figure it out...and dig up that history. 15 And so...so that's just an example of change of use doesn't mean we've lost the history. The history can 16 retain...can remain in the building even if there's something else entirely going on in there. So,that was 17 just to that piece. 18 I also wanted to address...and now I've forgotten his name...Jeff, I think it was,the lawyer? He 19 brought up some issues on architecture, and I just want to help us get past this because I think Anne 20 helped us do this,but I just want to say it again,his point was,it doesn't look Mexican enough, 21 essentially,to be a landmark for what we want to landmark it for. And,I just feel like that's like saying 22 Stonewall Inn doesn't look gay enough to be landmarked for an event that took place inside of it. The 23 event inside doesn't necessarily match the architecture outside, and if we're looking at events,then 24 architecture is kind of a moot point except when it comes to,is there enough integrity to undergird that 25 significance. So, I really think the architecture is not something that we're looking at in this. 26 He also made a really, really fantastic point that he brought up again in his rebuttal,but 27 landmarking is not just for us, it's for our kids and it's for our grandkids. And I tell you what, I cannot 28 even...there's so many people that are new to Fort Collins, and I'll mention something, and they're like, 29 what? That was here? And they don't have any clue about it because the building related to it was 30 demolished. And so, having a building, a structure remaining, even if its just the shell and something else 31 entirely different is going inside, gets people saying,why is this shell here? What's it doing here? 32 What's going on? What's the point? They do what Ashley did, they pull out Google,they've just learned 33 some really important local history. So,having that physical artifact still with us is a critical part of what 34 historic preservation is,because if it's...if there's nothing physical,you might find it in a book,but how 35 many people pick up books these days? You might find it in a movie,but how many movies do we have 36 about local Fort Collins history? Really,these local buildings,these local places,these local sites are 37 what get people thinking about this stuff. Why is that there? What's going on with that? 38 Why...like...having a different use could be the very reason why somebody asks that question. So 1 39 think that's an important understanding of why we landmark properties, not that we're even talking about 40 landmarking this one, but that's what we're looking at when we're looking for eligibility. 41 And then, I just want to say, I think this building is significant for a couple of reasons,maybe 42 more than a couple. One is,there's this Mexican American family that is making...at the time,they 43 would be calling it ethnic food, and I know my grandpa, he wouldn't even go to Taco Bell,because that 44 food was so different, and yet here, we've got a restaurant that became beloved by the entire community. 30 Packet Pg. 161 ITEM 6,ATTACHMENT 6 1 And I think that shows a change in our community that's something we would want to capture and 2 acknowledge, and that's important. And so, I think that's an event or a pattern that took place right here 3 in Fort Collins that we would want to remember. I'm also really intrigued by what Mary said about they 4 were some of the first folks going north. It really seems to me, and perhaps we need to do more research 5 on this,they could be the very reason why north of the Poudre became such a strong Hispanic cultural 6 community. They could have been the ones leading that,in which case, as Monica said,this really,then, 7 is a cornerstone building for that change. And that's something...one of the letters of...it was actually 8 against supporting this eligibility, said why don't you just move the building? And yet the location of this 9 building is a key part of the story that it's telling. And so, I would say that that pattern of development is 10 embodied in the location of where that building is, and it can be kind of verified by the number of 11 Hispanic shops, not just restaurants, but all kinds of things,that are now north of College, and that was 12 such an important part of our local history. 13 And I also really feel like this building is significant for the people that it's associated with, and 14 that's the entire...four generations of the Perez family. I think we want to acknowledge buildings that are 15 associated with important people in our community, and I think...Aaron...what was his name...alright, 16 there was a fellow that got up and spoke...Aaron was in his name somewhere, and he just talked about the 17 community that was there, and the importance that that had on his family, and that's all because of the 18 Perez's; it's not because of the building,but that's the place that embodied their sense of what Fort 19 Collins is, and their family's involvement in it, and it's all due to the Perez family and how they treated 20 people, and that's the kind of thing we really want to acknowledge with buildings that we find eligible. 21 So,that's all I had to say Mr. Chair. 22 CHAIR KNIERIM: Thank you, Meg. And I agree with that, except I think that the building 23 itself,you know...we've talked about how plain it is, and I think that is significant because it was difficult 24 in late 1960's for the Hispanic population to get loans,to get...you know, if it was a fancy building, that 25 would tell a different story. But,this tells a significant story of working hard and getting the loan, and 26 yeah, it's not an impressive building, but look what happened with it. And that tells a story,you know, 27 when someone sees that building and says, oh,that's a plain little building,that tells a story, right. So, I 28 agree with what you said,but I also think that the building...the plainness of the building is significant in 29 itself. 30 COMMISSIONER GUENTHER: I appreciate that,Kurt, and Meg,I appreciate your comments 31 as well. Again, I mentioned earlier, I'm very practical when it comes to a decision like this. And while 32 the intent of what we're discussing is noble,honorable, and a lot of the comments that we heard this 33 evening are heart wrenching, if nothing else,but I think we, as a Commission, have to look for practical, 34 reasonable, and balanced, and frankly cost-efficient opportunities,not just for this particular situation,but 35 in the future, so that having a historic designation on your business or on your home is an aspirational, 36 inspirational thing,that you want that. I suspect,and don't mean to speak on behalf of the Haun's here by 37 any means, but had they known that they wouldn't be able to sell this building if their original intent to 38 keep the restaurant open, if they didn't know that they would be able to sell it or lease it,make 39 modifications to it, I suspect they never would have invested in trying to make this business go. And so, 40 whether it's this particular situation, or looking at the precedent, looking at the example that it sets for, 41 again, either commercial or residential,business or homeowners, it's far-reaching, it goes beyond just this 42 specific decision that we're making right now. 43 CHAIR KNIERIM: But at the same time,we're limited by the structures that...the parameters by 44 which we need to make a decision. We can't go beyond that...we can't...we're not in the business of 45 writing code,we're not the legislative branch...we have police power. 31 Packet Pg. 162 ITEM 6,ATTACHMENT 6 1 COMMISSIONER NELSEN: We have what power? I have a lot of thoughts. I think,Meg,I so 2 appreciate what you said. And I will say, Eric, I'm not sure that...it's hard to just look at the case,the 3 issue at hand, within the framework, sometimes the very narrow framework, that we're allowed to by 4 code. 5 Some of us were at a presentation earlier this year about documenting slave houses...I think, 6 yeah, a few of us were...which is an extreme example,but it's something that certainly at the time was not 7 seen as architecturally significant. It is not high style,but it absolutely tells a story, and it is essential to 8 our nation's history at this point that those are preserved. There's very little economic value in those...1 9 think the land is probably valuable,but, especially...say, like, at their fifty-year mark,they were probably 10 not seen as something that was really worth preserving. So I think it's easy to discount the near past, and 11 1 don't want to boil all of this down to issues of just racism,right,because what I heard tonight was so 12 much more than institutional and overt racism. But, at the same time,there were significant challenges, 13 and I would love to think that those challenges could be seen as something that we're so far past in a few 14 generations, but it's certainly very fresh right now. And I think that building represents it, in addition to 15 the work that your family has done to build a community. Meg,I thought you did an excellent job of 16 lauding the other aspects of the significance to this particular community. So,I think this is absolutely 17 eligible,this is what this is about,the events and trends, and the link to the building and its location. It's a 18 landmark, and not in the technical sense, a codified way,but people are giving directions based on the 19 building; we heard that from many people. So, outside of the kind of more significant urban 20 development...that's a fascinating link, and I would like to know more...it currently serves as a 21 wayfinding. So,we could extrapolate that into a beautiful story,but it's...I was very touched by what 1 22 heard tonight, and I think it's fairly clear to me that...obviously the events and trends are well- 23 documented, and if we're asked to evaluate the integrity of the building and its significance, then 24 absolutely it should be eligible as a city landmark for everything that we've heard tonight. 25 CHAIR KNIERIM: Thank you. Other thoughts, Commissioners? 26 COMMISSIONER CARLOCK: Mr. Chair? 27 CHAIR KNIERIM: Yes? 28 COMMISSIONER CARLOCK: I'm really torn. I agree that it has significant significance, if I 29 can say that. But, I also am mindful of the realities, as Eric pointed out,that the decision we make is 30 going to affect a piece of an asset that someone holds that will now not be worth as much as it would have 31 been, and the difficulties in trying to then find a use for it. And,I wonder how the...how this story will 32 live in that building in the future. I don't have a clear picture,unless there's a fundraising effort to buy it 33 back from the Haun's and turn it into a non-profit museum,or something to that effect, or a community 34 center for aiding immigrants; I think that would be an excellent use. But,we are in effect taking away an 35 asset in a substantial part from the private owner, and that bothers me...the ramifications of what we say, 36 because it's...we're not just deciding that it's eligible,we're basically saying it is because the effect is 37 pretty much the same. I mean,there can be no changes,no demolition, no...and that concerns me. So, 38 I'm in real conflict here; I just wanted to throw that out there. 39 COMMISSIONER NELSEN: Do we know...really is it well documented to this Commission 40 that it's absolutely a depreciation of assets? I mean, first of all,Brad,we're delving into some territory 41 that feels outside of our purview,but also, I'm not sure that that was established outside of a passing 42 comment by the applicant. 32 Packet Pg. 163 ITEM 6,ATTACHMENT 6 1 MR. YATABE: I really want to focus the Commission on the decision you're making, and 1 2 understand, you know...I like to entertain some conversation about different topics,but I do...at some 3 point, I do need to focus you. And I do think you need to look at section 14-22, and it's really a question 4 of eligibility that is a question of significance and integrity. I think the other pieces that you're talking 5 about...just some of the things that have been referenced tonight in terms of the economic impact, or 6 whether there might be a better way of memorializing this, some type of alternative...those are outside of 7 this determination. Your role is fairly simple, and I understand the consternation,but this is also a 8 small...well, I won't say a small piece...this is also a piece in a larger process, and you're just being 9 asked to take on the one piece. And I agree with the Chair's statement that you are not, essentially 10 making code here, you are applying the code that Council has seen fit to adopt, and to the extent that's 11 ever changed, then your role may change, but at this point,it's pretty clear that significance and integrity 12 are what you're looking at, and that's sort of the...those are really the sandbox that you're in now. And, 13 yes, it will have ramification one way or another,but that is...that is outside of this particular examination 14 right now. And some of those are,yes, for example, if you find it to be eligible,that will affect the 15 development review process, and also if you find it not to be eligible,it will have that same effect. And 16 also, of course, your decision could be appealed,whatever that decision may be, as well, so...again,this 17 is a piece of it, and I misspoke when saying it's a small piece; it is an important piece of this,but it is a 18 very focused piece. 19 CHAIR KNIERIM: Thank you, Brad. 20 COMMISSIONER M. DUNN: Mr. Chair, I'd like to make a motion that might help us kind of 21 zero in on our conversation. Would that be okay? 22 CHAIR KNIERIM: Yes. 23 COMMISSIONER M. DUNN: Okay,I move that the Historic Preservation Commission find the 24 commercial property at 1802 N. College Avenue eligible...and when I typed it up here while I was 25 tapping here...eligible is underlined and bold. I just want to emphasize,we're talking about eligibility. 26 Alright... 1802 North College Avenue eligible, as a Fort Collins landmark, according to the standards 27 outlined in section 14-22 of the Fort Collins Municipal Code,based on the following three findings of 28 fact: number one,the Pobre Pancho's building is significant to the history of Fort Collins and the local 29 Latino community under criterion one—events, for its association with a Mexican immigrant family that 30 established a restaurant business reflecting the spread of Mexican foodways, and which also speaks to the 31 changing taste of local non-Mexican residents who came to embrace the flavors of Mexico, and also the 32 site's association with, perhaps even leading the trend,towards Mexican-American and Hispanic 33 businesses moving north along 287 north of Fort Collins beginning during the `60's and a pattern of 34 development that is still evident today. Reason number two: the Pobre Pancho's building is also 35 significant to the history of Fort Collins and the local Latinx community under criterion two—people, for 36 its association with four generations of the Perez family including, and I hopefully will get all these 37 names right,Amelia Perez, Frank Perez, Mary Perez, daughter Amelia Perez, Monica Bird, and Karolyn 38 Bird...and if I messed any of that up, feel free to...we can correct that later...who made their mark upon 39 our local history through the Mexican restaurant business; and number three,the Pobre Pancho's building 40 retains integrity and clearly conveys the functional and humble nature of the family-owned restaurant 41 while still displaying some lovingly added decorative embellishments showing the importance of the 42 building to the Perez family and the Fort Collins community that enjoyed dining in the Pobre Pancho's 43 establishment. 44 CHAIR KNIERIM: Thank you,Meg. Is there a second? 33 Packet Pg. 164 ITEM 6,ATTACHMENT 6 1 COMMISSIONER WALTER DUNN: Second. 2 CHAIR KNIERIM: Walter Dunn seconds. Discussion? Well,I certainly agree with that, and 3 it's...in terms of eligibility, in terms of our role in this whole larger process, it certainly is eligible. 1 4 agree with the motion. Seconded by Walter. 5 COMMISSIONER NELSEN: I think I sort of blurted out all of my thoughts earlier...again, l 6 apologize, but it's so late. Thank you,Meg, for your motion...I support it as well. 7 CHAIR KNIERIM: Other discussion? 8 COMMISSIONER JIM ROSE: Mr. Chairman, I guess the thought I have, and I agree with the 9 content of Meg's mega motion. The...what this says to me is,we have to tell a story. If we're going to 10 be truthful about our history, we have to have artifacts. You don't go to a museum and look at a bunch of 11 written text that just says,this is why this is important. We have to have tangible evidence. So,when you 12 do a walking tour, when you go by 306 Cherry Street now, it's not the house where the Thomas' lived, 13 it's an attorney's office, but it's a city landmark because something happened there that we can say,that's 14 where that happened. Well,this is the same thing. That building, and I agree with you Kurt, I think that 15 relative prosaic nature of the construction tells us even more about why its important. So, we have to 16 have that, we have to have...that's the place. So,when you do a walking tour of Hispanic Fort Collins 17 and it's history, that's where you go and you point to that, and you say, the Perez family was part of Fort 18 Collins at its inception when things weren't so easy, and you can tell that story,but you can't tell 19 it...there's a place in Philadelphia called Franklin Square, done by Robert Venturi,the American 20 architect, that's supposedly where Ben Franklin's house was,but it's not there. It's just a steel frame the 21 shape of the house. And the only reason the steel frame is there is because people couldn't go into there 22 and say, oh, I see,this is where Ben Franklin lived. They have to have something that frames it. Well, 23 this is even better than that. So, I think we have to do this because that's the story we want to tell. 24 CHAIR KNIERIM: Thank you. 25 COMMISSIONER M. DUNN: I've just got to say,I've been in that steel frame thing, and it 26 really lacks any sense of connection to history. You feel like you're walking through a book;you don't 27 feel like you're walking through a building. I think that's a fantastic example, Jim. 28 CHAIR KNIERIM: Other discussion? Otherwise,we'll call the question. 29 MR. YATABE: I will remind Commission members...and this goes not only for this motion,but 30 for all motions. If you are voting against a motion,I ask that you state a reason why you are voting 31 against the motion. 32 CHAIR KNIERIM: Thank you. 33 COMMISSIONER GUENTHER: Can you clarify that request, Brad? Is that a part of the regular 34 rules of order? 35 MR. YATABE: That is. I believe it's stated in the Boards and Commissions manual. 36 CHAIR KNIERIM: Hearing no more discussion,let's call for a vote. Roll call please? 34 Packet Pg. 165 ITEM 6,ATTACHMENT 6 1 MS. MATSUNAKA: Thank you,Mr. Chair. Jim Rose? 2 COMMISSIONER ROSE: Yes. 3 MS. MATSUNAKA: Eric Guenther? 4 COMMISSIONER GUENTHER: Yes. 5 MS. MATSUNAKA: Meg Dunn? 6 COMMISSIONER M. DUNN: Yes. 7 MS. MATSUNAKA: Margo Carlock? 8 COMMISSIONER CARLOCK: Yes. 9 MS. MATSUNAKA: Walter Dunn? 10 COMMISSIONER W. DUNN: Yes. 11 MS. MATSUNAKA: Anne Nelsen? 12 COMMISSIONER NELSEN: Yes. 13 MS. MATSUNAKA: Kurt Knierim? 14 CHAIR KNIERIM: Yes. 15 MS. MATSUNAKA: Mr. Chair, that's seven yes, zero no. 16 CHAIR KNIERIM: Thank you. With that,that concludes number six on our discussion agenda. 35 Packet Pg. 166 ITEM 6,ATTACHMENT 7 Jim Bertolini From: Jeff Cullers <jeff@hhlawoffice.com> Sent: Wednesday, December 7, 2022 8:20 AM To: Jim Bertolini Subject: [EXTERNAL] RE: Landmark Nomination Received - 1802 N. College Avenue Hello Jim, I will continue to assist H & H Properties concerning the potential landmarking of 1802 N. College Ave. H & H Properties does not consent to or support the nomination for landmarking. I understand that a hearing on this matter will be scheduled with the Landmark Preservation Commission. Please let me know when that is scheduled, and any deadline for H & H to submit materials in advance of the hearing.Thank you. -Jeff Jeffrey B. Cullers PARTNER, HERMS&CULLERS, LLC jeff@hhlawoffice.com 3600 South College Avenue, Suite 204 Telephone (970)498-9999 Fort Collins, Colorado 80525 Fax (970)472-5365 www.hhlawoffice.com, www.coloradodirtlaw.com This transmission may contain confidential information from the Law Office of Herms& Herrera, LLC. This information is intended solely for use by the individual or entity named above. This message may be an Attorney-Client communication, and as such is privileged and confidential. If you are not the intended recipient, please be advised that any disclosure,copying,distribution,or use of the contents of this transmission is expressly prohibited. If you have received this transmission in error, please notify us by telephone immediately so that we may arrange to retrieve the transmission. Thank you. From:Jim Bertolini<ibertolini@fcgov.com> Sent:Tuesday, November 29, 2022 6:42 PM To: Darren Haun <mail@dhaun.com>;Asher Haun <ahaun@horizonmechs.com> Cc: Maren Bzdek<mbzdek@fcgov.com> Subject: Landmark Nomination Received - 1802 N. College Avenue Darren and Asher, With H&H Properties, LLC being the owner of record for the property at 1802 North College Avenue, I am sending you notification that the City of Fort Collins has received a Non-Owner Landmark nomination application for the property(I have mailed this to H&H Properties at the address on file with the County Assessor as well).After staff review,the nomination appears complete and is being submitted by 3 residents of the City of Fort Collins. I have attached a copy of the nomination for your records. This notice is to provide you the opportunity to consent to the nomination. If you wish to do so, Municipal Code 14-33(b) provides you ten days from this notice to do so. Fort Collins Landmarks qualify for several different financial incentives to promote repair and rehabilitation, which are outlined on our website, HERE. If you could reply, either to this email or the letter sent in the mail and let me know if you do or do not support the nomination, I would appreciate it. If you do not support the nomination, here are some general notes about what that means related to process: - Under Municipal Code 14-32,there is an interim control on permit issuance while this matter is resolved.The property will be scheduled for two separate hearings before the Historic Preservation Commission.The first will consider if the property meets the City's requirements for Landmark designation. If the Commission agrees that it is,the second hearing will determine if designating the property would meet the City's policies in Municipal Code 14-1 and purposes in 14-2 in a manner and extent sufficient to justify the designation of the property. 1 Packet Pg. 167 ITEM 6,ATTACHMENT 7 If the Commission passes motions determining that the property is eligible for Landmark status and designation without the owner's consent meets the requirement outlined above, then it is forwarded to City Council for a final decision. Pending your response, we will schedule this for the first available hearing before the Historic Preservation Commission. If you have questions, please contact me at the information below. JIM BERTOLINI Senior Historic Preservation Planner Community Development&Neighborhood Services 281 North College Avenue 970-416-4250 office iberto1iniC@fcqov.com Visit our website! City of Fort Collins "The City of Fort Collins is an organization that supports equity for all, leading with race. We acknowledge the role of local government in helping create systems of oppression and racism and are committed to dismantling those same systems in pursuit of racial justice. Learn more." 2 Packet Pg. 168 ITEM 6,ATTACHMENT 8 Hello, my name is Monica Bird, I am the daughter of Frank J Perez many of you knew him as "Pancho" the previous owner of Pobre Panchos Mexican Restaurant, and I am the mother of Karolyn Bird who is a percentage owner of Pobre Panchos Mexican Restaurant intellectual property. Today, I am speaking as to why my family's former restaurant building located at 1802 N College should be marked for historical preservation. I grew up in this community and since 1969 the landscape has changed.This past year, I have provided numerous facts on public record in support of preserving this symbol of Latino history. Today I will touch on the highlights. In order to be considered for historical preservation, my father must have been part of certain events in Fort Collins history. As child, my father was part of The United States Bracero Program which opened American borders for immigrants from Mexico to come work the sugar beet fields in the Fort Collins area. My family has a memorial brick, "Familia Perez", in Sugar Beet Park paying tribute to the local immigrant families who worked the fields and lived in Spanish colony making Fort Collins their permanent home. This neighborhood still exists today and is still predominately of Mexican and Latino descent. My father enlisted and served his country during the Vietnam war. When he came home, he decided to bring our Latino culture to the Fort Collins public by starting a restaurant. He shared his culture,food and hospitality to all that walked through the restaurant doors making it a melting pot of Fort Collins. Holy Family Church was founded for immigrant families and to this day a large part of Fort Collins history. My father was an active member of the church and was the first one to bring their summer "Fiesta" into the public, welcoming all to worship and experience our local Latino culture at City Park. It was not an easy road for my father, he faced many obstacles, but he did not let that deter him. He believed in the "American Dream" and in this country. He bought into the light the Latino culture and food. My father was the longest Latino business owner in Fort Collins history spanning over 50 years, when he passed away. This building is more than just four walls and a roof it is a place where History was made.A place where an immigrant fought against the odds and won, creating his American dream. Please don't just take my word on this. I challenge each of you to pull the public meeting's transcripts and decide for yourself if the Historical Preservation Committee was correct in nominating my father's building for historical preservation and how it is tied to our Latino history. Don't let one more piece of Latino history be removed from our city. I want to thank the Historical Society for recognizing the historical impact this building has had on our community.You have brought to light the simple life of an immigrant and his rise up from the fields. During this whole process, I have been able to study my family's history and connect with my father more even though he is no longer with us. Packet Pg. 169 ITEM 6,ATTACHMENT 8 1 know my father is looking down on us now smiling and amazed that his everyday life is considered historical and has made such an impact on this community. Thank you for your time today. Monica Bird Packet Pg. 170 NATIONAL REGISTER BULLETIN Technical information on the the National Register of Historic Places: survey, evaluation, registration, and preservation of cultural resources U.S. Department of the Interior National Park Service Cultural Resources National Register, History and Education How to Apply the National Register Criteria for Evaluation 4 1.3 •� R. w i ITEM 6,ATTACHMENT 9 The mission of the Department of the Interior is to protect and provide access to our Nation's natural and cultural heritage and honor our trust responsibilities to tribes. The National Park Service preserves unimpaired the natural and cultural resources and values of the National Park System for the enjoyment,education, and inspiration of this and future generations. The Park Service cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world. This material is partially based upon work conducted under a cooperative agreement with the National Conference of State Historic Preservation Officers and the U.S.Department of the Interior. Date of publication: 1990;revised 1991, 1995, 1997. Revised for Internet 1995. Cover (Top Left) Criterion B -Frederick Douglass Home, Washington, D.C. From 1877- 1899, this was the home of Frederick Douglass, the former slave who rose to become a prominent author,abolitionist, editor,orator,and diplomat. (Walter Smalling,Jr.) (Top Right) Criterion D -Francis Canyon Ruin,Blanco vicinity,Rio Arriba County,New Mexico. A fortified village site composed of 40 masonry-walled rooms arranged in a cluster of four house blocks. Constructed ca. 1716-1742 for protection against raiding Utes and Comanches, the site has information potential related to Na- vajo, Pueblo,and Spanish cultures. (Jon Samuelson) (Bottom Left) Criterion C-Bridge in Cherrytree Township, Venago County, Pennsylvania. Built in 1882, this Pratt through truss bridge is significant for engi- neering as a well preserved example of a type of bridge frequently used in northwestern Pennsylvania in the late 19th century. (Pennsylvania Department of Transportation) (Bottom Right) Criterion A -Main StreetlMarket Square Historic District, Houston,Harris County, Texas. Until well into the 20th century this district marked the bounds of public and business life in Houston. Constructed between the 1870s and 1920s, the district includes Houston's municipal and county buildings,and served as the city's wholesale, retail,and financial center. (Paul Hester) Packet Pg. 172 ITEM 6,ATTACHMENT 9 PREFACE Preserving historic properties as cant in our prehistory and history. It should be used by anyone who important reflections of our American These properties represent the major must decide if a particular property heritage became a national policy patterns of our shared local, State, qualifies for the National Register of through passage of the Antiquities and national experience. To guide the Historic Places. Act of 1906, the Historic Sites Act of selection of properties included in the Listing properties in the National 1935, and the National Historic Pres- National Register, the National Park Register is an important step in a na- ervation Act of 1966, as amended. Service has developed the National tionwide preservation process. The The Historic Sites Act authorized the Register Criteria for Evaluation. responsibility for the identification, Secretary of the Interior to identify These criteria are standards by which initial evaluation, nomination, and and recognize properties of national every property that is nominated to treatment of historic resources lies significance (National Historic Land- the National Register is judged. In with private individuals, State historic marks) in United States history and addition, the National Park Service preservation offices, and Federal pres- archeology. The National Historic has developed criteria for the recogni- ervation offices, local governments, Preservation Act of 1966 authorized tion of nationally significant proper- and Indian tribes. The final evalua- the Secretary to expand this recogni- ties,which are designated National tion and listing of properties in the tion to properties of local and State Historic Landmarks and prehistoric National Register is the responsibility significance in American history, ar- and historic units of the National Park of the Keeper of the National Register. chitecture, archeology, engineering, System. Both these sets of criteria This bulletin was prepared by staff and culture, and worthy of preserva- were developed to be consistent with of the National Register Branch, Inter- tion. The National Register of His- the Secretary of the Interior's Stan- agency Resources Division, National toric Places is the official list of these dards and Guidelines for Archeology and Park Service, with the assistance of the recognized properties, and is main- Historic Preservation, which are uni- History Division. It was originally is- tained and expanded by the National form, national standards for preserva- sued in draft form in 1982. The draft Park Service on behalf of the Secretary tion activities.' was revised into final form by Patrick of the Interior.' This publication explains how the W. Andrus, Historian, National Regis- The National Register of Historic National Park Service applies these ter, and edited by Rebecca H. Places documents the appearance and criteria in evaluating the wide range Shrimpton, Consulting Historian. importance of districts, sites, build- of properties that may be significant Beth L. Savage, National Register ings, structures, and objects signifi- in local, State, and national history. and Sarah Dillard Pope,National Reg- ister, NCSHPO coordinated the latest revision of this bulletin. Antionette J. Lee,Tanya Gossett, and Kira Badamo coordinated earlier revisions. 'Properties listed in the National Register receive limited Federal protection and certain benefits. For more information concerning the effects of listing,and how the National Register may be used by the general public and Certified Local Governments,as well as by local,State,and Federal agencies,and for copies of National Register Bulletins,contact the National Park Service,National Register,1849 C Street,NW,NC400,Washington, D.C.,20240. Information may also be obtained by visiting the National Register Web site at www.er.nps.gov/nr or by contacting any of the historic preservation offices in the States and territories. 2The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation are found in the Federal Register,Vol.48,No.190 (Thursday,September 29,1983). A copy can be obtained by writing the National Park Service,Heritage Preservation Services(at the address above). Packet Pg. 173 i ITEM 6,ATTACHMENT 9 TABLE OF CONTENTS Preface ..........................................................................................................................................................................................i I. Introduction.................................................................................................................................................................................1 II. National Register Criteria for Evaluation .............................................................................................................................2 III. How to Use this Bulletin to Evaluate a Property.................................................................................................................3 IV. How to Define Categories of Historic Properties................................................................................................................4 Building.........................................................................................................................................................................................4 Structure........................................................................................................................................................................................4 Object .........................................................................................................................................................................................5 Site .........................................................................................................................................................................................5 District .........................................................................................................................................................................................5 Concentration, Linkage,& Continuity of Features........................................................................................................5 Significance ..........................................................................................................................................................................5 Typesof Features ................................................................................................................................................................5 GeographicalBoundaries...................................................................................................................................................6 DiscontiguousDistricts......................................................................................................................................................6 V. How to Evaluate a Property Within its Historic Context...................................................................................................7 UnderstandingHistoric Contexts.............................................................................................................................................7 How to Evaluate a Property Within Its Historic Context.....................................................................................................7 Properties Significant Within More Than on Historic Context ...................................................................................9 ComparingRelated Properties..........................................................................................................................................9 Local,State,and National Historic Contexts ..........................................................................................................................9 VI. How to Identify the Type of Significance of a Property..................................................................................................11 Introduction................................................................................................................................................................................11 CriterionA: Event.....................................................................................................................................................................12 UnderstandingCriterion A .............................................................................................................................................12 ApplyingCriterion A .......................................................................................................................................................12 Typesof Events .......................................................................................................................................................... 12 Association of the Property with the Events.........................................................................................................12 Significance of the Association ................................................................................................................................12 TraditionalCultural Values .....................................................................................................................................13 CriterionB: Person ...................................................................................................................................................................14 UnderstandingCriterion B .................................................................................................................................................14 ApplyingCriterion B ...........................................................................................................................................................15 Significanceof the Individual ..................................................................................................................................15 Associationwith the Property .................................................................................................................................15 Comparisonto Related Properties ..........................................................................................................................15 Associationwith Groups ..........................................................................................................................................15 Associationwith Living Persons.............................................................................................................................16 Association with Architects/Artisans....................................................................................................................16 NativeAmerican Sites...............................................................................................................................................16 CriterionC: Design/Construction.........................................................................................................................................17 UnderstandingCriterion C.................................................................................................................................................17 ApplyingCriterion C...........................................................................................................................................................18 ii Packet Pg. 174 ITEM 6,ATTACHMENT 9 Distinctive Characteristics of Type, Period, and Method of Construction..............................................................18 Historic Adaptation of the Original Property ..............................................................................................................19 Worksof a Master .............................................................................................................................................................20 Properties Possessing High Artistic Values..................................................................................................................20 Criterion D: Information Potential ........................................................................................................................................21 UnderstandingCriterion D.................................................................................................................................................21 ApplyingCriterion D...........................................................................................................................................................21 ArcheologicalSites.....................................................................................................................................................21 Buildings, Structures,and Objects ..........................................................................................................................21 Associationwith Human Activity ..........................................................................................................................22 Establishinga Historic Context ...............................................................................................................................22 DevelopingResearch Questions..............................................................................................................................22 Establishing the Presence of Adequate Data.........................................................................................................23 Integrity .......................................................................................................................................................................23 Partly Excavated or Disturbed Properties .............................................................................................................23 CompletelyExcavated Sites .....................................................................................................................................24 VII. How to Apply the Criteria Considerations.........................................................................................................................25 Introduction................................................................................................................................................................................25 Criteria Consideration A: Religious Properties...................................................................................................................26 Understanding Criteria Consideration A......................................................................................................................26 ApplyingCriteria Consideration A ...............................................................................................................................26 Eligibilityfor Historic Events ..................................................................................................................................26 Eligibilityfor Historic Persons.................................................................................................................................27 Eligibility for Architectural or Artistic Distinction ..............................................................................................28 Eligibility for Information Potential .......................................................................................................................28 Ability to Reflect Historic Associations..................................................................................................................28 Criteria Consideration B: Moved Properties........................................................................................................................29 Understanding Criteria Consideration B ......................................................................................................................29 ApplyingCriteria Consideration B ................................................................................................................................29 Eligibility for Architectural Value...........................................................................................................................29 Eligibilityfor Historic Associations........................................................................................................................30 Settingand Environment..........................................................................................................................................30 Association Dependent on the Site .........................................................................................................................30 PropertiesDesigned to Be Moved...........................................................................................................................31 ArtificiallyCreated Groupings................................................................................................................................31 Portionsof Properties................................................................................................................................................31 Criteria Consideration C: Birthplaces and Graves..............................................................................................................32 Understanding Criteria Consideration C......................................................................................................................32 ApplyingCriteria Consideration C................................................................................................................................32 Persons of Outstanding Importance.......................................................................................................................32 Fast Surviving Property Associated with a Person..............................................................................................32 Eligibility for Other Associations............................................................................................................................33 Criteria Consideration D: Cemeteries ...................................................................................................................................34 Understanding Criteria Consideration D......................................................................................................................34 ApplyingCriteria Consideration D ...............................................................................................................................34 Persons of Transcendent Importance .....................................................................................................................34 Eligibilityon the Basis of Age..................................................................................................................................35 Eligibilityfor Design .................................................................................................................................................35 Eligibility for Association with Events...................................................................................................................35 Eligibilityfor Information Potential .......................................................................................................................35 Integrity .......................................................................................................................................................................36 NationalCemeteries ..................................................................................................................................................36 Criteria Consideration E: Reconstructed Properties...........................................................................................................37 Understanding Criteria Consideration E ......................................................................................................................37 ApplyingCriteria Consideration E ................................................................................................................................37 Accuracy of the Reconstruction...............................................................................................................................37 SuitableEnvironment................................................................................................................................................37 RestorationMaster Plans ..........................................................................................................................................38 Packet Pg. 175 iii ITEM 6,ATTACHMENT 9 LastSurviving Property of a Type ...............................................................................................................................38 Reconstructions Older than Fifty Years.......................................................................................................................38 Criteria Consideration F: Commemorative Properties ......................................................................................................39 Understanding Criteria Consideration F..........................................................................................................................39 ApplyingCriteria Consideration F....................................................................................................................................39 Eligibilityfor Design .................................................................................................................................................39 Eligibility for Age,Tradition,or Symbolic Value.................................................................................................40 Ineligibility as the Last Representative of an Event or Person...........................................................................40 Criteria Consideration G: Properties that Have Achieved Significance Within the Past Fifty Years ........................41 Understanding Criteria Consideration G.........................................................................................................................41 ApplyingCriteria Consideration G...................................................................................................................................42 Eligibility for Exceptional Importance ...................................................................................................................42 HistoricalPerspective................................................................................................................................................42 National Park Service Rustic Architecture ............................................................................................................42 Veterans Administration Hospitals ........................................................................................................................42 Comparison with Related Properties .....................................................................................................................42 WorldWar II Properties ...........................................................................................................................................42 Eligibility for Information Potential .......................................................................................................................43 HistoricDistricts ........................................................................................................................................................43 Properties Over Fifty Years in Age, Under Fifty Years in Significance ............................................................43 Requirement to Meet the Criteria,Regardless of Age .........................................................................................43 VIII. How to Evaluate the Integrity of a Property ..............................................................................................................44 Introduction .......................................................................................................................................................................44 Understanding the Aspects of Integrity........................................................................................................................44 Location .......................................................................................................................................................................44 Design ..........................................................................................................................................................................44 Setting ..........................................................................................................................................................................44 Materials......................................................................................................................................................................45 Workmanship .............................................................................................................................................................45 Feeling..........................................................................................................................................................................45 Association..................................................................................................................................................................45 AssessingIntegrity in Properties....................................................................................................................................45 Defining the Essential Physical Features ...............................................................................................................46 Visibilityof the Physical Features...........................................................................................................................46 Comparing Similar Properties .................................................................................................................................47 Determining the Relevant Aspects of Integrity ....................................................................................................48 IX. Summary of the National Historic Landmarks Criteria for Evaluation...............................................................50 X. Glossary..............................................................................................................................................................................53 XI. List of National Register Bulletins...............................................................................................................................54 iv Packet Pg. 176 ITEM 6,ATTACHMENT 9 I. INTRODUCTION The National Register is the historic contexts. Detailed guidance • Expecting to nominate a property nation's inventory of historic places for developing and applying historic as a National Historic Landmark and the national repository of docu- contexts is contained in National Reg- in addition to nominating it to mentation on the variety of historic ister Bulletin:How to Complete the Na- the National Register. property types, significance, abun- tional Register Registration Form and dance, condition, ownership, needs, National Register Bulletin:How to Com- and other information. It is the begin- plete the National Register Multiple This bulletin also contains a sum- ning of a national census of historic Property Documentation Form ) mary of the National Historic Land- properties. The National Register Cri- The guidelines provided here are marks Criteria for Evaluation (see teria for Evaluation define the scope intended to help you understand the Part IX). National Historic Land- of the National Register of Historic National Park Service's use of the Cri- marks are those districts, sites, build- Places;they identify the range of re- teria for Evaluation, historic contexts, ings, structures, and objects desig- sources and kinds of significance that integrity, and Criteria Considerations, nated by the Secretary of the Interior will qualify properties for listing in and how they apply to properties un- as possessing national significance in the National Register. The Criteria der consideration for listing in the American history, architecture, arche- are written broadly to recognize the National Register. Examples are pro- ology,engineering, and culture. Al- wide variety of historic properties as- vided throughout, illustrating specific though National Register documenta- sociated with our prehistory and his- circumstances in which properties are tion includes a recommendation tory. and are not eligible for the National about whether a property is signifi- Decisions concerning the signifi- Register. This bulletin should be used cant at the local, State, or national cance, historic integrity, documenta- by anyone who is: level, the only official designation of tion, and treatment of properties can national significance is as a result of be made reliably only when the re- •Preparing to nominate a property National Historic Landmark designa- source is evaluated within its historic to the National Register, tion by the Secretary of the Interior, context. The historic context serves as National Monument designation by the framework within which the Na- • Seeking a determination of a the President of the United States, or tional Register Criteria are applied to property's eligibility, establishment as a unit of the National specific properties or property types. • Evaluating the comparable sig- Park System by Congress. These (See Part V for a brief discussion of nificance of a property to those properties are automatically listed in listed in the National Register, or the National Register. Packet Pg. 177 1 ITEM 6,ATTACHMENT 9 II. THE NATIONAL REGISTER CRITERIA FOR EVALUATION c. A birthplace grave of a historical CRITERIA FOR CRITERIA figure of outstanding nding importance EVALUATION:' CONSIDERATIONS: if there isding no °app appropriate site with his or her productive life;or . The quality of significance in Ordinarily cemeteries,birthplaces, d cemetery which derives its American history,architecture,arche- or graves of historical figures,proper- primary significance from graves of persons transcendent impor- ology, engineering,and culture is ties owned by religious institutions or present in districts,sites,buildings, used for religious purposes,structures per from age, from distinctive structures,and objects that possess in- that have been moved from their tance,design features, r from association tegrity of location,design,setting,ma- original locations,reconstructed his- with historic events;or terials,workmanship,feeling,and as- toric buildings, properties primarily sociation, and: commemorative in nature,and prop- e. A reconstructed building when erties that have achieved significance accurately executed in a suitable A.That are associated with events that within the past 50 years shall not be environment and presented in a have made a significant contribu- considered eligible for the National dignified manner as part of a tion to the broad patterns of our Register. However, such properties restoration master plan,and when history;or will qualify if they are integral parts of no other building or structure with B. That are associated with the lives of districts that do meet the criteria or if the same association has survived; persons significant in our past;or they fall within the following catego- or ries: f. A property primarily commemora- tive in intent if design,age, tradi- characteristics of a type,p a. A religious property deriving tion, or symbolic value has in- method of construction,or that primary significance from architec- resent the work of a master, or p Y g vested it with its own exceptional represent tural or artistic distinction or significance;or that possess high artistic values,or historical importance;or that represent a significant and g. A property achieving significance distinguishable entity whose b. A building or structure removed within the past 50 years if it is of components may lack individual from its original location but which exceptional importance. distinction;or is significant primarily for architec- tural value,or which is the surviv- D.That have fielded,or may be likel Y Y Y ing structure most importantly to yield,information important in associated with a historic person or prehistory or history. event;or 'The Criteria for Evaluation are found in the Code of Federal Re illations,Title 36,Part 60,and are reprinted here in full. 2 Packet Pg. 178 ITEM 6,ATTACHMENT 9 III. HOW TO USE THIS BULLETIN TO EVALUATE A PROPERTY For a property to qualify for the a district,site,building,structure, 4. Determine if the property repre- National Register it must meet one of or object for inclusion in the sents a type usually excluded from the National Register Criteria for National Register. the National Register(Part VII). Evaluation by: 2. Determine which prehistoric or If so,determine if it meets any of historic context(s)the property the Criteria Considerations. • Being associated with an impor-tant historic context and represents(Part V). A property 5. Determine whether the property must possess significance in retains integrity (Part VIII). • Retaining historic integrity of American history,architecture, Evaluate the aspects of location, those features necessary to con- archeology,engineering,or design,setting, workmanship,ma- vey its significance. culture when evaluated within terials,feeling, and association Information about the property the historic context of a relevant that the property must retain to based on physical examination and geographic area. convey its historic significance. documentary research is necessary to 3. Determine whether the property evaluate a property's eligibility for the is significant under the National If,after completing these steps,the National Register. Evaluation of a Register Criteria (Part VI). This property appears to qualify for the Na- property is most efficiently made is done by identifying the links to tional Register, the next step is to pre- when following this sequence: important events or persons, pare a written nomination. (Refer to design or construction features, National Register Bulletin: How to 1. Categorize the property (Part IV). or information potential that Complete the National Register Registra- A property must be classified as make the property important. tion Form.) Packet Pg. 179 3 ITEM 6,ATTACHMENT 9 IV. HOW TO DEFINE CATEGORIES OF HISTORIC PROPERTIES The National Register of Historic whole building must be considered, piers,all of which, if extant,must be Places includes significant properties, and its significant features must be included when considering the classified as buildings, sites, districts, identified. property for eligibility. structures, or objects. It is not used to If a building has lost any of its basic If a structure has lost its historic list intangible values,except in so far structural elements,it is usually con- configuration or pattern of organiza- as they are associated with or re- sidered a "ruin" and is categorized as tion through deterioration or demoli- flected by historic properties. The Na- a site. tion, it is usually considered a "ruin" tional Register does not list cultural Examples of buildings include: and is categorized as a site. events, or skilled or talented individu- als,as is done in some countries. administration building Exnn:ples of structures include: Rather, the National Register is ori- carriage house ented to recognizing physically con- church aircraft apiary crete properties that are relatively city or town hall fixed in location. courthouse automobile For purposes of National Register detached kitchen, barn,and privy bandstand nominations, small groups of proper- dormitory boats and ships ties are listed under a single category, fort bridge using the primary resource. For ex- garage cairn canal ample, a city hall and fountain would hotel be categorized by the city hall (build- house carousel ing),a farmhouse with two outbuild- library corncrib ings would be categorized by the mill building dani farmhouse(building),and a city park office building earthwork with a gazebo would be categorized post office fence by the park (site). Properties with school ,gazebo large acreage or a number of re- social hall grain elevator sources are usually considered dis- shed highway stable irrigation system tricts. Common sense and reason should dictate the selection of catego- store kiln ries. theater lighthouse train station railroad grade silo BUILDING STRUCTURE trolley car tunnel A building,such as a house,barn, windmill church,hotel,or similar construe- The term "structure"is used to tion,is created principally to shelter distinguish from buildings those any form of human activity. 'Build- functional constructions made usu- ing"may also be used to refer to a ally for purposes other than creating historically and functionally related human shelter. unit,such as a courthouse and jail or Structures nominated to the a house and barn. National Register must include all of Buildings eligible for the National the extant basic structural elements. Register must include all of their basic Parts of structures can not be consid- structural elements. Parts of build- ered eligible if the whole structure ings,such as interiors, facades, or remains. For example,a truss bridge wings,are not eligible independent of is composed of the metal or wooden the rest of the existing building. The truss, the abutments,and supporting 4 Packet Pg. 180 ITEM 6,ATTACHMENT 9 OBJECT A site may be a natural landmark commercial buildings,sites,struc- strongly associated with significant tures,or objects. A district can also be The term "object" is used to prehistoric or historic events or a grouping of archeological sites patterns of events,if the significance related primarily b their common distinguish from buildings and P g P Y Y structures those constructions that of the natural feature is well docu- components; these types of districts are primarily artistic in nature or are mented through scholarly research. often will not visually represent a relatively small in scale and simply Generally, though, the National specific historic environment. constructed. Although it may be,by Register excludes from the definition nature or design,movable,an object of "site" natural waterways or bodies SIGNIFICANCE is associated with a specific setting of water that served as determinants in the location of communities or or environment. A district must be significant, as Small objects not designed for a were significant in the locality's well as being an identifiable entity. It specific location are normally not subsequent economic development. must be important for historical, eligible. Such works include trans- While they may have been "avenues architectural, archeological,engineer- portable sculpture, furniture,and of exploration," the features most ing,or cultural values. Therefore, other decorative arts that,unlike a appropriate to document this signifi- districts that are significant will fixed outdoor sculpture,do not cance are the properties built in usually meet the last portion of possess association with a specific association with the waterways. Criterion C plus Criterion A, Criterion place. B,other portions of Criterion C,or Objects should be in a setting Examples of sites include: Criterion D. appropriate to their significant battlefield historic use,roles, or character, campsite TYPES OF FEATURES Objects relocated to a museum are cemeteries significant for information inappropriate for listing in the Na- potential or historic association A district can comprise both tional Register. ceremonial site features that lack individual distinc- designed landscape tion and individually distinctive Examples of objects include: habitation site features that serve as focal points. It boundary marker natural feature(such as a rock formation) may even be considered eligible if all fountain having cultural significance of the components lack individual milepost petroglyph distinction,provided that the group- monunient rock carving ing achieves significance as a whole scupture rock shelter within its historic context. In either statuary ruins of a building or structure case, the majority of the components shipwreck that add to the district's historic trail character, even if they are individu- SITE village site ally undistinguished,must possess integrity,as must the district as a A site is the location of a signifi- DISTRICT whole.A district can contain buildings, cant event,a prehistoric or historic en structures,sites,objects,or o occupation or activity,or a building A district possesses a significant p or structure,whether standing, concentration,linkage,or continuity spaces that do not contribute to the ruined,or vanished,where the of sites,buildings,structures,or significance of the district. The location itself possesses historic, objects united historically or aes- number of noncontributing properties cultural,or archeological value thetically by plan or physical devel- a district can contain yet still convey regardless of the value of any exist- opment. its sense of time and place and ing structure. historical development depends on A site can possess associative CONCENTRATION,LINKAGE,& how these properties affect the district's integrity. In archeological CONTINUITY OF FEATURES significance or information potential districts, the primary factor to be or both,and can be significant under considered is the effect of an distur- any or all of the four criteria. A site A district derives its importance Y need not be marked by physical from being a unified entity,even bances on the information potential of remains if it is the location of a though it is often composed of a wide the district as a whole. prehistoric or historic event or pattern variety of resources. The identity of a of events and if no buildings,struc- district results from the interrelation- tures, or objects marked it at the time ship of its resources, which can of the events. However,when the convey a visual sense of the overall location of a prehistoric or historic historic environment or be an ar- event cannot be conclusively deter- rangement of historically or function- mined because no other cultural ally related properties. For example,a materials were present or survive, district can reflect one principal documentation must be carefully activity, such as a mill or a ranch, or it evaluated to determine whether the can encompass several interrelated traditionally recognized or identified activities,such as an area that in- site is accurate. eludes industrial,residential,or Packet Pg. 181 5 ITEM 6,ATTACHMENT 9 GEOGRAPHICAL BOUNDARIES DISCONTIGUOUS DISTRICTS It is not appropriate to use the discontiguous district format to A district must be a definable A district is usually a single geo- include an isolated resource or small geographic area that can be distin- graphic area of contiguous historic group of resources which were once guished from surrounding properties properties; however, a district can connected to the district,but have by changes such as density, scale, also be composed of two or more since been separated either through type, age, style of sites,buildings, definable significant areas separated demolition or new construction. For structures, and objects, or by docu- by nonsignificant areas. A example, do not use the discontiguous mented differences in patterns of discontiguous district is most appro- district format to nominate individual historic development or associations. priate where: buildings of a downtown commerical It is seldom defined, however, by the district that have become isolated limits of current parcels of ownership, . Elements are spatially discrete; through demolition. management, or planning boundaries. The boundaries must be based upon a • Space between the elements Examples of districts iF,[,ude: shared relationship among the not related to the significance of business districts properties constituting the district. the district; and canal systems . Visual continuity is not a factor groups ofhabitation sites in the significance. college campuses In addition, a canal can be treated estates and farms with large acreage/ as a discontiguous district when the numerous properties system consists of man-made sections industrial complexes of canal interspersed with sections of irrigation systems river navigation. For scattered residential areas archeological properties, a rural villages discontiguous district is appropriate transportation networks when the deposits are related to each rural historic districts other through cultural affiliation, period of use, or site type. r .ill cg � �4fRJ- ; Ordeman-Shaw Historic District, Montgomery, Montgomery County, Alabama. Historic districts derive their identity from the interrationship of their resources. Part of the defining characteristics of this 19th century residential district in Montgomery, Alabama, is found hi the rhythmic pattern of the rows of decorative porches. (Frank L. Thiermonge, III) 6 Packet Pg. 182 ITEM 6,ATTACHMENT 9 V. HOWTOEVALUATEA PROPERTY WITHIN ITS HISTORIC CONTEXT UNDERSTANDING In order to decide whether a HOW TO EVALUATE property is significant within its HISTORIC historic context, the following five APROPERTY things must be determined: CONTEXTS . The facet of prehistory or history WITHIN ITS of the local area, State, or the na- HISTORIC CONTEXT To qualify for the National Regis- tion that the property represents; ter, a property must be significant; that is, it must represent a significant • Whether that facet of prehistory Identify what the property repre- part of the history, architecture, or history is significant; sents: the theme(s), geographical archeology, engineering, or culture of . Whether it is a type of property limits, and chronological period that an area, and it must have the charac- that has relevance and impor- provide a perspective from which to teristics that make it a good represen- tance in illustrating the historic evaluate the property's significance. tative of properties associated with context; that aspect of the past. This section Historic contexts are historical explains how to evaluate a property • How the property illustrates that patterns that can be identified through within its historic context. history; and finally consideration of the history of the The significance of a historic . Whether the property possesses property and the history of the sur- property can be judged and explained the physical features necessary to rounding area. Historic contexts may only when it is evaluated within its convey the aspect of prehistory have already been defined in your area historic context. Historic contexts are or history with which it is associ- by the State historic preservation office, those patterns or trends in history by ated. Federal agencies, or local governments. which a specific occurrence, property, In accordance with the National Regis- or site is understood and its meaning These five steps are discussed in ter Criteria, the historic context may (and ultimately its significance) detail below. If the property being relate to one of the following: within history or prehistory is made evaluated does represent an impor- clear. Historians, architectural tant aspect of the area's history or . An event, a series of events or ac- historians, folklorists, archeologists, prehistory and possesses the requisite tivities, or patterns of an area's de- and anthropologists use different quality of integrity, then it qualifies velopment (Criterion A); words to describe this phenomena for the National Register. such as trend, pattern, theme, or • Association with the life of an im- cultural affiliation, but ultimately the portant person (Criterion B); concept is the same. • A building form, architectural style, The concept of historic context is engineering technique, or artistic not a new one; it has been fundamen- values, based on a stage of physical tal to the study of history since the development, or the use of a mate- 18th century and, arguably, earlier rial or method of construction that than that. Its core premise is that shaped the historic identity of an resources, properties, or happenings area (Criterion C); or in history do not occur in a vacuum but rather are part of larger trends or • A research topic (Criterion D). patterns. 'For a complete discussion of historic contexts, see National Register Bulletin: Guidelines for Completing National Register of Historic Places Registration Forms. Packet Pg. 183 7 ITEM 6,ATTACHMENT 9 Determine how the theme of the Determine what the property type Determine how the property context is significant in the history of is and whether it is important in represents the context through the local area,the State,or the illustrating the historic context. specific historic associations,archi- nation. tectural or engineering values,or A context may be represented by a information potential (the Criteria A theme is a means of organizing variety of important property types. for Evaluation). properties into coherent patterns For example, the context of "Civil based on elements such as environ- War Military Activity in Northern For example, the context of county ment,social/ethnic groups, transpor- Virginia" might be represented by government expansion is represented tation networks, technology,or such properties as: a group of mid- under Criterion A by historic districts political developments that have 19th century fortification structures; or buildings that reflect population influenced the development of an area an open field where a battle occurred; growth, development patterns, the during one or more periods of prehis- a knoll from which a general directed role of government in that society, tory or history. A theme is considered troop movements;a sunken transport and political events in the history of significant if it can be demonstrated, ship; the residences or public build- the State, as well as the impact of through scholarly research, to be ings that served as company head- county government on the physical important in American history. Many quarters;a railroad bridge that served development of county seats. Under significant themes can be found in the as a focal point fora battle;and Criterion C, the context is represented following list of Areas of Significance earthworks exhibiting particular by properties whose architectural used by the National Register. construction techniques. treatments reflect their governmental Because a historic context for a functions, both practically and AREAS OF SIGNIFICANCE community can be based on a distinct symbolically. (See Part VI: How to Agriculture period of development,it might Identifiy the Type of Significance of a Architecture include numerous property types. Property.) Archeology For example, the context "Era of Prehistoric Industrialization in Grand Bav, Determine what physical features Historic—Aboriginal Michigan, 1875- 1900" could be the property must possess in order Historic—Non-Aboriginal represented by important property for it to reflect the significance of the Art types as diverse as sawmills,paper historic context. Commerce mill sites,salt refining plants,flour Conmiunications mills, grain elevators, furniture These physical features can be Community Planning and Development factories, workers housing, commer- determined after identifying the Conservation cial buildings,social halls,schools, following: Economics churches,and transportation facilities. Education A historic context can also be based • Which types of properties are as- Engineering on a single important type of prop- sociated with the historic context, Entertainment Recreation erty. The context "Development of � County Government in Georgia, • The ways in which properties can oun Ethnic Heritage y g represent the theme,and Asian 1777- 1861" might be represented Black solely by courthouses. Similarly, • The applicable aspects of integ- European 'Bridge Construction in Pittsburgh, rity. Hispanic 1870- 1920" would probably only Properties that have the defined Native American have one property type. is Islander characteristics are eligible for listing. Pacific (See Part VIII: How to Evaluate the Other Integrity of a Property.) ExplorationlSettlenzent HealthlMedieine Industry Invention Landscape Architecture Law Literature Maritime History Military Performing Arts Philosophy PoliticslGovernment Religion Science Social History Transportation Other 8 Packet Pg. 184 ITEM 6,ATTACHMENT 9 PROPERTIES SIGNIFICANT LOCAL STATE found throughout the entire State: WITHIN MORE THAN ONE they can be located in only a portion HISTORIC CONTEXT AND NATIONAL of the State's present political bound- ary. It is the property's historic HISTORIC context that must be important A specific property can be signifi- statewide. For example, the "cotton cant within one or more historic CONTEXTS belt" extends through only a portion contexts, and, if possible,all of these of Georgia, yet its historical develop- should be identified. For example,a ment in the antebellum period af- public building constructed in the Historic contexts are found at a fected the entire State. These State 1830s that is related to the historic variety of geographical levels or historic contexts may have associated context of Civil War campaigns in the scales. The geographic scale selected properties that are statewide or area might also be related to the may relate to a pattern of historical locally significant representations. A theme of political developments in the development,a political division, or a cotton gin in a small town might be a community during the 1880s. A cultural area. Regardless of the scale, locally significant representation of property is only required, however, to the historic context establishes the this context,while one of the largest be documentec4 as significant in one framework from which decisions cotton producing plantations might context. about the significance of related be of State significance. properties can be made. A property whose historic associa- COMPARING RELATED tions or information potential appears PROPERTIES LOCAL HISTORIC to extend beyond a single local area CONTEXTS might be significant at the State level. Properties listed in the National A property can be significant to more Register must possess significance A local historic context represents than one community or local area, when evaluated in the perspective of an aspect of the history of a town, however, without having achieved their historic context. Once the city,county,cultural area,or region, State significance. historic context is established and the or any portions thereof. It is defined A property that overlaps several property type is determined,it is not by the importance of the property, not State boundaries can possibly be necessary to evaluate the property in necessarily the physical location of the significant to the State or local history question against other properties t property. For instance, if a property of each of the States. Such a property q g p p f' i p y' p p Y is not necessarily of national signifi- es of atype found throughout a State, • It is the sole example of a prop- or its boundaries extend over two cance, however, nor is it necessarily erty type that is important in il- States,but its importance relates only significant to all of the States in which lustrating the historic context or to a particular county, the property it is located. would be considered of local signifi- Prehistoric sites are not often • It clearly possesses the defined cance. considered to have "State" signifi- characteristics required to cance, per se, largely because States strongly represent the context. The level i f context their it in orm - are relatively recent political entities cal sites significant for their informa- If these two conditions do not tion potential depends on the scope of and usually do not correspond closely apply, then the property will have to the applicable research design. For to Native American political territo- be evaluated against other examples example,a Late Mississippian village ries or cultural areas. Numerous sites, site may yield information in a of the property type to determine its Y however, may be of significance to a Y eligibility. The geographic level research design concerning one large region that might geographi- (local,State, or national) at which this settlement system on a regional scale, tally encompass parts of one, or usually several,States. Prehistoric while in another research design it evaluation is made is the same as the g level of the historic context. (See Part may reveal information of local resources that might be of State V: How to Eaahiate a Property Within importance concerning a single significance include regional sites that rou s stone tool manufacturing Its Historic Context.) g P g provide a diagnostic assemblage of artifacts for a particular cultural techniques or house forms. It is a question of how the available infor- group or time period or that provide chronological control (specific dates mation potential is likely to be used. or relative order in time) for a series STATE HISTORIC of cultural groups. CONTEXTS Properties are evaluated in a State context when they represent an aspect of the history of the State as a whole (or American Samoa, the District of Columbia, the Commonwealth of the Northern Mariana Islands,Guam, Puerto Rico,or the Virgin Islands). These properties do not necessarily have to belong to property types Packet Pg. 185 9 ITEM 6,ATTACHMENT 9 NATIONAL HISTORIC Regulations, Title 36, Part 65 and are was fought in only a portion of the CONTEXTS summarized in this bulletin in Part IX: United States, yet its impact was Summary of National Historic Land- nationwide. The site of a small Properties are evaluated in a marks Criteria for Evaluation. military skirmish might be a locally national context when they represent A property with national signifi- significant representation of this an aspect of the history of the United cance helps us understand the history national context, while the capture of States and its territories as a whole. of the nation by illustrating the the State's largest city might be a These national historic contexts may nationwide impact of events or statewide significant representation have associated properties that are persons associated with the property, of the national context. locally or statewide significant its architectural type or style, or When evaluating properties at the representations, as well as those of information potential. It must be of national level for designation as a national significance, exceptional value in representing or National Historic Landmark, please Properties designated as nationally illustrating an important theme in the refer to the National Historic Land- significant and listed in the National history of the nation. marks outline, History and Prehistory Register are the prehistoric and Nationally significant properties in the National Park System and the historic units the National Park do not necessarily have to belong to a National Historic Landmarks Program System and those properties that have property type found throughout the 1987. (For more information about been designated National Historic entire country: they can be located in the National Historic Landmarks Landmarks. The National Historic only a portion of the present political program, please write to the Depart- Landmark criteria are the standards boundaries. It is their historic context ment of the Interior,National Park for nationally significant properties; that must be important nationwide. Service, National Historic Land- they are found in the Code of Federal For example, the American Civil War marks, 1849 C Street, NW,NC400, Washington,DC 20240.) 10 Packet Pg. 186 ITEM 6,ATTACHMENT 9 VI. HOW TO IDENTIFY THE TYPE OF SIGNIFICANCE OF A PROPERTY INTRODUCTION After identifying the relevant NATIONAL REGISTER historic context(s) with which the CRITERIA FOR property is associated, the four When evaluated within its historic Criteria are applied to the property. EVALUATION* context, a property must be shown to Within the scope of the historic be significant for one or more of the four context, the National Register Criteria The National Register Criteria Criteria for Evaluation -A, B, C, or D define the kind of significance that the recognize different types of values (listed earlier in Part 11). The Criteria properties represent. embodied in districts, sites, buildings, describe how properties are signifi- For example,within the context of structures,and objects. These values cant for their association with impor- "19th Century Gunpowder Produc- fall into the following categories: tint events or persons, for their tion in the Brandywine Valley," Associative value (Criteria A and importance in design or construction, Criterion A would apply to those B): Properties significant for their or for their information potential. properties associated with important association or linkage to events The basis for judging a property's events in the founding and develop- (Criterion A) or persons (Criterion B) significance and,ultimately, its ment of the industry. Criterion B important in the past. eligibility under the Criteria is historic would apply to those properties Design or Construction value context. The use of historic context associated with persons who are (Criterion C): Properties significant allows a property to be properly significant in the founding of the as representatives of the manmade evaluated in a nearly infinite number industry or associated with important expression of culture or technology. of capacities. For instance,Criterion inventions related to gunpowder Information value (Criterion D): C: Design/Construction can accom- manufacturing. Criterion C would Properties significant for their ability modate properties representing apply to those buildings,structures, to yield important information about construction types that are unusual or or objects whose architectural form or prehistory or history. widely practiced, that are innovative style reflect important design qualities or traditional, that are "high style" or integral to the industry. And Crite- *For a complete listing of the Criteria for vernacular, that are the work of a rion D would apply to properties that Evaluation,refer to Part 11 of this bulletin. famous architect or an unknown can convey information important in master craftsman. The key to determin- our understanding of this industrial ing whether the characteristics or associa- process. If a property qualifies under tions of a particular property are signifi- more than one of the Criteria, its cant is to consider the property within its significance under each should be historic context. considered, if possible,in order to identify all aspects of its historical value. Packet Pg. 187 I 1 ITEM 6,ATTACHMENT 9 CRITERION A: EVENT Properties can be eligible for the National Register if they are associated with events that have made a significant contribution to the broad patterns of our history. UNDERSTANDING APPLYING EXAMPLES OF s ASSOCIATED WITHH EVENT EVENTS CRITERION A: CRITERION A: Properties associated with specific events: EVENT EVENT • The site of battle. • The building in which an important To be considered for listing under TYPES OF EVENTS invention was developed. Criterion A, a property must be • A factory district where a significant associated with one or more events A property can be associated with strike occurred. important in the defined historic either(or both) of two types of events: yp • An archeological site at which a ma- context. Criterion A recognizes specific event marking an im- jor new aspect of prehistory was o properties associated with single • A s fa p g covered,such as the first evidencee f events,such as the foundingof o portant moment in American pre- rnan and extinct Pleistocene animals town, or with a pattern of events, history or history and repeated activities,or historic trends, being contemporaneous. such as the gradual rise of a port city's • A pattern of events or a historic .A site where an important facet of prominence in trade and commerce. trend that made a significant con- European exploration occurred. The event or trends, however,must tribution to the development of a clearly be important within the community,a State, or the nation. Properties associated with a pattern of associated context: settlement, in the events: Refer to the sidebar on the right for case of the town, or development of a a list of specific examples. • A trail associated with western mi- maritime economy,in the case of the gration. port city. Moreover, the property ASSOCIATION OF THE must have an important association • A railroad station that served as the with the event or historic trends,and PROPERTY WITH THE focus of a conmiunity's transporta- it must retain historic integrity. (See EVENTS tion system and commerce. Part V: How to Evaluate a Property • A mill district reflecting the impor- Within its Historic Context.) The property you are evaluating tance of textile manufacturing dur- Several steps are involved in must be documented, through ac- ing a given period. determining whether a property is cepted means of historical or archeo- significant for its associative values: logical research(including oral • A building used by an important lo- history), to have existed at the time of cal social organization. • Determine the nature and origin the event or pattern of events and to p A site where prehistoric Native of the property, have been associated with those Arnericans annually gathered for • Identify the historic context with events. A property is not eligible if its seasonally available resources and which it is associated, and associations are speculative. For for social interaction. archeological sites,well reasoned • Evaluate the property's history to inferences drawn from data recovered • A downtown district representing a determine whether it is associ- at the site can be used to establish the town's growth as the commercial fo- ated with the historic context in association between the site and the cus of the surrounding agricultural any important way. events. area. SIGNIFICANCE OF THE ASSOCIATION Mere association with historic events or trends is not enough, in and of itself, to qualify under Criterion A: the property's specific association must be considered important as well. For example,a building historically in commercial use must be shown to have been significant in commercial history. 12 Packet Pg. 188 ITEM 6,ATTACHMENT 9 TRADITIONAL CULTURAL VALUES Traditional cultural significance is derived from the role a property plays in a community's historically rooted beliefs,customs,and practices. Properties may have significance under Criterion A if they are associ- ated with events,or series of events, significant to the cultural traditions of a community.5 . Eligible • A hilltop associated in oral his- torical accounts with the founding of an Indian tribe or society is eligible. • A rural community can be eli- gible whose organization, buildings,or patterns of _ land use reflect the cultural traditions valued by its long- term residents. - • An urban neighborhood can Criterion A-The Old Brulay Plantation,Brownsville vicinity,Cameron county, be eligible as the traditional Texas. Historically significant for its association with the development of agriculture home of a particular cultural in southeast Texas,this complex of 10 brick buildings was constructed by George N. group and as a reflection of its Brulay,a:French immigrant who introduced commercial sugar production and beliefs and practices. irrigation to the Rio Grande Valley. (Photo by Texas Historical Commission). Not Eligible • A site viewed as sacred by a recently established utopian or religious community does not have traditional cultural value and is not eligible. 'For more laiformation,refer to National Register Bulletin: Guidelines for Evaluating and Documenting Traditional Cultural Properties. 13 Packet Pg. 189 ITEM 6,ATTACHMENT 9 CRITERION B: PERSON Properties may be eligible for the National Register if they are associated with the lives of persons significant in our past. UNDERSTANDING CRITERION B: PERSON Criterion B applies to properties " ,x associated with individuals whose `1 specific contributions to history can ( �' be identified and documented. •.�. 'r Persons"significant in our past refers to individuals whose activities are demonstrably important within a local,State,or national historic ( , S context. The criterion is generally 1 :, restricted to those properties that illustrate(rather than commemorate) t ' a person's important achievements. it# t�rel (The policy regarding commemora- ' Ar""`'V , tive properties,birthplaces,and graves is explained further in Part VIII: How to Apply the Criteria Consid- erations.) Several steps are involved in determining whether a property is significant for its associative values Criterion B-The William Whitney House, Hinsdale,DuPage County, Illinois. under Criterion B. First,determine This building is locally significant for its historical association with William Whitney, the importance of the individual. the founder of the town of Hinsdale,Illinois. Whitney,a citizen of New York State, Second,ascertain the length and nature of his/her association with the moved to Illinois,established the town,and while living here between 1870 and 1879 property under study and identify the was a prominent local businessman and politician. (Photo by Frederick C.Cue). other properties associated with the individual. Third,consider the property under Criterion B,as outlined below. EXAMPLES OF PROPERTIES ASSOCIATED WITH PERSONS Properties associated with a Significant Person: • The home of an important merchant or labor leader. • The studio of a significant artist. • The business headquarters of an im- portant industrialist. For further information on properties eligible under Criterion B,refer to National Register Bulletin: Guidelines for EmIuating and Documenting Properties Associated with Significant Persons. 14 Packet Pg. 190 ITEM 6,ATTACHMENT 9 APPLYING ASSOCIATION WITH THE ASSOCIATION WITH CRITERION B: PROPERTY GROUPS Properties eligible under Criterion For properties associated with PERSONB are usually those associated with a several community leaders or with a person's productive life,reflecting the prominent family, it is necessary to SIGNIFICANCE OF THE time period when he or she achieved identify specific individuals and to INDIVIDUAL significance. In some instances this explain their significant accomplish- may be the person's home;in other ments. cases,a person's business,office, The persons associated with the laboratory, or studio may best repre- Eligible property must be individually signifi- sent his or her contribution. Proper- cantwhich within a historic context. A ties that pre-or post-date an large number of prominent property is not eligible if its only individual's significant accomplish- influential merchants, profes- or justification for significance is that it ments are usually not eligible. (See influential civic leaders, prof- was owned or used by a person who Coniparison to Related Properties, below, sionals,dons,etc., Lived will be eligible is a member of an identifiable profes- for exceptions to this rule.) under Criterion B if theeligibl- sion,class, or social or ethnic group. The individual's association with It must be shown that the person the property must be documented by cance of one or more specific gained importance within his or her accepted methods of historical or individual residents is explic- profession or group. archeological research,including itly justified. written or oral history. Speculative • A building that served as the associations are not acceptable. For seat of an important family is Eligible archeological sites,well reasoned eligible under Criterion B if the • The residence of a doctor,a inferences drawn from data recovered significant accomplishments of mayor, or a merchant is eli- at the site are acceptable. one or more individual family gible under Criterion B if the members is explicitly justified. person was significant in the COMPARISON TO RELATED Not Eligible field of medicine, politics, or PROPERTIES commerce, respectively. • A residential district in which a Not Eligible Each property associated with an large number of influential per- important individual should be sons lived is not eligible under • A property is not eligible un- compared to other associated proper- Criterion B if the accomplish- der Criterion B if it is associ- ties to identify those that best repre- ments of a specific indivi- ated with an individual about sent the person's historic contribu- dual(s) cannot be documented. whom no scholarly judgement tions. The best representatives If the significance of the district can be made because either re- usually are properties associated with rests in the cumulative impor- search has not revealed spe- the person's adult or productive life. tance of prominent residents, cific information about the Properties associated with an however, then the district person's activities and their individual's formative or later years might still be eligible under impact,or there is insufficient may also qualify if it can be demon- Criterion A. Eligibility,in this perspective to determine strated that the person's activities case, would be based on the whether those activities or during this period were historically broad pattern of community contributions were historically significant or if no properties from the development, through which important. person's productive years survives. the neighborhood evolved into Length of association is an important the primary residential area for factor when assessing several proper- this class of citizens. ties with similar associations. • A building that served as the A community or State may contain seat of an important family will several properties eligible for associa- not be eligible under Criterion tions with the same important person, B if the significant accomplish- if each represents a different aspect of ments of individual family the person's productive life. A members cannot be docu- property can also be eligible if it has mented. In cases where a suc- brief but consequential associations cession of family members with an important individual. (Such have lived in a house and col- associations are often related to lectively have had a demon- specific events that occurred at the strably significant impact on property and, therefore, it may also be the community, as a family, the eligible under Criterion A.) house is more likely to be sig- nificant under Criterion A for association with a pattern of events. Packet Pg. 191 15 ITEM 6,ATTACHMENT 9 ASSOCIATION WITH ASSOCIATION WITH NATIVE AMERICAN SITES LIVING PERSONS ARCHITECTS/ARTISANS The known major villages of Properties associated with living Architects,artisans,artists,and individual Native Americans who persons are usually not eligible for engineers are often represented by were important during the contact inclusion in the National Register. their works, which are eligible under period or later can qualify under Sufficient time must have elapsed to Criterion C.Their homes and studios, Criterion B. As with all Criterion B assess both the person's field of however,can be eligible for consider- properties, the individual associated endeavor and his/her contribution to ation under Criterion B,because these with the property must have made that field. Generally, the person's usually are the properties with which some specific important contribution active participation in the endeavor they are most personally associated. to history. Examples include sites must be finished for this historic significantly associated with Chief perspective to emerge. (See Criteria Joseph and Geronimo.' Considerations C and G in Part VII: How to Apply the Criteria Consider- ations.) For more information,refer to National Register Bulletin: Guidelines for Evaluating and Doc ton cnting Traditional Cultural Properties. 16 Packet Pg. 192 ITEM 6,ATTACHMENT 9 CRITERION C: DESIGN/CONSTRUCTION Properties may be eligible for the National Register if they embody the distinctive characteristics of a type,period,or method of construction,or that represent the work of a master,or that possess high artistic values,or that represent a significant and distinguishable entity whose components may lack individual distinction. defined within the context of Crite- rion C. Districts,however,can be con- sidmil for eligibility under all the Crite- rig,,individually or in any combina- tion,as is appropriate. For this rea- son,the full discussion of districts is contained in Part IV: How to Define _ Categories of Historic Properties. Throughout the bulletin,however, 1 districts are mentioned within the context of a specific subject,such as an individual Criterion. wi r �I Richland Plantation, East Feliciana Parish,Louisiana. Properties can qualify under Criterion C as examples of high style architecture. Built in the 1830s,Richland is a fine example of a Federal style residence with a Greek Revival style portico. (Photo by Dave Gleason). UNDERSTANDING • Represent a significant and dis- tinguishable entity whose com- CRITERION C: ponents may lack individual dis- tinction. DESIGN/ The first requirement,that proper- ties ties "embody the distinctive charac- CTION teristics of a type,period,or method / of construction," refers to the way in property h hic a ro This criterion applies to properties w P P Y was conceived, significant for their physical design or designed,or fabricated by a people or Grant Family House,Saco vicinity, construction,including such elements culture in past periods of history. y y York County,Maine. Properties "The work of a master" refers to the as architecture,landscape architec-ture,engineering,and artwork. To be technical or aesthetic achievements of possessing high artistic value meet eligible under Criterion C,a property an architect or craftsman. "High Criterion C through the expression of must meet at least one of the following artistic values" concerns the expres- aesthetic ideals or preferences. The Grant requirements: sion of aesthetic ideals or preferences Family House,a modest Federal style and applies to aesthetic achievement. residence,is significant for its remarkably • Embody distinctive characteris- Resources"that represent a signifi- well-preserved stenciled wall decorative tics of a type,period,or method cant and distinguishable entity whose of construction. components may lack individual dis- treatment in the entry hall and parlor. tinction"are called "districts." In the Painted by an unknown artist ca. 1825, ri • Represent the work of a master. Criteria for Evaluation(as published this is a fine example of 19th century New • Possess high artistic value. in the Code of Federal Regulations and England regional artistic expression. reprinted here in Part II),districts are (Photo by Kirk F.Mohney). 17 Packet Pg. 193 ITEM 6,ATTACHMENT 9 EXAMPLES OF PROPERTIES Distinctive Characteristics: "Dis- Type,Period,and Method of ASSOCIATED WITH DESIGN/ tinctive characteristics" are the physi- Construction: "Type,period,or CONSTRUCTION cal features or traits that commonly method of construction' refers to the Properties associated with design and recur in individual types,periods,or way certain properties are related to construction: methods of construction. To be one another by cultural tradition or eligible,a property must clearly function,by dates of construction or •A house or contmercial building rep- contain enough of those characteristics style,or by choice or availability of resenting a significant style of archi- to be considered a true representative materials and technology. tecture. of a particular type,period,or method A structure is eligible as a speci- •A designed park or garden associated of construction. men of its type or period of construc- with a particular landscape design Characteristics can be expressed in tion if it is an important example Philosophy. terms such as form,proportion,struc- (within its context)of building ture,plan,style,or materials. They practices of a particular time in •A movie theater embodying high ar- can be general,referring to ideas of history. For properties that represent tistic value in its decorative features. design and construction such as basic the variation,evolution,or transition • A bridge or dam representing techno- Plan or form,or they can be specific, of construction types,it must be logical advances. referring to precise ways of combining demonstrated that the variation,etc., particular kinds of materials. was an important phase of the archi- tectural development of the area or APPLYING Eligible community in that it had an impact as evidenced by later buildings. A • A building eligible under the property is not eligible,however, CRITERION C: theme of Gothic Revival archi- simply because it has been identified DESIGN/ tecture must have the distinc- as the only such property ever fabri- tive characteristics that make cated;it must be demonstrated to be up the vertical and picturesque significant as well. CONSTRUCTION qualities of the style,such as pointed gables,steep roof DISTINCTIVE pitch,board and batten siding, Eligible CHARACTERISTICS OF and ornamental bargeboard . A building that has some char- and veranda trim. g TYPE,PERIOD,AND acteristics of the Romanesque METHOD OF • A late Mississippian village Revival style and some charac- that illustrates the important teristics of the Commercial CONSTRUCTION concepts in prehistoric style can qualify if it illustrates community design and plan- the transition of architectural This is the portion of Criterion C ning will qualify. design and the transition itself under which most properties are . A designed historic landscape is considered an important ar- eligible,for it encompasses all archi- will qualify if it reflects a his- chitectural development. tectural styles and construction toric trend or school of theory practices_ To be eligible under this A Hopewellian mound,if it is portion of the Criterion,a property and practice,such as the City an important example of Beautiful Movement,evidenc- mound building construction must clearly illustrate, through "distinctive characteristics," the ing distinguished design,lay- techniques, would qualify as a out,and the work of skilled method or type of construc- following: craftsmanship. tion. YP • The pattern of features common Not Eligible to a particular class of resources, g A building which illustrates • A commercial building with the early or the developing • The individuality or variation of some Art Deco detailing is not technology of particular features that occurs within the eligible under Criterion C if the structural systems,such as class, detailing was added merely as skeletal steel framing,is eli- • The evolution of that class,or an afterthought, rather than gible as an example of a fully integrated with overall particular method of construe- • The transition between classes of lines and massing typical of the tion. resources. Art Deco style or the transition between that and another style. • A designed landscape that has had major changes to its his- toric design, vegetation,origi- nal boundary,topography/ grading,architectural features, and circulation system will not qualify. 18 Packet Pg. 194 ITEM 6,ATTACHMENT 9 HISTORIC ADAPTATION OF THE ORIGINAL PROPERTY A property can be significant not only for the way it was originally constructed or crafted, but also for the way it was adapted at a later period, or for the way it illustrates changing tastes, attitudes, and uses over a period of time. A district is eligible under this guideline if it illustrates the evolution of historic character of a place over a • particular span of time. Eligible �r >�. - •7;! A Native American irri ation- g ., system modified for use by �• ' �, 1 Europeans could be eligible if it illustrates the technology of ;• + �- either or both periods of con- struction. �� -�• t-- • An early 19th century farm- Swan Falls Dam and Power Plant, Murphy vicinity, Ada County, Idaho. house modified in the 1880s Significant works of engineering can qualify under Criterion C. Built between 1900- with Queen Anne style orna- 1907 the Swan Falls Dan and Power Plant across the Snake River is one of the early mentation could be significant hydroelectric plants in the State ofldaho. (Photo by H.L. Hough). for the modification itself, if it represented a local variation or significant trend in building construction or remodelling, was the work of a local master (see Works of a Master on page 20), or reflected the tastes of an important person associated with the property at the time. of its alteration. • A district encompassing the commercial development of a town between 1820 and 1910, characterized by buildings of various styles and eras, can be eligible. � n Looney House, Asheville vicinity, St. Clair County, Alabama. Examples of vernacular styles of architecture can qualify under Criterion C. Built ca. 1818, the Looney House is significant as possibly the State's oldest extant two-story dogtrot type of dwelling. The defining open center passage of the dogtrot was a regional building response to the southern climate. (Photo by Carolyn Scott). 19 Packet Pg. 195 ITEM 6,ATTACHMENT 9 WORKS OF A MASTER PROPERTIES POSSESSING A Significant and Distinguishable HIGH ARTISTIC VALUES Entity Whose Components May Lack A master is a figure of generally Individual Distinction. This portion recognized greatness in a field,a High artistic values may be ex- of Criterion C refers to districts. For known craftsman of consummate detailed information on districts,refer pressed in many ways,including to Part IV of this bulletin. skill,or an anonymous craftsman areas as diverse as community design whose work is distinguishable from or planning,engineering,and sculp- others by its characteristic style and ture. A property is eligible for its quality. The property must express a high artistic values if it so fully particular phase in the development articulates a particular concept of of the master's career,an aspect of his design that it expresses an aesthetic or her work,or a particular idea or ideal. A property is not eligible, theme in his or her craft. however,if it does not express A property is not eligible as the aesthetic ideals or design concepts work of a master,however,simply more fully than other properties of its because it was designed by a promi- type. nent architect. For example,not every building designed by Frank Lloyd Wright is eligible under this portion Eligible of Criterion C,although it might meet other portions of the Criterion,for • A sculpture in a town square instance as a representative of the that epitomizes the design Prairie style. principles of the Art Deco style The work of an unidentified is eligible. craftsman is eligible if it rises above . A building that is a classic ex- the level of workmanship of the other pression of the design theories properties encompassed by the of the Craftsman Style,such as historic context. carefully detailed handwork, is eligible. • A landscaped park that syn- thesizes early 20th century principles of landscape archi- tecture and expresses an aes- thetic ideal of environment can be eligible. • Properties that are important representatives of the aesthetic values of a cultural group, such as petroglyphs and ground drawings by Native Americans,are eligible. Not Eligible • A sculpture in a town square that is a typical example of sculpture design during its pe- riod would not qualify for high artistic value,although it might be eligible if it were sig- nificant for other reasons. • A building that is a modest ex- ample(within its historic con- text)of the Craftsman Style of architecture,or a landscaped park that is characteristic of turn of the century landscape design would not qualify for high artistic value. 20 Packet Pg. 196 I=KA G AT A(`L ftI KI Q CRITERION D: INFORMATION POTENTIAL Properties may be eligible for the National Register if they have yielded,or may be likely to yield,information im- portant in prehistory or history. UNDERSTANDING data gaps or alternative theories that BUILDINGS, STRUCTURES, challenge existing ones or 2) priority AND OBJECTS CRITERION D: areas identified under a State or Federal agency management plan. While most often applied to INFORMATION archeological districts and sites, APPLYING Criterion D can also apply to build- POTENTIAL CRITERION D: ings,structures, and objects that contain important information. In Certain important research ques- �+ order for these types of properties to tions about human history can only be INFORMATION be eligible under Criterion D, they answered by the actual physical �+ themselves must be, or must have material of cultural resources. Crite- POTENTIAL ENTIAL been, the principal source of the rion D encompasses the properties important information. that have the potential to answer,in ARCHEOLOGICAL SITES whole or in part, those types of Eligible research questions. The most com- Criterion D most commonly mon type of property nominated applies to properties that contain or ' A building exhibiting a local under this Criterion is the archeologi- are likely to contain information variation on a standard design cal site (or a district comprised of bearing on an important archeological or construction technique can archeological sites). Buildings, be eligible if study could yield objects,and structures (or districts research question. The property must important information, such as have characteristics suggesting the comprised of these property types), how local availability of mate- however,can also be eligible for their likelihood that it possesses c tract r al rials or construction expertise information potential. lions of artifacts,soil strata, structural affected the evolution of local 1 Criterion D has two requirements, remains,or other natural features that make it possible to do or cultural building development. b which must both be met for a property the following: Not Eligible to qualify: • The property must have, or have • Test a hypothesis or hypotheses • The ruins of a hacienda once had, information to contribute to about events, groups, or pro- contained murals that have since been destroyed.however understanding of human his- cesses in the past that bear on im- ortant research questions in the cal documentation, however, tory or prehistory,and P 1 indicates that the murals were social or natural sciences or the • The information must be consid- humanities;or significant for their highly un- ered important. usual design. The ruins can Under the first of these require- • Corroborate or amplify currently not be eligible under Criterion available information suggesting D for the importance of the de- been a property is eligible if it has that a hypothesis is either true or stroyed murals if the informa- een used as a source of data and false;or lion is contained only in the contains more,as yet unretrieved documentation. data. A property is also eligible if it • Reconstruct the sequence of ar- has not yet yielded information but, cheological cultures for the pur- through testing or research,is deter- pose of identifying and explain- mined a likely source of data. ing continuities and discontinu- Under the second requirement, the ities in the archeological record information must be carefully evalu- for a particular area. ated within an appropriate context to determine its importance. Informa- tion is considered "important" when it is shown to have a significant bearing on a research design that addresses such areas as: 1) current Packet Pg. 197 21 ITEM 6,ATTACHMENT 9 r , property. Research questions can be related to property-specific issues,to broader questions about a large geographic area,or to theoretical • :,•;;: 2 �- - •1 issues independent of any particular •.� ;t; w s � geographic location. These questions 5, _ _ _ may be derived from the academic community or from preservation " programs at the local,regional,State, or national level. Research questions are usually developed as part of a AW, "research design," which specifies not only the questions to be asked,but also the types of data needed to supply the answers,and often the r techniques needed to recover the data. Criterion D-Champe-Fremont 1 Archeological Site,Omaha vicinity,Douglas Eligible County,Nebraska. This archeological site,dating from ca. 1100-1450 A.D.,consists of • When a site consisting of a vil- pit houses and storage pits which have the potential to yield important information lage occupation with midden concerning the subsistence patterns,religious and mortuary practices,and social deposits,hearths,ceramics, organization of the prehistoric residents of eastern Nebraska. (Nebraska State and stratified evidence of sev- Historical Society) eral occupations is being evaluated,three possible re- ASSOCIATION WITH ESTABLISHING A HISTORIC search topics could be: 1) the question of whether the site HUMAN ACTIVITY CONTEXT occupants were indigenous to the area prior to the time of oc- A property must be associated with The information that a property cupation or recent arrivals,2) human activity and be critical for yields,or will yield,must be evalu- the investigation of the settle- understanding a site's historic environ- ated within an appropriate historic ment-subsistence pattern of ment in order to be eligible under context. This will entail consulting the occupants,3)the question Criterion D. A property can be linked the body of information already of whether the region was a to human activity through events, collected from similar properties or center for the domestication of processes,institutions,design,con- other pertinent sources,including plants.Specific questions struction,settlement,migration,ideals, modern and historic written records. could include: A) Do the de- beliefs,lifeways,and other facets of the The researcher must be able to posits show a sequential de- development or maintenance of anticipate if and how the potential velopment or sudden intro- cultural systems. information will affect the definition duction of Ceramic Type X? The natural environment associated of the context. The information likely B) Do the dates of the occupa- with the properties was often very to be obtained from a particular tions fit our expectations based different from that of the present and property must confirm,refute,or on the current model for the strongly influenced cultural develop- supplement in an important way reoccupation behavior of ment. Aspects of the environment that existing information. slash-and-burn agricultural- are pertinent to human activities A property is not eligible if it ists? C)Can any genetic should be considered when evaluating cannot be related to a particular time changes in the food plant re- properties under Criterion D. period or cultural group and,as a mains be detected? Natural features and paleontological result,lacks any historic context Not Eligible (floral and faunal)sites are not usually within which to evaluate the impor- eligible under Criterion 1)in and of tance of the information to be gained. • A property is not eligible if so themselves. They can be eligible, little can be understood about however,if they are either directly DEVELOPING RESEARCH it that it is not possible to de- related to human activity or critical to QUESTIONS termine if specific important understanding a site's historic environ- research questions can be an- ment. In a few cases,a natural feature swered by data contained in or site unmarked by cultural materials, Having established the importance the property. that is primarily eligible under Crite- of the information that may be rion A,may also be eligible under recovered,it is necessary to be explicit Criterion D,if study of the feature,or in demonstrating the connection between the important information its location,setting,etc. (usually in the context of data gained from other and a specific property. One ap- sources),will yield important informa- proach is to determine if specific lion about the event or period with important research questions can be which it is associated. answered by the data contained in the 22 Packet Pg. 198 ESTABLISHING THE INTEGRITY PARTLY EXCFTV6ffiA`'h � T 9 PRESENCE OF ADEQUATE DISTURBED PROPERTIES DATA The assessment of integrity for properties considered for information The current existence of appropri- potential depends on the data require- ate physical remains must be ascer- To support the assertion that a ments of the applicable research p y property has the data necessary to design. A property possessing tailed in considering a property's provide the important information, information potential does not need to ability to yield important information. the property Should be investigated P Prperties that have been partly P P y g recall visually an event,person, excavated or otherwise disturbed and with techniques sufficient to establish process, or construction technique. It presence of relevant data cite o- P 1 that are being considered for their the P g is important that the significant data potential to yield additional im or- ries. What constitutes appropriate contained in the property remain p y p investigation techniques would p p y tart information must be shown to g 1 sufficiently intact to yield the ex- retain that potential in their remaining depend upon specific circumstances pected important information,if the portions. including the property's location, appropriate study techniques are condition,and the research questions employed. being addressed,and could range from surface survey (or photographic Eligible survey for buildings), to the applica- Eligible • A site that has been partially tion of remote sensing techniques or excavated but still retains sub- intensive subsurface testing. Justifica- • An irrigation system signifi- stantial intact deposits(or a Lion of the research potential of a cant for the information it will site in which the remaining de- property may be based on analogy to yield on early engineering posits are small but contain another better known property if practices can still be eligible critical information on a topic sufficient similarities exist to establish even though it is now filled in that is not well known) is Bli- the appropriateness of the analogy. and no longer retains the ap- gible. pearance of an open canal. Not Eligible Not Eligible Eligible • A totally collected surface site • Data requirements depend on • A plowed archeological site or a completely excavated bur- the specific research topics and contains several superimposed ied site is not eligible since the components that have been physical remains capable of questions to be addressed. To p p continue the example in "De mixed to the extent that arti- yielding important informa- velping Research Questions" fact assemblages cannot be re- tion no longer exist at the site. The site cannot above, we might want to ricer- constructed. (See Completely Excavated Sites, ption.)ible if the data requ ire- on page 24, for exception.) twin the following with refer- be eligible g p ments of the research design Likewise,a site that has been ence to questions A, B,and C: call for the stud of artifacts A)The site contains Ceramic y looted or otherwise disturbed Type X in one or more occupa- specific to one component. to the extent that the remain- tion levels and we expect to be ing cultural materials have lost able to document the local their important depositional evaluation of the type or its in- context(horizontal or vertical trusive nature. B)The hearths location of deposits)is not eli- contain datable carbon deposits gible. and are associated with more • A reconstructed mound or than one occupation. C)The other reconstructed site will midden deposits show good generally not be considered floral/faunal preservation,and eligible,because original cul- we know enough about the tural materials or context or physical evolution of food both have been lost. plants to interpret signs that suggest domestication. Not Eligible • Generally, if the applicable re- search design requires clearly stratified deposits, then subsur- face investigation techniques must be applied. A site com- posed only of surface materials can not be eligible for its poten- tial to yield information that could only be found in strati- fied deposits. Packet Pg. 199 23 COMPLETELY EXCAVATED ITEM 6,ATTACHMENT 9 SITES Properties that have yielded important information in the past and that no longer retain additional research potential (such as completely excavated archeological sites)must be assessed essentially as historic sites under Criterion A. Such sites must be significant for associative values related to: 1) the importance of the data gained or 2) the impact of the property's role in the history of the development of anthropology/ archeology or other relevant disci- plines. Like other historic properties, the site must retain the abilitv to convev its association as the former repository of important information, the location of historic events, or the representative of important trends. Eligible • A property that has been exca- vated is eligible if the data re- covered was of such impor- tance that it influenced the di- rection of research in the disci- pline,as in a site that clearly established the antiquity of the human occupation of the New World. (See Criterion A in Part VI: How to Identify the Type of Significance of a Property and Criteria Consideration G in Part VII: How to Apply the Criteria Considerations.) Not Eligible • A totally excavated site that at one time yielded important in- formation but that no longer can convey either its historic/ prehistoric utilization or sig- nificant modern investigation is not eligible. 24 Packet Pg.200 VII. HOW TO APPLY THE CRITERIA CONSIDERATIONS INTRODUCTION CT'ION the property is of a type that is b.a building or structure removed l�l 1 1\ 1J U 1 1 l�l usually excluded from the Na- from its original Iocation but tional Register. The sections that which is significant primarily for Certain kinds of properties are not follow also list specific examples architectural value,or which is usually considered for listing in the of properties of each type. If the surviving structure most im- National Register:religious proper- your property clearly does not fit portantly associated with a his- ties,moved properties,birthplaces one of these types, then it does toric person or event;or and graves, cemeteries, reconstructed not need to meet any special re- c.a birthplace or grave of a histori- properties, commemorative proper- quirements. ties,and properties achieving signifi- cal figure of outstanding impor- cance within the past fifty years. • If your property does fit one of tance if there is no appropriate These properties can be eligible for these types, then it must meet the site or building directly associ- listing, however, if they meet special special requirements stipulated ated with his or her productive requirements, called Criteria Consid- for that type in the Criteria Con- life;or erations, in addition to meeting the siderations. d.a cemetery which derives its pri- regular requirements (that is, being mary significance from graves of eligible under one or more of the four CRITERIA persons of transcendent impor- Criteria and possessing integrity). ,� tance, from age, from distinctive Part V11 provides guidelines for CONSIDERATIONS design features, from association determining which properties must with historic events;or meet these special requirements and Ordinarily cemeteries,birthplaces, for applying each Criteria Consider- or graves of historical figures,proper- e. a reconstructed building when ation. ties owned by religious institutions or accurately executed in a suitable The Criteria Considerations need to used for religious purposes,structures environment and presented in a be applied only to individual proper- that have been moved from their dignified manner as part of a res- ties. Components of eligible districts original locations, reconstructed toration master plan,and when do not have to meet the special historic buildings,properties prima- no other building or structure requirements unless they make up the rily commemorative in nature, and with the same association has majority of the district or are the focal properties that have achieved signifi- survived; or point of the district. These are the cance within the past fifty years shall f.a property primarily commemo- general steps to follow when applying not be considered eligible for the rative in intent if design,age, tra- the Criteria Considerations to your National Register. However,such dition,or symbolic value has in- ro ert properties will qualify if they are p p Y integral parts of districts that do meet vested it with its own exceptional significance;or, • Before Iooking at the Criteria the criteria or if they fall within the Considerations,make sure your following categories: g. a property achieving significance meets one or more of within the past 50 years if it is of property a. a religious property deriving pri- exceptional importance. the four Criteria for Evaluation mary significance from architec- p p and possesses integrity. tural or artistic distinction or his- • If it does,check the Criteria Con- torical importance;or *The Criteria Considerations are taken from siderations (next column) to see if the Criteria for Evaluation,found in the Code of Federal Regulations,Title 36,Part 60. Packet Pg.201 25 CRITERIA CONSIDERATION A: RELIGIOUS PROPERTIES A religious property is eligible if it derives its primary significance from architectural or artistic distinction or historical importance. UNDERSTANDING Examples of Properties that MUST APPLYING Meet Criteria Consideration A: Reli- CRITERIA gious Properties CRITERIA CONSIDERATION • A historie chrn-ch cohere aft impor- CONSIDERATION tant non-religious event occurred, A: RELIGIOUS such as a speech by Patrick Henry. A: RELIGIOUS PROPERTIES • A historic synagogue that is signifi- PROPERTIES cant for architecture. A religious property requires • A private residence is tlrc site:of a justification on architectural,artistic, meeting important to religious Itis- ELIGIBILITY FOR HISTORIC or historic grounds to avoid any tort'. EVENTS appearance of judgment by govern- . A commercial block that is currently ment about the validity of any reli- owned as an investment property by A religious property can be eligible gion or belief. Historic significance a religious institution. g p p y g for a religious property cannot be under Criterion A for any of three rea- established on the merits of a reli- • A historic district in wlriclt religion sons: gious doctrine,but rather, for archi- was either a predominant or signifi- . It is significant under a theme in tectural or artistic values or for cant function during the period of the history of religion having important historic or cultural forces significance. secular scholarly recognition; or that the property represents. A o Example Properties that DO NOT religious property's significance Y f Y • It is significant under another his- under to Meet Criteria Consideration torical theme,such as ex lora- under Criterion A,B,C,or D must be A: Religious Properties p judged in purely secular terms. A tion, settlement, social philan- reli ious groupmay, in some cases, thropy,or education,or be considered cultural group whose 'A residential or contntercial district • activities are significant in areas that currently contains a small nuns- It is significantly associated with broader than religious history. ber of clturcltes that are not a pre- traditional cultural values. dominant feature of the district. Criteria Consideration for Reli- • A town meeting(tall that serves as gious Properties applies: the center of cornrntmity activity and (rouses a wide variety of public • If the resource was constructed and private meetings, including reli- by a religious institution. gious service. The resource is sig- • If the resource is presently nificant for architecture and politics, owned by a religious institution and the religious function is inciden- or is used for religious purposes. tal. • If the resource was owned by a ' A town hall,significant for politics front 1875 to 1925, that housed religious institution or used for religious services during the 1950s. religious purposes during its Pe- Since the religious function occurred riod of Significance. after the Period of Significance, the • If Religion is selected as an Area Criteria Consideration does not ap- of Significance. ply. 26 Packet Pg.202 ITEM 6,ATTACHMENT 9 RELIGIOUS HISTORY TRADITIONAL CULTURAL ELIGIBILITY FOR HISTORIC VALUES PERSONS A religious property can be eligible if it is directly associated with either a When evaluating properties A religious property can be eligible specific event or a broad pattern in the associated with traditional cultures,it for association with a person impor- history of religion. is important to recognize that often tant in religious history,if that these cultures do not make clear significance has scholarly,secular Eligible distinctions between what is secular recognition or is important in other and what is sacred. Criteria Consider- historic contexts. Individuals who • The site of a convention at ation A is not intended to exclude would likely be considered significant which a significant denomina- traditional cultural resources merely are those who formed or significantly tional split occurred meets the because they have religious uses or influenced an important religious requirements of Criteria Con- are considered sacred. A property or institution or movement,or who were sideration A. Also eligible is a natural feature important to a tradi- important in the social,economic,or property that illustrates the tional culture's religion and mythol- political history of the area. Proper- broad impact of a religious in- ogy is eligible if its importance has ties associated with individuals stitution on the history of a lo- been ethnohistorically documented important only within the context of a cal area. and if the site can be clearly defined. single congregation and lacking Not Eligible It is critical,however, that the activi- importance in any other historic ties be documented and that the context would not be eligible under • A religious property cannot be associations not be so diffuse that the Criterion B. eligible simply because was physical resource cannot be ad- the place of religious services equately defined." for a community,or was the Eligible oldest structure used by a reli- • A religious property strongly gious group in a local area. Eligible associated with a religious • A specific location or natural leader,such as George feature that an Indian tribe be- Whitefield or Joseph Smith, is OTHER HISTORICAL lieves to be its place of origin eligible. THEMES and that is adequately docu- mented qualifies under Crite- A religious property can be eligible ria Consideration A. if it is directly associated with either a specific event or a broad pattern that is significant in another historic context. A religious property would also qualify if it were significant for its associations that illustrate the importance of a particular religious group in the social,cultural,eco- nomic,or political history of the area. Eligibility depends on the importance of the event or broad pattern and the role of the specific property. Eligible • A religious property can qualify for its important role as a temporary hospital during the Revolutionary War,or if its school was significant in the history of education in the community. Not Eligible • A religious property is not sig- nificant in the history of edu- cation in a community simply because it had occasionally served as a school. 'For more information on applying Criteria Consideration A to traditional cultural properties, refer to National Register Bulletin: Guidelines for Evaluating and Documenting Traditional Cultural Properties. Packet Pg.203 27 ITEM 6,ATTACHMENT 9 ELIGIBILITY FOR ELIGIBILITY FOR ABILITY TO REFLECT ARCHITECTURAL OR INFORMATION POTENTIAL HISTORIC ASSOCIATIONS ARTISTIC DISTINCTION A religious property,whether a As with all eligible properties, A religious property significant for district,site,building,structure,or religious properties must physically its architectural design or construc- object,is eligible if it can yield impor- represent the period of time for which tion should be evaluated as are other tant information about the religious they are significance. For instance,a properties under Criterion C;that is, practices of a cultural group or other recent building that houses an older it should be evaluated within an historic themes. This kind of property congregation cannot qualify based on established architectural context and, should be evaluated as are other the historic activities of the group if necessary,compared to other properties under Criterion D,in because the current building does not properties of its type,period,or relation to similar properties,other convey the earlier history. Likewise, method of construction. (See "Com- information sources,and existing data an older building that housed the paring Related Properties" in Part V: gaps. historic activities of the congregation How to Evaluate a Property Within Its is eligible if it still physically repre- Historic Context.) sents the period of the congregation's Eligible significance. However,if an older • A 19th century camp meeting building has been remodeled to the Eligible site that could provide infor- extent that its appearance dates from • A historic cam meetin dis- mation about the length and the time of the remodeling, it can only p g intensity of site use during re- be eligible if the period of significance trio that meets the require- Y g corresponds with the period of the menu of Criterion C for its sig- vivals of the Second Great alterations. nificance as a type of construc- Awakening is eligible. tion is eligible. • Rock cairns or medicine wheels that had a historic reli- Eligible gious mythological function . A church built in the 18th cen- and can provide information tury and altered beyond recog- about specific cultural beliefs are eligible. nition in the 19th century is eligible only if the additions are important in themselves as an example of late 19th cen- tury architecture or as a reflec- tion of an important period of the congregation's growth. Not Eligible Kam' ,,.�� � • A synagogue built in the 1920s j w cannot be eligible for the im- portant activities of its congre- gation in the 18th and 19th centuries. It can only be eli- �r r gible for significance obtained after its construction date. v= • A rural 19th century frame church recently sheathed in brick is not eligible because it has lost its characteristic ap- pearance and therefore can no longer convey its 19th century significance,either for archi- tectural value or historic asso- ciation. Y� Criteria Consideration A-Religious Properties. A religious property can qualify as an exception to the Criteria if it is architecturally significant. The Church of the Navity in Rosedale,Iberville Parish,Louisiana,qualified as a rare example in the State of a 19th century small frame Gothic Revival style chapel. (Robert Obier) 28 Packet Pg.204 MmmRA R OTTOrIJNAFNT Q CRITERIA CONSIDERATION B: MOVED PROPERTIES A property removed from its original or historically significant location can be eligible if it is significant primarily for architectural value or it is the surviving property most importantly associated with a historic person or event. UNDERSTANDING APPLYING Examples of Properties thatLionB:MUST Meet Criteria Consideration B: CRITERIA CRITERIA Moved Properties • A resource:proved from one location CONSIDERATION CONSIDERATION on its original site to another loca- tion on the property,during or after B: MOVED B: MOVED its Period of Significance. PROPERTIES PROPERTIES • A district in which a significant number of resources have been The National Register criteria limit ELIGIBILITY FOR proved from their original location. the consideration of moved properties • A district which has one moved because significance is embodied in ARCHITECTURAL VALUE building that makes an especially locations and settings as well as in the significant contribution to the dis- properties themselves. Moving a A moved property significant trict. property destroys the relationships under Criterion C must retain enough between the property and its sur- historic features to convey its architec rowzdings and destroys associations integrity • A portable resource,such as a ship or tural values and retain inte rit of railroad car, that is relocated to a nconr original with historic events and persons. A design, materials,workmanship, Fdace i patible with its feeling,and association. function. move may also cause the loss of g� historic features such as landscaping, • A portable resource,such as a ship or foundations, and chimneys, as well as railroad car,whose importance is loss of the potential for associated critically linked to its historic loca- archeological deposits. Properties tion or route and that is moved. that were moved before their period of Examples of Properties that DO NOT significance do not need to meet the Need to Meet Criteria Consideration special requirements of Criteria B: Moved Properties Consideration B. p One of the basic purposes of the • A property that is moved prior to its National Register is to encourage the Period of Significance. preservation of historic properties as living parts of their communities. In • A district in which only a small per- keeping with this purpose,it is not centage of typical buildings in a dis- usual to list artificial groupings of trict are moved. buildings that have been created for • A moved building that is part of a purposes of interpretation,protection, complex but is of less significance or maintenance. Moving buildings to than the remaining(unmoved) such a grouping destroys the integrity buildings. of location and setting, and can create a false sense of historic development. • A portable resource,such as a ship or railroad car, that is eligible under Criterion C and is moved within its natural setting(water, rails,etc.). •A property that is raised or lowered on its foundations. Packet Pg.205 29 ITEM 6,ATTACHMENT 9 ELIGIBILITY FOR HISTORIC SETTING AND ASSOCIATION DEPENDENT ASSOCIATIONS ENVIRONMENT ON THE SITE A moved property significant In addition to the requirements For a property whose design values under Criteria A or B must be demon- above, moved properties must still or historical associations are directly strated to be the surviving property have an orientation,setting,and dependent on its location, any move most importantly associated with a general environment that are compa- will cause the property to lose its particular historic event or an impor- rable to those of the historic location integrity and prevent it from convey- tant aspect of a historic person's life. and that are compatible with the ing its significance. The phrase "most importantly associ- property's significance. ated" means that it must be the single surviving property that is most Eligible closely associated with the event or Eligible with the part of the person's life for • A farm structure significant which he or she is significant. • A property significant as an only as an example of-a example of mid-19th century method of construction pecu- rural house type can be eli- liar to the local area is still eli- Eligible gible after a move,provided gible if it is moved within that that it is placed on a lot that is local area and the new setting • A moved building occupied by sufficient in size and character is similar to that of the original an business woman during the to recall the basic qualities of location. majority of her productive ca- the historic environment and Not Eligible reer would be eligible if the setting,and provided that the other extant properties are a building is sited appropriately • A 19th century rural residence house she briefly inhabited in relation to natural and that was designed around par- prior to her period of signifi- manmade surroundings. ticular topographic features, cance and a commercial build- Not Eligible reflecting that time period's ing she owned after her retire- ideals of environment, is not ment. • A rural house that is moved eligible if moved. Not Eligible into an urban area and a bridge that is no longer situ- • A moved building associated ated over a waterway are not with the beginning of rail eligible. transportation in a community is not eligible if the original railroad station and ware- house remained intact on their original sites. 30 Packet Pg.206 ITEM 6 ATTACHMENT 9 PROPERTIES DESIGNED TO ARTIFICIALLY CREATED PORTIONS OF PROPERTIES BE MOVED GROUPINGS A moved portion of a building, A property designed to move or a An artificially created grouping of structure, or object is not eligible property frequently moved during its buildings, structures,or objects is not because, as a fragment of a larger historic use must be located in a eligible unless it has achieved signifi- resource, it has lost integrity of historically appropriate setting in cance since the time of its assemblage. design, setting, materials, workman- order to qualify, retaining its integrity It cannot be considered as a reflection ship, and location. of setting, design, feeling,and associa- of the time period when the indi- tion. Such properties include automo- vidual buildings were constructed. biles,railroad cars and engines,and ships. Eligible Eligible • A grouping of moved historic buildings whose creation • A ship docked in a harbor,a marked the beginning of a ma- locomotive on tracks or in a jor concern with past lifestyles railyard,and a bridge relo- can qualify as an early attempt cated from one body of water at historic preservation and as to another are eligible. an illustration of that genera- Not Eligible tion's values. • A ship on land in a park,a Not Eligible bridge placed in a pasture,or a • A rural district composed of a locomotive displayed in an in- farmhouse on its original site door museum are not eligible. and a grouping of historic barns recently moved onto the property is not eligible. Packet Pg.207 31 ITEM 6,ATTACHMENT 9 CRITERIA CONSIDERATION C: BIRTHPLACES OR GRAVES A birthplace or grave of a historical figure is eligible if the person is of outstanding importance and if there is no other appropriate site or building directly associated with his or her productive life. UNDERSTANDING APPLYING LAST SURVIVING CRITERIA CRITERIA PROPERTY ASSOCIATED WITH A PERSON CONSIDERATION CONSIDERATION When an geographical area C: BIRTHPLACES C: BIRTHPLACES strongly associated with a person of outstanding importance has lost all AND GRAVES AND GRAVES other properties directly associated with his or her formative years or productive life,a birthplace or grave Birthplaces and graves often attain PERSONS OF may be eligible. importance as reflections of the origins OUTSTANDING of important persons or as lasting IMPORTANCE memorials to them. The lives of persons significant in our past nor- mally are recognized by the National The phrase "a historical figure of Register through listing of properties outstanding importance" means that illustrative of or associated with that in order for a birthplace or grave to person's productive life's work. qualify, it cannot be simply the Birthplaces and graves, as properties birthplace or grave of a person that represent the beginning and the significant in our past (Criterion B). It end of the life of distinguished indi- must be the birthplace or grave of an viduals,may be temporally and individual who was of outstanding geographically far removed from the importance in the history of the local person's significant activities, and area, State, or nation. The birthplace therefore are not usually considered or grave of an individual who was eligible. one of several people active in some aspect of the history of a community, Examples of Properties that MUST a state,or the Nation would not be Meet Criteria Consideration C:Birth- eligible. places and Graves • The birthplace of a significant person who lived elsewhere during his or her Period of Significance. • Agrave that is nominated for its as- sociation with the significant person buried in it. • Agrave that is nominated for infor- mation potential. Examples of Properties that DO NOT Need to Meet Criteria Consideration: C: Birthplaces and Graves • A house that was inhabited by a sig- nificant person for his or her entire lifetime. • A grave located on the grounds of the house where a significant person spent his or her productive years. 32 Packet Pg.208 ITEM 6,ATTACHMENT 9 ELIGIBILITY FOR OTHER ASSOCIATIONS A birthplace or grave can also be eligible if it is significant for reasons other than association with the ' productive life of the person in question. It can be eligible for signifi- cance under Criterion A for associa- tion with important events, under Criterion B for association with the --_ productive lives of other important _ persons, or under Criterion C for _ — ALA architectural significance. A birth- place or grave can also be eligible in rare cases if, after the passage of time,it is significant for its commemorative - value. (See Criteria Consideration F ?` for a discussion of commemorative properties.) A birthplace or grave can also be eligible under Criterion D if it contains important information on �'-- research, e.g., demography,pathol- Criteria Consideration C-Birthplaces. A birthplace of a historical figure is eligible ogy, mortuary practices, socioeco- if the person is of outstanding importance and there is w other appropriate site or nomic status differentiation. building associated with his or her productive life. Hhe Walter Reed Birthplace, Gloucester vicinity, Gloucester County, Virginia is the most appropriate remaining building associated with the life of the man who, in 1900, discovered the cause and mode of transmission of the great scourge of the tropics,yellow fever. (Virginia Historic Landmarks Commission) 33 Packet Pg.209 ITEM 6,ATTACHMENT 9 CRITERIA CONSIDERATION D: CEMETERIES A cemetery is eligible if it derives its primary significance from graves of persons of transcendent importance,from age,from distinctive design features,or from association with historic events. UNDERSTANDING Meet Criteria ro Consideration D Examples sthat UST APPLYING CRITERIA Cemeteries CRITERIA CONSIDERATION 'A cemetery that is nominated indi- CONSIDERATION vidually for Criterion A,B,or C. D: CEMETERIES D: MME--rl,F-RIES Examples of Properties that DO NOT A cemetery is a collection of graves Need to Meet Criteria Consideration PERSONS OF that is marked by stones or other D: Cemeteries TRANSC'rNDE"dT artifacts or that is unmarked but .A cenrefer Mat is nominated aloe IMPORTANCE recognizable by features such as y 8 fencing or depressions,or through with t`wgs irtle church,but the maps,or by means of testing. Cem- church. 5 theva_ft resource nomi- A cemetery containing the graves eteries serve as a primary means of an nafed, of persons of transcendent importance individual's recognition of family +A cemarry"Ihat if nominated under may be eligible. To be of transcendent history and as expressions of collec- Criterion D for information poten- importance the persons must have tive religious and/or ethnic identity. tial been of great eminence in their fields Because cemeteries may embody of endeavor or had a great impact values beyond personal or family- •A cemetery that is nominated as part upon the history of their community, specific emotions, the National of a district but is not the focal point State,or nation. (A single grave that Register criteria allow for listing of of the district. is the burial place of an important cemeteries under certain conditions. person and is located in a larger cemetery that does not qualify under this Criteria Consideration should be treated under Criteria Consideration C: Birthplaces and Graves.) Eligible • A historic cemetery containing the graves of a number of per- sons who were exceptionally significant in determining the course of a State's political or economic history during a par- ticular period is eligible. Not Eligible ,.� • A cemetery containing graves ' ' •+ of State legislators is not eli- gible if they simply performed the daily business of State gov- ernment and did not have an outstanding impact upon the Criteria Consideration D- Cemeteries. The Hancock Cemetery, Quincy,Norfolk nature and direction of the County,Massachusetts meets the exception to the Criteria because it derives its State's history. primary significance from its great age(the earliest burials date from 1640)and from the distinctive design features found in its rich collection of late 17th and early 18th century funerary art. (N.Hobart Holly) 34 Packet Pg.210 ITEM 6,ATTACHMENT 9 ELIGIBILITY ON THE BASIS ELIGIBILITY FOR ELIGIBILITY FOR OF AGE ASSOCIATION WITH INFORMATION POTENTIAL EVENTS Cemeteries can be eligible if they Cemeteries,both historic and have achieved historic significance for Cemeteries may be associated with prehistoric,can be eligible if they their relative great age in a particular historic events including specific have the potential to yield important geographic or cultural context. important events or general events information. The information must be that illustrate broad patterns. important within a specific context and the potential to yield information Eligible must be demonstrated. • A cemetery dating from a Eligible A cemetery can qualify if it has potential to yield important informa- community's original 1830s • A cemetery associated with an tion provided that the information it settlement can attain signifi- important Civil War battle is p contains is not available in extant cance from its association with eligible. documentary evidence. that very early period. • A cemetery associated with the settlement of an area by an ethnic or cultural group is eli- Eligible ELIGIBILITY FOR DESIGN gible if the movement of the • A cemetery associated with the group into the area had an im- settlement of a particular cul- Cemeteries can qualify on the basis portant impact, if other prop- tural group will qualify if it of distinctive design values. These erties associated with that has the potential to yield im- values refer to the same design values group are rare,and if few portant information about sub- addressed in Criterion C and can documentary sources have jects such as demography, include aesthetic or technological survived to provide informa- variations in mortuary prac- achievement in the fields of city tion about the group's tices,or the study of the cause planning,architecture, landscape history. of death correlated with nutri- architecture, engineering, mortuary tion or other variables. art,and sculpture. As for all other Not Eligible nominated properties,a cemetery • A cemetery associated with a must clearly express its design values battle in the Civil War does and be able to convey its historic not qualify if the battle was appearance. not important in the history of the war. Eligible • A cemetery associated with an area's settlement by an ethnic • A Victorian cemetery is eli- or cultural group is not eli- gible if it clearly expresses the gible if the impact of the group aesthetic principles related to on the area cannot be estab- funerary design for that pe- lished,if other extant historic riod, through such features as properties better convey asso- the overall plan, landscaping, ciation with the group,or if statuary,sculpture, fencing, the information that the cem- buildings,and grave markers. etery can impart is available in Not Eligible documentary sources. • A cemetery cannot be eligible for design values if it no longer conveys its historic ap- pearance because of the intro- duction of new grave markers. Packet Pg.211 35 ITEM 6,ATTACHMENT 9 INTEGRITY NATIONAL CEMETERIES its history, the age of the cemetery is not a factor in judging eligibility, Assessing the integrity of a historic National Cemeteries administered although integrity must be present. cemetery entails evaluating principal by the Veterans Administration are A national cemetery or a portion of design features such as plan, grave eligible because they have been a national cemetery that has only been markers,and any related elements designated by Congress as primary set aside for use in the future is not (such as fencing). Only that portion memorials to the military history of eligible. of a historic cemetery that retains its the United States. Those areas within historic integrity can be eligible. If the a designated national cemetery that overall integrity has been lost because have been used or prepared for the of the number and size of recent grave reception of the remains of veterans markers,some features such as and their dependents,as well as any buildings,structures, or objects that landscaped areas that immediately retain integrity may be considered as surround the graves may qualify. individual properties if they are of Because these cemeteries draw their such historic or artistic importance significance from the presence of the that they individually meet one or remains of military personnel who more of the requirements listed have served the country throughout above. 36 Packet Pg.212 ITEM 6,ATTACHMENT 9 CRITERIA CONSIDERATION E: RECONTRUCTED PROPERTIES A reconstructed property is eligible when it is accurately executed in a suitable environment and presented in a dig- nified manner as part of a restoration master plan and when no other building or structure with the same associations has survived. All three of these requirements must be met. UNDERSTANDING APPLYING SUITABLE ENVIRONMENT CRITERIA CRITERIA The phrase "suitable environment" refers to: 1) the physical context CONSIDERATION E: CONSIDERATION E: provided by the historic district and he RECONSTRUCTED RECONSTRUCTED hi any interpretive sed for if t hi district is used for if relive purposes. This means that the PROPERTIES PROPERTIES reconstructed property must be located at the same site as the original. "Reconstruction" is defined as the ACCURACY OF THE It must also be situated in its original reproduction of the exact form and grouping of buildings, structures, and detail a vanished building, struc- RECONSTRUCTION objects (as many as are extant),and lure, object, or a part thereof, as it that grouping must retain integrity. appeared at a specific period of time. The phrase "accurately executed" In addition, the reconstruction must Reconstructed buildings fall into two means that the reconstruction must be not be misrepresented as an authentic categories: buildings wholly con- based upon sound archeological, historic property. structed of new materials and build- architectural, and historic data con- ings reassembled from some historic cerning the historic construction and and some new materials. BotYvcatego- appearance of the resource. That Eligible ries of properties present problems in documentation should include both • A reconstructed plantation meeting the integrity requirements of analysis of any above or below ground manager's office building is the National Register criteria. material and research in written and considered eligible because it other records. is located at its historic site, Examples of Properties that MUST grouped with the remaining Meet Criteria Consideration E:Recon- historic plantation buildings structed Properties and structures, and the planta- • A property in which most or all of the tion as a whole retains integ- fal7ric is not original. rity. Interpretation of the plantation district includes an • A district in which an important re- explanation that the manager's source or a significant number of re- office is not the original build- sources are reconstructions. ing,but a reconstruction. Examples of Properties that DO NOT Not Eligible Need to Meet Criteria Consideration E: Reconstructed Properties • The same reconstructed plan- tation manager's office build- • A property that is remodeled or reno- ing would not qualify if it voted and still has the majority of its were rebuilt at a location dif- original fabric. ferent from that of the original building,or if the district as a whole no longer reflected the period for which it is signifi- cant,or if a misleading inter- pretive scheme were used for the district or for the recon- struction itself. Packet Pg.213 37 ITEM 6,ATTACHMENT 9 RESTORATION MASTER LAST SURVIVING RECONSTRUCTIONS PLANS PROPERTY OF A TYPE OLDER THAN FIFTY YEARS Being presented "as part of a This consideration also stipulates After the passage of fifty years,a restoration master plan' means that: that a reconstruction can qualify if,in reconstruction may attain its own 1)a reconstructed property is an addition to the other requirements,no significance for what it reveals about essential component in a historic other building,object,or structure the period in which it was built, district and 2) the reconstruction is with the same association has sur- rather than the historic period it was part of an overall restoration plan for vived. A reconstruction that is part of intended to depict. On that basis,a an entire district. "Restoration" is a restoration master plan is appropri- reconstruction can possibly qualify defined as accurately recovering the ate only if: 1) the property is the only under any of the Criteria. form and details of a property and its one in the district with which a setting as it appeared at a particular particular important activity or event period by removing later work or by has been historically associated or replacing missing earlier work(as 2) no other property with the same opposed to completely rebuilding the associative values has survived. property). The master plan for the entire property must emphasize restoration,not reconstruction. In other words,the master plan for the entire resource would not be accept- able under this consideration if it called for reconstruction of a majority of the resource. Eligible • A reconstructed plantation manager's office is eligible if the office were an important component of the plantation and if the reconstruction is one element in an overall plan for restoring the plantation and if no other building or structure with the same associations has survived. • The reconstruction of the plan- tation manager's office build- ing can be eligible only if the majority of buildings,struc- tures,and objects that com- prised the plantation are ex- tant and are being restored. For guidance regarding resto- ration see the Secretary of the Interior's Standards for Historic Preservation Projects. 38 Packet Pg.214 ITEM 6,ATTACHMENT 9 CRITERIA CONSIDERATION F: COMMEMORATIVE PROPERTIES A property primarily commemorative in intent can be eligible if design,age,tradition,or symbolic value has invested it with its own historical significance. UNDERSTANDING Examples of Properties that MUST APPLYING Meet Criteria Consideration F: CRITERIA Commemorative Properties CRITERIA CONSIDERATION F: ' f iiI property C0171171C'1�lorativee or lor in, CONSIDERATION F: COMMEMORATIVE is of p itn r 's gr fi ance fnncti°" COMMEMORATIVE PROPERTIES Examples of Properties that DO NOT PROPERTIES Need to Meet Criteria Consideration Commemorative properties are F: Commemorative Properties ELIGIBILITY FOR DESIGN designed or constructed after the • A resource that leas a non- occurrence of an important historic conimeniorative primary function A commemorative property derives event or after the life of an important or significance. its design from the aesthetic values of person. They are not directly associ- ated with the event or with the • A single marker that is a coniponent the period of its creation. A com- person's productive life,but serve as of a district Mietlier contributing or memorative property, therefore, may evidence of a later generation's assess- non-contributing). be significant for the architectural, ment of the past. Their significance artistic, or other design qualities of its comes from their value as cultural own period in prehistory or history. expressions at the date of their cre- ation. Therefore,a commemorative Eligible property generally must be over fifty years old and must possess signifi- • A commemorative statue situ- cance based on its own value, not on ated in a park or square is Bli- the value of the event or person being gible if it expresses the aesthet- memorialized. ics or craftsmanship of the pe- riod when it was made,meet- ing Criterion C. • A late 19th century statue erected on a courthouse square to commemorate Civil War vet- erans would qualify if it reflects that era's shared perception of the noble character and valor of the veterans and their cause. This was commonly conveyed by portraying idealized soldiers or aIlegoricaI figures of battle, victory,or sacrifice. Packet Pg.215 39 ITEM 6,ATTACHMENT 9 ELIGIBILITY FOR AGE, INELIGIBILITY AS THE TRADITION, OR SYMBOLIC Not Eligible LAST REPRESENTATIVE OF VALUE • A commemorative marker AN EVENT OR PERSON erected in the past by a cul- A commemorative property cannot tural group at the site of an The loss of properties directly qualify for association with the event event in its history would not associated with a significant event or or person it memorializes. A com- be eligible if the marker were person does not strengthen the case memorative property may, however, significant only for association for consideration of a commemorative acquire significance after the time of with the event, and it had not property. Unlike birthplaces and its creation through age, tradition, or become significant itself graves, a commemorative property symbolic value. This significance must through tradition. usually has no direct historic associa- be documented by accepted methods . A building erected as a monu- lion. The commemorative property of historical research, including ment 10 an important histori- can qualify for historic association written or oral history, and must meet cal figure would not be eligible only if it is clearly significant in its one or more of the Criteria. if its only value lay in its asso- own right, as stipulated above. ciation with the individual, and it has not come to symbol- Eligible ize values, ideas, or contribu- • A commemorative marker tions valued by the generation erected by a cultural group that erected the monument. that believed the place was the . A commemorative marker site of its origins is eligible if, erected to memorialize an for subsequent generations of event in the community's the group, the marker itself be- history would not qualify sim- came the focus of traditional ply for its association with the association with the group's event it memorialized. historic identity. • A building erected as a monu- ment to an important histori- cal figure will qualify if through the passage of time the property itself has come to symbolize the value placed upon the individual and is widely recognized as a re- minder of enduring principles or contributions valued by the generation that erected the monument. • A commemorative marker erected early in the settlement or development of an area will qualify if it is demonstrated that, because of its relative great age, the property has long been a part of the historic identity of the area. 40 Packet Pg.216 ITEM 6,ATTACHMENT 9 CRITERIA CONSIDERATION G: PROPERTIES THAT HAVE ACHIEVED SIGNIFICANCE WITHIN THE LAST FIFTY YEARS 9 A property achieving significance within the last fifty years is eligible if it is of exceptional importance. UNDERSTANDING Examples of Properties that MUST Examples of Properties that DO NOT Meet Criteria Consideration G: Prop- Need to Meet Criteria Consideration CRITERIA erties that Have Achieved Signifi- G: Properties that Have Achieved cance Within the Last Fifty Years Significance Within the Last Fifty CONSIDERATION • A property that is less than fifty Years years old. •A resource whose construction be- G: PROPERTIES gan over fifty years ago,but the •A property that continues to achieve completion overlaps the fifty year pe- THAT HAVE significance into a period less than rood comple le a few years or less. fifty years before the nomination. ACHIEVED • A resource that is significant for its •A property that has non-contiguous plan or design,which is over fifty SIGNIFICANCE Periods of Significance,one of which years old,but the actual completion nless than fifty years before the of the project overlaps the fifty year WITHIN THE LAST nomination. period by a few years. • A property that is more than fifty .A historic district in which a few FIFTY YEARS years old and had no significance properties are newer than fifty years until a period less than fifty years old, but the majority of properties The National Register Criteria for before the nomination. g� and the most important Period of Evaluation exclude properties that Significance are greater than fifty achieved significance within the last years old. fifty years unless they are of excep- tional importance. Fifty years is a general estimate of the time needed to develop historical perspective and to evaluate significance. This consider- ation guards against the listing of properties of passing contemporary interest and ensures that the National Register is a list of truly historic places. For more information on Criteria Consideration G,refer to National Register Bulletin. Guidelines for Evaluating and Nominating Properties that Have Achieved Significance Within the Last Fifty Years. Packet Pg.217 41 ITEM 6,ATTACHMENT 9 APPLYING The phrase "exceptional impor- VETERANS tance" does not require that the ADMINISTRATION CRITERIA property be of national significance. It is a measure of a property's impor- HOSPITALS CONSIDERATION tance within the appropriate historic context, whether the scale of that Hospitals less than fifty years old G: PROPERTIES context is local,State,or national. that were constructed by the Veterans Bureau and Veterans Administration THATHAVE can be evaluated because the collec- Eligible tion of forty-eight facilities built be- ACHIEVED • The General Laundry Building tween 1920 and 1946 has been ana- in New Orleans, one of the few lyzed in a study prepared by the SIGNIFICANCE remaining Art Deco Style agency. The study provided a historic buildings in that city, was and architectural context for develop- WITHIN THE PAST listed in the National Register meat of veteran's care within which When it was forty years old be- hospitals could be evaluated. 'The ex- FIFTY YEARS cause of its exceptional impor- ceptional importance of specific indi- tance as an example of that ar- vidual facilities constructed within the ELIGIBILITY FOR chitectural style. past fifty years could therefore be de- termined based on their role and their EXCEPTIONAL present integrity. IMPORTANCE HISTORICAL PERSPECTIVE COMPARISON WITH The phrase "exceptional impor- RELATED PROPERTIES tance" may be applied to the extraor- A property that has achieved dinary importance of an event or to significance within the past fifty years In justifying exceptional impor- an entire category of resources so can be evaluated only when sufficient tance,it is necessary to identify other fragile that survivors of any age are historical perspective exists to deter- properties within the geographical unusual. Properties listed that had mine that the property is exception- area that reflect the same significance attained significance in less than fifty ally important. The necessary per- or historic associations and to deter- years include: the launch pad at Cape spective can be provided by scholarly mine which properties best represent Canaveral from which men first research and evaluation, and must the historic context in question. traveled to the moon, the home of consider both the historic context and Several properties in the area could nationally prominent playwright the specific property's role in that become eligible with the passage of Eugene O'Neill, and the Chrysler context. $ Y time,but few will qualify now as Building(New York) significant as the In many communities, properties exceptionally important. epitome of the "Style Moderne" such as apartment buildings built in architecture. the 1950s cannot be evaluated because POST-WORLD WAR II Properties less than fifty years old there is no scholarly research avail- that qualify as exceptional because the able to provide an overview of the PROPERTIES entire category of resources is fragile nature,role,and impact of that include a recent example of a tradi- building type within the context of Properties associated with the post- tional sailing canoe in the Trust historical and architectural develop- World War 11 era must be identified Territory of the Pacific Islands, where ments of the 1950s. and evaluated to determine which because of rapid deterioration of ones in an area could be judged materials, no working Micronesian NATIONAL PARK SERVICE exceptionally important. For ex- canoes exist that are more than twenty RUSTIC ARCHITECTURE ample,a public housing complex may years old. Properties that by their be eligible as an outstanding expres- nature can last more than fifty years Properties such as structures built sion of the nation's post-war urban cannot be considered exceptionally in a rustic style by the National Park policy. A military installation could important because of the fragility of Service during the 1930s and 1 be judged exceptionally important can be evaluated because a broad the class of resources. d because of its contribution to the Cold War arms race. A church building in study, National Park Service Rustic War Southern city may have served as Architecture(1977),provides the the pivotal rallying point for the city's context for evaluating properties of most famous civil rights protest. A this type and style. Specific examples post-war suburban subdivision may were listed in the National Register be the best reflection of contemporary prior to reaching fifty years of age when documentation concerning the siting and design tenets in a metro- politan area. In each case, the nomi- individual properties established their nation preparer must justify the significance within the historical and exceptional importance of the property architectural context of the type and relative to similar properties in the style. community,State,or nation. 42 Packet Pg.218 ITEM 6,ATTACHMENT 9 ELIGIBILITY FOR HISTORIC DISTRICTS PROPERTIES MORE THAN INFORMATION POTENTIAL FIFTY YEARS IN AGE, LESS Properties which have achieved THAN FIFTY YEARS IN A property that has achieved significance within the past fifty years significance within the past fifty years can be eligible for the National SIGNIFICANCE can qualify under Criterion D only if Register if they are an integral part of it can be demonstrated that the a district which qualifies for National Properties that are more than fifty information is of exceptional impor- Register listing. This is demonstrated years old, but whose significant tance within the appropriate context by documenting that the property associations or qualities are less than and that the property contains data dates from within the district's fifty years old,must be treated under superior to or different from those defined Period of Significance and the fifty year consideration. obtainable from other sources,includ- that it is associated with one or more ing other culturally related sites. An of the district's defined Areas of archeological site less than fifty years Significance. Eligible old may be eligible if the former Properties less than fifty years old g • A building constructed early inhabitants are so poorly documented may be an integral part of a district in the twentieth century (and that information about their lifeways When there is sufficient perspective to having no architectural impor- is best obtained from examination of consider the properties as historic. tance),but that was associated the material remains. This is accomplished by demonstrat- with an important person ing that: 1) the district's Period of during the 1950s, must be Significance is justified as a discrete evaluated under Criteria Con- Eligible period with a defined beginning and sideration G because the Pe- end,2) the character of the district's • Data such as the rate of adop- historic resources is clearly defined the of Significance within t tion of modern technological and assessed,3)specific resources in he past fifty years. Such a innovations by rural tenant the district are demonstrated to date property would qualify if the farmers in the 1950s may not from that discrete era, and 4) the person was of exceptional im- be obtainable through inter- majority of district properties are over portance. views with living persons but fifty years old. In these instances,it is could be gained by examina- not necessary to prove exceptional tion of homesites. importance of either the district itself REQUIREMENT TO MEET Not Eligible or the less-than-fifty-year-old proper- THE CRITERIA, ties. Exceptional importance still • A recent archeological site must be demonstrated for district REGARDLESS OF AGE such as the remains of a where the majority of properties or Navajo sheep corral used in the major Period of Significance is less Properties that are less than fifty the 1950s would not be consid- than fifty years old, and for less-than- years old and are not exceptionally ered exceptionally significant fifty-year-old properties which are important will not automatically for its information potential on nominated individually. qualify for the National Register once animal husbandry if better in- they are fifty years old. In order to be formation on the same topic is listed in the National Register,all available through ethno- properties,regardless of age,must be graphic studies or living infor- demonstrated to meet the Criteria for mants. Evaluation. Packet Pg.219 43 ITEM 6,ATTACHMENT 9 VIII. HOW TO EVALUATE THE INTEGRITY OF A PROPERTY INTRODUCTION SEVEN ASPECTS OF DESIGN INTEGRITY Integrity is the ability of a prop- Design is the combination of • Location elements that create the form,plan, erty to convey its significance. To be space,structure,and style of a listed in the National Register of • Design property. It results from conscious Historic Places,a property must not decisions made during the original only be shown to be significant under Setting conception and planning of a prop- the National Register criteria,but it • Materials erty (or its significant alteration) and also must have integrity. The evalua- applies to activities as diverse as tion of integrity is sometimes a • Workmanship community planning,engineering, subjective judgment,but it must • Feeling architecture, and landscape architec- always be grounded in an under- ture. Design includes such elements standing of a property's physical • Association as organization of space, proportion, features and how they relate to its scale, technology,ornamentation,and significance. materials. Historic properties either retain UNDERSTANDING A property's design reflects historic integrity (this is,convey their signifi- functions and technologies as well as cance) or they do not. Within the THE ASPECTS OF aesthetics. It includes such consider- concept of integrity, the National INTEGRITY ations as the structural system; Register criteria recognizes seven massing;arrangement of spaces; aspects or qualities that,in various pattern of fenestration; textures and combinations,define integrity. LOCATION colors of surface materials; type, To retain historic integrity a amount,and style of ornamental property will always possess several, detailin • and arrangement and type and usuallymost,of the aspects. The Location is the place where the g� g YP p historic property was constructed or of plantings in a designed landscape. retention of specific aspects of integ- the place where the historic event Design can also apply to districts, rity is paramount for a property to occurred. The relationship between Whether they are important primarily convey its significance. Determining the property and its location is often for historic association,architectural which of these aspects are most important to understanding why the value,information potential,or a important to a particular property requires knowing why, where,and property was created or why some- combination thereof. For districts thing happened. The actual location significant primarily for historic when the property is significant. The association or architectural value, followingsections define the seven of a historic property, complemented by its setting,is particularly important design concerns more than just the aspects and explain how they com- in recapturing the sense of historic individual buildings or structures bine to produce integrity. events and persons. Except in rare located within the boundaries. It also cases, the relationship between a applies to the way in which buildings, property and its historic associations sites, or structures are related: for is destroyed if the property is moved. example,spatial relationships be- (See Criteria Consideration B in Part tween major features;visual rhythms VII: How to Apply the Criteria Consider- in a streetscape or landscape ations, for the conditions under which plantings; the layout and materials of a moved property can be eligible.) walkways and roads;and the relation- ship of other features,such as statues, water fountains,and archeological sites. 44 Packet Pg.220 ITEM 6,ATTACHMENT 9 SETTING recent structure fabricated to look ASSOCIATION historic is not eligible. Likewise, a Setting is the physical environ- property whose historic features and Association is the direct link ment of a historic property. Whereas materials have been lost and then between an important historic event location refers to the specific place reconstructed is usually not eligible. or person and a historic property. A where a property was built or an event (See Criteria Consideration E in Part property retains association if it is the occurred,setting refers to the character VII: How to Apply the Criteria Consider- place where the event or activity of the place in which the property ations for the conditions under which occurred and is sufficiently intact to played its historical role. It involves a reconstructed property can be convey that relationship to an ob- ltow, not just where, the property is eligible.) server. Like feeling, association situated and its relationship to sur- requires the presence of physical rounding features and open space. WORKMANSHIP features that convey a property's Setting often reflects the basic historic character. For example,a physical conditions under which a Workmanship is the physical Revolutionary War battlefield whose property was built and the functions it evidence of the crafts of a particular natural and manmade elements have was intended to serve. In addition, culture or people during any given remained intact since the 18th century the way in which a property is posi- period in history or prehistory. It is will retain its quality of association tioned in its environment can reflect the evidence of artisans' labor and with the battle. the designer's concept of nature and skill in constructing or altering a Because feeling and association aesthetic preferences. building,structure,object, or site. depend on individual perceptions, The physical features that constitute Workmanship can apply to the their retention alone is never sufficient the setting of a historic property can property as a whole or to its indi- to support eligibility of a property for be either natural or manmade,includ- vidual components. It can be ex- the National Register. ing such elements as: pressed in vernacular methods of • Topographic features (a gorge or construction and plain finishes or in ASSESSING the crest of a hill); highly sophisticated configurations and ornamental detailing. It can be INTEGRITY IN • Vegetation; based on common traditions or • Simple manmade features(paths innovative period techniques. PROPERTIES or fences);and Workmanship is important because it can furnish evidence of the technol- • Relationships between buildings ogy of a craft,illustrate the aesthetic Integrity is based on significance: and other features or open space. principles of a historic or prehistoric why,where, and when a property is These features and their relation- period,and reveal individual,local, important. Only after significance is ships should be examined not only regional, or national applications of fully established can you proceed to p Y p both technolo ical practices and the issue of integrity. within the exact boundaries of the g property,but also between the prop- aesthetic principles. Examples of The steps in assessing integrity are: erty and its surroundings. This is workmanship in historic buildings • Define the essential physical fea- particularly important for districts. include tooling,carving, painting, tures that must be present for a graining, turning,and joinery. Ex- property to represent its signifi- MATERIALS amples of workmanship in prehistoric cance. contexts include Paleo-Indian Clovis projectile points;Archaic period • Determine whether the essential Materials are the physical ele- beveled adzes; Hopewellian birdstone physical features are visible ments that were combined or depos- pipes;copper earspools and worked enough to convey their signifi- ited during a particular period of bone pendants;and Iroquoian effigy cance. time and in a particular pattern or pipes. • Determine whether the property configuration to form a historic p p Y property. The choice and combination FEELING needs to be compared with simi- of materials reveal the preferences of lar properties. And, those who created the property and • Determine, based on the si nifi- indicate the availability of particular Feeling is a property's expression cance and essential physical fea- types of materials and technologies. of the aesthetic or historic sense of a tures, which aspects of integrity Indigenous materials are often the particular period of time. It results are articular) vital to the prop- focus of regional building traditions from the presence of physical features ert particularly nominated and ith and therebyhelp define an area's that, taken together,convey the Y g Y p are resent. sense of time and place. property's historic character. For p A property must retain the key example,a rural historic district Ultimately, the question of integ- exterior materials dating from the retaining original design,materials, rity is answered by whether or not the period of its historic significance. If workmanship,and setting will relate property retains the identity for the property has been rehabilitated, the feeling of agricultural life in the which it is significant. the historic materials and significant 19th century. A grouping of prehis- features must have been preserved. toric petroglyphs, unmarred by The property must also be an actual graffiti and intrusions and located on historic resource, not a recreation;a its original isolated bluff,can evoke a sense of tribal spiritual life. Packet Pg.221 45 ITEM 6,ATTACHMENT 9 DEFINING THE ESSENTIAL of features,artifacts, and spatial in the National Register—a historic PHYSICAL FEATURES relationships to the extent that these concert hall noted for the beauty of its remains are able to illustrate a site auditorium and its fine acoustic type, time period,method of construe- qualities would be the type of prop- is not necessary for a property to All properties change over time. It tion, or work of a master. erty that if it were to lose its interior, it would lose its value as a historic retain all its historic physical features CRITERION D resource. In other cases, the over- or characteristics. The property must arching significance of a property's retain, however, the essential physical exterior can overcome the adverse features that enable it to convey its For properties eligible under historic identitv. The essential Criterion D, including archeological effect of the loss of an interior. physical features are those features sites and standing structures studied In borderline cases particular that define both why a property is for their information potential, less attention is paid to the significance of significant(Applicable Criteria and attention is given to their overall the property and the remaining Areas of Significance) and when it was condition, than it they were being historic features. significant (Periods of Significance). considered under Criteria A, B,or C. They are the features without which a Archeological sites,in particular,do HISTORIC DISTRICTS property can no longer be identified not exist today exactly as they were as, for instance, a late 19th century formed. There are always cultural For a district to retain integrity as a dairy barn or an early 20th century and natural processes that alter the whole, the majority of the compo- commercial district. deposited materials and their spatial nents that make up the district's relationships. historic character must possess CRITERIA A AND B For properties eligible under integrity even if they are individually Criterion D, integrity is based upon undistinguished. In addition, the the property's potential to yield relationships among the district's A property that is significant for its specific data that addresses important components must be substantially historic association is eligible e it research questions, such as those unchanged since the period of signifi- retains the essential physical features identified in the historic context cance. ancthat made up its character is appear- documentation in the Statewide When evaluating the impact of tion during the period of its t, hist r Comprehensive Preservation Plan or intrusions upon the district's integ- al with the important event, histori- in the research design for projects rity, take into consideration the cal pattern, or to (such a If the meeting the Sccretari/of the Interior's relative number, size, scale, design, property is a site (such er a treaty site) Standards for Arclieoloyical Docinnenta- and location of the components that where there are no material cultural tion, do not contribute to the significance. remains, the setting must be intact. A district is not eligible if it contains Archeological sites eligible under INTERIORS so many alterations or new intrusions Criteria A and B must be in overall that it no longer conveys the sense of good condition with excellent preser-vation of features,artifacts,and Some historic buildings are virtu- a historic environment. spatial relationships to the extent that ally defined by their exteriors,and A component of a district cannot p p these remains are able to convey their contribution to the built environ- contribute to the significance if: important associations with events or ment can be appreciated even if their • it has been substantially altered persons. interiors are not accessible. Examples since the period of the district's of this would include early examples significance or CRITERION C of steel-framed skyscraper construc- tion. The great advance in American • it does not share the historic asso- technology and engineering made by ciations of the district. A property important for illustrat- these buildings can be read from the ing a particular architectural style or outside. The change in American construction technique must retain popular taste during the me century, VISIBILITY OF PHYSICAL most of the physical features that from the symmetry and simplicity of FEATURES constitute that style or technique. A architectural styles based on classical property that has lost some historic precedents, to the expressions of High Properties eligible under Criteria materials or details can be eligible if it Victorian styles,with their combina- A,B, and C must not only retain their retains the majority of the features tion of textures, colors,and asym- essential physical features,but the that illustrate its style in terms of the metrical forms,is readily apparent features must be visible enough to massing,spatial relationships,propor- from the exteriors of these buildings. convey their significance. This means tion,pattern of windows and doors, Other buildings "are" interiors. that even if a property is physically texture of materials,and ornamenta- The Cleveland Arcade, that soaring intact,its integrity is questionable if tion. The property is not eligible, 19th century glass-covered shopping its significant features are concealed however,if it retains some basic area,can only be appreciated from the under modern construction. Archeo- features conveying massing but has inside. Other buildings in this logical properties are often the lost the majority of the features that category would be the great covered exception to this; by nature they once characterized its style. train sheds of the 19th century. usually do not require visible features Archeological sites eligible under In some cases the loss of an interior to convey their significance. Criterion C must be in overall good will disqualify properties from listing condition with excellent preservation 46 Packet Pg.222 ITEM 6,ATTACHMENT 9 NON-HISTORIC EXTERIORS SUNKEN VESSELS RARE EXAMPLES OF A PROPERTY TYPE If the historic exterior building A sunken vessel can be eligible material is covered by non-historic under Criterion C as embodying the Comparative information is material (such as modern siding), the distinctive characteristics of a method particularly important to consider property can still be eligible if the of construction if it is structurally when evaluating the integrity of a significant form, features, and detail- intact. A deteriorated sunken vessel, property that is a rare surviving ing are not obscured. If a property's no longer structurally intact, can be example of its type. The property exterior is covered by a non-historic eligible under Criterion D if the must have the essential physical false-front or curtain wall, the prop- remains of either the vessel or its features that enable it to convey its erty will not qualify under Criteria A, contents is capable of yielding signifi- historic character or information. The B,or C,because it does not retain the cant information. For further infor- rarity and poor condition,however,of visual quality necessary to convev mation,refer to National Register other extant examples of the type may historic or architectural significance. Bulletin: Nominating Historic Vessels justify accepting a greater degree of Such a property also cannot be and Shipwrecks to the National Register alteration or fewer features, provided considered a contributing element in a of Historic Places. that enough of the property survives historic district,because it does not for it to be a significant resource. add to the district's sense of time and Natural Features place. If the false front, curtain wall, A natural feature that is associated or non-historic siding is removed and with a historic event or trend,such as Eligible the original building materials are a rock formation that served as a trail intact, then the property's integrity marker during westward expansion, • A one-room schoolhouse that can be re-evaluated. must retain its historic appearance, has had all original exterior unobscured by modern construction siding replaced and a replace- PROPERTY CONTAINED or landfill. Otherwise it is not eli- ment roof that does not exactly WITHIN ANOTHER gible,even though it remains intact. replicate the original roof pro- file can be eligible if the other PROPERTY COMPARING SIMILAR extant rare examples have re- PROPERTIES ceived an even greater degree Some properties contain an earlier of alteration, such as the sub- structure that formed the nucleus for division of the original one- later construction. The exterior For some properties, comparison room plan. property, if not eligible in its own with similar properties should be right,can qualify on the basis of the considered during the evaluation of Not Eligible interior property only if the interior integrity. Such comparison may be . A mill site contains informa- property can yield significant infor- important in deciding what physical tion on how site patterning re- mation about a specific construction features are essential to properties of fleets historic functional re- technique or material,such as that type. In instances where it has quirements,but parts of the rammed earth or tabby. The interior not been determined what physical site have been destroyed. The property cannot be used as the basis features a property must possess in site is not eligible for its infor- for eligibility if it has been so altered order for it to reflect the significance mation potential if a compari- that it no longer contains the features of a historic context, comparison with son of other mill sites reveals that could provide important infor- similar properties should be under- more intact properties with mation,or if the presence of impor- taken during the evaluation of integ- complete information. tant information cannot be demon- rity. This situation arises when strated. scholarly work has not been done on a particular property type or when surviving examples of a property type are extremely rare. (See Comparing Related Properties in Part V: How to Evaluate a Property within its Historic Context.) Packet Pg.223 47 ITEM 6,ATTACHMENT 9 DETERMINING THE RELEVANT ASPECTS OF Not Eligible Eligible INTEGRITY A mid-19th century water- A 19th century wooden covered powered mill important for its bridge, important for illustrating Each type of property depends on association with an area's indus- a construction type,is eligible if: certain aspects of integrity,more than trial development is not eligible pif: • the essential features of its de- others, to express its historic signifi- sign are intact, such as abut- cance. Determining which of the • it has been moved (Location, ments,piers, roof configura- aspects is most important to a particu- Setting,Feeling,and Associa- tion, and trusses (Design, lar property requires an understand- tion), or Workmanship,and Feeling), ing of the property's significance and and its essential physical features. • substantial amounts of new materials have been incorpo- • most of the historic materials CRITERIA A AND B rated (Materials,Workman- are present (Materials,Work- ship,and Feeling), or manship,and Feeling),and A property important for associa- • it no longer retains basic de- • evidence of the craft of tion with an event,historical pattern, sign features that convey its wooden bridge technology re- or person(s) ideally might retain some historic appearance or mains,such as the form and features of all seven aspects of integ- function (Design,Workman- assembly technique of the rity: location, design, setting, materi- ship,and Feeling). trusses (Workmanship). als, workmanship, feeling,and association. Integrity of design and Since the design of a bridge re- workmanship, however,might not be lates directly to its function as as important to the significance, and CRITERION C a transportation crossing, it is would not be relevant if the property also important that the bridgestill be situated over awater- were a site. A basic integrity test for a A property significant under Feel- property associated with an important Criterion C must retain those physi- ng, (Setting,Location,Feel- i event or person is whether a historical cal features that characterize the type, ing and Association). contemporary would recognize the period,or method of construction that Not Eligible property as it exists today. the property represents. Retention of For archeological sites that are design,workmanship,and materials For a 19th century wooden cov- eligible under Criteria A and B, the will usually be more important than ered bridge, important for its seven aspects of integrity can be location, setting,feeling, and associa- construction type, replacement applied in much the same way as they tion. Location and setting will be of some materials of the flooring, are to buildings,structures,or objects. important, however, for those proper- siding,and roofing would not It is important to note, however, that ties whose design is a reflection of necessarily damage its integrity. the site must have demonstrated its their immediate environment (such as Integrity would be lost, however, ability to convey its significance,as designed landscapes and bridges). if: opposed to sites eligible under Crite- For archeological sites that are • the abutments,piers,or trusses rion D where only the potential to eligible under Criterion C, the seven were substantially altered (De- yield information is required. aspects of integrity can be applied in sign,Workmanship,and Feel- much the same way as they are to ing) or buildings,structures,or objects. It is important to note, however, that the • considerable amounts of new Eligible site must have demonstrated its ability materials were incorporated A mid-19th century waterpowered to convey its significance,as opposed (Materials,Workmanship, mill important for its association to sites eligible under Criterion D and Feeling). with an area's industrial develop- where only the potential to yield • Because environment is a ment is eligible if: information is required. strong factor in the design of • it is still on its original site this property type, the bridge would also be ineligible if it no (Location),and longer stood in a place that • the important features of its conveyed its function as a setting are intact(Setting),and crossing (Setting,Location, • it retains most of its historic Feeling,and Association). materials (Materials),and • it has the basic features expres- sive of its design and function, such as configuration, propor- tions,and window pattern (Design). 48 Packet Pg.224 ITEM 6,ATTACHMENT 9 CRITERION D Eligible A lithic scatter site important for For properties eligible under yielding data on lithic technology Criterion D,setting and feeling may during the Late Archaic period not have direct bearing on the can be eligible if: property's ability to yield important information. Evaluation of integrity • the site contains lithic probably will focus primarily on the debitage, finished stone tools, location, design, materials,and hammerstones,or antler perhaps workmanship. flakers (Material and Design), and • the site contains datable mate- Eligible rial (Association). A multicomponent prehistoric Not Eligible site important for yielding data on changing subsistence patterns A lithic scatter site important for can be eligible if: yielding data on lithic technology during the Late Archaic period • floral or faunal remains are would not be eligible if: found in clear association with cultural material (Materials • the site contains natural de- and Association) and posits of lithic materials that are impossible to distinguish • the site exhibits stratigraphic from culturally modified lithic separation of cultural compo- material (Design) or nents (Location). Not Eligible • the site does not contain any g temporal diagnostic evidence A multicomponent prehistoric that could link the site to the site important for yielding data Late Archaic period (Associa- on changing subsistence patterns tion). would not be eligible if: • floral or faunal remains were so badly decomposed as to make identification impossible (Materials),or • floral or faunal remains were disturbed in such a manner as to make their association with cultural remains ambiguous (Association),or • the site has lost its strati- graphic context due to subse- quent land alterations (Location). Packet Pg.225 49 ITEM 6,ATTACHMENT 9 IX. SUMMARY OF THE NATIONAL HISTORIC LANDMARKS CRITERIA FOR EVALUATION A property being nominated to the 3.That represent some great idea NATIONAL National Register may also merit or ideal of the American people; consideration for potential designa- or HISTORIC tion as a National Historic Landmark. Such consideration is dependent upon 4.That embody the distinguishing characteristics of an architectural LANDMARK the stringent application the following distinct set of criteria type specimen exceptionally EXCLUSIONS (found in the Code of Federal Regula_ valuable for a study of a period, tions, Title 36, Part 65). style or method of construction, or that represent a significant, Ordinarily, cemeteries,birthplaces, distinctive and exceptional entity graves of historical figures,properties NATIONAL whose components may lack in- owned by religious institutions or dividual distinction;or used for religious purposes, structures HISTORIC 5.That are composed of integral that have been moved from their parts of the environment not suf- original locations, reconstructed his- LANDMARKS ficiently significant by reason of toric buildings and properties that historical association or artistic have achieved significance within the CRITERIA merit to warrant individual rec- past fifty years are not eligible for des- ognition but collectively compose ignation. If such properties fall The quality of national significance an entity of exceptional historical within the following categories they is ascribed to districts,sites,buildings, or artistic significance,or out- may, nevertheless,be found to structures,and objects that possess standingly commemorate or il- qualify: exceptional value or quality in illus- lustrate a wayof life or culture; trating or interpreting the heritage of or 1. A religious property deriving its the United States in history,architec- primary national significance ture, archeology,engineering, and 6.That have yielded or may be from architectural artistic dis- culture and that possess a high degree likely to yield information of ma- tinction or historicall importance; of integrity of location,design, jor scientific importance by re- or setting,materials,workmanship, vealing new cultures,or by shed- 2. A building or structure removed feeling, and association,and: ding light upon periods of occu- from its original location but pation over large areas of the which is nationally significant 1.That are associated with events United States. Such sites are yielded,or primarily for its architectural that have made a significant con- those which have y merit,or for association with per- tribution to,and are identified which may reasonably be ex- sons or events of transcendent with,or that outstandingly repre- pected to yield,data affecting importance in the nation's his- sent, the broad national patterns theories, concepts and ideas to a tory and the association conse- of United States history and from major degree. quential;or which an understanding and ap- preciation of those patterns may 3. A site of a building or structure be gained;or no longer standing but the per- 2.That are associated importantly son or event associated with it is with the lives of persons nation- of transcendent importance in the p n ally significant in the history of ations's history and the associa- the United States;or tion consequential;or 50 Packet Pg.226 ITEM 6,ATTACHMENT 9 4. A birthplace, grave or burial if it texts are identified similarly;and district. Note that the language is is of a historical figure of tran- comparative evaluation is carried out more restrictive than that of the scendent national significance on the same principles enumerated in National Register Criterion in requir- and no other appropriate site, Part V. ing that a candidate in architecture be building,or structure directly as- There are some differences between "a specimen exceptionally valuable for sociated with the productive life National Register and National the study of a period,style,or method of that person exists;or Historic Landmarks Criteria. The of construction" rather than simply 5. A cemeterythat derives its ri- following is an explanation of how embodying distinctive characteristics each Landmark Criterion compares of a type, period,or method of con- with its National Register Criteria struction. With regard to historic graves of persons of transcendent districts, the Landmarks Criterion importance,or from an exception- counterpart: p p requires an entity that is distinctive ally distinctive design or an ex- CRITERION 1 and exceptional. Unlike National ceptionally significant event;or Register Criterion C, this Criterion will 6. A reconstructed building or en- This Criterion relates to National not qualify the works of a master,per semble of buildings of extraordi- Register Criterion A. Both cover se, but only such works which are nary national significance when properties associated with events. exceptional or extraordinary. Artistic accurately executed in a suitable The Landmark Criterion,however, value is considered only in the context environment and presented in a requires that the events associated of history's judgement in order to dignified manner as part of a res- with the property be ontstandingly avoid current conflicts of taste. toration master plan,and when represented by that property and that no other buildings or structures the property be related to the broad CRITERION 5 with the same association have national patterns of U.S. history. survived;or Thus, the quality of the property to This Criterion does not have a strict 7. A property primarily commemo- convey and interpret its meaning counterpart among the National rative in intent if design,age, tra- must be of a higher order and must Register Criteria. It may seem redun- dition, or symbolic value has in- relate to national themes rather than dint of the latter part of Landmark vested it with its own national the narrower context of State or local Criterion 4. It is meant to cover historical significance;or themes. collective entities such as Greenfield Village and historic districts like New 8. A property achieving national CRITERION 2 Bedford, Massachusetts, which qualify significance within the past 50 for their collective association with a years if it is of extraordinary na- This Criterion relates to National nationally significant event, move- tional importance. Register Criterion B. Both cover ment, or broad pattern of national properties associated with significant development. COMPARING THE people. The Landmark Criterion CRITERION 6 differs in that it specifies that the NATIONAL association of a person to the property in question be an important one and The National Register counterpart HISTORIC that the person associated with the of this is Criterion D. Criterion 6 was property be of national significance. developed specifically to recognize LANDMARKS archeological sites. All such sites must CRITERION 3 address this Criterion. The following CRITERIA AND THE are the qualifications that distinguish This Criterion has no counterpart this Criterion from its National Regis- NATIONALamong the National Register Criteria. ter counterpart: the information It is rarely,if ever, used alone. While yielded or likely to be yielded must be REGISTERnot a landmark at present, the Liberty of major scientific importance by Bell is an object that might be consid- revealing new cultures, or by shedding CRITERIAered under this Criterion. The appli- light upon periods of occupation over cation of this Criterion obviously large areas of the United States. Such y an requires the most careful scrutiny d sites should be expected to yield data In general, the instructions for 0 affecting theories,concepts,and ideas to a preparing a National Register nomina- `'`'ould apply only in rare instances major degree. tion and the guidelines stated in this involving ideas and ideals of the g highest order. The data recovered or expected to bulletin for applying the National be recovered must make a major Register Criteria also apply to Land- contribution to the existing corpus of mark nominations and the use of the CRITERION 4 information. Potentially recoverable Landmark criteria. While there are data must be likely to revolutionize or specific distinctions discussed below, This Criterion relates to National substantially modify a major theme in Parts IV and V of this bulletin apply Register Criterion C. Its intent is to history or prehistory, resolve a sub- equally to National Register listings qualify exceptionally important works stantial historical or anthropological and Landmark nominations. That is, of architecture or collective elements debate, or close a serious gap in a the categories of historic properties are of architecture extraordinarily signifi- major theme of U. S. history or prehis- defined the same way;historic con- cant as an ensemble,such as a historic tory. Packet Pg.227 51 ITEM 6,ATTACHMENT 9 EXCLUSIONS AND events with which 2) the theyons as ociated or EXCLUSION 4 EXCEPTIONSTO are of transcendent national signifi- This exclusion relates to Criteria cance and the association is conse- Consideration C of the National THE EXCLUSIONS quential. Register Criteria. The only difference Transcendent significance means is that a burial place qualifies for an order of importance higher than Landmark designation only if,in This section of the National His- that which would ordinarily qualify a addition to other factors, the person toric Landmarks Criteria has its person or event to be nationally buried is of transcendent national counterpart in the National Register's significant. A consequential associa- importance. "Criteria Considerations." The most tion is a relationship to a building that When evaluating properties at the abundant difference between them is had an evident impact on events, national level for designation as a the addition of the qualifiers "na- rather than a connection that was National Historic Landmark, please tional," "exceptional," or "extraordi- incidental and passing. refer to the National Historic Land- nary"before the word significance. marks outline, History and Prehistory Other than this, the following are the EXCLUSION 3 in the National Park System and the most notable distinctions: National Historic Landmarks Program, EXCLUSION 2 This pertains to the site of a struc- 1987. (For more information about ture no longer standing. There is no the National Historic Landmarks counterpart to this exclusion in the program,please write to Department Buildings moved from their National Register Criteria. In order of the Interior, National Park Service, original location, qualify only if one of for such a property to qualify for National Historic Landmarks, 1849 C two conditions are met: 1) the build- Landmark designation it must meet Street, NW, NC400, Washington, DC ing is nationally significant for the second condition cited for Exclu- 20240.) sion 2. 52 Packet Pg.228 ITEM 6,ATTACHMENT 9 X. GLOSSARY Associative Qualities- An aspect of a Historic Context-An organizing Listing-The formal entry of a prop- property's history that links it with structure for interpreting history erty in the National Register of historic events,activities,or that groups information about Historic Places. See also, Registra- persons. historic properties that share a tion. Code of Federal Regulations- common theme,common geo- Nomination-Official recommenda- Commonly referred to as "CFR." graphical area, and a common time tion for listing a property in the The part containing the National period. The development of National Register of Historic Register Criteria is usually referred historic contexts is a foundation for Places. to as 36 CFR 60, and is available decisions about the planning, from the National Park Service. identification,evaluation,registra- Property Type-A grouping of tion,and treatment of historic properties defined by common CLG -Certified Local Government. properties,based upon compara- physical and associative attributes. Culture -A group of people linked tive historic significance. Registration- Process by which a together by shared values,beliefs, Historic Integrity-The unimpaired historic property is documented and historical associations, together ability of a property to convey its and nominated or determined with the group's social institutions historical significance. eligible for listing in the National and physical objects necessary to Register. the operation of the institution. Historic Property-See Historic Resource. Research Design-A statement of Cultural Resource-See Historic proposed identification, documen- Resource. Historic Resource- Building, site, tation, investigation, or other Evaluation- Process by which the district,object, or structure evalu- treatment of a historic property ated as historically significant. significance and integrity of a that identifies the project's goals, historic property are judged and Identification-Process through methods and techniques,expected eligibility for National Register which information is gathered results, and the relationship of the listing is determined. about historic properties. expected results to other proposed activities or treatments. Packet Pg.229 53 ITEM 6,ATTACHMENT 9 XI. LIST OF NATIONAL REGISTER BULLETINS The Basics How to Apply National Register Criteria for Evaluation Guidelines for Completing National Register of Historic Places Form Part A: How to Complete the National Register Form * Part B: How to Complete the National Register Multiple Property Documentation Form Researching a Historic Property Property Types Guidelines for Evaluating and Documenting Historic Aids to Navigation Guidelines for Identifying, Evaluating and Registering America's Historic Battlefields Guidelines for Evaluating and Registering Historical Archeological Sites Guidelines for Evaluating and Documenting Historic Aviation Properties Guidelines for Evaluating and Registering Cemeteries and Burial Places How to Evaluate and Nominate Designed Historic Landscapes * Guidelines for Identifying, Evaluating and Registering Historic Mining Sites How to Apply National Register Criteria to Post Offices * Guidelines for Evaluating and Documenting Properties Associated with Significant Persons Guidelines for Evaluating and Documenting Properties That Have Achieved Significance Within the Last Fifty Years Guidelines for Evaluating and Documenting Rural Historic Landscapes * Guidelines for Evaluating and Documenting Traditional Cultural Properties Nominating Historic Vessels and Shipwrecks to the National Register of Historic Places Technical Assistance Defining Boundaries for National Register Properties* Guidelines for Local Surveys: A Basis for Preservation Planning How to Improve the Quality of Photographs for National Register Nominations National Register Casebook: Examples of Documentation Using the UTM Grid System to Record Historic Sites To order these publications,write to: National Register of Historic Places,National Park Service,1849 C St.,NC 400,NW,Washington,D.C. 20240,or e-mail at: nr_reference@nps.gov.Publications marked with an asterisk(*)are also available in electronic form at www.cr.nps.gov/nr. rJ4 1., U.S.GOVERNMENT PRINTING OFFIC 2005-717-7" Racket Pg.230 ITEM 6,ATTACHMENT 11 5. Cityof i .r b - • 1 Fort Collins Role of •ric Preservation Commission HPC Hearing#1: Determination if property meets requirements of Chapter 14,Article II • Owners do not support Landmark designation • Adopt a Resolution stating whether the property is eligible for designation • If no, process is terminated, and decision is final (subject to appeal) • If yes, process continues to 2nd hearing; decision is not final Is the proposed resource eligible for designation? (Sec. 14-22) • Significance • Integrity 2 Packet Pg.231 ITEM 6,ATTACHMENT 11 'Fort • Process Overview: Non-Owner Initiated Landmark Designation Stall requests Designation owner consent to do"d—exbated by ",tvulion 3*COY re3.O K tl Obtlby penoo. canbew°reel WE ARE HERE Staff checks for appbC'duM compleBon x agex HPC hdtls public hearmq Nobdrg regdreq Sla/l forward: n ermH aces to det—Ine d exglde N Sec requ°eo ISec 14-3di apolralion to HPC nd cmaem under Sec 14.22 (Sec t4.34. HPC ndas 2rld enearing to detitermine if r HPC adod Desgnabgn° g � .10Wg slating I'detarmnM P.M.. m Sec.l b t and 2to luebf) exdde ww'.resourC. HOT 69lda pmcedWe terminated eesgnabon over obpcbm of Owner are eligible (appealadei hnn Reap H q6 d�lrm(_M. xO-cnMna aOap1M by NPC nd aatafea Desgnalbn HPC adopts resdulian City Counul odds n nong to eetennlne ttld prOCedWBt&IIIIndIBd fecommBneug lrlB 1MtMn 1S days OfHPC eligible Unller$ep 14-22 die 12l i1 dBL-0M loot appealadel despnabon to City County recommendation advances paiues and purposes m Sec+d-1 To 2 to lusbry desgnaxon 0 abath * aa,.,O Counul adods Orea+ance for Cfty of Fort desgnabon ono recording steps occur 3 Collins 1_� Summary Timeline March 3,2022 Developer(Raising Cane's)submits conceptual development review for property, initiating historic survey requirement April 22,2022 Historic survey completed and provided to developer&owner,finding property Eligible May 2,2022 Appeal of finding from owner July 20,2022 HPC finds property Eligible under Standards 1 and 2;owner appeals finding September 20,2022 City Council upholds HPC decision November 17,2022 Complete Landmark Nomination submitted by applicant group December 30,2022 Following confirmation of availability, notice of hearing sent to owners by first-class mail (hearing information also sent to owners and applicants via email) January 1,2023 Notice of hearing requested for publication in Coloradoan January 11,2023 HPC work session January 18,2023 HPC Landmark Designation Hearing 1 for 1802 N College Ave. 4 Packet Pg.232 ITEM 6,ATTACHMENT 11 Oty of Fort Collins Location �eozNcai.9. _ 1 y a geAve 1 r Legend O NhtaK Rewurc•s - _N•aa S.y 3 ow•wn wm..navry ! Ia ,fa [iprcuo�qra�re< . w�wr•sow•��rw 5 • ollins Background • Constructed 1961 by Maurice L. Deines • Two sporting goods stores in 1960s • Purchased by Frank Perez in 1969 - SUMMARY OF KNOWN EXTERIOR ALTERATIONS $12,500"masonry store ,. 1961— Maurice L.Dairies building' ^ �Im Interior remodel of 1969 -- 40'x30'rectangle New entrance addition on y \C' front(5'x6')and center zc'- s•. - 1975 --Perez rear addition(16'x13') rk:.. :? 1992 -- Perez 2nd rear addition 4 `• Free-standing sign 2010— Perez removed 6 Packet Pg.233 City of Fort Coltins `�` Historic Photo and Footprint ,. 1976 Tax Assessor • • • • • Assessor •• • . City of rt�lins Facade (West Elevation) and Rear(East Elevation) OPEN 1 Fort Unique architectural features f Ak 1 City of rt�lins North Elevation - - J PP = South714 • • (showing additions) North . • from • ITEM 6,ATTACHMENT 11 City of Fort Collins Response to Work Session Request for Information 1. FOR STAFF:In application,clarification on how integrity is measured in Standard 1/2 cases 1. Typically use NR Bulletin 15(see page 48) 1. Standards 1(Criterion A),Events/Trends and Standard 2(Criterion B),Persons/Groups 1. NPS emphasizes eligibility when an important property: 1. Is still in its historic location(Location) 2. Important features of its setting are intact(Setting) 3. It retains most of its historic materials(Materials) 4. It has the basic features expressive of its design and function(configuration, proportions,window pattern,etc.)(Design) 2. NPS emphasizes lack of eligibility when an important property: 1. Has been moved(Location) 2. Has had significant amounts of new materials incorporated since the historic period(Materials) 3. No longer retains basic design features that convey its historic appearance(Design) 11 Cityof Fort Collins Response to Work Session Request for Information (cont) 1. Response Requested from for Hearing#2(February 15) 1. FOR APPLICANT AND/OR OWNER: Information on potential future development or use(by owner or applicants if designation is recommended)? 2. FOR STAFF:If designation is completed,and modifications are required for modern use,how is that handled? 1. In short,only applies if the property is designated,and processed through the standard design review outlined in Chapter 14,Article IV. 12 Packet Pg.236 ITEM 6,ATTACHMENT 11 City f Fort Collins Questions for • Consider • Does the property have sufficient significance to be a Fort Collins Landmark? • If so, does it have sufficient integrity under enough aspects of integrity to qualify to be a Fort Collins Landmark? 13 • ollins Recommendation Nomination application is complete • Application meets minimum requirements for documentation • 3 supporting Fort Collins residents Recommend against eligibility under Standard 3 (Design/Construction)and Standard 4 (Information Potential). Standard 1 (Events/Trends)and Standard 2 (Persons/Groups)appears supported as established in previous historic survey appeal proceedings and original historic survey. 14 Packet Pg.237 ITEM 6,ATTACHMENT 11 City f Fort Collins HPC Role—Hearing Determine whether criteria of Municipal Code Sec. 14-22 are satisfied: • Is the proposed resource eligible for designation? • Significance • Integrity Adopt a motion for a written resolution either: • Recommending the property is eligible and moving to the 2nd hearing; or • Recommending the property is not eligible, ending the process (subject to appeal) 15 ' I OPPP- 16 Packet Pg.238