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HomeMy WebLinkAbout04/23/2014 - Landmark Preservation Commission - Agenda - Work SessionPlanning, Development & Transportation LANDMARK PRESERVATION COMMISSION WORK SESSION 281 N. College Avenue - First Floor 281 Conference Room AGENDA April 23, 2014 5:00 p.m. Commission’s Dinner 5:30 p.m. Call Work Session to Order and Roll Call 1. Discussion: Old Town Fort Collins Design Standards – Josh Weinberg 2. Discussion: 2014 Friend of Preservation Awards – Karen McWilliams 3. Discussion: Historic Preservation Program Improvements – Additional Revisions – Karen McWilliams 4. Discussion: Poudre River Resources – Ron Sladek, LPC Chair 5. Other Business: Forum 2014 Adjourn For additional information please contact: Community Development and Neighborhood Services Department 281 N. College Avenue, Fort Collins, CO 970-224-6078 or kmcwilliams@fcgov.com 1 OLD TOWN HISTORIC DISTRICT DESIGN STANDARDS FORT COLLINS, COLORADO State2014 Historical Fund, History Colorado, the Colorado Historic Project #2013-M2-032 Draft #1d March, 2 page left intentionally blank 3 Credits This project was paid for in part by the State Historical Fund Grant from History Colorado, the Colorado Historical Society. Project # 2013-M2-032 Prepared by: Winter & Company 1265 Yellow Pine Avenue Boulder, CO 80304 303.440.8445 www.winterandcompany.net 4 TABLE OF CONTENTS III. DESIGN STANDARDS FOR THE TREATMENT OF HISTORIC RESOURCES Architectural Details 43 Materials and Finishes 47 Windows 50 Doors and Entries 55 Commercial Storefronts 57 Historic Roofs 59 Exposed Historic Foundations 59 Loading Docks 60 Color 60 Existing Additions 62 New Additions and Accessory Structures 62 Planning for Energy Efficiency 64 Accessibility 68 Phasing Preservation Improvements 68 Temporary Stabilization Treatments 69 Existing Historic Alterations 69 IV. DESIGN STANDARDS FOR ALL PROPERTIES Awnings and Canopies 73 Street Layout 74 Outdoor Use Areas 74 Handrails and Enclosures 75 Art and Historic Properties 76 Site Lighting 76 Building Lighting 77 Service Areas 78 Surface Parking 78 Buffers 79 Building Equipment 79 Security Devices 80 Color 82 Archeological Resources 82 INTRODUCTION Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 About This Document 4 What are Design Standards 4 Why Have Design Standards 4 Policies Underlying the Design Standards 5 Sustainability - Social, Economic and Environmental Benefits of Historic Preservation 7 The Development of Old Town Fort Collins 9 1. USING THE DESIGN GUIDELINES Design Review System 15 Where the Design Standards Apply 16 Design Standards Organization 17 II.. PLANNING A PRESERVATION PROJECT What Does Historic Preservation Mean 23 Planning a Preservation Project 24 Old Town Fort Collins Case Studies 29 Designing in Context 38 Historic Architectural Styles 39 Overarching Preservation Principles 40 5 C 2013 Noré Winter (sketch material content) V. DESIGN STANDARDS FOR NEW CONSTRUCTION Overview 85 Building Placement and Orientation 86 Architectural Character and Detail 87 Building Mass, Scale and Height 89 Building and Roof Forms 92 Entrances 93 Materials 94 Windows 95 Energy Efficiency in New Designs 97 Energy Efficiency in Building Massing 99 Environmental Performance in Building Elements 100 Solar and Wind Energy Devices 100 VI. DESIGN STANDARDS FOR SIGNS Overview 103 Treatment of Historic Signs 104 Sign Installation on a Historic Building 105 Design of New and Modified Signs 106 Design of Specific Sign Types 107 Awning Sign 107 Interpretive Sign 107 Murals 108 Tenant Panel or Directory Sign 109 Projecting/Under-Canopy Sign 109 Flush Wall Sign 110 Window and Door Sign 111 Kiosks 112 Other Sign Types 112 Illumination 112 6 7 INTRODUCTION 8 9 Old Town Fort Collins | March 2014 3 DRAFT Overview Fort Collins is recognized for its rich collection of his- toric resources. They are enjoyed by residents, business owners and visitors as links to the city’s heritage while also setting the stage for a vibrant future. Preserving these assets is essential to Fort Collins’ well being. A key collection of these historic resources is found in the Old Town Historic District which is a place with special meaning for Fort Collins. Once the core of business activity, the brick and stone fa- cades provide a link with the past. The ornamental cornices, brackets, and lintels are records of the skilled craftsmen who worked to build Fort Collins at the turn of the century. The community recognizes the significance of the Old Town Historic District as an important cultural resource. They wish to preserve the inherent historic elements of individual buildings as a cultural record for future generations and to maintain the sense of place that exists. Responding to this sentiment the City Council designated the area an official locally designated historic district in 1979. Previously, in 1978, the Secretary of the Interior also entered a somewhat larger Old Town Historic District into the National Register of Historic Places. The Landmark Preservation Commission and city staff have the responsibility to review the proposed changes in the area and determine their compliance with the design standards. The design standards are to be used by the Landmark Preservation Com- mission and city staff to review any design changes to the exterior of buildings within the Old Town Historic District. They are also for designers and owners who are planning projects within the dis- trict. Today, many of the historic resources found within the Old Town Historic District have been reha- bilitated and the district is thriving. The document highlights the success stories of past projects and the positive impact they have had. While rehabilita- tion will continue in the district, additions and infill construction are also anticipated. The standards are intended to promote creativity that respects the heritage of the area. They therefore encourage development that contributes to the quality of the district. The historic preservation design standards promote the community’s vision for sustainable preservation. The standards provide direction for rehabilitation, alteration, expansion and new construction projects involving locally-designated individual historic land- marks and properties in locally-designated historic districts. They also guide city staff and the Landmark Preservation Commission’s evaluation of such projects, helping the city and property owners maintain the special qualities of Fort Collins’ history. Financial Assistance 4 Introduction DRAFT About this Document WHAT ARE DESIGN STANDARDS? The standards convey general policies about the rehabilitation of existing structures, additions, new construction and site work. They define a range of appropriate responses to a variety of specific design issues. WHY HAVE DESIGN STANDARDS? One purpose of the standards and the review process through which they are administered is to promote preservation of the historic, cultural and architectural heritage of the Old Town Historic District. An essential idea is to protect historic resources in the district from alteration or demolition that might damage the unique fabric created by buildings and sites that make up the Old Town Historic District. The standards also promote key principles of urban design which focus on maintaining an attractive human- scaled pedestrian-oriented environment. The design standards also provide a basis for making consistent decisions about the treatment of historic resources and new infill within the district. Designing a new building to fit within the historic character of Old Town requires careful thought. Preservation in a historic district context does not mean that the area must be “frozen” in time, but it does mean that, when new building occurs, they shall be in a manner that reinforces the basic visual characteristics of the his- toric district. In addition, they serve as educational and Why Do We Preserve Historic Resources? We preserve historic resources for these reasons: » To honor our diverse heritage » To support sound community planning and development » To maintain community character and support livability » To support sustainability in our community planning tools for property owners and their design professionals who seek to make improvements. While the design standards are written for use by the layperson to plan improvements, property own- ers are strongly encouraged to enlist the assistance of qualified design and planning professionals, including architects and preservation consultants. These standards seek to manage change so the historic character of the district is respected while accom- modating compatible improvements. They reflect the city’s goals to promote economic and sustainable development, enhance the image of the city and reuse historic resources. Note In this document, “Old Town” refers to the area officially designated as the local historic district, in contrast to a more general reference to a larger portion of the downtown. 11 Old Town Fort Collins | March 2014 5 DRAFT Background POLICIES UNDERLYING THE DESIGN STANDARDS Several regulations and policy documents establish the foundation for the standards, including: City Plan Fort Collins, February 15, 2011 Historic Preservation Principle LIV16: The quality of life in Fort Collins will be enhanced by the preservation of historic resources and inclusion of heritage in the daily life and development of the community. Policy LIV 16.1 – Survey, Identify, and Prioritize Historic Re- sources. Determine what historic resources are within the Growth Management Area, how significant these resources are, the nature and degree of threat to their preservation, and methods for their protection. Policy LIV 16.2 – Increase Awareness. Increase awareness, understanding of, and appreciation for the value of historic preservation in contributing to the quality of life in Fort Collins. Policy LIV 16.3 – Utilize Incentives. Use incentives to encourage private sector preservation and rehabilitation of historic resources. Policy LIV 16.4 – Utilize Planning and Regulations. Recog- nize the contribution of historic resources to the quality of life in Fort Collins through ongoing planning efforts and enforcement regulations. Policy LIV 16.5 – Encourage Landmark Designation. Actively encourage property owners to designate their properties as historic landmarks. Policy LIV 16.6 – Integrate Historic Structures. Explore opportunities to incorporate existing structures of historic value into new development and redevelopment activities. Principle LIV17: Historically and architecturally significant buildings Downtown and throughout the community will be valued and preserved. Policy LIV 17.1 – Preserve Historic Buildings. Preserve his- torically significant buildings, sites and structures throughout Downtown and the community. Ensure that new building design respects the existing historic and architectural character of the surrounding district by using compatible building materials, colors, scale, mass, and design detailing of structures. Policy LIV 17.2 – Encourage Adaptive Reuse. In order to capture the resources and energy embodied in existing buildings, support and encourage the reuse, and adapta- tion of historically significant and architecturally important structures, including but not limited to Downtown buildings, historic homes, etc. Policy LIV 17.3– Ensure Congruent Energy Efficiency. Ensure that energy efficient upgrades contribute to or do not lessen the integrity of historic structures. Consider attractive means of achieving efficiency such as installing storm windows. Land Use Code Section 3.4.7 Historic and Cul- tural Resources Section 3.4.7 provides standards for preservation and treatment of historic properties and their incorpora- 6 Introduction DRAFT THE SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION The City of Fort Collins requires the rehabilitation projects to be in conformance with the Secretary of the Interior’s Standards and Guidelines for Rehabilitating Historic Buildings as noted in the Land Use Code. The Secretary of the Interior’s Standards for the Rehabilitation are general rehabilitation standards established by the National Park Service for historic properties. It is the intent of this document to be compatible with The Secretary of the Interior’s Standards while expanding on the basic rehabilitation principles as they apply in Fort Collins. “1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. For More Information For more information on national treatments underlying the preservation standards, see The Secretary of the Interior’s Standards for the Rehabilitation: http://www.nps.gov/history/hps/tps/standguide/ rehab/rehab_index.htm For More Information: See the following web links to National Park Ser- vice Preservation Briefs and Tech Notes: http://www.nps.gov/tps/how-to-preserve/briefs. htm http://www.nps.gov/tps/how-to-preserve/tech- notes.htm 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where feasible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project Old Town Fort Collins | March 2014 7 DRAFT Historic Preservation and Sustainability SUSTAINABILITY - SOCIAL, ECONOMIC AND ENVIRONMENTAL BENEFITS OF HISTORIC PRESERVATION Preserving and enhancing historic places promotes the three basic components of sustainability. These are: (1) Cultural/Social Sustainability, (2) Environmental Sustainability and (3) Economic Sustainability. Each of the components is described in greater detail in the following pages. Preserving historic places promotes the three basic categories of sustainability. Environmental Sustainability Economic Sustainability Cultural/Social Sustainability SUSTAINABILITY Cultural/Social Component of Sustainability This component relates to the maintenance of the community’s cultural traditions and social fabric. Pre- serving historic places and patterns promotes cultural and social sustainability by supporting everyday con- nections between residents and the cultural heritage of the community. These connections are reinforced by the physical characteristics of historic places, which often directly support environmental sustainability. Historic properties in the district provide direct links to the past. These links convey information about earlier ways of life that help build an ongoing sense of identity within the community. Residents anchored in this sense of identity may be more involved in civic activities and overall community sustainability efforts. The historic development pattern of the district pro- motes social interaction that supports a high quality of life and helps build a sense of community. The area is compact and walkable, providing for impromptu mix- ing of different cultural and economic groups. Direct connections to the public realm provide opportunities for community interaction. This physical pattern, com- bined with the inherent cultural connections, provides significant support for the community’s overall sustain- ability effort. Environmental Component of Sustainability This is the most often cited component of sustainability. It relates to maintenance of the natural environment and the systems that support human development. Re- habilitation of historic resources is an important part of environmental sustainability and green building initia- tives. It directly supports environmental sustainability through conservation of embodied energy, adaptability, and other factors that keep historic buildings in use over long periods of time. Embodied Energy Embodied energy is defined as the amount of energy used to create and maintain the original building and its components. Preserving a historic structure retains 8 Introduction DRAFT Building Materials Many of the historic building materials used in the dis- trict contribute to environmental sustainability though local sourcing and long life cycles. Buildings constructed with wood and masonry were built for longevity and ongoing repair. Today, new structures utilize a signifi- cant percentage of manufactured materials. These ma- terials are often less sustainable and require extraction of raw, non-renewable materials. High levels of energy are involved in production, and the new materials may also have an inherently short lifespan. The sustainable nature of historic building materials is best illustrated by a window: older windows were built with well seasoned wood from durable, weather resistant old growth forests. A historic window can be repaired by re-glazing as well as patching and splicing the wood elements. Many contemporary windows cannot be repaired and must be replaced entirely. Repairing, weather-stripping and insulating an original window is generally as energy efficient and much less expensive than replacement. Landfill Impacts According to the Environmental Protection Agency, building debris constitutes around a third of all waste generated in the country. The amount of waste is reduced significantly when historic structures are retained rather than demolished. Economic Component of Sustainability This component of sustainability relates to the economic balance and health of the community. The economic benefits of protecting historic resources are well documented across the nation. These include higher property values, job creation in rehabilitation industries, and increased heritage tourism. Quality of life improvements associated with living in historic districts may also help communities recruit desirable businesses. Historic Rehabilitation Projects Historic rehabilitation projects generate both direct and indirect economic benefits. Direct benefits result from the actual purchases of labor and materials, while material manufacture and transport results in indirect benefits. Preservation projects are generally more labor intensive, with up to 70% of the total project budget being spent on labor, as opposed to 50% when compared to new construction. Expenditure on local labor and materials benefits the community’s economy. Historic Preservation and Sustainability By preserving existing buildings and guiding compatible redevelopment, the Design Stan- dards promote the three key elements of com- munity sustainability: » Cultural/Social Sustainability. Preserv- ing historic places and patterns promotes cultural and social sustainability by supporting everyday connections between residents and the cultural heritage of the community. It also enhances livability in the community. Old Town Fort Collins | March 2014 9 DRAFT The Development of Old Town Fort Collins HISTORY The opening of the Overland Stage Line between Denver and Wyoming, in the early 1860s, necessitated the construction of military forts to protect coaches and immigrant trains from the threat of Indian attacks. Entering the Cache La Poudre River Valley in 1862, the 9th Kansas Volunteer Cavalry set up camp in the vicinity of Laporte, Colorado. In 1864, due to severe flooding of the Cache La Poudre and a series of military command changes, the outpost, known as Camp Col- lins, was moved to the area just southeast of the old Fort Collins Power Plant. The founding of the military post attracted citizens wishing to open mercantile establishments and thereby capitalize on trading with the nearby soldiers. Joseph Mason was the first to obtain permission from the War Department to build a store on the four-mile-square military reservation. His structure was erected in 1865 on land that later became the Linden/Jefferson inter- section. Called “Old Grout,” it served as a settler’s store, church, post office, community center, and later as the county offices and courthouse. Old Town claims the site as the foundation for the City of Fort Collins. Two other notable structures built in the area include Auntie Stone’s cabin/hotel and a flour mill. The establishment of this commercial district neces- sitated the platting of the town’s first streets. In 1867- 1868, Jack Dow and Norman H. Meldrum surveyed the area and set up streets that ran parallel to the major environmental landmark, the Cache La Poudre River. However, the influx of proprietors to Fort Collins, and specifically the Old Town area, was certainly not a stampede because when the fort closed in 1866, there were scarcely a dozen civilians in town. The subsequent departure of the soldiers put the town’s future in ques- tion. The town and its business district languished until the mid-1870s. In retrospect, the prosperity of the town was assured in an incident, called by Ansel Watrous in his History of Larimer County, “perhaps the most notable event in the early history of Fort Collins.” In the fall of 1872 the agricultural colony was established. General R. A. Cameron, originator of the Union Colo- ny in Greeley, spearheaded the drive for Fort Collins’s Agricultural Colony. The purpose of the new commune was for it to be the crop-raising group for the settlers at the Union Colony. Working with the earlier settlers of Fort Collins, the officers of the new colony organized the Larimer County Land Improvement Company. The goal of the company was to encourage settlement of the Fort Collins area. Within two months of their arrival, the company had acquired enough land for their surveyor to come in and plat new city streets. For this job they chose a young New Yorker, Franklin C. Avery, who had also platted the Union Colony. Mr. Avery, utilizing the latest techniques in city planning, laid the streets according to the cardinal points of the 10 Introduction DRAFT The decades of the 1880s and nineties saw the addition of ornately decorated buildings like the Miller Block and the Linden Hotel. Other distinctive buildings, like the City Hall /Fire Station, added uniqueness to this area. In 1887 electric lights and the town’s first telephone enhanced Old Town’s status as the mercantile center for Fort Collins. In 1897 the Avery Building provided the link between Old Town and New Town. An early competition developed between the business people in Old Town and those with businesses near the intersec- tion of College and Mountain. The new Avery Building was a bridge that joined these two shopping areas together. But the competition between the two areas was to remain strong throughout the next century. The new century, however, brought other problems to Old Town. The Post Office, with its accompanying pedestrian traffic and long an institution in one building or another in the triangle, moved to the corner of Oak and College. Mr. Avery crossed Mountain Avenue to build yet another structure for his rapidly expanding First National Bank. By the 1900s Fort Collins was the well-settled home of Colorado’s first land-grant college, the possessor of a notable in-town railway transit system, and a very popular spot in northern Colorado for urbanite and farmer alike. On the direct railroad line between Den- ver and Cheyenne, the passenger depot on Jefferson Street in Old Town welcomed contented old-timers of the community and diverse newcomers: academic, agricultural, and financial. Fort Collins’ residents were served well by Old Town, whose offerings ranged from commodities and services found in eastern cities to items more commonly located in agricultural com- munities. These ranged from hotel accommodations, banks and restaurants to hardware stores, feed, coal and hay shops. 1889 Bird’s Eye view of Old Town Miller Block (1889) Linden Hotel (1908) Old Town (1900) 17 Old Town Fort Collins | March 2014 11 DRAFT The major retail businesses left the interior of the triangle to locate along College Avenue frontage in the early 1920s in response to the advent of an auto- oriented population. Other, smaller businesses soon thought it was more advantageous to move along College Avenue. After World War II the area was beginning to show signs of aging and decay. During the 1950s and 1960s, Old Town became home to social services organiza- tions, automobile maintenance facilities, and some limited retail. It also housed a collection of taverns and some low-cost housing. Revitalization began in the 1980s, with individual inves- tors who saw opportunities in rehabilitating the historic structures in the area. The Secretary of the Interior listed the Old Town Historic District in the National Register in 1978. This included all of the land area that was later (1979) designated as the local historic district, but also extended farther north to include the original fort site. This made federal income tax credits available for the certified rehabilitation of historic structures in the area. With the city’s designation of the local historic district in 1979, a formal design review process was established to assure that historic buildings would be preserved and that new construction would be compatible with the historic context. Individual investment efforts attracted more invest- ment, and in 1985 Old Town Associates proposed a redevelopment plan that included rehabilitation of several historic buildings, erection of new infill build- ings and construction of a pedestrian area for a portion of Linden Street. Revitalization continued through the turn of the twenty-first century, with substantial participation of the City of Fort Collins and the Down- town Development Authority. By 2013, the Old Town Historic District was well-established as a center for dining, retail and entertainment as well as housing and professional offices. Fort Collins’ Old Town is a reminder of its early pioneer settlement. It was established by people who purchased lands from a real estate company in order to ward off the loneliness of the prairies, to profit by the experience and expertise of their new neighbors, and to furnish their families with social amenities that were long in coming to communities situated farther east on the Great Plains. Old Town demonstrates how these people settled a new area and used local materials to decorate it with styles current in the East, creating a substantial, as well as unique, latter nineteenth-century American community. HISTORIC DEVELOPMENT PATTERNS Old Town retains many framework elements from its early history but other features have changed. The fact that it has remained dynamic is a part of its heritage. For this reason, remaining resources which help to interpret that span of human occupation and use are valued. While a row of historic buildings may be easily un- 12 Introduction DRAFT Circa 1920’s image of Old Town Fort Collins Historic District. Streets that run at an angle to the standard grid pattern of the rest of town give the Old Town Historic District a distinct triangular shape that is clearly visible. The River District is visible in this image as well. (Aerial image looking south east.) Jefferson ST Linden ST Mountain AVE Walnut ST North College AVE Pine ST 19 1 USING THE DESIGN STANDARDS 20 21 DRAFT Old Town Fort Collins Design Guidelines | March 2014 15 Design Review System The Landmarks Preservation Commission and City staff shall take these factors into consideration when reviewing proposed work: › The significance of the property › The context, with respect to other historic properties › The location of any key, character-defining features › The condition of those features › The landmark status › Eligibility status In addition, there are many cases in which the stan- dards state that one particular solution is preferred, such as for the replacement of a damaged or missing feature, but the text further notes that some alterna- tives may be considered if the preferred approach is not feasible. In determining such feasibility, the city will also consider: › The reasonable availability of the preferred material › The skill required to execute the preferred approach › The quality, appearance and character of alternative solutions, such as new materials. TERMS RELATED TO COMPLIANCE When applying design standards, the City has the abil- ity to balance a combination of objectives and intent statements that appear throughout the document, in the interest of helping to achieve the most appropriate design for each project. Because of this, and the fact that the design standards are also written to serve an educational role as well as a regulatory one, the language sometimes appears more conversational than that in the body of the City Code. To clarify how some terms are used, these definitions shall apply: Standard In this document the term “standard” is a criterion with which the City will require compliance when it is found applicable to the specific “land-use activity.” Shall Where the term “shall” is used, compliance is specifi- cally required to the “maximum extent feasible,” when the statement is applicable to the proposed “land-use activity.” “Maximum extent feasible” shall mean that no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize po- tential harm or adverse impacts have been undertaken. Should The term “should” is frequently used in the standards. This indicates that compliance is specifically required to the “extent reasonably feasible”, except in condi- tions in which the city finds that the standard is not applicable, or that an alternative means of meeting the intent of the standards is acceptable. In this sense, “should” means “shall,” but only to the extent reason- ably feasible. ‘Extent reasonably feasible’ shall mean that, under the circumstances, reasonable efforts have 16Standards Using the Design DRAFT Where the Design Standards Apply The design standards apply to all properties within the Old Town Historic District. They also apply to Local Landmark Eligible properties and Local Landmark properties within the River District. These areas and properties are identified on the map below. North NTS Map Key National Register District Old Town Historic District River District 23 DRAFT Old Town Fort Collins Design Guidelines | March 2014 17 Design Standards Organization DESIGN REVIEW TRACKS The design standards chapters are grouped into three “tracks” for purposes of design review. Staff will deter- mine which track a project will follow. (See the chart on the following page.) These are: › Preservation Track › New Building Track › Other Improvements Track Follow these steps to get started: Step 1 What Type of Improvement? Determine the nature of the improvements that are planned. There are three categories: Existing Building If improvements are planned to an existing building, determine if it has historic significance or not. This will influence which review track applies. New Building Will the planned improvements include construction of a new building? If so, then the “New Construction Track” applies. This includes a new structure to be erected on a vacant lot; adding a new structure to a lot with an existing building on it; or providing an addi- tion to an existing noncontributing building where one already exists. Other Work Site improvements, signs and other miscellaneous projects follow this third track. Step 2 What Type of Existing Building? All existing structures in the Old Town Historic District are classified with respect to their historic significance, using criteria established by the National Park Service. The city will work with the property owner to confirm the status of historic significance. Two classifications are used: Contributing Property A “contributing” property is one determined to be historically significant. It is so because it was present during the period of significance and possesses suf- ficient integrity to convey its history, or is capable of yielding important information about that period. Note that some properties may have experienced some degree of alteration from their historic designs. These alterations may include window replacement, cornice removal, a porch enclosure or covering of a building’s historic materials. Nonetheless, these altered properties retain sufficient building fabric to still be considered contributors. For all contributing properties, the Preservation Track shall apply. Noncontributing Property The classification of “noncontributing” applies to existing buildings that do not possess sufficient and/ or exterior integrity necessary for designation, and are considered noncontributing to a district. The New Construction Track applies to these properties, except as noted below. Noncontributing, but Restorable In some cases, an older noncontributing property 18Standards Using the Design DRAFT WHICH TRACK APPLIES? The standards are organized into groups of chapters that represent “tracks” for different types of improvements. This chart defines the track that will apply to a specific proposal. New Building Existing Building Step 1 Restorable Non- Applicable Step 2 Noncontributing Other Track Other New Bldg. Track Contributing Preservation Track WHICH CHAPTERS APPLY? Use this chart to determine which chapters of the design standards apply to a proposed improvement project. Some projects will include work in more than one track, in this case a combination of chapters will apply. TYPE OF WORK SECTION TO USE: Introduction I. Using the Design Standards II. Planning a Preservation Project III. Design Standards for the Treatment of Historic Resources IV. Design Standards for All Properties V. Design Standards for New Construction VI. Design Standards for Signs Preservation Track Rehabilitate a contributing property 4 4 4 4 4 (1) (1) Restore a noncontributing property 4 4 4 4 4 (1) (1) New Building Track Improve a noncontributing property 4 4 4 4 (1) DRAFT Old Town Fort Collins Design Guidelines | March 2014 19 Permitted and Prohibited Solutions In many cases, images and dia- grams in the historic preservation standards are marked to indicate whether they represent permitted or prohibited solutions 4 A check mark indicates permitted solutions. 8 An X mark indicates solutions that are prohibited. DESIGN STANDARDS FORMAT The historic preservation standards are presented in a standardized format as illustrated below. Each of the components is used by the city to determine compliance. Additional features that appear on a typical page of the historic preservation standards are summarized at right. A Windows Key A Design Topic Heading B Intent Statement: This explains the desired outcome for the specific design element and provides a basis for the design standards that follow. C Design Standard: This describes a desired outcome related to the intent statement. D Additional Information: This provides a bullet list of examples of how, or how not to, comply with the standard. E Illustration(s): These provide photos and/or diagrams to illustrate related conditions or possible ap- proaches. They may illustrate per- mitted or prohibited solutions as described at right. B Historic windows help convey the significance of historic structures, and shall be preserved. They can be repaired by re-glazing and patching and splicing elements such as muntins, the frame, sill and casing. Repair and weatherization also is more energy efficient, and less expensive than replacement. If an original window cannot be repaired, new replacement windows shall be in character with the historic building. C 1.1 Maintain and repair historic windows. D » Preserve historic window features including the frame, sash, muntins, mullions, glazing, sills, heads, jambs, moldings, operation and groupings of windows. » Repair and maintain windows regularly, including trim, glazing putty and glass panes. » Repair, rather than replace, frames and sashes. » Restore altered window openings to their historic configuration. 20Standards Using the Design DRAFT 27 2 PLANNING A PRESERVATION PROJECT 28 29 Old Town Fort Collins Design Guidelines | March 2014 23 DRAFT What Does Historic Preservation Mean? Historic preservation means keeping historic proper- ties and places in active use while accommodating appropriate improvements to sustain their viability and character. It also means keeping historic resources for the benefit of future generations. That is, while maintaining properties in active use is the immediate objective, this is in part a means of assuring that these resources will be available for others to enjoy in the future. Historic preservation does not mean necessarily freez- ing properties or districts in time. Historic preserva- tion seeks to manage change to preserve authenticity and historic craftsmanship while meeting existing and future needs. This section summarizes important steps and ap- proaches to consider when planning a preservation project › Planning a Preservation Project › Case Studies › Designing in Context › Historic Building Styles When planning a preservation project, it is important to determine historic significance, assess integrity and determine program requirements prior to outlining a treatment strategy that will inform the overall project scope. ACCEPTED TREATMENTS FOR HISTORIC RESOURCES The following list describes permitted treatments for historic resources that may be considered when planning a preservation project. Much of the language addresses buildings; however, sites, objects and struc- tures are also relevant. Preservation “Preservation” is the act of applying measures to sustain the existing form, integrity and material of a building. Work focuses on keeping a property in good work- ing condition with proactive maintenance. While the term “preservation” is used broadly to mean keeping a historic property’s significant features, it is also used in this more specific, technical form in this document. Restoration “Restoration” is the act or process of accurately de- picting the form, features and character of a property as it appeared in a particular time period. It may require the removal of features from outside the restoration period. This may apply to an entire building, or to restoring a particular missing feature. Reconstruction “Reconstruction” is the act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific time and in its historic location. This has limited application, in terms of an entire build- ing, but may apply to a missing feature on a building. Rehabilitation 24Project Planning a Preservation DRAFT STEPS TO CONSIDER FOR A SUCCESSFUL PRESERVATION PROJECT. Follow the steps below when planning a preservation project. Step 1. Review reasons for significance: The reasons for significance will influence the degree of rigor with which the standards are applied, because it affects which features will be determined to be key to preserve. Identifying the building’s period of significance is an important first step. Step 2. Identify key features: A historic property has integrity. It has a suf- ficient percentage of key character-defining features and characteristics from its period of significance which remain intact. Step 3. Identify program requirements for the desired project: The functional requirements for the property drive the work to be considered. If the existing use will be maintained, then preservation will be the focus. If changes in use are planned, then some degree of compatible alterations may be needed. Step 4. Implement a treatment strategy: A permitted treatment strategy will emerge once historic significance, integrity and program requirements have been determined. A preservation project may include a range of activities, such as maintenance of existing historic elements, repair of deteriorated materials, the replacement of missing features and construction of a new addition. Planning a Preservation Project PROHIBITED TREATMENTS The following approaches are not permitted for his- torically significant properties. Remodeling This is the process of changing the historic design of a building. The appearance is altered by removing historic details and by adding new features that are out of character with historic materials. Remodeling of a historic structure is prohibited. Deconstruction “Deconstruction” is a process of dismantling a building such that the individual material components and ar- chitectural details remain intact. This may be proposed when a building is to be relocated or when the materi- als are to be reused in other building projects. Decon- struction may be a more environmentally responsible alternative to conventional demolition. However, it is still prohibited for a building of historic significance. Demolition Any act or process that destroys, in part or whole, a structure, building or site is considered “demolition.” This is prohibited for any historic building. A successful preservation project shall consider the significance of the historic resource, its key features, and the project’s program requirements. When alter- ing a historic building, it is also important to consider preservation and repair prior to contemplating any re- placement. The tables and diagrams below and on the following pages provide overall guidance for planning a preservation project. 31 Old Town Fort Collins Design Guidelines | March 2014 25 DRAFT PREFERRED SEQUENCE OF ACTIONS Selecting an appropriate treatment for a character-defining feature is important. The method that requires the least intervention is always preferred. By following this tenet, the highest degree of integrity will be maintained. The following treat- ment options appear in order of preference. When making a selection, follow this sequence: Step 1. Preserve: If a feature is intact and in good condition, maintain it as such. Step 2. Repair: If the feature is deteriorated or damaged, repair it to its historic condition. Step 3. Replace: If it is not feasible to repair the feature, then replace it in kind, (e.g., materials, detail, finish). Replace only that portion which is beyond repair. Step 4. Reconstruct: If the feature is missing entirely, reconstruct it from ap- propriate evidence. If a portion of a feature is missing, it can also be reconstructed. Step 5. Compatible Alterations: If a new feature (one that did not exist previ- ously) or an addition is necessary, design it in such a way as to minimize the impact on historic features. It is also important to distinguish a new feature on a historic building from the historic features, even if in subtle ways. For More Information For more information regarding the treat- ments for a historic resource please visit the National Park Service web site: http://www.nps.gov/history/hps/tps/standguide/index. htm If a feature is deteriorated or damaged, repairing it to its his- toric condition is preferred. 32 26Project Planning a Preservation DRAFT A C B or D E WHICH AREAS ARE THE MOST SENSITIVE TO PRESERVE? For most historic resources in the Old Town Historic District, the front wall is the most important to preserve intact. Alterations are rarely permitted. Many side walls are also important to preserve where they are highly visible from the street. By contrast, portions of a side wall not as visible may be less sensitive to change. The rear wall is sometimes the least important (excepting free-standing, individual landmarks, those along improved alleys or certain civic and industrial buildings), and alterations can occur more easily without causing negative effects to the historic significance of the property. Location A. Primary Façade: Preservation and repair of features in place is the priority. This is especially important at the street level and in locations where the feature is highly visible. Location B. A Second- ary Wall, Which Is Highly Visible: A compatible replacement or alteration is preferred. Some flexibility in treat- ment may be considered. Location C. A Second- ary Wall, Which Is Not Highly Visible: Preserva- tion is still preferred; however, a compatible replacement or alteration may be acceptable when it is not visible to the public. More flexibility in treat- ment may be considered. Location D. Highly Visible Rear Wall: This applies to many cultural buildings of historic significance, such as civic buildings, improved alleys and other landmarks that are viewed “in the round” or border a public space such as a park. Preservation and repair in place is the priority. Location E. A Rear Wall That Is Not Highly Visible: A compatible replacement or alteration may be acceptable when it is not visible to the public. A higher level of flexibility in treatment may be considered. 33 Old Town Fort Collins Design Guidelines | March 2014 27 DRAFT ALTERED HISTORIC COMMERCIAL FACADE The starting condition. Missing Cornice Historic Windows Altered Storefront DEVELOPING A PRESERVATION STRATEGY The standards discuss a range preservation options, including reconstruction and replacement of features in various ways. When applied to a building that is al- ready altered, which would be the best approach? This diagram outlines the approaches to consider in making that decision. When should I use this treatment? » There is substantial alteration, making other options difficult. » There is less information about the historic design. » The context (the block lacks a substantial number of historic structures that retain integrity) has more variety. When should I use this treatment? » The building is part of the fabric of the district. » There is less information available about the historic design. » A phased project is planned. When should I use this treatment? » The building is highly significant. » There is good historical information about the design. » The needed materials and craftsmen are available. » The context has many intact historic buildings. Approach 3: Rehabilitation (contemporary interpretation) Approach 1: Accurate Restoration 4 Approach 2: Rehabilitation (simplified historic interpretation) 4 4 34 28Project Planning a Preservation DRAFT Historic building remodel. Interim improvements to the building included removing the canopy, providing a new sign and painting the stucco covering. A later rehabilitation effort included remov- ing the stucco, reconstructing the cornice and installing a new storefront system. 4 4 PHASING PRESERVATION PROJECTS In some cases, a property owner may wish to make interim improvements, rather than execute a complete rehabilitation of a historic property. This work shall be planned such that it establishes a foundation for future improvements that will further assure continued use of the property and retain its historic significance. For example, a simplified cornice element may be installed on a commercial storefront, in lieu of reconstructing the historic design, with the intent that an accurate reconstruction would occur later. Plan interim improvements to retain opportunities for future rehabilitation work that will enhance the integrity of a historic property. › Preserve key character-defining features while making interim improvements. › Avoid interim improvements that would foreclose opportunities for more extensive rehabilitation in the future. 35 Old Town Fort Collins Design Guidelines | March 2014 29 DRAFT Case studies CASE STUDIES Numerous rehabilitation projects have been suc- cessfully completed since the adoption of the design standards. Some examples appear in this section. They include “before and after” pairings. Some of these in- clude photographs from the early years when this was the center of commerce. Then, images from the 1970s and 1980s document interim conditions, when many buildings had been altered. Finally, more recent photo- graphs, generally from 2013, illustrate the progressive rehabilitation and continuing revitalization of the area. These case studies demonstrate the benefits of the on-going stewardship of the historic resources in the district, and of the positive effects that local historic district designation has had. They further demonstrate successful solutions for many of the design topics ad- dressed in this standards document. WALNUT STREET BLOCK In the upper photos (ca. 1981), storefronts have been altered, upper story windows have been reduced in size and new materials obscure historic masonry. In the lower photo, windows and storefronts are restored, and historic brick facades are revealed. 36 30Project Planning a Preservation DRAFT AVERY BLOCK An early image of the Avery Block exhibits a distinctive line of ground level storefronts. In 1981, storefronts had been altered, and the distinctive mid-belt cornice line was obscured. In 2013, a reconstructed cornice reestablished a distinctive hori- zontal feature, and awning once more reflect the dimensions of each storefront bay. 37 Old Town Fort Collins Design Guidelines | March 2014 31 DRAFT ANTLERS BLOCK An early view of the Antlers hotel and associated buildings in its block demonstrates a variety in building heights, but a sense of continuity is established by the horizontal alignment of storefront level moldings and second story cornices. In 1981, many historic features remain, but minor alterations have occurred, and some details are obscured by monochromatic paint schemes. Farther down the block, a more recent building is out of character with the two-story emphasis seen in most buildings in the block. After rehabilitation (photo: 2013), buildings have been adapted to new uses while the key, character-defining features that contribute to their historic significance have been preserved. 38 32Project Planning a Preservation DRAFT LINDEN STREET BLOCK, WEST SIDE The northern end of the Linden Street block in 1980 appears with several storefronts missing, and a mono- chromatic paint scheme diminishes one’s perception of the distinctive architectural details. A close-up view of the storefront at 252 Linden, in 1980 shows the miss- ing storefront. After rehabilitation in the mid-1980s, many storefronts have been reconstructed. Architectural details are highlighted with contrasting color schemes. The left most storefront remains altered, but other features on this facade have been pre- served. In 2013, awnings and signs have been added, and color schemes have changed. This demonstrates the ongoing adaptive use of these properties, while preserving their historic significance. In the mid-1980s, after the store- front has been reconstructed. 39 Old Town Fort Collins Design Guidelines | March 2014 33 DRAFT BLACKS GLASS ROW Ca. 1980, Black’s Glass, with a missing mid-belt molding, and historic storefront altered. The transom also is covered, changing the proportions of the ground level. In 2013, storefronts and the midbelt molding are recon- structed. 40 34Project Planning a Preservation DRAFT OLD FIRE STATION AND CITY HALL The old city hall and fire station occupied two buildings side- by-side on Walnut Street. A distinctive arch identified the door for fire engines. In 1980, the two buildings appear as one metal clad facade. The storefront for city hall has been removed, and the doorway for fire engines has been widened. At the beginning of rehabilitation in the early 1980s, damage to the historic masonry is vis- ible. The hose tower also is missing. Lower left: Shortly after rehabilitation, reconstructed cornices and storefront are visible. A more contemporary storefront, using dark metal components, is used in the historic fire engine entry, to signify that this is a later alteration. The tower also is reconstructed. Lower right: In 2012, awnings and signs have changed, but the key features of the building remain intact, demonstrating the continuing use of this historic resource. 41 Old Town Fort Collins Design Guidelines | March 2014 35 DRAFT J.L.HOHNSTEIN BLOCK An early view of the Hohnstein block documents the tall first floor and the distinctive masonry arch details on the upper floor. In 1980, metal cladding obscures most of the key character-defining features of the building front. In the early 1980s, the initial reha- bilitation revealed key features of the facade. Almost 30 years later, in 2013, the building continues to be in active service. An outdoor dining area reflects a new use, but is designed to remain visually subordinate to the historic building. Note the historic sign on the side wall. 42 36Project Planning a Preservation DRAFT MILLER BLOCK In 1979, wood paneling obscures historic storefronts. Shortly after construction of the plaza in Old Town Square, (ca. 1985), new awnings define the dimensions of individual storefront bays. In 2013, key features remain preserved. Different awning colors distinguish individual businesses while retaining the overall visual continuity of the building. In this early photo, the Miller building stands as a signature building at Linden and Walnut streets; diagonally from the Linden Hotel. 43 Old Town Fort Collins Design Guidelines | March 2014 37 DRAFT In this early photo, the Linden Hotel stands as the signature building at the corner of Linden and Walnut Streets In 1980s, historic masonry is covered with a cementatious plaster and the storefronts have been altered. Some upper story windows have been blocked up. Again in the early 1980s, the Linden in an altered state. The Sal- vation Army and Reed and Dauth buildings are to the right. In 2013, the Linden is once more the icon for Old Town Fort Collins. THE LINDEN HOTEL 44 38Project Planning a Preservation DRAFT Designing in Context District-wide Block Immediate Surroundings A fundamental principle of the design standards is that projects shall be planned to be compatible with the context. This is especially relevant to the design of an addition or new building. Levels of Context Consideration Context shall be considered at these levels: › District-wide – in terms of the qualitative features, such as the orientation of the street, alley, street wall, buildings and features › The block – which focuses on the collection of buildings, sites and structures in the area › Immediate surroundings – properties adjacent to, facing or overlooking a specific site 45 Old Town Fort Collins Design Guidelines | March 2014 39 DRAFT Historic Architectural Styles Many of the building styles found within the Old Town Historic District are noted on the Colorado History web site. These style descriptions will assist the city in determining which features are key to a property’s significance. Note that styles are rarely “pure” in form, and a wide range exists within individual styles. The majority of the buildings styles found in the Old Town Historic District are shown here. Early Twentieth - Century Commercial, single storefront. Nineteenth-Century Commercial, Richardsonian Romanesque architectural style Nineteenth-Century Commercial, Italianate architectural style that is fifty feet or more with multiple entrances. Historic Architectural Styles Information about Fort Collins’s historic architec- tural styles is available from a number of sources, including: › City of Fort Collins, Central Business District Development and Residential Architecture, Historic Contexts, November 1992 › A Cultural Resources Inventory of The Old Fort Site, Fort Collins, Colorado, June 2002 › See History Colorado web link at: http://www.historycolorado.org/archaeologists/ colorados-historic-architecture-engineering-web- guide See also the following reference book: › What Style is it? A Guide to American Architecture. John C. Poppeliers, S. Allen Chambers, Jr., Nancy B Schwartz. Historic Building Survey, National Park Service, US Department of the Interior. 1983 46 40Project Planning a Preservation DRAFT The following design principles apply to all historic properties and will be used when evaluating the appropriateness of related work: Respect the historic character of a property. » The basic form and materials of a building, as well as architectural details, are a part of the historic character. » Don’t try to change the style of a historic resource or make it look older than its actual age. » Confusing the character by mixing elements of different styles or periods can adversely affect the historic significance of the property. Seek uses that are compatible with the historic character of the property. » Converting a building to a new use different from the historic use is considered to be an “adaptive reuse,” and is a sound strategy for keeping an old building in service. For example, converting a residential structure to offices is an adaptive use. A good adaptive use project retains the historic character of the building while accommodating a new function. » Every reasonable effort shall be made to provide a compatible use for the building that will require minimal alteration to the building and its site. » Changes in use requiring the least alteration to significant elements are preferred. In most cases designs can be developed that respect the historic integrity of the building while also accommodating new functions. Protect and maintain signif icant features and stylistic elements. » Distinctive stylistic features and other examples of skilled craftsmanship shall be preserved. The best preservation procedure is to maintain historic features from the outset to prevent the need for repair later. Appropriate maintenance includes rust removal, caulking and repainting. » These features shall not be removed. Repair deteriorated historic features and replace only those elements that cannot be repaired. » Upgrade existing materials, using recognized preservation methods. If disassembly is necessary for repair or restoration, use methods that minimize damage to historic materials and facilitate reassembly. Overarching Preservation Principles Nineteenth-Century Commercial, single storefront Protect and maintain significant features and stylistic elements. 47 DESIGN STANDARDS FOR THE TREATMENT OF HISTORIC RESOURCES 3 48 49 DRAFT Old Town Fort Collins Design Guidelines | March 2014 43 Design Standards for the Treatment of Historic Resources Architectural details help convey the significance of historic properties, and shall be preserved. The method of preservation that requires the least intervention is preferred. For More Information See web link to Preservation Brief 17: Architectural Character - Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Character. http://www.nps.gov/tps/how-to- preserve/briefs/17-architectural- character.htm The City seeks to preserve the historic integrity of properties of historic significance in the Old Town Historic District. This means employing best practices in property stewardship to maintain the key character-defining features of individual historic resources, as well as maintaining the context in which they exist. This section provides standards for the treatment of historic properties in Old Town. It focuses on the rehabilitation and maintenance of character-defining features of each individual contributing property as well as the district as a whole. The standards translate the general principles for historic preservation outlined in the preceding chapter to the treatment of individual building features and components that are found typically in the district. The standards in this section do not apply to new construc- tion. ARCHITECTURAL DETAILS Architectural details help convey the historic and architectural significance of historic properties, and shall be preserved. The method of preservation that requires the least intervention is preferred. 3.1 Maintain significant architectural details. › Retain and treat exterior stylistic features and examples of skilled craftsmanship with sensitiv- ity. › Employ preventive maintenance measures such as rust removal, caulking and repainting. 50 44Resources Design Standards for the Treatment of Historic DRAFT Historic Architectural Details Typical historic architectural details to preserve include: › Cornices and eaves › Moldings and brackets › Windows and doors and surrounds › Modillions and other surface ornamenta- tion › Columns › Storefronts 3.2 Repair , rather than replace, significant architectural details if they are damaged. › Do not remove or alter distinctive architec- tural details that are in good condition or that can be repaired. › Document the location of a historic feature that must be removed to be repaired so it may be repositioned accurately. › Patch, piece-in, splice, consolidate or otherwise upgrade deteriorated features using recognized preservation methods. › Minimize damage to historic architectural de- tails when repairs are necessary. › Protect significant features that are adjacent to the area being worked on. Retain and treat exterior stylistic features and examples of skilled craftsmanship with sensitivity. Maintain significant architectural details, including: projecting cornices, masonry patterns, decorative moldings, double-hung wood windows and other decorative fea- tures. 4 4 Document the location of a historic feature that must be removed and repaired so it may be repositioned accu- rately. 4 Patch, piece-in, splice, con- solidate or otherwise upgrade deteriorated features using recognized preservation meth- ods. 4 For More Information See web link to Preservation Brief 27: The Mainte- nance and Repair of Architectural Cast Iron http://www.nps.gov/tps/how-to-preserve/ briefs/27-cast-iron.htm and See web link to Preservation Brief 47: Maintaining the DRAFT Old Town Fort Collins Design Guidelines | March 2014 45 3.3 Reconstruct an architectural feature accurately if it cannot be repaired. › Use a design that is substantiated by physical or pictorial evidence to avoid creating a misrepre- sentation of the building’s history. › Use the same kind of material as the historic detail. However, an alternative material may be considered if it: › Has proven durability › Has a size, shape, texture and finish that conveys the visual appearance of the his- toric feature. › Is located in a place that is remote from view or direct physical contact › Avoid adding architectural details that were not part of the historic structure. For example, decorative millwork shall not be added to a building if it was not a historic feature as doing so would convey a false history. The rehabilitation of the Reed and Darth building included reconstruction of missing features. Using historic photographs, a cornice was constructed to match the historic in character. An alternative material (wood) was used instead of the historic metal. Before rehabilitation (ca. 1980) During rehabilitation (ca. 1982) The rehabilitated Reed and Darth building (2013) During rehabilitation (ca. 1982) 4 52 46Resources Design Standards for the Treatment of Historic DRAFT These buildings demonstrate a successful reconstruction of a missing cornice. See the image above for the historic condition. 4 Use historic photos as a source for reconstructing a missing detail. 4 Interim image of missing cornice. 53 DRAFT Old Town Fort Collins Design Guidelines | March 2014 47 MATERIALS AND FINISHES Historic materials shall be preserved in place. If the material is damaged, limited replacement to match the historic should be considered. Historic building materials shall never be covered or subjected to harsh cleaning treatments. Preserving historic building mate- rials and limiting replacement to only pieces which are deteriorated beyond repair also reduces the demand for, and environmental impacts from, the production of new materials and therefore supports the city’s sustainability objectives. 3.4 Maintain historic building materials. › Protect historic building materials from dete- rioration (see “Maintaining Historic Materials” at right for information on treating different types of materials). › Do not remove historic materials that are in good condition. › Use a low pressure water wash if cleaning is permitted. Chemical cleaning may be consid- ered if a test patch does not have a negative effect on the historic fabric (test patch shall be reviewed by city preservation department). › Do not use harsh cleaning methods, that can inhibit the function and/or appearance of the historic material, such as sandblasting, which can damage its protective coating. Maintaining Historic Materials Primary historic building materials include masonry (brick, mortar, stone, and concrete), wood and metal. These shall be preserved and repaired. 4 Appropriate treatments to protect specific materi- als from deterioration include: Masonry › Maintain the natural water-protective layer (patina). › Do not paint, unless it was painted historically (this can seal in moisture, which may cause extensive damage over time). › Re-point deteriorated masonry mortar joints with mortar that matches the strength, com- position, color and texture of the historic material. Wood › Maintain paint and other protective coatings to retard deterioration and ultraviolet dam- age. › Provide proper drainage and ventilation. Metal › Maintain protective coatings, such as paint, on exposed metals. › Provide proper drainage. Do not use harsh cleaning methods, such as sandblasting, which can damage his- 48Resources Design Standards for the Treatment of Historic DRAFT 3.5 Repair historic building materials when needed. › Repair deteriorated building materials by patch- ing, piecing-in, consolidating, or otherwise reinforcing the material. › Replace only those materials that are deterio- rated, and beyond reasonable repair. 3.6 Replace historic building materials in kind. › Use the same material as the historic material to replace damaged building materials on a pri- mary façade. › Also use historic materials to replace damaged building materials on a non-primary façade. › Replace only the amount of material that is beyond repair. › Use only replacement materials that are similar in scale, finish and character to the historic material. › Use only replacement materials with proven durability. › Do not replace building materials on the pri- mary façade, such as masonry and wood siding, with alternative or imitation materials, unless no other option is available. Repair deteriorated building materials, when needed. 4 Alternative or replacement materi- als shall match the style and detail of the historic fabric and be durable in the local climate, such as these cast concrete details that replace missing stone features. 4 For More Information See web link to Preservation Brief 16: The Use of Substitute Materials on Historic Building Exteriors. http://www.nps.gov/tps/how-to-preserve/ briefs/16-substitute-materials.htm Typical Materials Typical historic building materials used in Old Town Fort Collins include: » Masonry › Brick › Stone › Terra Cotta › Poured Concrete › Pre-cast Concrete » Wood » Metal › Cast iron, › Copper › Sheet metal DRAFT Old Town Fort Collins Design Guidelines | March 2014 49 3.7 Preserve the visibility of historic materials. › Consider removing later covering materials that have not achieved historic significance. › Once a non-historic material is removed, repair the historic, underlying material. › Do not cover or obscure historic building ma- terials. › Do not add another layer of new material if a property already has a non-historic building material covering the historic material. Consider removing later covering materials that have not achieved historic significance (left) to reveal the underlying historic materials (right). 8 4 For More Information See web link to Preservation Brief 1: Assessing Cleaning and Water-Repellent Treatments for Historic Masonry Buildings http://www.nps.gov/tps/how-to-preserve/briefs/1- cleaning-water-repellent.htm See web link to Preservation Brief 2: Repointing Mortar Joints in Historic Masonry Buildings http://www.nps.gov/tps/how-to-preserve/briefs/2- repoint-mortar-joints.htm 56 50Resources Design Standards for the Treatment of Historic DRAFT WINDOWS Historic windows help convey the significance of historic structures, and shall be preserved. They can be repaired by re-glazing and patching and splicing elements such as muntins, the frame, sill and casing. Repair and weatherization also is often more energy efficient, and less expensive than replacement. If a his- toric window cannot be repaired, a new replacement window shall be in character with the historic building. 3.8 Maintain and repair historic windows. › Preserve historic window features including the frame, sash, muntins, mullions, glazing, sills, heads, jambs, moldings, operation and group- ings of windows. › Repair and maintain windows regularly, includ- ing trim, glazing putty and glass panes. › Repair, rather than replace, frames and sashes. › Restore altered window openings to their his- toric configuration. Historic Window Components Window components include: › Sash › Frame › Number of lights (panes) › Shutters › Security Devices (bars and screens) › Insect screens › Storm windows 4 4 4 Before rehabilitation: upper story windows in need of repair. After rehabilitation: repaired windows. 57 DRAFT Old Town Fort Collins Design Guidelines | March 2014 51 3.9 Replace a historic window with a matching design if repair is not feasible. › Match the appearance of the historic window design (i.e., if the historic is double-hung, use a double-hung replacement window). › Maintain the historic size, shape and number of panes. › Match the profile of the sash, muntin and its components to the historic window, including the depth of the sash, which may step back to the plane of the glass in several increments. › Use clear window glazing that conveys the vi- sual appearance of historic glazing (transparent low-e glass is preferred). › Do not use vinyl and unfinished metals as win- dow replacement materials. › Do not use metallic or reflective window glaz- ing. › Do not reduce a historic opening to accom- modate a smaller window or increase it to accommodate a larger window. 4 Before rehabilitation: historic windows are missing. After rehabilitation: historic openings are restored. 58 52Resources Design Standards for the Treatment of Historic DRAFT Alternative Window Material If it is not feasible to match the historic design and materials of a window, then an alternative design may be considered in the following locations: › On a non-primary façade, accessory build- ing or addition › On a primary façade if no other option is available Alternative window designs shall: › Match the general profile and details of the historic window. › Use materials that match the historic ap- pearance in dimension, profile and finish. Match the appearance of a historic window design (i.e., if the historic is double-hung, use a double-hung replacement window, or a window that appears to be double-hung). Replace historic windows (top) with a matching design (bottom), if repair is not feasible. 4 Do not reduce a historic opening to accommodate a smaller win- dow or increase it to accommodate a larger window. 8 4 59 DRAFT Old Town Fort Collins Design Guidelines | March 2014 53 3.10 Use special care when replacing a window on a primary façade. › Give special attention to matching the historic design and materials of windows located on the façade. › Also, match the historic design when replacing a window located on a secondary wall. 3.11 Design a storm window to minimize its visual impacts. › If a window did not historically have a storm window, place a new storm window internally to avoid exterior visual impacts. › Use storm windows designed to match the historic window frame if placed externally. › Use insect screens with painted wooden frames where wood windows exist. 3.12 Restore a historic window opening that has been altered. › Restore a historic window opening that previ- ously existed. › Place a new window to fit within the historic opening. Place storm windows internally to avoid exterior visual impacts (right). Use storm window inserts designed to match the historic frame if placed externally (left). 4 Preserve the size and proportion of a historic window opening. 8 4 For More Information See web link to Preservation Brief 9: The Repair of Historic Wooden Windows http://www.nps.gov/tps/how-to-preserve/briefs/9- wooden-windows.htm See web link to window retrofit article from the National Trust for Historic Preservation web site http://www.preservationnation.org/who-we-are/ press-center/press-releases/2012/new-windows- study.html Web link to window treatments National Park Service Tech Notes. Scroll down page to window to secure links http://www.nps.gov/tps/how-to-preserve/tech- notes.htm 60 54Resources Design Standards for the Treatment of Historic DRAFT 3.13 When necessary, locate and design a new window opening to preserve the overall rhythm and arrangement of windows on a secondary building wall. › Locate a new window opening to match the general arrangement of historic windows in a building wall. › Design a new window opening to match historic window proportions on the same façade. 3.14 Enhance the energy efficiency of historic windows and doors. › Make the best use of historic windows; keep them in good repair and seal all the leaks. › Maintain the glazing compound regularly. Remove old putty with care. › Place a storm window internally to avoid the impact upon external appearance. › Use storm windows designed to match the historic window frame if placed externally. Double-hung windows found in many historic structures allow for transferring cool air in and warm air out during the summer months. 61 DRAFT Old Town Fort Collins Design Guidelines | March 2014 55 DOORS AND ENTRIES The design, materials and location of historic doors and entries help establish the significance of a historic structure and shall be preserved. When a new door is needed, it shall be in character with the building, especially when it is located on a primary wall. 3.15 Maintain a historic primary entrance. › Preserve historic and decorative features, including door frames, sills, heads, jambs, mold- ings, detailing, transoms and flanking sidelights. › Do not alter the historic size and shape of a historic door opening. › Do not change the historic locations of door openings on primary façades. › Do not add a new door opening on a primary façade. › Do not enclose transoms or sidelights. 3.16 Repair or replace a damaged door to maintain its general historic appearance. › Use materials that appear similar to that of the historic door. › When replacing a historic door on a primary façade, use a design that appears similar to the historic door. › When replacing a historic door on a non- primary façade, consider an alternative design that is in character. Historic Door and Entry Components Historic door and entry features include: › Door Detailing › Sills › Surround › Transoms › Heads › Threshold › Moldings › Jambs › Landing (mosaic tiles) › Flanking sidelights › Hardware Maintain a historic primary entrance design. The design, materi- als and location of historic doors and entries help establish the significance of a historic structure and shall be preserved. 4 4 62 56Resources Design Standards for the Treatment of Historic DRAFT 3.17 Locate and design a new door and entry to preserve the historic façade composition. › Locate a new door to be consistent with the historic architectural style of the structure, especially if located on the primary façade. › Design a new door or entry to match historic door proportions. Design a new door or entry to match historic door proportions. 4 4 63 DRAFT Old Town Fort Collins Design Guidelines | March 2014 57 COMMERCIAL STOREFRONTS A historic commercial storefront is a key defining feature of a historic commercial building and shall be preserved. A historic storefront is usually framed by masonry side walls and a horizontal cornice or lintel above the storefront windows. The space within is highly transparent, including large transom windows over the display windows. A store entrance is usually recessed behind the plane of the façade and the cornice or lintel separates the storefront from upper floors. Preserving significant historic storefronts and recon- structing altered or missing storefront features is a key goal. Researching archival materials such as historic photos and building plans can be helpful in understand- ing the role of the storefront and its relationship to the street. 3.18 Maintain and repair a historic commercial storefront. › Maintain interest for pedestrians by maintaining an active street level storefront. › Preserve the storefront glass if it is intact. › Repair storefront elements by patching, splic- ing, consolidating or otherwise reinforcing the historic materials. › Avoid altering the size and shape of a storefront opening. › Do not use reflective, opaque or tinted glass. › Do not remove or enclose a transom. › Retain the relationship of the storefront to the sidewalk. 3.19 Replace storefront features to match historic features if necessary. › Use traditional materials such as masonry and wood. › If using traditional materials is not feasible, use compatible substitute materials that are similar in scale, finish and character to the historic material, and have proven durability in the local climate. › Use historical documentation to guide the design of replacement features, or design simplified versions of similar elements seen on nearby historic properties, if no documentation is available. › Expose historic storefront elements that have been covered by modern siding or other ma- terials. 4 Before rehabilitation: historic storefront components survive. (ca. 1980) After the initial rehabilitation storefront components are retained. (ca. 1982) Storefront components continue to be pre- served. (2013) For More Information See web link to Preservation Brief 11: Rehabilitating Historic Storefronts 58Resources Design Standards for the Treatment of Historic DRAFT 3.20 Reconstruct a missing storefront to match the character, scale and materials of the historic. › Use historical documentation to guide the design of the reconstruction. Traditional Commercial Storefront Features Historic commercial storefronts typically feature a tall ground floor level while upper stories have shorter floor-to-floor heights. The key character-defining features of a commercial storefront are: Molding or Lintel Transom Display Window Bulkhead/Kickplate Recessed Entry Engaged Column or Pilaster Contemporary Storefront Designs When a historic storefront is largely missing, it may be appropriate to design a replacement that is a contemporary interpretation of a traditional storefront. A contemporary replacement design shall: › Promote pedestrian interest and an active street-level façade › Use high-quality, durable materials that are similar in type and scale to traditional materials › Be located within the historic structural frame of sidewalls and lintel or cornice that spaces the storefront opening › Convey the characteristics of typical his- toric storefronts › Include traditional storefront elements such as a bulkhead and transom › Maintain the transparent character of the display windows › Provide a recessed entry › Use a simple and relatively undecorated design › Relate to traditional elements of the façade above › Preserve early storefront alterations that have become historically significant 3.21 A simplified or contemporary interpretation of a traditional storefront may be considered where the historic storefront is missing and no evidence of it exists. › Where the historic is missing and no evidence of the historic storefront exists, a new design that uses traditional features of a storefront is permitted. › The new design shall continue to convey the design character and materials of typical com- mercial storefronts. This includes the transpar- ent character of the glass. › Use simple color combinations (see “Permitted Color Combinations for a Commercial Store- front” on page 61 for more information). DRAFT Old Town Fort Collins Design Guidelines | March 2014 59 HISTORIC ROOFS Many roofs in the Old Town Historic District are flat and are concealed from view, where changes may not affect the integrity of the structure. For those that are visible, the form, shape and significant materials of a historic roof help define the character of a historic structure as it is perceived from the public way and shall be preserved. 3.22 Preserve the historic roofline on a historic structure. › Maintain the perceived line and orientation of the roof as seen from the street. 3.23 Maintain and repair historic roof materials. › Preserve decorative elements, including crests and chimneys. › Retain and repair roof detailing, including gut- ters and downspouts. EXPOSED HISTORIC FOUNDATIONS A historic building foundation contributes to the charac- ter of a historic structure and shall be preserved. Altering or replacing historic foundation walls is dis- couraged. However, it may also be necessary to replace historic foundation walls with compatible new materials where the historic foundation is deteriorated beyond repair. 3.24 Maintain and repair a historic foundation. › Re-point historic masonry foundations to match the historic design. › Design landscaping and other site features to keep water from collecting near the foundation. › Do not cover a historic foundation with newer siding material. › Do not install windows, window wells or an access door on the front façade of a historic foundation. Historic Roof Features Historic roof features to maintain include: › Parapet profile › Historic height and profile. › Historic materials › Historic skylights › Parapet crests Maintenance Tips: › Look for breaks or holes in the roof surface and check the flashing for open seams. › Watch for vegetation, such as moss and grass, which indicates accumulated dirt and retained moisture. › Patch and replace areas with damaged roof material (often, repairing a roof can be much less expensive than complete replacement). 66 60Resources Design Standards for the Treatment of Historic DRAFT 3.25 Replace a foundation wall using new material that is similar in character to the historic foundation. › For example, if a stone foundation must be replaced, a material that conveys the scale and texture of the historic fabric may be considered. › Use materials and details that are similar to those used in foundations on nearby historic properties. › Avoid increasing the height of the structure when replacing a foundation wall as it will alter the alignment of historic façades along the block and its relationship to other details on the build- ing. LOADING DOCKS Historic loading docks are important character-defining features of some commercial and industrial buildings and should be preserved. These features also influence the perceived scale of the structure. Altering, enclos- ing, or removing a historic loading dock is discouraged. Even loading docks on the rear of a building may be important to the character of a property, because al- leys in the Old Town Historic District are now active with pedestrians, among other reasons. 3.26 Maintain and repair a historic loading dock. › Maintain the historic location and form of a loading dock. › Maintain and repair loading dock components and details, such as a canopy or railing. COLOR Choosing the right combination of colors for a historic rehabilitation project can unify building elements with the façade and highlight important architectural detail- ing. Paint color selection shall be appropriate to the architectural style and complement the building and its surroundings. Using the historic color scheme is an option, but new schemes that are compatible are also permitted. 3.27 Retain historic colors. › Retain the historic or early color and texture of masonry surfaces. › Retain historic coatings such as paint that help protect exterior materials from moisture and ultraviolet light. › Do not strip paint or other coatings to reveal bare wood. › Do not paint unpainted masonry and architec- tural metals. › Do not use destructive paint removal methods such as propane or butane torches, sandblasting or water blasting which can irreversibly damage historic materials. Preserve traditional loading docks. 4 For More Information See web link to Preservation Brief 10: Exterior Paint Problems on Historic Woodwork DRAFT Old Town Fort Collins Design Guidelines | March 2014 61 3.28 Use a color scheme that is compatible with the historic character of the structure. › Restore historic paint colors and finishes to the extent reasonable to highlight the structure’s historic appearance. › Repaint with colors that are appropriate to the period of historic significance of the building and district. Color selection shall be based on historic paint analysis of the historic layers of paint or appropriate historic research. › Use color schemes that are simple in character (generally one to three accent colors for trim elements). › Seek professional advice and properly prepare surfaces before painting. Permitted Color Combinations for a Commercial Storefront Three colors are generally sufficient to highlight a commercial storefront. Base Color. This appears on the upper wall and frames the storefront. The major expanses on a storefront will be painted this color. Major Trim. This defines the decorative elements of the building and ties the upper façade trim with the storefront. Elements include: › Building and storefront cornice › Window frames, sills and hoods › Storefront frames, columns, bulk-heads and canopies. Minor Trim. This is intended to enhance the color scheme established by the base and major trim colors and may be used for window sashes, doors and selective details. 68 62Resources Design Standards for the Treatment of Historic DRAFT EXISTING ADDITIONS Some existing additions may have become historically significant in their own right. Preserving an addition that has taken on significance is an option to consider. However, more recent additions may detract from the character of the building and could be considered for modification or removal. 3.29 Preserve an older addition that has achieved historic signif icance in its own right. › Respect character-defining building components of a historically-significant addition. › Avoid the demolition of a historically-significant additions. 3.30 Consider removing an addition that is not historically significant. › Ensure that the historic fabric of the primary structure is not damaged when removing these features. NEW ADDITIONS AND ACCESSORY STRUCTURES A new addition or accessory structure that is compat- ible with the historic building and surrounding historic context may be permitted. It is important to consider its design and placement, as well as its relationship to the surrounding historic context. The design standards for new construction also apply to the design of a new addition or accessory structure. 3.31 Design an addition or accessory structure to be compatible with the historic structure. › Design an addition or accessory structure to be visually subordinate to the historic building (It shall not replicate the design of the historic building.) › Use materials that are of a similar color, tex- ture, and scale to materials in the surrounding historic context. › Design an addition or accessory structure to be compatible with the scale, massing and rhythm of the surrounding historic context. › Incorporate windows, doors and other open- ings at a consistent solid-to-void ratio to those found on nearby historic buildings. › Use simplified versions of building components and details found in the surrounding historic context. This may include: a cornice; a distinc- tive storefront or main door surround; window sills or other features. › Do not use replicas of historic building components and details that would convey a false history or that would draw undue attention to the addition. 4 For More Information: See web link to Preservation Brief 14: New Exterior Additions to Historic Buildings: Preservation Concerns http://www.nps.gov/tps/how-to-preserve/ briefs/14-exterior-additions.htm DRAFT Old Town Fort Collins Design Guidelines | March 2014 63 3. 32 Design an addition or secondary structure to be subordinate to the historic building. › Place an addition or secondary structure to the side or the rear of the historic structure. › Place a rooftop or upper-story addition to the rear to minimize visual impacts from public streets. › Do not locate an addition on a primary façade. 3. 33 Clearly differentiate an addition from the historic structure. › Use changes in material, color and/or wall plane. › Consider using a lower-scale connecting ele- ment to join an addition to a historic structure. › Consider using contemporary architectural styles or materials in an addition (a simplified version of the architectural style of the historic structure may be permitted). 3. 34 Do not try to make an addition or secondary structure appear older than it is. › Avoid using historic details. 3.35 Do not damage the historic fabric of the historic building when adding an addition. › Do not damage or obscure significant architec- tural features of the historic building. Locating an Addition to a Historic Commercial Structure An addition to a historic commercial structure shall be subordinate to, and clearly differentiated from, the historic structure as illustrated below. Historic Structure The one and two- story commercial building illustrated at right are historic. Historic Structures Rear Addition The rear addition illustrated at right is appropriate. Rear Addition 4 Rooftop Addition The rooftop addition illustrated at right is appropri- ate because it is set back from the front façade. Rooftop Addition 4 Appropriate addition to the rear of a contribut- 64Resources Design Standards for the Treatment of Historic DRAFT Planning for Energy Efficiency PLANNING FOR ENERGY EFFICIENCY These standards address maintaining and improving resource and energy efficiency in a historic building, as well as methods for approaching energy conservation and generation technologies. The standards in this section apply to projects involving historic buildings. Other sustainability standards throughout this docu- ment will also apply. Objectives for historic preservation and community sustainability are often in alignment. Follow these basic steps when considering a rehabilitation project for energy efficiency: Step 1: Establish Project Goals. Develop an overall strategy and project goals for energy efficiency to maximize the effectiveness of a project. This will establish a broad view that can help place individual actions into context. Focus on minimizing use of resources and energy, minimizing negative environmental impacts, and retaining the his- toric integrity of a property. Strategies shall maximize the inherent value of the historic resource prior to considering alterations or retrofitting with new energy generation technology. Step 2: Maintain Building Components in Sound Condition. Maintaining existing building fabric reduces negative environmental impacts. Re-using a building preserves the energy and resources invested in its construction, and removes the need for producing new construction materials. Step 3: Maximize Inherent Sustainable Qualities. Typically, historic buildings in the Old Town Historic District were built with resources and energy efficiency in mind. Construction methods focused on durability and maintenance, resulting in individual building fea- tures that can be repaired if damaged, thus minimizing the use of materials throughout the building’s life cycle. Buildings were also built to respond to local climate conditions, integrating passive and active strategies for year-round interior climate control, which increase energy efficiency. Passive strategies typically include building orientation and features such as roof over- hangs and windows to provide both natural day lighting as well as management of solar heat gain. Active strate- gies typically include operable building features such as awnings and double-hung and transom windows. Identify a building’s inherent sustainable features and operating systems and maintain them in good operat- ing condition. In some cases these features may be covered, damaged or missing; repair or restore them where necessary. Step 4: Enhance Building Performance. A historic building’s inherent energy efficiency shall be augmented using techniques which improve energy efficiency without negatively impacting historic building elements. Noninvasive strategies such as increased in- DRAFT Old Town Fort Collins Design Guidelines | March 2014 65 ENHANCING ENERGY PERFORMANCE Improvements to enhance energy efficiency shall complement the historic building. The structure, form and materials shall be sensitively improved in energy efficiency terms to preserve the building’s character. 3.36 Use noninvasive strategies when applying weatherization improvements. › Use cost-effective weather-stripping, insulation and storm windows to improve energy ef- ficiency while preserving historic character. › Install additional insulation in an attic, basement or crawl space as a simple method to make a significant difference in a building’s energy ef- ficiency. Provide sufficient ventilation to avoid moisture build-up in the wall cavity. › Install weatherization strategies in a way that avoids altering or damaging significant materials and their finishes. › Use materials which are environmentally friendly and that will not interact negatively with historic building materials. › When a roof must be replaced, consider install- ing a radiant barrier. › Maintain historic windows; keep them in good repair and seal all leaks. › Retain historic glass, taking special care in putty replacement. › Maintain the glazing compound regularly. Re- move old putty with care. › Use operable systems such as storm windows, insulated coverings, curtains and awnings to enhance performance of historic windows. MAINTAINING ENERGY EFFICIENCY The historic sustainable building features and systems of a historic building shall be maintained in good oper- ating condition. 3.37 Preserve the inherent energy efficient features of the historic building in operable condition. › Identify a building’s inherent sustainable features and operating systems and maintain them in good condition. › Retain historic shutters, awnings, canopies and transoms. Operable features such as these will increase the range of conditions in which a building is comfortable without mechanical climate controls. Energy Audit To inform an energy efficiency project strategy, conduct an energy audit. Energy audits can give a comprehensive view of how energy is currently managed, in the daily and seasonal cycles of use, and can also provide perspective on the payback of investment for potential work on the building. For example, an energy audit, when examined based on an overall strategy, may demonstrate that priorities shall be on increasing insulation in 66Resources Design Standards for the Treatment of Historic DRAFT Commercial Building Energy Efficiency Diagram This diagram summarizes the principal direction in the standards for a rehabilitation project for energy efficiency on a commercial building. These measures can enhance energy efficiency while retaining the integrity of the historic structure. Upper-story WindoWs » Maintain historic windows » Weather-strip and caulk » Add storm windows (preferably interior) transoms » Retain operable transom to circulate air solar panels » Set back from primary façade to minimize visibility from street attic » Insulate internally or roof Green roof » Place below parapet line to minimize visibility from street Wind tUrbines » Set back from primary façade to minimize vis- ibility from street roof material » Retain & repair aWninGs/canopies » Use operable awnings to control solar access and heat gain » Use fixed canopies to provide year-round shade and shelter doors » Maintain/weather-strip historic doors » Weather-strip » Consider interior air lock area storefront WindoWs » Maintain/weather-strip historic windows 73 DRAFT Old Town Fort Collins Design Guidelines | March 2014 67 3. 39 Install solar collectors to minimize potential adverse effects on the character of a historic property. › Place collectors to avoid obscuring significant features or adversely affecting the perception of the overall character of the property. › Size collector arrays to remain subordinate to the historic structure. › Install collectors on an addition or secondary structure. › Minimize visual impacts by locating collectors back from the front façade. › Ensure that exposed hardware, frames and pip- ing have a matte finish, and are consistent with the color scheme of the primary structure. › Use the least invasive method to attach solar collectors to a historic roof. USING ENERGY GENERATING TECHNOLOGIES Integrate modern energy technology into a historic structure while maintaining its historic integrity, to the extent reasonably feasible. Use of energy-generating technologies should be the final option considered in an efficiency rehabili-tation project. Utilize strategies to reduce energy con-sumption prior to undertaking an energy generation project. Consider the overall project goals and energy strategies when determining if a specific technology is right for the project. As new technologies are tried and tested, it is impor- tant that they leave no permanent negative impacts to historic structures. The reversibility of their applica- tion will be a key consideration when determining if it shall be permitted. 3.38 Locate energy-generating technology to minimize impacts to the historic character of the site and structure. › Locate technology where it will not damage, obscure or cause removal of significant features or materials. › Maintain the historic character of the building. › Install technology in such a way that it can be readily removed and the historic character eas- ily restored. › Use materials which are environmentally friendly and that will not interact negatively with historic building materials. 3.40 Install wind turbines to minimize potential adverse effects on the character of a historic property. › Use turbines and any exposed hardware with a matte finish that is consistent with the color scheme of the primary structure. › Do not obscure significant features or impair the building’s historic significance. › Attach turbines in a manner that avoids damage to significant features. › Install turbines to allow restoration of affected 68Resources Design Standards for the Treatment of Historic DRAFT ACCESSIBILITY In 1990, the passage of the Americans with Disabilities Act (ADA) mandated that all places of public accom- modation be accessible to everyone. This includes his- toric structures that are used for commercial, rental, multi-family and public uses. Note that the law provides that alternative measures may be considered when the integrity of a historic resource may be threatened. In most cases, property owners can comply without compromising the historic resource. Owners of his- toric properties should comply to the fullest extent feasible with accessibility laws, while also preserving the integrity of the character-defining features of their building or site. These standards shall not prevent or inhibit compliance with accessibility laws. 3.41 Accessibility improvements shall be designed to preserve the integrity of a historic property. › Retain the key features of the historic structure in any design. › Ensure that accessibility improvements are “reversible.” PHASING PRESERVATION IMPROVEMENTS In some cases, a property owner may wish to make in- terim preservation improvements, rather than execute a complete rehabilitation of a historic property. This work shall be planned such that it establishes a founda- tion for future improvements that will further assure continued use of the property and retain its historic significance. For example, a simplified cornice element may be installed on a commercial storefront, in lieu of reconstructing the historic design, with the intent that an accurate reconstruction would occur later. 3.42 Plan interim preservation improvements to retain opportunities for future rehabilitation work that will enhance the integrity of a historic property. › Preserve key character-defining features while making interim preservation improvements. › Avoid interim preservation improvements that would foreclose opportunities for more exten- sive rehabilitation in the future. › See photo sequence on page 28. Accessibility improvements shall be designed to preserve the integrity of a historic property to the maximum extent feasible. 75 DRAFT Old Town Fort Collins Design Guidelines | March 2014 69 TEMPORARY STABILIZATION TREATMENTS When a building is to be unoccupied for an extended period of time, it may be secured in a way in which to preserve historically significant features and prevent deterioration from weathering or vandalism. Often termed “mothballing,” such procedures are particularly relevant to properties that have been vacant for a long time. Stabilization shall be planned such that the integ- rity of the property will be maintained. 3.43 If a building is unoccupied, secure it in a way that protects its historic character. › Maintain a weather-tight roof. Temporary roof- ing may be installed if needed. › Structurally stabilize the building, if needed. › When enclosing a window or door opening, avoid damaging frame and sash components. Mount any panel to cover the opening on the interior. Also, paint the panels to match the building color. › Provide adequate ventilation to the interior of the building. EXISTING HISTORIC ALTERATIONS Many historic structures experience changes over time as design tastes change or need for additional space occurs. Many of these occurred while retaining the characteristics that are key historic features. Some of these alterations now may be historically significant themselves. An addition constructed in a manner compatible with the historic building and as- sociated with the period of significance is an example, and it too may merit preservation in its own right. In contrast, more recent alterations usually have no historic significance and may even detract from the character of the building and obscure significant fea- tures. Removing such an alteration may be considered in a rehabilitation project. Historic features that have been modified can also be restored. 3.44 Consider the significance of early alterations and additions. Consider these options: › Preserve an older addition or alteration that has achieved historic significance in its own right, when it is key to understanding the history of the property. › Take the context into consideration. If other nearby properties also reflect a similar history of alteration, then preserving the alteration may be preferred. In other cases, if other buildings are more intact, in terms of their historic char- acter, then removing the alteration to restore the earlier appearance may be preferred. 76 70Resources Design Standards for the Treatment of Historic DRAFT 77 4 DESIGN STANDARDS FOR ALL PROPERTIES 78 79 73 DRAFT Old Town Fort Collins Design Guidelines | March 2014 AWNINGS AND CANOPIES Traditionally, awnings and canopies were noteworthy features of buildings in the Old Town Historic District, and their continued use is encouraged. These elements are simple in detail, and they reflect the character of the buildings to which they are attached. 4.1 Preserve traditional canopies. › Retain historic hardware. 4.2 Install an awning or canopy to f it the opening and be in character with the building. › A fabric awning is permitted. › A fixed metal canopy may be considered when it would be in character. › Mount an awning or canopy to accentuate character-defining features. The awning or canopy shall fit in the openings of the buildings. › Simple sloping awnings and flat canopies are permitted. Odd shapes, bullnose awnings and bubble awnings are prohibited. 4.3 Design an awning or canopy with colors and materials that are durable and compatible with the structure. › Use canvas or a similar woven material (preferred approach) for an awning. › Do not use a material without proven durabil- ity or that has a gloss finish. › Contemporary awnings are permitted. Design Standards for All Properties › Post supported canopies are prohibited on the front facade of a commercial building. However, they are permitted on a rear facade that faces an alley. Design an awning or canopy with colors and materials that are durable and compatible with the structure. Traditionally, awnings were noteworthy features of commercial buildings, and their continued use is encouraged. Awnings and canopies can help define windows, entry areas and the pedestrian level of buildings. For More Information See web link to Preservation Brief 44: The Use of Awnings on Historic Buildings, Repair, Replacement and New Design http://www.nps.gov/tps/how-to-preserve/ briefs/44-awnings.htm 80 74 DRAFT Design Standards for All Projects STREET LAYOUT Established vehicular, pedestrian and bicycle access shall be preserved. 4.4 Retain the historic network of streets and alleys. › The network of streets and alleys shall be retained as public circulation space and for maximum public access. › Streets and alleys shall not be enclosed or closed to public access. › Link a new walkway to an existing public right-of-way. OUTDOOR USE AREAS Outdoor use areas occur as accents. These include outdoor dining areas and small public plazas. These shall be integrated with the design of the site and the building. Small Public Plazas and Courtyards A small public plaza or courtyard may be considered. However, within the heart of the Old Town Historic District, where the greatest concentration of historic storefronts align, creating a gap in the street wall is discouraged, because it disrupts the street wall. 4.5 A small public plaza or courtyard shall contain features to promote and enhance its use. › It must be: directly accessible to the public way; level with the public way; › It may have one or all of the following: street furniture; public art; historical/interpretive marker. A small public plaza or courtyard is permitted at the rear of the structure to help to enliven the alley set- ting. 81 75 DRAFT Old Town Fort Collins Design Guidelines | March 2014 Terraces, Patios and Deck Space Improvements that provide areas for active outdoor use (i.e., dining) are welcomed amenities, but they must be in character with the historic fabric in the Old Town Historic District. There are typically two types: raised and at-grade. 4.6 Locate a raised dining area (deck) to minimize visual impacts to the street. › Placing it to the rear of a property is preferred. › A rooftop deck may be permitted, if it is set back from the building facade. › A projecting or cantilevered deck is prohibited. › Dining support service areas, such as wait stations and dish areas, shall be located away from public view. 4.7 Locate an at-grade dining area to minimize impacts on the streetscape. › Consider locating an at-grade dining area to the side or rear of a property to the extent reasonably feasible. › It is permissible to locate an at-grade dining area in the public ROW in a street wall context, subject to any necessary permits or encroachment agreements which may be required. The dining area shall be clearly defined in this setting. HANDRAILS AND ENCLOSURES In some circumstances it may be necessary to add handrails or an enclosure to a property to accommo- date an outdoor dining area, accessibility or to enhance safety. If so, it must have minimal impact on the urban setting and/or a historic resource. 4.8 A railing shall be simple in design. › Simple metal work is permitted. › Very ornate metal, plastic or wood designs are prohibited. › The railing shall be transparent in its overall appearance. One shall be able to see through to the building. Railings shall be mostly transparent and simple in design. 4 4 82 76 DRAFT Design Standards for All Projects SITE LIGHTING The light level at the property line is a key design con- sideration. This is affected by the number of fixtures, their mounting height, and the lumens emitted per fixture. It is also affected by the screening and design of the fixture. Light spill onto adjacent properties and into the night sky shall be minimized and the design shall be compatible with the district. 4.11 Shield lighting to prevent off-site glare. › A light fixture shall incorporate a cut-off shield to direct light downward. › A luminaire (lamp) shall not be visible from adjacent streets or properties. › Shield a fixture to minimize light spill onto adjacent properties and into the night sky. 4 .12 A light f ixture must be in character with the setting. › A fixture shall be compatible with the historic context. ART AND HISTORIC PROPERTIES Public art is welcomed as an amenity in Fort Collins’ historic districts. It shall be planned as an integral component of the urban environment and shall be strategically located to serve as an accent to public areas. An installation on private property that is visible from the public way also shall be planned to retain the historic significance of a property. 4 .9 Plub l i c a r t must be compa t i b l e with the historic context. › An art installation shall not impede one’s ability to interpret the historic character of the district. › Locate public art such that the ability to perceive the character of historic buildings nearby is maintained. 4.10 An art installation on a historic property must be compatible with the resource. It shall: › Maintain one’s ability to interpret the historic character of the resource. › Preserve key features that contribute to the property’s significance. › Be reversible in a way that the key features of the property remain intact. 83 77 DRAFT Old Town Fort Collins Design Guidelines | March 2014 BUILDING LIGHTING The character and level of lighting that is used on a building is of special concern. Traditionally, exterior lights were simple in character and were used to high- light signs and building entrances. Most fixtures had incandescent lamps that cast a color similar to daylight, were relatively low intensity and were shielded with simple shade devices. Although new lamp types may be considered, the overall effect of modest, focused, building light shall be continued. When installing lighting on a historic building, use exist- ing documentation as a basis for the new design. If no documentation exists, use a contemporary light fixture that is simple in design. Building lighting shall be installed in a manner so as not to damage the historic fabric of the building and shall be reversible. Most historic light- ing was subdued and directed at signs, entrances and in a few cases building features. 4.13 Use lighting to accent: › Building entrances, signs and to illuminate walkways. 4.14 Minimize the visual impacts of architectural lighting. › Use exterior light sources with a low level of luminescence. › Use lights that cast a similar color to daylight. › Do not wash an entire building facade in light. › Use lighting fixtures that are appropriate to the building and its surroundings in terms of style, finish, scale and intensity of illumination. › Mount exterior fixtures in an inconspicuous manner. › Do not damage or obscure historic building components and fabric when mounting exterior fixtures. 4.15 Use shielded and focused light sources to prevent glare. › Provide shielded and focused light sources that direct light downward. › Do not use high intensity light sources or cast light directly upward. › Avoid excessive light spill from buildings. 84 78 DRAFT Design Standards for All Projects SURFACE PARKING The visual impact of surface parking shall be mini- mized. On-site parking must be subordinate to other uses and the front of the lot shall not appear to be a parking area. 4.18 Minimize the visual impact of surface parking. › Locate a parking area at the rear or to the side of a site or to the interior of the block to the maximum extent feasible. This is especially important on corner properties. Corner properties are generally more visible than interior lots, serve as landmarks and provide a sense of enclosure to an intersec- tion. 4.19 Site a surface lot so it will minimize gaps in the continuous building wall of a commercial block. › Where a parking lot shares a site with a building, place the parking at the rear of the site, or if this is not feasible, beside the building. 4.20 Provide a visual buffer where a parking lot abuts a public sidewalk. › A landscaped strip or planter using a combi- nation of trees and shrubs is permitted. › A low, decorative wall as a screen for the edge of the lot is also permitted. Materials must be compatible with those of nearby buildings. SERVICE AREAS Service areas shall be visually unobtrusive and must be integrated with the design of the site and the building. 4.16 Minimize the visual impacts of a service area. › Orient a service entrance, waste/compost disposal area or other service area toward service lanes and away from public streets. › Screen a service area with a wall, fence or planting, in a manner that is in character with the building and its site. 4.17 Position a service area to minimize conflicts with other abutting uses. › Minimize noise impacts by locating sources of offensive sounds away from other uses. › Use an alley. Orient a service area towards service lanes and away from public streets. 4 85 79 DRAFT Old Town Fort Collins Design Guidelines | March 2014 BUFFERS Parking, storage and equipment areas shall be visually buffered with landscaping or a screen wall. The design must complement the context. 4.21 Provide a visual buffer along the edge of a parking lot or service area. › Use a landscape strip or screen wall at the edge of a parking lot. › Provide an evergreen landscape buffer or screen wall by ground mounted mechanical equipment, service and/or storage areas. BUILDING EQUIPMENT Junction boxes, external fire connections, telecom- munication devices, cables, conduits, satellite dishes, HVAC equipment and fans may affect the character of a property. These and similar devices shall be screened from public view to avoid negative effects. 4.22 Minimize the visual impacts of building equipment on the public way and the district as a whole. › Screen equipment from view. › Do not locate equipment on a primary facade. › Use low-profile or recessed mechanical units on rooftops. › Locate satellite dishes and mechanical equip- ment out of public view. › Locate utility lines and junction boxes on secondary and tertiary walls, and group them, to the maximum extent feasible. › Group utility lines in conduit, and paint these elements, to match the existing background color, to the maximum extent feasible. › Locate a utility pedestal (ground mounted) to the rear of a building, to the maximum extent feasible. Parking Buffers Consider the use of a landscaped strip or planter to provide a visual buffer where a parking lot abuts a public sidewalk. 4 86 80 DRAFT Design Standards for All Projects 4.23 Install mechanical equipment to minimize impacts on historic fabric. › Install mechanical equipment in areas and spaces that require the least amount of alteration to the historic building. › Avoid cutting holes in important architectural features, such as cornices, decorative ceilings and paneling. › Do not install mechanical equipment on a primary façade, to the maximum extent feasible. SECURITY DEVICES It may sometimes be necessary to provide a security device on a building. It shall be designed to be as inconspicuous as possible, and must not alter signifi- cant architectural features of the building. The use of interior, operable, transparent devices is preferred. 4.24 Minimize the visual impact of security devices. › Locate a security device inside a storefront, to the maximum extent feasible. › Use operable and transparent (simple bars with spacing so one can view through to display) security devices on ground floor storefronts, to the maximum extent feasible. › Opaque, roll-down metal screens are prohibited, because these obscure products on display and thereby weaken the interest of the street to pedestrians when in a closed position. › Decorative security devices are permitted when they complement the architectural style. › Security devices are prohibited above the second floor, unless unique security condi- tions are indicated. Install roof-mounted mechanical equipment, such as air conditioners, to be inconspicuous when viewed from pub- lic streets. Back side of building. 4 87 81 DRAFT Old Town Fort Collins Design Guidelines | March 2014 4.25 Do not damage the character of the historic building when installing a security device. › Do not damage or obscure significant architec- tural features of the historic building. › The installation shall be reversible. Once removed the historic building must remain intact and the integrity of historic materials shall not be compromised. 4 4 4 Decorative secu- rity devices are permitted when they complement the architectural style. 88 82 DRAFT Design Standards for All Projects 4.27 Base or background colors shall be muted. › Building features shall be muted, while trim accents can be either a contrasting color or a harmonizing color. › An accent color shall not contrast so strongly as to not read as part of the composition. › Bright high-intensity colors are not permit- ted. › Use matte or low luster finishes instead of glossy ones. › Non-reflective, muted finishes on all features is preferred. 4.28 Building elements shall be f inished in a manner similar to that seen traditionally. The following are recommended treatments: › Brick and stone: unpainted, natural color unless painted historically › Window frames and sash, doors and frame and storefronts: wood - painted; metal - anodized or baked color › Highly reflective materials, weathered wood and clear finishes are prohibited on large surfaces. A clear finish is permitted on a wood entry door. ARCHEOLOGICAL RESOURCES Negative impacts on archeological resources shall be avoided. 4.29 Leave archeological resources in place, to the maximum extent feasible. › Avoid disturbing known archeological resources, to the maximum extent feasible. › If archeological materials are discovered contact the City of Fort Collins Historic Preservation office. COLOR Traditionally, color schemes in the Old Town Historic District were relatively muted. A single base color was applied to the primary wall plane. Then, one or two accent colors were used to highlight ornamental features, as well as trim around doors and windows. Since many of the commercial structures were brick, the natural color of the masonry became the back- ground color. Sometimes a contrasting masonry was used for window sills and moldings. As a result, the contrast between the base color and trim was rela- tively subtle. These traditions of using limited num- bers of colors, and muted ones, shall be continued. These standards do not specify which colors should be selected, but rather how they shall be used. 4.26 The facade shall “read” as a single composition. › Employ color schemes that are simple in character. › Using one base color for the building walls 5 DESIGN STANDARDS FOR NEW CONSTRUCTION 90 91 85 DRAFT Old Town Fort Collins Design Guidelines | March 2014 Overview Designing a new building to fit within the historic char- acter of the Old Town Historic District requires careful thought. Preservation in a historic district context does not mean that the area must be “frozen” in time, but it does mean that, when new building occurs, it shall be in a manner that reinforces the basic visual characteristics of the district. This does not imply, however, that a new building must look old. In fact, imitating historic styles is discouraged. Rather than imitating older styles, a new design shall relate to the fundamental characteristics of the his- toric context while also conveying the design trends of today. It may do so by drawing upon basic ways of building that make up a part of the character of the district. Such features include the way in which a build- ing is located on its site, the manner in which it relates to the street and its basic mass, form and materials. When these design variables are arranged in a new building to be similar to those seen traditionally, visual compatibility results. This section provides design standards for new infill construction and improvements to buildings that con- tribute to the fabric in the Old Town Historic District. › Building Placement and Orientation › Architectural Character and Detail › Building Mass, Scale and Height › Building and Roof Forms › Primary Entrances › Materials › Windows New Additions A new addition to an existing building in the historic district shall follow the standards for new construction provided in this section. See also the Design Standards for the Treatment of Historic Resources section, for additional standards that apply to additions to a historic structure. The general alignment of storefronts, moldings and upper story windows contributes to the visual continuity of many commercial blocks in Old Town Fort Collins. A variation in the height of cornices exists, within a range of one to three stories. Facade widths also vary, but within a relatively narrow range. 92 86 DRAFT Design Standards for New Construction Considering Context Compatibility with the Old Town context is a key principle for the design of new construction. This typically focuses on buildings in the same block, on both sides of the street, and also across an alley. In some cases, a structure that is not historic may also be found in the immediate vicinity, but this does not influence considerations of compatibility. BUILDING PLACEMENT AND ORIENTATION Traditionally, buildings in Old Town were arranged in consistent development patterns, in terms of their site plan and orientation. Most commercial buildings aligned uniformly along a street. This created a con- sistent “street wall” that is now a key feature of the historic district. Reinforcing traditional development patterns is paramount in designing a new building to fit within the historic district. New infill shall reflect traditional development patterns, including facade alignment and uniform building orientation. 5.1 Maintain the alignment of building fronts along the street. › Locate a new building to reflect established alignment patterns along the block. › Where historic buildings are positioned at the sidewalk edge, creating a uniform street wall, then a new building shall conform to this alignment. 5.2 Maintain the traditional pattern of buildings facing the street. › Locate a primary entrance to face the street and design it to be clearly identifiable. › For a commercial storefront, use a recessed Locate a primary entrance to face the street and be clearly iden- entry. tifiable. 4 New Commercial Building Design Maintain the alignment of building fronts along the street. 93 87 DRAFT Old Town Fort Collins Design Guidelines | March 2014 4 ARCHITECTURAL CHARACTER AND DETAIL In order to assure that historic resources are appreci- ated as authentic contributors in the historic district, it is important that a new building be distinguishable from them while also remaining compatible with the context. New construction shall appear as a product of its own time while also being compatible with the historically significant resources of the area. 5.3 Design a new building to express its own time while remaining compatible with the historic district. › See the standards that follow for information about basic elements of compatibility. 5.4 An interpretation of a historic style that is authentic to the district will be considered if it is subtly distinguishable as being new. › Avoid an exact imitation of a historic style that would blur the distinction between old and new buildings and make it more difficult to understand the architectural evolution of the district. 4 New construction should appear as a product of its own time while also being compatible with the historically significant resources of the area. Avoid an exact imitation of a historic style that would blur the distinction between old and new buildings and make it more dif- ficult to understand the architectural evolution of the district. 94 88 DRAFT Design Standards for New Construction 4 Design a new building to reflect its time while respecting key features of its context. 5.5 Incorporate traditional facade articulation techniques in a new design. Use these methods: › a tall first floor › vertically proportioned upper story windows › window sills and frames that provide detail › horizontal expression elements, such as canopies, belt courses, moldings and cornices › vertical expression features, such as columns and pilasters › a similar ratio of solid wall to window area › a base, middle and a cap 4 Incorporate traditional facade articulation techniques in a new design. Incorporate a kickplate into a storefront design. 95 89 DRAFT Old Town Fort Collins Design Guidelines | March 2014 4 BUILDING MASS, SCALE AND HEIGHT Each historic building in the district exhibits distinct characteristics of mass, height and a degree of wall articulation that contributes to its sense of scale. As groupings, these structures establish a definitive sense of scale. A new building shall express these traditions of mass and scale, and it must be compatible in height, mass and scale with its context, including the specific block and the historic district as a whole. 5.6 Convey the traditional size of historic buildings in new construction as it is perceived at the street level. › The height of a new building shall appear to be within the height range established in the context, especially at the street frontage. › Floor-to-floor heights shall appear similar to those of traditional buildings. › If an additional floor is permitted, place it (or sufficient portions of it) back from the street front to maintain the traditional range of heights at the street edge. 5.7 The overall height of a new building shall be compatible with the historic district. A building height that exceeds the height range established in the context will be considered when: › It is demonstrated that the additional height will be compatible with adjacent properties and for the historic district at large. › Taller portions are set back from the street. › Access to light and air of surrounding proper- ties is respected. The overall height of a new building should be compatible with the historic district. A building height that exceeds the height range established in the context will be considered when it is demonstrated that the additional height will be compatible with adjacent properties and for the historic district at large. Note the additional height on the building in the background steps back from the front and side. 4 The height of a new building should appear to be within the height range established in the context, especially at the street frontage. 96 90 DRAFT Design Standards for New Construction Mass, Scale and Height at Different Levels Building mass, scale and height shall be considered in these ways: (1) As experienced at the street level immediately adjacent to the building. › At this level of perception, the actual height of the building wall at the street edge is a key factor. The scale of windows and doors, the modular characteristics of building materials, and the expression of floor heights also contribute to perceived scale. (2) As viewed along a block, in perspective with others in the immediate area. › The degree of similarity (or diversity) of building heights along a block, and the repetition of similar features, including openings, materials and horizontal expres- sion lines, combine to establish an overall sense of scale at this level of experiencing context. (3) As seen from key public viewpoints inside and outside of the historic district. › In groups, historic buildings and compat- ible newer structures establish a sense of scale for the entire district and define the skyline. 5.8 Provide variation in building height when a new building is substantially larger than historic buildings in the district. › In order to reduce the perceived mass of a larger building, divide it into subordinate modules that reflect traditional building sizes in the context. › Vary the height of building modules in a large structure, and include portions that are similar in height to historic structures in the district. Avoid excessive modulation of a building mass, since this would be out of character with simpler historic building forms in the area. 5.9 Maintain the scale of traditional building widths in the context. › Design a new building to reflect the estab- lished range of the traditional building widths in the district. › Where a building must exceed this width, use changes in design features so the building reads as separate building modules reflecting tradi- tional building widths and massing. Changes in the expression and details of materials, changes in window design, facade heights or materials are examples of techniques that shall be considered. › Where these articulation techniques are used, they shall be expressed consistently through- out the structure, such that the composition 91 DRAFT Old Town Fort Collins Design Guidelines | March 2014 4 This single, new infill building is divided into modules to reflect the scale of the historic context. The height of a new building shall appear to be within the height range of historic buildings, especially at street frontage. 5.10 Establish a sense of human scale in a building design. › Use vertical and horizontal articulation techniques to reduce the apparent mass of a larger building and to create visual interest. › Express the position of each floor in the external skin of a building to establish a scale similar to historic buildings in the district. › Use materials that convey scale in their proportion, detail and form. › Design architectural details to be in scale with the building. Using windows, doors, and storefronts (in commercial buildings) that are similar in scale to those seen traditionally is permitted. This single infill building successfully employs building articulation methods to break up the mass of the building. Note the height of the storefront, depth of openings and variation in parapet heights. The building also reads as separate masses with the vertical circulation offsets that have been employed. 4 4 98 92 DRAFT Design Standards for New Construction BUILDING AND ROOF FORMS A similarity of building forms also contributes to a sense of visual continuity. In order to maintain this feature, a new building shall have a basic form that is similar to that seen traditionally. 5.11 Use simple, rectangular building forms. › Use building forms that appear similar to traditional forms. › Use roof forms similar to those seen tradition- ally in the district. Floor to floor heights shall appear similar to those of traditional buildings. 4 Use a tall first floor and vertically proportioned upper story win- dows. 4 99 93 DRAFT Old Town Fort Collins Design Guidelines | March 2014 ENTRANCES Traditionally in the historic district, most primary en- trances were oriented to the street and were recessed. They provided visual interest and a sense of scale to each building. A primary entrance shall be clearly iden- tifiable in a new building and it must be in character with the building and its context. The entrance shall include features to signify it as such, and convey a sense of scale. 5.12 Orient a primary entrance towards the street. › Design an entrance to a commercial building to convey a sense of scale and provide visual interest. 5.13 Maintain the pattern created by recessed entryways. › Set the door back an adequate amount from the front facade to establish a distinct thresh- old for pedestrians. › Where an entry is to be recessed, the building line at the sidewalk edge shall be maintained by the upper floor(s). › Use a transom over a doorway to maintain the full vertical height of the storefront. › Oversized and undersized entrances are discouraged. 4 100 94 DRAFT Design Standards for New Construction MATERIALS Traditional building materials in the historic district include various types of masonry, primarily brick, stone and concrete. Today, these materials are key to the character of the district. Building materials shall reflect the range of textures, modularity and finish of those employed traditionally. They also shall contribute to the visual continuity of the specific historic district. They shall be of proven durability in similar applications. 5.14 Use building materials that appear similar in scale, color, texture and f inish to those seen historically in the district. › Use materials that are proven to be durable in the local climate. › Use materials that will maintain an intended finish over time, or acquire a patina. › When possible, use masonry with a modular dimension similar to typical masonry materials. › When an alternative material is permitted, use a durable material. (See “Using New Materi- als” to the left for more information.) › On the ground level, use materials that will withstand on-going contact with the public, sustaining impacts without compromising their appearance. Typical Materials Typical historic building materials used in Old Town Fort Collins include: » Masonry › Brick › Stone › Terra Cotta › Poured Concrete › Pre-cast Concrete » Wood » Metal › Cast iron, › Copper › Sheet metal Understanding the character of these materials and the patterns they create is essential to developing new interpretations. Using New Materials Compatibility with historic materials can be achieved without purely replicating their traditional use. A new building material that conveys the es- sence of modularity and the texture and finish of historic masonry, and that has proven durability in the local climate, is often compatible. The degree to which an alternative material may be used successfully on a new building also will be influenced by the degree of consistency or variety in materials that already exists in the block. Use building materials that appear similar in scale, color, texture and finish to those seen historically in the district. 95 DRAFT Old Town Fort Collins Design Guidelines | March 2014 WINDOWS The manner in which windows are used to articulate a new building wall is an important consideration in establishing a sense of scale and visual continuity. Tradi- tionally in Old Town, a storefront system was installed on the ground floor and upper story windows often appeared as punched openings. These features often align with others in the block, and establish a rhythm or pattern of solid and void that vi- sually links buildings along the street. These traditional arrangements may also be interpreted in contempo- rary designs that complement the established patterns within the historic district. Window design and placement shall help to establish a sense of scale and provide pedestrian interest. Es- tablished solid to void patterns must be maintained. Contemporary and creative design interpretations of window rhythms and patterns that reference, but do not duplicate historic designs, are also permitted. 5.15 A contemporary storefront design is permitted. › Design a building to incorporate a ground floor storefront. › Incorporate the basic design features found in traditional storefronts, such as a kickplate, display window, transom and a primary entrance. › In storefront details, use elements similar in profile and depth of detailing seen historically. Design a building to incorporate a ground floor storefront. In traditional commercial buildings, a storefront system was installed on the ground floor and upper story windows often appeared as punched openings. These features are recognized in this contemporary building front. However, a more appropri- ate treatment could be provided in the larger openings to reflect traditional window proportions; for example, a vertical and hori- zontal feature could be provided within the opening. 4 4 4 Incorporate the basic design features found in traditional store- fronts, such as a kickplate, display window, transom and a pri- mary entrance. 102 96 DRAFT Design Standards for New Construction 5.16 Arrange windows to reflect the traditional rhythm and general alignment of others in the district. › Use window rhythms and alignments similar to traditional buildings, such as: vertically proportioned, single or sets of windows, “punched” into a more solid wall surface, and evenly spaced along upper floors; window sills or headers that align; and rows of windows or storefront systems of similar dimensions, aligned horizontally along a wall surface › Creative interpretations of traditional window arrangement will be considered. 5.17 Use durable window materials. › Permitted window materials include metal and wood frame. › Prohibited window materials include synthetic materials that do not have a proven durability, such as plastic snap-in muntins. Arrange windows to reflect the traditional rhythm and general alignment of others in the area. 4 103 97 DRAFT Old Town Fort Collins Design Guidelines | March 2014 New Construction and Sustainability ENERGY EFFICIENCY IN NEW DESIGNS The conservation of energy is a key objective in site design, building design and building orientation. The site design process shall include an evaluation of the physical assets of the site to maximize energy efficiency and conservation in the placement and design of a build- ing. Designs shall consider seasonal changes in natural lighting and ventilation conditions. A design shall also take into account the potential effect on an adjoining property, in terms of its solar ac- cess and ability to implement the same environmental design principles. Careful consideration shall also be given to balancing sustainable design principles with those related to maintaining the traditional character of the area. 5.18 Locate a new building, or an addition, to take advantage of microclimatic opportunities for energy conservation, while avoiding negative impacts to the historic context. › Orient a building to be consistent with historic development patterns to the maximum extent feasible. › Maximize energy efficiency and conservation opportunities to the extent reasonably feasible. 5.19 Design a building, or an addition, to take advantage of energy saving and generating opportunities. › Design windows to maximize daylighting into interior spaces. › Use exterior shading devices to manage solar gain in summer months. For example, use canopies or awnings on storefronts similar to how they were used traditionally. › Energy-generating devices, including solar collectors and wind turbines, are permitted where they also remain visually subordinate. 104 98 DRAFT Design Standards for New Construction COMMERCIAL ENERGY EFFICIENCY DIAGRAM A Wind Devices: Set back from primary facade to minimize visibility from the street. B Operable Transoms: Allows for natural air circulation. C Green Roofs: Set back from primary facade to minimize visibility from the street. D Shading Devices: Operable canopies located above display windows. E Solar Panels: Set back from primary facade to minimize visibility from the street. A B C D E These sustainability designs should be considered in the context of an overall strategy. 105 99 DRAFT Old Town Fort Collins Design Guidelines | March 2014 ENERGY EFFICIENCY IN BUILDING MASSING A building mass shall maximize the potential for natural daylighting as well as solar energy collection, while avoiding negative impacts to the historic context. 5.20 Shape a building’s mass to maximize solar energy potential. Use the following strategies: › Design a building to allow natural daylighting to the interior. › Articulate wall planes as a way to provide shade or increase solar access to interiors. › Use thermal storage walls on a portion of the south facing building exposure, where appropriate. 5.21 Orient a building to maximize green principles while ensuring compatibility with adjacent, lower-scale structures. Permitted strategies include: › Position the taller portion of a building along a north-south axis to minimize shading on lower scale structures to the north. › Design a building mass to minimize shading south-facing facades of adjacent buildings during winter months. Articulate building mass to take advantage of solar energy. The image above shows a plaza to the left. It is shaded during peak winter hours, therefore the plaza location should be considered on the opposite side of the building. Below, the plaza is to the right; it is enhanced by solar rays during peak winter hours. 106 100 DRAFT Design Standards for New Construction ENVIRONMENTAL PERFORMANCE IN BUILDING ELEMENTS The elements that make up a new building, including windows, mechanical systems and materials, can signifi- cantly impact environmental performance. These shall be designed to maximize the building’s efficiency, while promoting compatibility with surrounding sites and structures. New materials that improve environmental performance are permitted if they have been proven effective in this climate and are compatible with the historic context. 5.22 Use green building materials whenever possible. Such materials are: › locally manufactured › low maintenance › materials with long life spans › recycled materials 5.23 Incorporate building elements that allow for natural environmental control. Consider the following: › operable windows for natural ventilation › low infiltration fenestration products › interior or exterior light shelves/solar screens above south facing windows › green roofs SOLAR AND WIND ENERGY DEVICES Solar and wind energy devices (i.e., solar panels, wind turbines) shall be positioned to have a minimal effect on the character of Old Town. 5.24 Minimize the visual impacts of energy devices on the character of Old Town. › Mount equipment where it has the least visual impact, to the maximum extent feasible. › Exposed hardware, frames and piping shall have a matte finish, and be consistent with the color scheme of the primary structure. Green Roofs Green roofs provide the following benefits: › Increase energy efficiency › Moderate waste diversion › Stormwater management › Reduce heat island effect › Improve air quality › Provide amenity space for building users 107 6 DESIGN STANDARDS FOR SIGNS 108 109 103 DRAFT Old Town Fort Collins Design Guidelines | March 2014 Overview Signs are important elements of Old Town and balanc- ing their functional requirements with the objectives for the overall character of the district is a key con- sideration. Their placement, relationship to historic features and general character are key considerations. This section provides standards that address the qualitative aspects of sign design, in terms of how signs contribute to the character of a historic district and to individual properties. Materials include: › Treatment of Historic Signs › Sign Installation on a Historic Building › Design of New and Modified Signs › Design of Specific Sign Types › Sign Illumination Common signs types found in the district include: › Projecting signs › Flush wall signs › Awning signs › Interpretive signs › Window and door signs Signs are important elements of Old Town and balanc- ing their functional requirements with the objectives for the overall charac- ter of the district is a key consideration. 4 4 4 Sign Code In addition to these standards, also see the Fort Collins Land Use Code, Division 3.8 Supplementary Regulations, 3.8.7 Signs. 110 104 DRAFT Design Standards for Signs All historic signs shall be retained. Historic signs that represent the district’s evolution are also important. 6.1 Consider history , context and design when determining whether to retain a historic sign. Retention is especially important when a sign is: › Associated with historic figures, events or places. › Significant as evidence of the history of the product, business or service advertised. › A significant part of the history of the building or the historic district. › Characteristic of a specific historic period. › Integral to the building’s design or physical fabric. › Integrated into the design of a building such that removal could harm the integrity of a historic property’s design or cause significant damage to its materials. › An outstanding example of the sign maker’s art because of its craftsmanship, use of materials, or design. › Historically significant type of sign Flush wall signs and individual letter signs are signs that are mounted on a building wall. They do not project significantly from the surface to which they are mounted. 6.2 Leave a historic wall sign exposed. › Do not paint over a historic sign. › There are times when some alterations to a historic wall sign may be permitted; these are: › If the sign is substantially deteriorated, patching and repairing is permitted. › If it is located on a secondary facade › If the sign serves a continuing use, i.e., there are older signs that still have an active business and they need to change information such as the hours of operation 6.3 Do not over restore a historic wall sign. › Do not restore a historic wall sign to the point that all evidence of its age is lost. › Do not significantly re-paint a historic wall sign even if its appearance and form is recaptured. 4 Leave historic wall signs exposed. Treatment of Historic Signs See Also: Web link to Preservation Brief 25: The Preserva- tion of Historic Signs http://www.nps.gov/tps/how-to-preserve/ briefs/25-signs.htm 111 105 DRAFT Old Town Fort Collins Design Guidelines | March 2014 Sign Installation on a Historic Building When installing a new sign on a historic building, it is important to maintain the key architectural features of and minimize potential damage to the building. 6.4 Avoid damaging or obscuring architectural details or other building features when installing a sign. › No sign or sign structure or support shall be placed onto or obscure or damage any significant architectural feature of a building, including but not limited to a window or a door frame, cornice, molding, ornamental feature, or unusual or fragile material. 6.5 A sign shall not obscure character- defining features of a historic building. › A sign shall be designed to integrate with the architectural features of a building, not distract from them. › No sign shall be painted onto any significant architectural feature, including but not limited to a window or door frame, cornice, molding, ornamental feature, or unusual or fragile material. › No support for a sign shall extend above the cornice line of a building to which the sign is attached. A sign shall be designed to integrate with the architectural fea- tures of a building, not distract from them. This sign remains subordinate to the architectural feature since much of the mold- ing is still visible. Avoid damaging or obscuring architectural details or features when installing signs. 4 4 Mount a sign to fit within existing architectural features using the shape of the sign to help reinforce the horizontal lines of the building. 8 4 112 106 DRAFT Design Standards for Signs Whether it is attached to a historic building or as- sociated with new development, a new or modified sign shall exhibit qualities of style, permanence and compatibility with the natural and built environment. It shall also reflect the overall context of the building and surrounding area. 6.6 A sign shall be subordinate to the overall building composition. › Design a sign to be simple in character. › Locate a sign to emphasize design elements of the facade itself. › Mount a sign to fit within existing architectural features using the shape of the sign to help reinforce the horizontal lines of the building. › All sign types shall be subordinate to the building and to the street. 6.7 Use sign materials that are compatible with the architectural character and materials of the building. › Do not use highly reflective materials. › Use permanent, durable materials. 6.8 Use simple typeface design. › Avoid hard-to-read or overly intricate typefaces. › Use no more than two or three distinct typefaces on a sign. 6.9 Use colors that contribute to legibility and design integrity. › Limit the number of colors used on a sign. Generally, do not use more than three colors. › Vibrant colors are discouraged. 6.10 Using a symbol for a sign is permitted. › A symbol sign adds interest, can be read quickly and is remembered better than written words. Use sign materials that are compatible with the architectural character and materials of the building. Design of New and Modified Signs Using a symbol for a sign is permitted. 4 4 113 107 DRAFT Old Town Fort Collins Design Guidelines | March 2014 A variety of sign types may be permitted if each sign contributes to a sense of visual continuity and does not overwhelm the context. AWNING SIGN An awning/canopy sign occurs flat against the surface of the awning material. 6.11 An awning sign shall be compatible with the building. › Use colors and materials that are compatible with the overall color scheme of the facade. INTERPRETIVE SIGN An interpretive sign refers to a sign or group of signs that provide information to visitors on natural, cultural and historic resources or other pertinent information. An interpretive sign can be erected by a non-profit organization or by a national, state or local govern- ment agency. Interpretive signs shall comply with the design stan- dards for the sign type that is the closest match. The standards below apply to a common freestanding sign type. 6.12 Design an interpretive sign to be simple in character. › The sign face shall be easily read and viewed by pedestrians. › An interpretive sign shall remain subordinate to its context. 4 Although these interpretive signs are outside of the Old Town district they’re good examples of permitted interpretive signs. The signs are simple in character. Design of Specific Sign Types 4 An awning sign shall be compatible with the building. 4 4 4 114 108 DRAFT Design Standards for Signs MURALS A mural is a painting located on the side of the building whose content, reflects a cultural, historic or environ- mental event(s) or subject matter from the district. 6.13 Mural content shall be appropriate to the district and its environs. › The mural may not depict a commercial product brand name or symbolic logo that is currently available. 6.14 When used, a mural shall be incorporated as an element of the overall building design. › The mural shall complement the wall on which it is placed. › It shall not obscure key features of a historic building. 6.15 The application of a mural shall not damage historic materials. › The use of a mural that can be removed at a later date is permitted. Mural content shall be appropriate to the district and its envi- rons. 4 Use a consolidated tenant panel or directory sign to help users find building tenants. 4 A mural shall complement the wall on which it is placed. 4 Design of Specific Sign Types 115 109 DRAFT Old Town Fort Collins Design Guidelines | March 2014 TENANT PANEL OR DIRECTORY SIGN A tenant panel or directory sign displays the tenant name and location for a building containing multiple tenants. 6.16 Use a tenant panel or directory sign to consolidate small individual signs on a larger building. › Use a consolidated tenant panel or directory sign to help users find building tenants. › Locate a consolidated tenant panel or direc- tory sign near a primary entrance on the first floor wall of a building. PROJECTING / UNDER-CANOPY SIGN A projecting/under-canopy sign is attached perpen- dicular to the wall of a building or structure. 6.17 Design a bracket for a projecting/ under-canopy sign to complement the sign composition. 6.18 Locate a projecting/under-canopy sign to relate to the building facade and entries. › Locate a small projecting/under-canopy sign near the business entrance, just above or to the side of the door. › Mount a larger projecting sign higher on the building, centered on the facade or positioned at the corner. Design a bracket for a pro- jecting sign to complement the sign composition. The combination of the sim- ple painted wall sign and the projecting sign are comple- mentary to each another and permitted for this building type. Locate a small projecting sign near the business entrance, just above or to the side of the door. 4 4 4 Design of Specific Sign Types 4 Direct lighting towards a sign from an external, shielded lamp. A projecting/under-canopy sign is attached perpen- dicular to the wall of a building or structure. 4 116 110 DRAFT Design Standards for Signs FLUSH WALL SIGN A flush wall sign is any sign attached parallel to the wall or surface of a building. 6.19 Place a f lush wall sign to promote design compatibility among buildings. › Place a wall sign to align with other signs on nearby buildings. 6.20 Place a flush wall sign relatively close to the building facade. › Design a wall sign to minimize the depth of a sign panel or letters. › Design a wall sign to fit within, rather than forward of, the fascia or other architectural details of a building. Design of Specific Sign Types Place a wall sign to promote design compatibility among build- ings. Design a wall sign to minimize the depth of a sign panel or let- ters. 4 4 A wall sign is any sign attached parallel to the wall or surface of a building. 4 117 111 DRAFT Old Town Fort Collins Design Guidelines | March 2014 4 Design a door sign to minimize the amount of window covered. Design a window sign to minimize the amount of window covered. 4 4 WINDOW AND DOOR SIGN A window sign is any sign, picture, symbol, or combi- nation thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside within one foot of the inside window pane or upon the windowpanes or glass and which is visible from the exterior of the window. 6.21 Design a window sign to minimize the amount of window covered. › Scale and position a window sign to preserve transparency at the sidewalk edge. Design of Specific Sign Types 118 112 DRAFT Design Standards for Signs KIOSKS A sign kiosk is typically a series of configured sign panels. 6.22 A sign kiosk is prohibited within the district. › Unless used by the city for wayfinding or for interpretive information. OTHER SIGN TYPES All sign types that are not mentioned here, but which are permitted in the district, shall adhere to the stan- dards in “Design of New and Modified Signs” in this chapter. ILLUMINATION 6.23 Include a compatible, shielded light source to illuminate a sign. › Direct lighting towards a sign from an exter- nal, shielded lamp. › Do not overpower the building or street edge with lighting. › Use a warm light, similar to daylight. › If halo lighting is used to accentuate a sign or building, locate the light source so that it is not visible. › A sign shall be illuminated from an indirect light source. 6.24 If internal illumination is used, it shall be designed to be subordinate to the overall building composition. › Internal illumination of an entire sign panel is prohibited. If internal illumination is used, a system that backlights text only is permitted. › Internal illumination of an awning is prohibited; however, lights may be concealed in the underside of a canopy. Illumination 119 120 Friends of Preservation Awards Established in 1985 and presented annually since then, the Friend of Preservation Award recognizes exceptional efforts by an individual, organization, or specific project that has done the most to preserve our community’s historic built environment. Staff and the LPC review projects completed within the last year, to identify those few exceptional projects that have gone above and beyond what is normally expected, and identify individuals and organizations who have a history of outstanding contributions to historic preservation over a period of years. Staff then provides a brief biography of each nominee, and the Commission votes on the award recipients. Typically, 3 or 4 recipients are chosen each year. Specifically, the award is presented to the person, organization, or project that has done the most in the past year to: * Ensure a widely visible, lasting link to our community’s heritage and accomplishments of the past; * Further historic preservation purposes as defined in the City of Fort Collins Landmark Preservation Ordinance including: * Designate, preserve, protect, enhance and perpetuate those sites, structures, objects and districts which reflect outstanding elements of the City’s cultural, artistic, social, economic, political, architectural, historic or other heritage; * Foster civic pride in the beauty and accomplishments of the past; * Stabilize or improve aesthetic and economic vitality and values of such sites, structures, objects and districts; * Protect and enhance the City’s attraction to tourists and visitors; * Promote the use of outstanding historical or architectural sites, structures, objects and districts for the education, stimulation and welfare of the people of the City; * Promote good urban design; * Promote and encourage continued private ownership and utilization of such sites, structures, objects and districts now so owned and used, to the extent that the objectives listed above can be obtained under such policy. "FRIEND OF PRESERVATION AWARD" - PAST NOMINEES: 1985 Recipients Gene Mitchell - Old Town Project Felix Lee - City of Fort Collins Building Inspector Jim Reidhead - Old Town Project, Poudre Valley bank Bldg., Old Miller Bottling Works, etc. Fort Collins Municipal Railway Society - Streetcar Restoration 1986 Recipients Charlene Tresner - Historian Fort Collins Historical Society 121 1987 Recipients Alyce Milton - Old Post Office Designation Amshel Corporation (Steve Slezak) - 205 Meldrum Restoration 1988 Recipients Poudre Landmarks Foundation - Avery House Larimer County Historic Trust - Ward Smith Cabin Fort Collins Junior League - Avery House Kitchen Restoration 1989 Recipients Richard Beardmore - Kissock Block, Old Town, Waterworks, etc. Doris and Jim Greenacre - Waterworks John Power - Avery Carriage House Wayne Sundberg - Historian Carol Tunner - Streetcar Restoration 1990 Recipients Walter Brown - Opera Galleria City of Fort Collins Water and Wastewater Utility - Waterworks Thunderpup Construction - Blaine Hotel Dan MacArthur of the Triangle Review Newspaper - support Sally Ketcham - Avery House Restoration and Carriage House Acquisition Joan Day - Cache La Trivia Fund Raiser, etc. 1991 Recipients Carol and James Burrill - Emma Mallaby Grocery Restoration Bob Heath - Preservation contractor on numerous projects CSU - Spruce Hall One West Contemporary Art Center Board of Directors - Old Post Office City of Fort Collins Museum Staff and Volunteers - Courtyard Buildings Restoration, collection fumigation, volunteer hours 1992 Recipients Cheryl and Ralph Olson - Forney/Reinholtz Estate Restoration Tim Simmons - 513 East Oak Street Renovation Andre Mouton, Stevo Mouton, and Pat McGaughran - Odd Fellows Hall (Rio Grande Restaurant), 141 W. Mountain Rehabilitation Karene and Ted Will - Old City Hall/Firehouse, 232-238 Walnut, Rehabilitation and Preservation Leadership 1993 Recipients CSU Stabilization Center, CM Club and Sigma Lambda Chi Honor Society for the Avery Carriage House Victorian Questers for the Box Elder Schoolhouse Restoration Rheba Massey for Service to the LPC and Historic Preservation Rose and John Thompson for 420 W. Mountain 122 1994 Recipients Dr. Michael Fangman for 112 S. College Rehabilitation Thomas K. Moore for 222 Walnut Street Evadene Burris Swanson, author for Fort Collins Yesterdays Taco Bell Corp. for Saving 1530 S. College Avenue Thomas and Regina Laupa for 1003 Remington St. Renovation ] 1995 Recipients Veldman Morgan Commercial for Linden Hotel Rehabilitation City of Fort Collins for Sugarbeet Factory Rehabilitation Rod and Robin Vaughn for Troutman House Moving and Rehabilitation 1996 Recipients Tsighe Nemariam and Woldezion Mesghinna for Harmony Mill Rehabilitation Judy Bedford for Children’s Merchantile 111 N. College Reconstruction Karla and Scott Oceanak for 425 E. Elizabeth Porch Reconstruction 1997 Recipients Dr. Paul and Mary Thode for 714 W. Mountain Rehabilitation Dave Veldman and Mitch Morgan for Loomis Block Rehabilitation, 217 Linden Street Gina Janett, Councilwoman for Support on Council 1998 Recipients City of Fort Collins for Stabilizing the C&S Depot and Annie Dog’s Grave Cathy Hutchison for the Harmony School Rehabilitation James and Ruth Hoffman for Saving the Coy-Hoffman Barn Phil Walker, author, for History Writings Mike McCormick for Restoration of the Trimble Block and Trimble Billiard Parlor The Early Family for Rehabilitation of the Barkley Block 142-144 N. College Avenue 1999 Outstanding Historic Renovation Award Veldman-Morgan Commercial for façade rehabilitation of the 1907 C.C. Forrester Block Vaught Frye Architects for architectural design work for the façade rehabilitation of the 1907 C.C. Forrester Block Dohn Construction Inc., contractor for façade rehabilitation of the 1907 C.C. Forrester Block Jennifer Kathol and Bruce Biggi for masonry rehabilitation of the Marion Alice Parker-Frank P. Stover House at 1320 W. Oak Street 1999 Recipients Dave and Patty Lawser for Saving the Preston Farm Stan Whitaker, Western Property Advisors for Saving the Preston Farm Don Woeber for Saving the City Park Cannon Cultural, Library, and Recreational Services, Mike Powers, Director, for Saving and Rehabilitating the City Park Cannon Ann Azari, Mayor, for Support 123 2000 Recipients Debra Applin and Polly Puleston for Designation of the Sheely Drive Neighborhood Landmark District John Arnolfo for Facade Restoration of the Silver Grill St. Joseph’s Parish for the St. Joseph’s Elementary School Addition 2001 Recipients Renita and Douglas Gennetten for façade restoration of 251 Linden Street, the north half of the 1882 Robertson/Haynes Block John Litschert for an exemplary compatible addition to his Art Deco 1946 home, the Sondburg House, at 237 West Street Paul Jensen for his façade restoration of the 1907 State Armory at 314 E. Mountain Avenue Colorado State University Facilities Department for its restoration of the 1891 Mosman (Cannonball) House at 324 East Oak Street David Rowan and Cindi Campbell for their porch restoration of the 1904 Hardin House at 227 Wood St. 2002 Recipients Don Smith of Rocky Mountain C-M Inc. for rehabilitation of 208 and 214 Peterson Street Rayno and Patty Seaser and Jeff Nowak, Eggceptional Properties, for restoration of the Gill/Nelson House at 5529 S. Timberline Road City of Fort Collins Parks and Recreation Department for restoration of the Nelson Milk House, 1035 Swallow Road City of Fort Collins Facilities (Operation Services) for façade restoration of the Street Railway Car Barn at 330 N. Howes Funding Partners for Affordable Solutions and the National Development Council for façade rehabilitation of the Northern Hotel 2003 Recipients Mark Thorburn, University Designers & Builders, contractor on the First Baptist Church Façade Restoration at 328 Remington Street North Pointe Community Church, Brian Sky Pastor, for the First Baptist Church Façade Restoration at 328 Remington Street Mikal Torgerson, M. Torgerson, Architects, architect on the First Baptist Church Façade Restoration at 328 Remington Street Natural Resources Department, Natural Areas Office, for the office rehabilitation of the Nix Farm’s Craftsman Farmhouse 2004 Recipients The Levinger Family for rehabilitation of the Armstrong Hotel Mark Thorburn, University Designers & Builders, contractor on the Armstrong Hotel Richard Beardmore, AE Design Associates, architectural engineer on the Armstrong Hotel Downtown Development Authority for historic preservation of Old Town Fort Collins 124 2005 Recipients Adam Thomas, Historitecture, principal historian for excellence in surveying historic school properties, Quonset Huts, and Germans from Russia/Hispanic neighborhoods. Karen McWilliams for dedication, perseverance, and leadership in preserving historic resources Poudre School District for sensitive addition to Laurel School and cooperation in historic school survey Cameron Gloss for publication of the Alley House Design Standards 2006 Recipients Joe Frank, Advance Planning Director, for leadership in Preserving Historic Resources in Fort Collins John Albright, as a Historian, Mentor and Volunteer for Historic Preservation David Budge, for Outstanding Historic Preservation of the 1882-83 Water Works Susan Walker and Emily Fehler, for Outstanding Historic Preservation of the Aaron Kitchel House at 601 W. Mountain Avenue 2007 Recipients Empire Carpentry and Kevin Murray, for Exemplary Preservation of Historic Resources in our City. Judith Reid, for the Rehabilitation of the Darrah House, 612 S. College Jay Stoner, for Restoration of the 1939 Art Deco Beebe Clinic, 605 S. College Ave. Amigos de el Museo de las Tres Colonias, for Restoration of the John B. and Inez Romero House, 425 Tenth Street Carol Tunner, for Lifetime Achievements in Historic Preservation 2008 Recipients Poudre Landmarks Foundation, for tremendous accomplishments and unwavering support of our community’s heritage. Julian Siegel Family, in Honor of Julian Siegel, for Restoration of the North Half of the Colorado Building, 137 South College Avenue City of Fort Collins, for demonstrating leadership and vision in its designation of the Grandview Cemetery 2009 Recipients EDAW for the Tenney Court and Trimble Court Alleys BHA Design for the Tenney Court and Trimble Court Alleys Robert King for his Restoration and Rehabilitation Projects, Notably 418 and 820 Remington Street City Engineering Department, the Downtown Development Authority, and the North Front Range Metropolitan Planning Organization, for the East Mountain Avenue Trolley Brick Project Colorado State University for the Adaptive Reuse of the Fort Collins High School 125 2010 Recipients Gillian Bowser, for Rehabilitation and Restoration of the Bell House, 1108 W. Mountain Peter S. Farquhar, for Exemplary Skills and Craftsmanship for Rehabilitation of the H. C. Bradley Photographic Studio, 150-152 North College Avenue Russell J. Wright, for outstanding Leadership and Commitment to Excellence for Rehabilitation of the H. C. Bradley Photographic Studio, 150-152 North College Avenue H. Robert Hosanna, for Architectural Design of the Mitchell Block and Reinforcing the Visual Characteristics and Spirit of Historic Old Town Fort Collins The Fort Collins Local History Archive, For Diligent Work in Preservation, Education and Promotion of Our Community’s History J. Stephen Mack, for Commitment to Historic Preservation in Rehabilitation of the W. J. Tilton House & Garage, 409-411 Whedbee Street Dr. Janet Ore, for Outstanding Dedication, Achievements, and Contributions to the Field of Historic Preservation 2011 Recipients W.J. (Bud) Frick, Jr., for Outstanding Dedication to the Preservation of Fort Collins’ Historic Resources Per Hogestad, for Outstanding Commitment and Dedication to Historic Preservation Anne Aspen, for Outstanding Dedication in Preserving Historic Resources David Roy, for Outstanding Dedication to the Preservation of Fort Collins’ Historic Resources State Historic Fund, for Outstanding Assistance in Preserving Historic Resources 2012 Recipients Andre Mouton for the Outstanding Adaptive Reuse of 415 South Mason Street Spiro Palmer, Jim Palmer, Terry Palmos, and Jim Katopodis for the Outstanding Restoration of the Avery Block Carol Tunner for the Outstanding Restoration of the Coca-Cola/Angell’s Delicatessen Sign (J.L. Hohnstein Block, 220 E Mountain Avenue) Philip Carpenter for the Outstanding Preservation of Grandview Cemetery (1900 W Mountain Avenue) Rayno and Patty Seasar for the Outstanding Restoration and Rehabilitation of the McIntyre House (137 Matthew Street) Richard (Dick) Beardmore, Lifetime Achievement Award for Excellence in Historic Preservation Peter Munro and Lindsey Anderson for the Outstanding Interior Restoration of the Commercial Bank and Trust Building (now the Astoria Bar) 2013 Recipients City of Fort Collins Natural Areas Program – Outstanding Restoration at Bobcat Ridge Kelly Ohlson – Outstanding Dedication and Leadership Wattle and Daub Contractors – Outstanding Dedication to Preservation Judith and Irwin Winterowd – Restoration of the Seckner Brothers Building, 216 Linden Street Kevin and Suzanne Murray – Whitcomb Street Historic District 126 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY April 1, 2014 City Council STAFF Karen McWilliams, Historic Preservation Planner Laurie Kadrich, Community Development & Neighborhood Services Mgr SUBJECT Items Relating to Historic Preservation. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 057, 2014, Amending Chapter 14 of the City Code Regarding Landmark Preservation. B. First Reading of Ordinance No. 058, 2014, Amending Section 2-278 of the City Code Pertaining to the Functions of the Landmark Preservation Commission. C. First Reading of Ordinance No. 059, 2014, Amending Section 3.4.7 of the Land Use Code Pertaining to New Construction as it Affects Historic and Cultural Resources. The purpose of this item is to present to Council the proposed changes to Chapter 2 and Chapter 14 of the City Code and Section 3.4.7 of the Land Use Code resulting from the 2012-2013 Historic Preservation Process and Codes Improvements Study. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In 2012 and 2013, per Council’s direction, historic preservation staff undertook a comprehensive evaluation of the City’s Historic Preservation Program to enhance its transparency, predictability, and effectiveness. Phase 1 of this review resulted in two substantive changes to the City Code, adopted in August 2012: An appeal process for determinations of eligibility, and for the determination of the effect of proposed work on this eligibility; and More specificity to Landmark Preservation Commission (LPC) member requirements, ensuring compliance with Certified Local Government (CLG) standards. Council directed that Phase 2 look more comprehensively at the various components that make up the Historic Preservation Program. Based upon direction received at Council’s August 26, 2013 Work Session (Attachment 1), staff is bringing forward revisions to both the City Code and Land Use Code (LUC) for Council’s consideration. Code revisions, (Ordinance No. 057, 2014; Ordinance No. 058, 2014; and Ordinance No. 059, 2014), to improve transparency and predictability include: 127 Agenda Item 17 Item # 17 Page 2 A complete re-organization of Chapter 14, “Landmark Preservation,” and the addition of explanations and references, enhancing the clarity and understanding of the Code, grouping all eligibility information together and all landmark designation information together. Previously, information was scatted throughout the Chapter; The inclusion of a building’s context as a consideration in determining eligibility. Previously, each property was looked at individually regardless of the surrounding character of the property; Having determinations remain valid for five years, rather than the current one year period; Adding a requirement that a minimum of three residents of the city must sign to submit an application for a non-consensual landmark designation. Currently, one resident can submit; Change LUC Section 3.4.7(F), “New Construction,” to better clarify the area to be considered when evaluating the compatibility of new structures, when a project involves irregular shaped parcels or land that has not been platted in a standard grid pattern; Requiring applicants to provide a Plan of Protection, showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site; Requiring repair, rather than demolition, of properties undergoing review under either “Landmark Preservation” or “Historic and Cultural Resources,” and which are declared dangerous by the Chief Building Officer. If a property is found to be an imminent threat by the Chief Building Officer, then an owner will have the option of repair or demolition; Providing penalties for actions that violate the protection mechanisms of the landmark Preservation Code. Code revisions to improve effectiveness and shorten review times include: Adding the ability for the Community Development and Neighborhood Services (CDNS) Director to be able to approve minor alterations on landmark properties administratively, so that permit approval may be granted within days rather than weeks; Adding the ability for the LPC Design Review Subcommittee, established by Council under Ordinance No. 002, 2011, to provide recommendations to the CDNS Director on plans it has reviewed and approved. The Director could then approve the plans administratively, without the necessity of the Subcommittee recommendation going before the full LPC for approval; Adding the ability for the LPC to review development projects affecting individually eligible and designated historic properties, and to provide a recommendation to the Decision Maker. This action would provide important information to the Decision Maker on projects subject to both historic preservation and development Code requirements. The change would also bring the City into compliance with federal CLG requirements, which recognizes the LPC as the City’s qualified historic review board; Changing the LUC review process to add non-binding determinations of eligibility, enabling potential historic resources to be identified without undue cost or delay to development applications. This is the process currently used; however, these determinations are not identified in the Code as non-binding, which has the potential to cause problems. FINANCIAL / ECONOMIC IMPACTS These Code changes provide greater predictability to the Historic Preservation Code processes, and provide for alternative review processes to facilitate project review, saving staff and the public both time and cost. BOARD / COMMISSION RECOMMENDATION At its March 12, 2014 regular meeting, the Landmark Preservation Commission unanimously (9-0) recommended approval of the Code revisions to City Codes Chapter 2, “Landmark Preservation Commission,” and Chapter 14, “Landmark Preservation” (Attachment 2). At its March 13, 2014 regular meeting, the Planning and Zoning Board unanimously (7-0) recommended approval of the Code revisions to Land Use Code Section 3.4.7, “Historic and Cultural Resources” (Attachment 3). 128 Agenda Item 17 Item # 17 Page 3 PUBLIC OUTREACH Board and Commission Outreach: Met with the Planning and Zoning Board at three meetings and work sessions; Met with the Landmark Preservation Commission at 12 meetings and work sessions. Citizen Outreach: Twelve-member Citizens Committee, with representation from all major stakeholders. This committee convened three times during the fall of 2012 and spring of 2013, and provided additional review through emails; Public Open House held on January 28, 2014, attended by 12 citizens; Attended three meetings of the Government Affairs Committee of the Board of Realtors, to discuss proposed Code revisions; Surveyed best practices of historic preservation programs in 22 peer communities, and compared these with Fort Collins’ program to identify strengths and weaknesses; Conducted an on-line survey of nearly 2,800 property owners and adjacent property owners who went through Demolition/Alteration Review, to assess the relevancy and effectiveness of this process. ATTACHMENTS 1. Work Session Summary, August 27, 2013 (PDF) 2. Landmark Preservation Commission minutes (draft), March 12, 2014 (PDF) 3. Planning and Zoning Board minutes (draft), March 13, 2014 (PDF) 4. Powerpoint presentation (PDF) 129 ATTACHMENT 1 130 131 LANDMARK PRESERVATION COMMISSION Regular Meeting 300 Laporte Avenue March 12, 2014 Minutes Council Liaison: Gino Campana (970-460-6329) Staff Liaison: Laurie Kadrich (970-221-6750) Commission Chairperson: Ron Sladek CALL TO ORDER AND ROLL CALL: The meeting was called to order at 5:35 p.m. by Chair Sladek. Members present were: Ron Sladek, Maren Bzdek, Meg Dunn, Kristin Gensmer, Dave Lingle, Pat Tvede, Alexandra Wallace, Belinda Zink and Doug Ernest. Staff present were: Historic Preservation Planners Karen McWilliams and Joshua Weinberg, and Administrative Staff Cindy Cosmas and Gretchen Schiager. … DISCUSSION – HISTORIC PRESERVATION PROCESS IMPROVEMENTS STUDY: COMMISSION RECOMMENDATION ON CHANGES TO CHAPTERS 2 AND 14 OF THE CITY CODE Staff Report Historic Preservation Planner Karen McWilliams presented background information and a detailed description of the revisions to City Code Chapters 2 “Administration” and 14 “Landmark Preservation”. Commission Questions: Mr. Sladek clarified that staff is seeking a recommendation on the code changes to take forward to Council, and that a vote would take place. Public Input: None No staff response. Commission Discussion: The Commission Members discussed whether three citizens should be enough to initiate a non-consensual designation. A suggestion was made to increase the minimum to five; SUMMARY OF MEETING: The Commission heard and discussed public input about the demolition of the Button House; approved the February 12, 2014 Minutes; approved a request to provide a letter of support for a State Historic Fund Grant for the Carnegie Building at 200 Matthews Street; held a Complimentary Review of 222 Laporte Avenue, Relocation of the Poudre Valley Creamery Butterfly Building on site; held a Conceptual Design Review of 201 South College Avenue, for Little Man Ice Cream; held the Final hearing for the alteration of 1214 West Mountain Avenue; voted to recommend Council approval of changes to Chapters 2 and 14 of the City Codes; and approved the Landmark Preservation Commission 2014 Work Plan. 132 Landmark Preservation Commission March 12, 2014 - 2 - however, members expressed concerns that raising the bar too high would discourage public participation. It is important for citizens to be able to bring buildings they feel are significant to the attention of the Commission. Commission asked staff to clarify the process by which non-consensual designations are made. Staff responded that under the existing codes, one citizen can bring forth an application, but there is still a multi-meeting process, and then a supermajority of the Commission are required to support an application before the application is forwarded to Council for a decision. The proposed revision increases only the number of citizens required to initiate an application, from one to three. The rest of the process stays the same. Members commented that having three citizens required, rather than one, would make it less likely to have spurious applications made by a single individual or household. Commission members agreed that there are enough fail safes in the process that three citizens would be adequate. Mr. Ernest moved that the Landmark Preservation Commission recommend to City Council for adoption the proposed revisions to City Code Chapter 2 “Administration” and to Chapter 14 “Landmark Preservation.” Mr. Lingle seconded the motion. Motion passed 9-0. … 133 Planning and Zoning Board Hearing Minutes March 13, 2014 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Jennifer Carpenter Phone: (H) 231-1407 Chair Carpenter called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hansen, Hart, Heinz, Hobbs, Kirkpatrick, and Schneider Absent: None Staff Present: Kadrich, Eckman, Wray, McWilliams, Stanford, Langenberger and Cosmas . . . . . Discussion Agenda: 3. Historic Preservation-Related Code Changes Project: Historic Preservation-Related Code Changes Project Description: The purpose of this item is to inform the Planning and Zoning Board of the results of this two-phase study and to seek the Board’s recommendation on proposed code changes to the Municipal and Land Use Codes. During 2012 and 2013, at Council’s direction, staff identified improvements to the Historic Preservation Program processes and codes to enhance the program’s transparency, predictability, and effectiveness. Recommendation: Recommendation to City Council of proposed revisions Staff Presentation: Karen McWilliams gave a staff report on the code changes proposed, which will include Land Use Code (LUC) 3.4.7, Historic and Cultural Resources. She provided some history of the origination of the code changes and their possible future impacts. The City Council requested this examination of the LUC 3.4.7 on August 26, 2013 at their work session. She reviewed each proposal separately, including some new language: Adding the ability for the Landmark Preservation Commission (LPC) to review development proposals that are being impacted by both development code requirements and the historic preservation requirements in the LUC and enable the LPC to provide a recommendation on compatibility. Ensuring that a percentage of the LPC members have experience in historic preservation to meet certified local government requirements (administered through the State Historical Society). Offering the ability to do non-binding determinations of eligibility for projects undergoing LUC review. 134 Planning & Zoning Board March 13, 2014 Page 2 Adding new language to LUC section 3.4.7 (new construction) to better clarify what adjacent properties are in the code for irregularly-shaped parcels and land that isn’t platted in a standard grid pattern. In order to determine how projects would be affected, buffers were put around designated properties (150’ and 300’ buffers were used). Ms. McWilliams provided a diagram of the properties receiving buffers. Chair Carpenter asked Secretary Cosmas if any input had been received since the work session. Secretary Cosmas responded that two emails from residents had been received with concerns for the procedures for the demolition of the Button House and requesting procedural changes to be made before other historic buildings are condemned and destroyed. Board Questions For clarification, Member Hansen asked if the purpose of allowing the LPC to review the historical projects was to speed up the process or to reduce paperwork. Ms. McWilliams responded that the primary consideration was to speed up the process, although there may be an added benefit of reducing paperwork. She also clarified that adjacent properties on the regular grid will still be considered on the block face. Hearing Testimony, Written Comments and Other Evidence Public Input Chair Carpenter allowed 4 minutes to the citizens speaking. Steve Mack, 420 E. Laurel, asked the Board to add to their resolution that the LPC reviews additional codes to prevent other historic buildings like the Button House from being demolished. He talked about the history of 711 Remington – how it was damaged, how there was no city code preventing buildings from being demolished without getting additional input first, and how there are no penalties for damaging historic buildings. He strongly urged the Board in incorporate appropriate language into the LUC code for this type of scenario. Staff Response Ms. McWilliams responded by confirming that City staff is working on this issue. Director Kadrich acknowledged that this scenario is the first of its kind. She did confirm that processes will be reviewed to prevent future occurrences, including reviews of construction plans with verbiage on how to protect adjacent historic structures. Chair Carpenter asked if there is any time line for these changes. City Attorney Eckman stated that it is premature to assume there is a problem with the law. He suggested that an investigation must first proceed in order to determine the root of the problem. Member Kirkpatrick inquired about the criteria used by Building Inspectors for reviewing historic buildings that may have been damaged. Ms. McWilliams confirmed that the building inspectors would treat an historical building just like all other buildings. Board Questions City Attorney Eckman explained that health/safety issue supersedes historic standards. Member Hart stated that the LPC would still be the best judge of the circumstances surrounding the Button House and that situation should not affect the adoption of codes at this time. Ms. McWilliams confirmed that the Button House was designated on the National Register of Historic Places, on the State Register of Historic Properties, and was determined to be individually eligible designation as a Fort Collins landmark. 135 Planning & Zoning Board March 13, 2014 Page 3 Although these designations would normally guarantee protection, once a building is found to be dangerous, these codes no longer apply. Member Kirkpatrick stated that she believes the Board still has an obligation to perform due diligence in supporting and protecting Fort Collins historic resources. Chair Carpenter stated that staff will be addressing this issue at a later time. Regarding the reason for choosing between the 150’ and 300’ buffers, Ms. McWilliams stated that, when a development proposal comes forward, staff would then look at the effect on parcels around it to determine potential impact. Depending on scale of project and the potential effect, staff might even propose a larger buffer. Member Schneider inquired whether this buffer would also apply to new construction, which could include additions to existing structures. Ms. McWilliams stated that additions would still be reviewed for impact on all surrounding properties, and buffers would be determined based on that potential impact. She also stated that it is impossible to develop a chart for the buffering as each project would be considered individually. Other discussion involved the pros and cons of having specific guidelines in place versus an arbitrary method of buffer determination. The unusually-shaped parcels are particularly difficult to work with, and there is no code requirement that buffers need to occur from the boundaries of the parcel. Board Deliberation Member Hart stated that he supports these changes because of the expertise demonstrated by LPC Board members. Member Hobbs agreed and stated that he feels confident that staff has the capability of determining buffers for individual situations. Member Hansen also supports these changes and understands the difficulties involved. Member Kirkpatrick state that she is glad that the LPC will be more involved in the processes but understands the reasoning behind them. Member Schneider is also in favor of LPC’s participation, although he is still uncomfortable with the long-term effects on future irregularly-shaped properties and would still like to see some metrics involved. Member Heinz agreed and supports some type of standardization process. Chair Carpenter also supports these changes in code and that the Button House will not be forgotten. Member Hart made a motion that the P&Z Board recommends to the City Council adoption of the changes to Land Use Code Section 3.4.7 Historic and Cultural Resources. Member Hobbs seconded. The motion passed 7-0. 136 1 1 Historic Preservation Code Revisions Laurie Kadrich, Director, Community Development & Neighborhood Services Karen McWilliams, Historic Preservation Planner City Council Regular Meeting April 1, 2014 2 Items For Council Consideration • Proposed revisions to the Landmark Preservation Commission Code, Municipal Code Chapter 2; • Proposed revisions to the Landmark Preservation Code, Municipal Code Chapter 14; • Proposed revisions to the Historic and Cultural Resources Code, Land Use Code Section 3.4.7. 137 2 3 Code Changes Already Adopted in Phase 1 • Appeals process • Certified Local Government requirements for specialized experience 4 City Code Revisions • Reorganization of Chapter 14 • Add context to reviews • Determinations valid for 5 years • Require minimum of three residents to sign non-owner landmark applications 138 3 5 City Code Revisions (cont.) Changes to Approval Authority: • Director can approve more building alterations and signage • LPC Subcommittee can provide recommendation to the Director for approval 6 City Code Revisions (cont.) • Require “Plan for Protection” • Imminent threat • Make penalties for violations more clear 139 4 7 Land Use Code (LUC) Revisions • Ability for LPC to review development projects affecting historic properties, and provide a recommendation on compatibility • Add non-binding determinations of eligibility for LUC projects • Change 3.4.7(F), “New Construction,” to better clarify adjacent properties 8 Items For Council Consideration • Proposed revisions to the Landmark Preservation Commission Code, Municipal Code Chapter 2; • Proposed revisions to the Landmark Preservation Code, Municipal Code Chapter 14; • Proposed revisions to the Historic and Cultural Resources Code, Land Use Code Section 3.4.7. 140 1 ORDINANCE NO. 057, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 14 OF THE CODE OF THE CITY FORT COLLINS REGARDING LANDMARK PRESERVATION WHEREAS, the City Council has directed City staff to undertake a two-phase project to consider improvements to the City’s historic preservation codes and processes to make these codes and processes more transparent, predictable and effective; and WHEREAS, City staff has prepared and presented to the City Council the second phase of the work, which addresses City Council’s concerns regarding the readability of the codes, increased flexibility in applying the codes, and better notice of the City’s historic review processes and regulations to the purchasers of historic landmarked properties and properties that are eligible to become landmarks; and WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes and has recommended the same to the City Council; and WHEREAS, the City Council has determined that the proposed changes are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Article I of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 14-1. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: Adverse effect shall mean that a project or undertaking may alter, directly or indirectly, any of the characteristics that qualify a property for designation, either individually or as a contributing element of a district, in a manner that would diminish the property's exterior integrity. Adverse effects may include reasonably foreseeable effects caused by the undertaking that may occur later in time, be removed in distance, or be cumulative. Alteration shall mean any act or process, including relocation, which changes one (1) or more of the exterior physical characteristics of a designated site, structure, object, or district or a site, structure, object or district eligible for designation. 141 2 Characteristics shall mean the visible and tangible attributes of a site, structure, object or district, including, but not limited to, the architectural design, style, general arrangement and components of all the outer surfaces of a site, object, structure or improvement, including, but not limited to, the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appurtenant to said site, object, structure or improvement. Commission shall mean the Landmark Preservation Commission created in § 2- 276. Compatible shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Construction shall mean the erection of any on-site improvements on any parcel of ground located within a designated or eligible district or on a designated or eligible site, whether the site is presently improved or unimproved, or the erection of a new significant or accessory structure on such property. Context shall mean the totality of interrelated conditions in which a site, structure, object or district exists. The context of an area is the sum of the existing buildings and spaces, and the pattern of physical development in the area. It can also be a measurement of the scarcity or profusion of a particular resource type. Contributing to a district shall mean a site, structure or object eligible for designation, or formally designated, that has significance and that has experienced some alterations which, while not seriously damaging the exterior integrity of the property, have altered the appearance enough to be noted. These sites, structures, or objects retain that has significance and that retains enough exterior integrity to contribute to the significant characteristics character of thea district even though its exterior may have been altered. Demolition shall mean any act or process that destroys in part or in whole its entirety an eligible or designated site, structure or object, or a site, structure or object within an eligible or designated district. Determination of eligibility shall mean a decision by the Director and the chair of the Commission, or the Commission, that a site, structure, object or district meets one (1) or more of the standards for designation as a Fort Collins landmark, which determination shall be valid for one (1) yearfive (5) years. The determination of 142 3 eligibility for the National and/or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. Director shall mean the Director of Community Development and Neighborhood Services or his or her designee. District shall mean a geographically definable area possessing a significant concentration, linkage, or continuity of sites, structures, or objects and their surrounding environs united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. Eligibility shall mean a resource’s ability to meet one (1) or more of the standards for designation as a Fort Collins landmark, or the criteria for designation on the National Register of Historic Places and/or State Register of Historic Places Properties. There are three (3) levels of eligibility for Fort Collins landmark designation: individual, contributing to a district, and noncontributing/not eligible. Exterior integrity shall mean the ability of a property to convey its significance. To be designated as a landmark, a property must not only be shown to be significant, but also must have exterior integrity. The degree of integrity required for landmark status is relative to a property’s significance. Exterior integrity is the composite of seven (7) aspects or qualities, which in various combinations define integrity: location, design, setting, materials, workmanship, feeling, and association. The more qualities present in a property, the higher its integrity. Ultimately the question of exterior integrity is answered by whether or not the property retains the identity for which it is significant. Location is the place where the historic property was constructed or the place where the historic event occurred. Design is the combination of elements that create the form, plan space, structure, and style of a property. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. Materials are the physical elements that form a historic property. 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. Feeling is a property’s expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property’s historic character. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property’s historic character. 143 4 Improvement shall mean any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment, including improvements on public property. Individual landmark shall mean a site, structure or object eligible for designation, or that has been formally designated, that has significance and which substantially retains its exterior integrity. The property may have minor exterior alterations but these alterations will notas long as such alterations have not substantially compromised the site’s, structure’s or object’s exterior integrity. Landmark or landmark district shall mean any site, structure, object or improvement and its surrounding environs or a group of sites, structures, objects or improvements or both and their surrounding environs: (1) Which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the City, State or Nation; (2) Wherein any event of major historic significance with a measurable effect upon society took place; (3) Which is closely identified with a person or group of persons who have had some measurable influence on society; (4) Wherein the broad cultural, political, economic or social heritage of the community is exemplified; (5) Which faithfully portrays the environment of a group of people in an era of history characterized by a distinctive architectural style or which embodies those distinguishing characteristics of an architectural-type specimen or which is the work of an architect or master builder whose individual work has influenced the development of the City; (6) Which, because of being a part of or related to a square, park or other distinctive area, should be developed or preserved according to a plan based upon a historic, cultural or architectural significance; (7) Which, due to unique location or singular physical characteristic, represents an established, familiar and significant visual feature of the neighborhood, community or City; (8) Officially designated as a Fort Collins landmark or Fort Collins landmark district pursuant to the provisions of this Chapter. Major alteration shall mean work that has the potential to substantially affecting more than one (1) aspect of exterior integrity. 144 5 Minor alteration shall mean work that has the potential to substantially affecting no more than one (1) aspect of exterior integrity. Noncontributing/not eligible shall mean a site, structure or object whichthat does not possess sufficient significance and/or exterior integrity necessary for designation, and is considered noncontributing to a district, or not eligible to be designated as an individual landmark. Object shall mean a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable. Owner shall mean the owner of fee simple title as shown in the records of the County Assessor. Relocation shall mean moving all or part of a structure or object to a different location. Repair and maintenance shall mean work done on a site, structure or object in order to correct any deterioration, decay or damage to any part thereof in order to restore the same as nearly as practical to its condition prior to such deterioration, decay or damage. Resource shall mean any site, structure or object that is part of or constitutes a property. Significance shall mean the importance of a property as defined by the standards for designation as a Fort Collins landmark or landmark district. The determination of significance for the National or State Registers of Historic Places shall be in accordance with the processes and procedures of the Colorado Historical Society. Significant structure shall mean a house, commercial/ industrial building, barn, stable, granary, carriage house, chicken house or similar structure. Site shall mean the location of a significant event, a prehistoric or historic occupation or activity, or a structure or object whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure. Structure shall mean that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Working day shall mean any day except Saturday, Sunday and any national, state or local holiday (or day of observation) during which the Department of Community Development and Neighborhood Services is not open for regular business. 145 6 Sec. 14-2. Declaration of policy. (a) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historical, architectural or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people. (b) It is the opinion of the City Council that the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historical, architectural and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets. Sec. 14-3. Purpose. The purposes of this Section are to: (1) Designate, preserve, protect, enhance and perpetuate those sites, structures, objects and districts which reflect outstanding elements of the City's cultural, artistic, social, economic, political, architectural, historic or other heritage; (2) Foster civic pride in the beauty and accomplishments of the past; (3) Stabilize or improve aesthetic and economic vitality and values of such sites, structures, objects and districts; (4) Protect and enhance the City's attraction to tourists and visitors; (5) Promote the use of outstanding historical or architectural sites, structures, objects and districts for the education, stimulation and welfare of the people of the City; (6) Promote good urban design; (7) Promote and encourage continued private ownership and utilization of such sites, structures, objects or districts now so owned and used, to the extent that the objectives listed above can be attained under such a policy. Sec. 14-4. Staff. The staff of the Commission shall consist of a secretary and such other staff as may be authorized by the City. The secretary shall be the custodian of the records of the Commission, shall handle official correspondence and shall generally supervise the clerical and technical work of the Commission. The Director shall act as secretary and staff liaison to the Commission. 146 7 Sec. 14-5. Standards for determining the eligibility for designation of sites, structures, objects and districts for preservationdesignation as Fort Collins Landmarks or Landmark Districts. Properties that possess exterior integrity are eligible for designation as Fort Collins Landmarks or Fort Collins Landmark Districts if they meet one (1) or more of the following standards for designation : (1) The property is associated with events that have made a significant contribution to the broad patterns of history; or (2) The property is associated with the lives of persons significant in history; or (3) The property embodies the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or (4) The property has yielded, or may be likely to yield, information important in prehistory or history. Properties eligible for designation must possess both significance and exterior integrity. In making a determination of eligibility, the context of the area surrounding the property shall be considered. (1) 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. Significance is achieved through meeting one or more of four standards recognized by the U.S. Department of Interior, National Park Service. These standards define how properties are significant for their association with events or persons, in design or construction, or for their information potential. (2) Standards for determining significance: a. Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, state or nation. A property can be associated with either (or both) of two types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 147 8 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, state, or nation. b. Persons/Groups. Properties may be determined to be significant if they are 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 history can be identified and documented. c. Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period, or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering, and artwork, by either an individual or a group. 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/or uses over a period of time. Examples are 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. d. Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history. (3) Exterior integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of Interior, National Park Service: location, design, setting, materials, workmanship, feeling, and association. All seven (7) 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. (4) Standards for determining exterior integrity: a. Location is the place where the historic property was constructed or the place where the historic event occurred. 148 9 b. Design is the combination of elements that create the form, plan space, structure, and style of a property. c. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. d. Materials are the physical elements that form a historic property. e. 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. f. Feeling is a property’s expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property’s historic character. g. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property’s historic character. (5) Context. The area required for evaluating a resource’s context is dependent on the type and location of the resource. A house located in the middle of a residential block could be evaluated in the context of the buildings on both sides of the block, while a house located on a corner may require a different contextual area. Upon the submittal of an application necessitating a determination of eligibility for designation as a Fort Collins Landmark or Landmark District, the Director of Community Development and Neighborhood Services and/or the chair of the Commission shall determine the minimum area required for evaluating context, and such information, including photographs and other documents, as required for the determination. Sec. 14-6. Process for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts. (a) Application. An application for determining the eligibility of a site, structure, object or district for designation as a Fort Collins Landmark or Landmark District may be made by any resident of the City or owner of property 149 10 in the City on forms prescribed by the City. Said application shall be filed with the Director. Within fifteen (15) days of the filing of such application, the Director and the chair of the Commission (or a designated member of the Commission appointed by the chair) shall determine the site, structure, object or district's current level of eligibility (individual, contributing or not eligible) for designation as a Fort Collins landmark based on the information contained in the application and information provided by the staff of the City or others, which determination shall be valid for five (5) years. The Director shall promptly publish the determination in a newspaper of general circulation in the City, and cause a sign to be posted on or near the structure stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director. (b) Appeal of determination. Any determination made by the Director and the chair of the Commission, or his or her designee, regarding the structure’s level of eligibility may be appealed to the Commission by 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 Director's determination. The appeal shall include a Colorado Cultural Resource Survey Architectural Inventory Form, prepared by an expert in historic preservation acceptable to the Director and the applicant, with the cost of such form to be paid by the appellant. Such form need not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of the appeal. The Director shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. Not less than ten (10) days prior to the date of the hearing, the Director shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail, and shall publish notice of the hearing in a newspaper of general circulation in the City. In addition, the Director shall cause a sign to be posted on or near the structure stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, be readable from a point of public access, and state that more information may be obtained from the Director. Sec. 14-67. Waiver of conditions. (a) Upon a showing of substantial hardship or to protect against an arbitrary result, and following notice as provided in § 14-25, the Commission may waive such conditions and requirements as are set forth in this Chapter provided the Commission finds that the spirit and purpose of the Chapter are not significantly eroded and that the requested waiver meets one or both of the following criteria: (1) The requested waiver is the minimum necessary to accommodate exceptional physical conditions or other extraordinary and exceptional situations unique to the affected property, which may include, but are not limited to, 150 11 physical conditions such as exceptional narrowness, shallowness or topography, and such difficulties or hardship are not caused by the act or omission of the applicant; and/or (2) The requested wavier as submitted will not diverge from the conditions and requirements of this Chapter except in nominal and inconsequential ways, and will continue to advance the purposes of this Chapter. (b) Any finding made under Paragraph (1) or (2) above shall be supported by specific findings showing how the proposal, as submitted, meets the requirements and criteria of said Paragraph (1) or (2). Sec. 14-8. Offenses against historic property. (a) Except as may be authorized pursuant to this Chapter 14 or the provisions of the Land Use Code, no person shall damage, deface, or destroy any site, structure or object that is designated as a Fort Collins, state or national historic landmark or that is a contributing structure to any Fort Collins or national landmark district, or that is undergoing any of the processes provided for in this Chapter 14. (b) Except in response to a bona fide determination of imminent threat under § 14-51, no person shall deviate from or fail to comply with any approved plan of protection for any historic resource that is required under this Chapter 14 or the Land Use Code. Sec. 14-9. Appeal of decisions. Final decisions of the Commission shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq. unless otherwise provided. Any action taken in reliance upon any decision of the Commission that is subject to appeal under the provisions of this Chapter shall be at the sole risk of the person(s) taking such action, and the City shall not be liable for any damages arising from any such action taken during said period of time. Sec. 14-10. Severability. It is hereby declared to be the legislative intent of the City Council that the provisions of this Chapter shall be severable in accordance with the provisions set forth below: (1) If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that provision which is expressly stated in the decision to be invalid. 151 12 Such decision shall not affect, impair or nullify this Chapter as a whole or any other part, and the rest of this Chapter shall continue in full force and effect. (2) If the application of any provision of this Chapter to any lot, structure or other improvement or a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that lot, structure or other improvement or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision to any other lot, structure or other improvement or tract of land. Secs. 14-711 – 14-20. Reserved Section 2. That Article II of Chapter 14 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: ARTICLE II. DESIGNATION PROCEDURE Sec. 14-21. Initiation of designation procedure. Whenever in the opinion of the Commission, upon its own motion or upon application of any citizen of or owner of property in the city, a site, structure, object or district meets the criteria of a landmark or landmark district, the Commission shall contact the owner or owners of such landmark or landmark district outlining the reasons and effects of designation as a landmark and, if possible, shall secure the owner's consent to such designation. If the Commission is unable to personally contact such owner, it shall be sufficient to send a written request for the consent to designation of such property by certified or registered mail, return receipt requested, addressed to the owner of the property as shown on the most recent records of the county Assessor at the address shown on such records. Following such contact, if an owner does not consent to such designation of the property within fifteen (15) days from the date of receipt of the request for consent to designation, the Commission, upon the affirmative vote of at least five (5) of its members may proceed by officially adopting a resolution stating that the preliminary investigation by the Commission indicates that the described property is eligible for designation as a landmark or landmark district and the reason the Commission feels that it should proceed without the consent of the owner to such designation and scheduling a public hearing by the Commission on the question of designation, hereinafter called a designation hearing, at a specified time, date and place and directing that the notice of hearing be given as described in § 14-22 below. If the owner consents in writing to such designation, the Commission, upon the affirmative vote of a majority of the members present, may adopt a resolution recommending to the City Council the designation of the landmark or 152 13 landmark district without the necessity of notice and without the review by the Department of Community Development and Neighborhood Services required by § 14-23 below. All applications submitted in accordance with this Section shall include a description of the property proposed for designation and a detailed outline of the reasons why such property should be designated and why the boundaries of the property should be determined as described in the application. The landmark designation process may be initiated by motion of the Commission or upon application of the owner(s) of the property to be designated, or of any three (3) or more residents of the City. All applications submitted in accordance with this Section shall include a description of the property proposed for designation and a detailed outline of the reasons why such property should be designated and why the boundaries of the property should be determined as described in the application. The Commission shall promptly determine whether the site, structure, object or district meets the criteria of a landmark or landmark district, and, if so, direct staff to investigate the benefits to the City of landmark designation. If the owner is not the applicant, the Director shall contact the owner or owners of such landmark or landmark district outlining the reasons and effects of designation as a landmark and, if possible, shall secure the owner's consent to such designation. If the Director is unable to personally contact such owner(s), it shall be sufficient to send a written request for the consent to designation of such property by certified or registered mail, return receipt requested, addressed to the owner(s) as shown on the most recent records of the County Assessor at the address shown on such records. Sec. 14-22. Hearing process. (a) If all owners of the property to be designated consent in writing to such designation, the Commission, upon the affirmative vote of a majority of the members present, may adopt a resolution recommending to the City Council the designation of the landmark or landmark district without the necessity of notice or hearing and without the review by the Department of Community Development and Neighborhood Services required by § 14-24 below. (b) If all owners of the property to be designated do not consent to designation of the property within fifteen (15) days from the date of receipt of the request for consent to designation, the Commission shall hold a hearing at a specified time, date and place, following the giving of notice as described in § 14-23. The purpose of said hearing shall be to determine whether to proceed with consideration of the designation process without the consent of one (1) or more owners of the property. Upon the affirmative vote of at least six (6) of its members at the hearing, the Commission may adopt a resolution stating that the preliminary investigation by the Commission indicates that the described property is eligible for designation as a landmark or landmark district, and stating the reason the Commission feels that it should further consider the possible 153 14 designation of the property without the consent of the owner(s). The Commission shall then schedule a second public hearing as described in Subsection (c). (c) Upon determination by the Commission under Subsection (b) that it should further consider the designation of the property, and following the giving of notice as described in § 14-23, the Commission shall hold a second hearing. At least six (6) members of the Commission must be present at such hearing. If at least six (6) members are not present, the members present shall adjourn the meeting to another date within two (2) weeks. If at least six (6) members are not present at such adjourned meeting, the hearing shall be canceled and the designation procedure terminated. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. Such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to § 14-23. (d) Reasonable opportunity shall be provided for all interested parties to express their opinions at the foregoing hearings regarding the proposed designation(s). However, nothing contained herein shall be construed to prevent the Commission from establishing reasonable rules to govern the proceedings of the hearings or from establishing reasonable limits on the length of individual presentations. The hearings shall be recorded and minutes provided to each City Councilmember. Written presentations, including the report of the Department of Community Development and Neighborhood Services as described in § 14-24, shall be included in the record of the hearing. Sec. 14-223. Notice of hearing. Notice of designationthe hearings referenced in § 14-22 shall be given as follows: (1) Written notice of the time, date, place and subject of the hearing shall be sent by registered or certified mail not less than thirty (30) days prior to the hearing to all owners of record on the date of the resolution who own the real property being proposed for designation as a landmark or landmark district. Such notice shall be deemed delivered upon the passage of five (5) days from the deposit of the notice in the mail. (2) Signs indicating that recommendation for landmark designation is being considered by the Commission shall be posted by the Commission for a period of not less than fifteen (15) days immediately preceding the applicable hearing on all property proposed for landmark designation and/or on the boundaries of all areas proposed for landmark district designations. Such signs shall be prominently displayed and easily readable from abutting public ways. 154 15 (3) A legal notice indicating the nature of the hearings, the property involved and the time, date and place of the scheduled public hearing shall be published in a local newspaper of general circulation one (1) time at least fifteen (15) days prior to the hearing. (4) Written notice of the proposed landmark designation, including the identification of the property, the basis for commencing with the designation procedure and the time, date and place of the hearing, shall be given to the Director not later than thirty (30) days prior to the hearing. Sec. 14-234. Department of Community Development and Neighborhood Services review. (a) The Department of Community Development and Neighborhood Services shall review the proposed designation with respect to: (1) Its relationship to the zoning ordinance of the City and the Comprehensive Plan of the City; (2) The effect of the designation upon the surrounding neighborhood; (3) Such other planning considerations as may be relevant. (b) The Department of Community Development and Neighborhood Services may recommend approval, rejection or modification of the proposed designation and its recommendation shall contain a statement of the basis for the recommendation. The recommendation shall be delivered to the Commission in written form at or prior to the any hearing held under Subsection 14-22(c). Sec. 14-25. Hearing. (a) At least five (5) members of the Commission shall conduct the hearing. If at least five (5) members are not present, the members present may adjourn the meeting to another date within two (2) weeks. If at least five (5 members are not present at such adjourned meeting, the hearing shall be canceled and the designation procedure terminated. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. Such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to § 14-22. (b) Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation or designations. However, nothing contained herein shall be construed to prevent the Commission from establishing reasonable rules to govern the proceedings of the hearings or 155 16 from establishing reasonable limits on the length of individual presentations. The hearings shall be recorded and minutes provided to each City Council member. Written presentations, including the report of the Department of Community Development and Neighborhood Services, shall be included in the record of the hearing. Sec. 14-265. Findings and recommendations of the Commission. The Commission shall, act officially on each proposed designation within thirty- five (35) days of the a hearing held under Subsection 14-22(c), adopt a recommendation to the City Council regarding the application for designation. The Commission may recommend modification of approve, reject or modify any proposal, but no proposal may be extended beyond the boundaries of the land described in the original resolutionapplication unless the initiation and hearing procedures is are repeated for the enlarged boundaries. The Commission shall set forth in its records the findings of fact whichthat constitute the basis for its decisionrecommendation. If the Commission fails to act within the thirty-five-day period, the designation shall be deemed to have been rejected and the designation procedure shall thereby be terminated. Sec. 14-276. Transmittal to City Council. (a) Within fifteen (15) days after reaching its decision, the Commission shall transmit to the City Council its recommendation on the designation of a landmark or landmark district, including the description of the property involved and the findings upon which the recommendation was based. (b) If more than one (1) property is involved in the designation procedure, the Commission may approve in part and terminate in partrecommend designation for any or all of the properties involved. Each part shall then be treated as a separate action. In no event may any property be added to the area described in the initiation resolution without instituting a new designation procedure. Sec. 14-287. City Council action. Upon receipt of the recommendations transmitted by the Commission, the City Council may by ordinance designate property as a landmark or landmark district. Due consideration shall be given to the written view of owners of affected property, and in its discretion the City Council may hold public hearings on any proposed landmark or landmark district designation. If the City Council does not so designate a property, then any pending application for a thepermit to alter or demolish the structure on the property may be approved without the necessity of compliance with Article IV of this Chapter. 156 17 Sec. 14-298. Recording with County Clerk. Within fifteen days of the effective date of an ordinance designating property as a landmark or landmark district, the City shall record among the real estate records of the County Clerk and Recorder either: (1) A certified copy of the ordinance designating the specified property as a landmark or landmark district; or (2) A notice stating that the specified property has been designated as a landmark or landmark district and citing the ordinance and the effective date of the ordinance which made the designation effective. The notice may also contain a brief summary of the effects of such designation as set forth in this Chapter. Sec. 14-3029. Final notification to owner. Within ten (10)fourteen (14) days after the recording of the ordinance or the notice of designation of property as a landmark or landmark district, the secretary of the CommissionDirector shall send to the owner of each property so designated a letter outlining the reasons for such designation and the obligations and restrictions created by such designation. Such letter shall also contain a request that the owner or his or her successors or assigns notify the secretary of the CommissionDirector prior to: (1) Preparation of plans for the reconstruction or alteration of the exterior of improvements located on such property; (2) Preparation of plans for the construction, exterior alteration, relocation or demolition of improvements on such property. Sec. 14-2430. Interim control. No building permit shall be issued by the Department of Community Development and Neighborhood Services for the alteration, construction, exterior alteration, relocation or demolition of a site, structure or object under consideration for landmark designation or any site, structure or object within a district under consideration for landmark district designation from the date of the hearing of the Commission at which the Commission approves a motion directing staff to investigate the benefits to the City of landmark designation under §14-21 until final disposition of the designation by the City Council unless such alteration, construction, relocation or demolition is approved by a motion of the Commission as not having an adverse effect on the property’s eligibility for designation, or is authorized by resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay in issuance of a 157 18 building permit due to the provisions of this Section be for more than one hundred eighty (180) days. Sec. 14-31. Amendment or rescission of designation. A landmark and landmark district designation may be amended or rescinded in the same manner as the original designation was made. Sec. 14-5832. Notification of state or national designation. The Director shall promptly notify the Commission of any known national or state designations which occur within the City. Secs. 14-323 – 14-45. Reserved. Section 3. That Article III of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE III. CONSTRUCTION, EXTERIOR ALTERATIONS, OR DEMOLITIONS AND RELOCATIONSOF DESIGNATED HISTORIC RESOURCES Sec. 14-46. Work requiring building permit. (a) Except as provided in § 14-51, Aaction on an application for a building permit, including any permit for the demolition of for a structure or object designated as a landmark or located in a landmark district, shall be deferred by the Director of Building and Zoning except as provided in § 14-52 until the application is accompanied by a report of acceptability from the Commission for the proposed work, when the proposed work involves any of the following: (1) Alteration or reconstruction of or addition to the exterior of any improvement which constitutes all or part of a landmark or landmark district; (2) Demolition or relocation exterior alteration of any improvement or object which constitutes all or part of a landmark or landmark district; (3) Construction or erection of or addition to any improvement upon any land included in a landmark district. (b) In order to obtain a report of acceptability, the applicant shall submit the application for a building permit, including sketches, and plans. Such plans shall include, without limitation, a plan of protection acceptable to the Commission 158 19 showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site, and other documents as required by the Commission, to the Commission through the Director. All such applications shall be reviewed by the Commission in two (2) phases to determine compliance with this Chapter as follows: (1) Conceptual review. Conceptual review is an opportunity for the applicant to discuss requirements, standards, design issues and policies that apply to landmarks or sites, structures and objects within a landmark district. Problems can be identified and solved prior to final review of the application. After review of the application by the Commission, the Director shall furnish the applicant with written comments regarding the conceptual review. Conceptual approvalreview of any proposed work may be limited to certain portions of the work as deemed appropriate by the Commission. Conceptual approvalreview does not guarantee final approval of any proposed work. If, upon review of the proposed work, the Commission determines that conceptual review is not necessary given the absence of a significant impact on the landmark or landmark district involved, it may be waived by the Commission, and the Commission may then proceed to consider the proposed work on final review at the same meeting. (2) Final review and approval. If anEach application or parts thereof is conceptually approvedreviewed, it shall be finally reviewed and approved by the Commission at the same meeting as the Commission’s conceptual review of the application, if any or at a subsequent meeting of the Commission. During final review, the Commission shall consider the application or parts thereof that have received conceptual approval and any changes made by the applicant since conceptual review as set forth in this Subsection. Sec. 14-47. Work not requiring building permit; application for approval. (a) Except as otherwise provided herein, no land surface within any real property designated as a landmark or landmark district shall be changed and no improvements shall be erected, removed, restored, demolished or altered, including alterations of color, without prior written approval of the Commission. No addition shall be made to any real property designated as a landmark or landmark district in such a manner or of such a character as to change the exterior appearance or exterior characteristics which change shall be visible from any public street, park or other public place, without prior written approval of the Commission. (b) Any person desiring to remove, demolish, or in any way change the exterior appearance or the exterior characteristics of improvements on real 159 20 property designated as a landmark or in a landmark district or desiring to change the land surface of any such real property, shall submit to the Commission an application for approval and a specific statement of the work proposed, together with such details as the Commission may require. Sec. 14-48. Approval of proposed workReport of Acceptability. (a) If upon receipt of an application for a building permitreport of acceptability pursuant to § 14-46, or upon receipt of an application pursuant to § 14-47, the Commission finds that the proposed work is of a nature whichthat will not erode the authenticity or destroy any distinctive exterior feature or characteristic of the improvements or site and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, the Commission shall advise the applicant in writing by issuing a report of acceptability and shall affix its seal to the plans and specifications for the approved work. In the case of an application for a building permit,under § 14-46, upon receipt of the Commission's report of acceptability and approved plans and specifications, the Director of Building and Zoning shallmay proceed with the review of the application for a building permit. No change whichthat would defeat the purpose of this Chapter shall be made in an application for a building permit or the plans and specifications for the proposed work approved by the Commission without resubmittal to the Commission and approval of such changes in the same manner as the original application. (b) In determining the decision to be made concerning the issuance of a report of acceptability, the Commission shall consider the following criteria: (1) The effect of the proposed work upon the general historical and/or architectural character of the landmark or landmark district; (2) The architectural style, arrangement, texture and materials of existing and proposed improvements, and their relation to the landmark or the sites, structures and objects in the district; (3) The effects of the proposed work in creating, changing, obscuring or destroying the exterior characteristics of the site, structure or object upon which such work is to be done; (4) The effect of the proposed work upon the protection, enhancement, perpetuation and use of the landmark or landmark district; (5) The extent to which the proposed work meets the standards of the City and the United States Secretary of the Interior then in effect for the preservation, reconstruction, restoration or rehabilitation of historic resources. 160 21 Sec. 14-48.549. Work not detrimental to historic, architectural or cultural material; administrative process. (a) Any work whichthat would otherwise qualify for consideration under the procedures established in § 14-46 or 14-47 of this Article may, at the option of the applicant and with the consent of the chair of the Commission, be considered administratively by the Director. The Director may only consider, under the authority of this Section, applications for approval of color selection from a historically authentic palette of colors, signs, awning re-coverings and minor exterior alterations changes to a landmark or a site, structure or object located in a landmark district that would not remove, cover, alter or destroy any significant historic, architectural or cultural material. The Director may, under the authority of this Section, consider changes originally initiated by the applicant as well as changes to plans previously approved by the Commission. Any application submitted to the Director under the authority of this Section shall be in writing and shall contain a specific statement of the work proposed, together with such details as the Director may require. (b) If, upon receipt of any such application, the Director finds that the proposed work will not remove, cover, alter or destroy any significant historic, architectural or cultural material and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, and complies with all of the criteria for review established in § 14-48(b) above, the Director shall render a written decision approving the work, and shall affix his or her signature to the plans and specifications for the approved work. The Director shall also promptly publish the decision in a newspaper of general circulation in the City. In the case of an application under § 14-46for a building permit, the Director of Building and Zoning shall proceed with the review of the building permit application only upon receipt of the Director's decision and approved plans and specifications. No change shall be made in any such application for a building permit or in the plans and specifications for work approved by the Director unless such changes are submitted to and approved by the Director in the same manner as the original application. The proposed work shall not be commenced until the Director has issued the decision approving the work and a building permit (if applicable) has been issued. (c) Decisions of the Director made under the authority of this Section may be appealed to the Commission by the applicant, provided that any such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the date of the Director's decision. The Commission shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. The Commission shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail not less than five (5) days prior to the date of the hearing, and shall also publish notice of 161 22 the hearing in a newspaper of general circulation in the City not less than ten (10) days prior to the date of the hearing. Any action taken in reliance upon the decision of the Director shall be totally at the risk of the persons taking such action until all appeal rights related to such decision have been exhausted, and the City shall not be liable for any damages arising from any such action taken during said period of time. Sec. 14-49. Signs. (a) Any person desiring to remove, demolish, erect, restore or alter any sign, including alteration of color, on any real property designated as a landmark or in a landmark district, shall submit to the Director an application for approval and a specific statement of the work proposed, together with such details as the Director may require. (b) If, upon receipt of any such application, the Director finds that the proposed work is of a nature which will not erode the authenticity or destroy any distinctive exterior feature or characteristic of the improvements and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, the Director shall advise the applicant in writing by issuing a report of acceptability and shall affix his or her signature to the plans and specifications for the approved work. In the case of an application for a building permit, the Director of Building and Zoning shall proceed with the review of the application only upon receipt of the Director's report of acceptability and approved plans and specifications. No change shall be made in any such application for a building permit or in the plans and specifications for work approved by the Director unless such changes are submitted to and approved by the Director in the same manner as the original application. (c) In deciding whether to issue a report of acceptability, the Director shall consider the following criteria: (1) The effect of the proposed sign upon the general historical and/or architectural character of the landmark or landmark district. (2) The design and construction, arrangement, texture and materials of the proposed sign, its relation to the structure, site or object on which it will be attached, and its relation to other improvements and signs within the district. (3) The effect of the proposed sign in obscuring, changing or destroying the exterior characteristics of the structure, site or object upon which it will be attached. 162 23 (4) The effect of the proposed sign upon the protection, enhancement, perpetuation and use of the landmark or landmark district. (5) The recommendations of the adopted Design Guidelines for Historic Old Town Fort Collins for sign proposals within The Old Town Historic District, and the design guidelines for local landmarks outside The Old Town Historic District adopted by the Commission on June 4, 1986. (d) Decisions of the Director regarding the acceptability of applications for the erection, removal, restoration, demolition or alteration of signs may be appealed to the Commission, provided that any such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the date of the decision of the Director. The Director shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. The Director shall provide the appellant written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail not less than five (5) days prior to the date of the hearing. Sec. 14-50. Denial of building permit. If the proposed work is not approved by the Commission, the Director of Building and Zoning shall deny the application for the building permit and shall advise the applicant. No reapplication shall be submitted pursuant to § 14-46 et seq., under the original plans and specifications found unacceptable by the Commission except upon a showing of changed circumstances sufficient to justify the reapplication. Sec. 14-51. Action of Commission on unacceptable proposed work. (a) If the proposed work is not acceptable, the Commission, acting with all due diligence, shall explore with the applicant all means for substantially preserving the landmark site, structure or object, or landmark district which would have been affected by the required permit. These investigations may include, by way of example and not of limitation: (1) Feasibility of modification of the plans; (2) Feasibility of any alternative private use of the site, structure or object which would substantially preserve the original character; (3) Possibility of public acquisition for a public purpose of the site, structure or object involved. (b) If the Commission is unsuccessful in developing either alternate plans or an appropriate public or private use for such site, structure or object, which are 163 24 acceptable to the applicant, it shall notify the owner and the Director of Building and Zoning in writing. No work, erection, construction, reconstruction or alterations or demolitions of landmarks or sites, structures or objects in landmark districts shall be allowed except upon approval of the Commission as provided in this Chapter. Sec. 14-521. Remedying of dangerous conditions. In any case where the Director of Building and Zoning, the Poudre Fire Authority or any other public authority having the powerproperly authorized public official or employee, orders or directs the construction, reconstruction, alteration, repair, relocation or demolition of any landmark improvementstructure that has been designated as a Fort Collins or national landmark, or any structure located in a Fort Collins or national landmark district, or any structure that has been determined under this Chapter to be eligible for designation as a contributing element of such district, for the purpose of remedying conditions determined by that officer, department or authority to be imminently to constitute dangerous an imminent threat to life, health or property, nothing contained herein shall be construed as making it unlawful for any person to comply with such order. Any such officer, department or authority shall take immediate steps to notify the Commission of the proposed issuance of any such order or directive and may include in such order or directive any timely received requirements or recommendations of the Commission. Sec. 14-54. Appeal of decisions. Decisions of the Commission regarding the acceptability of applications for building permits under § 14-46 or applications for approval of work not requiring a building permit under § 14-47, or appeals of applications regarding signs under § 14-49, shall be considered final decisions within the meaning of § 2-46 et seq.; and such decisions shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq. Sec. 14-55. Extension of time limits. Any time limit set forth in this Chapter may be extended by mutual consent of the Commission and the applicant, or the Commission, the Department of Community Development and Neighborhood Services and the applicant, whichever is applicable. Sec. 14-562. Normal maintenance and repair. Nothing in this Chapter shall be construed to prohibit the accomplishment of any work on any landmark or in any landmark district which will neither change the exterior appearance nor the exterior characteristics of improvements, nor the 164 25 character or appearance of the land itself and which is considered necessary as a part of normal maintenance and repair. Sec. 14-573. Minimum maintenance requirements. (a) All sites, structures or objects designated as landmarks and all sites, structures or objects located within a landmark district shall be maintained in such fashion as to meet the requirements of the International Property Maintenance Code or the Uniform Code for Building Conservation, as adopted by the City. The owner of such sites, structures or objects shall also keep in good repair all structural elements thereof which, if not so maintained, may cause or tend to cause the exterior portions of such sites, structures or objects to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair which would have a detrimental effect upon the historic character of such sites, structures or objects or the landmark districts, if any, in which they are situated. (b) The Commission may request that the Director of Building and Zoning require correction of defects or repairs to any sites, structures or objects regulated by this Section. Sec. 14-58. Notification of state or national designation. The Director shall promptly notify the Commission of any known national or state designations which occur within the City. Sec. 14-594. Violations and penalties. Any person violating any provision of this Chapter shall be subject to the penalty provided in § 1-15. In case any improvement is erected, constructed, reconstructed, altered, added to or demolished in violation of this Chapter, the City or any proper person may institute an appropriate action or proceeding to prevent such unlawful action. The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Chapter and with administrative orders and determinations made hereunder. Sec. 14-6055. Severability. It is hereby declared to be the legislative intent that the several provisions of this Chapter shall be severable in accordance with the provisions set forth below: (1) If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that provision which is expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify this Chapter as a whole or any other part, but the rest of this Chapter shall continue in full force and effect; 165 26 (2) If the application of any provision of this Chapter to any lot, structure or other improvement or a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that lot, structure or other improvement or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision to any other lot, structure or other improvement or tract of land. Secs. 14-6156 – 14-70. Reserved. Section 4. That Article IV of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE IV. DEMOLITION OR RELOCATION EXTERIOR ALTERATION OF HISTORIC STRUCTURES NOT DESIGNATED AS FORT COLLINS LANDMARKS OR LOCATED IN A FORT COLLINS LANDMARK DISTRICT Sec. 14-71. General. (a) This Article shall not apply to any structure designated as a Fort Collins landmark or located in a Fort Collins landmark district. (b) With the exception of any structure found to pose an imminent threat under Section 14-51 Section 109.1 of the International Property Maintenance Code as adopted and amended by the City, or any structure designated as a Fort Collins landmark or located in a Fort Collins landmark district, no structure (or portion thereof) fifty (50) years of age or older whichthat meets one (1) or more of the criteriastandards of eligibility contained in § 14-5 of this Code may be demolished or its exterior altered nor shall any permit for such demolition or alteration be issued unless the owner of such structure has complied with the provisions of this Section and § 14-72 below. (This Article shall not apply to interior demolition or alteration activities not visible from any public street, park or other public place, or to demolition or alteration activities as they affect the surface or subsurface of the ground, or any archeological impacts pertaining thereto.) Sec. 14-72. Procedures for review of applications for demolition or exterior alteration. (a) The owner of any structure governed by this Article shall make application for City approval of the demolition or exterior alteration of such 166 27 structure (or portion thereof) on forms prescribed by the City. Said application shall be filed with the Director. Within fourteen (14) days of the filing of such application, the Director and the chair of the Commission, (or a designated member of the Commission appointed by the chair, who shall in this Section be referred to as “designee’), shall determine if the proposed work constitutes a demolition or a minor or major alteration of the exterior. (b) If the Director and chair of the Commission (or designee) agree that the proposed work is a minor alteration, then the application shall be approved, and any such approval shall not be subject to appeal. If the work is determined to be a demolition or major alteration, the Director and the chair of the Commission (or designee) shall either refer the matter to the Commission or Design Review Subcommittee pursuant to Subsection (c), or shall determine whether either Paragraphs (1) or (2) are met: (1) the structure (or portion thereof), is not eligible for individual designation as a Fort Collins landmark, and the structure is not designated on the National Register of Historic Places and/or State Registers of Historic Places Properties, either individually or as a contributing element of a National and/or State Register district; or (2) both of the following conditions are met: a. the structure (or portion thereof) is eligible for individual designation as a Fort Collins landmark, or the structure is designated on the National and/or State Registers of Historic Places, either individually or as a contributing element of a National and/or State Register district; and b. the proposed demolition or exterior alteration of the structure (or portion thereof), in the judgment of the Director and the chair of the Commission (or designee), would not be detrimental to the current level of eligibility of the remaining structure, if any, adjacent properties, the surrounding neighborhood and the National and/or State Register district in which the structure is located, if any. If the Director and chair of the Commission (or designee) so determine, then the application shall be approved. (c) If the application is not approved pursuant to Paragraphs (1) or (2), above, the application shall be considered by the Commission pursuant to Subsection (f), below, unless the Director or the chair of the Commission, with the consent of the 167 28 applicant, refers the application to the Design Review Subcommittee of the Commission. The decision to refer is not an appealable decision. (d) If the application is referred to the Design Review Subcommittee, the Director shall schedule a meeting on the application before the Design Review Subcommittee as expeditiously as practical following receipt of the information required under Subsection 14-46(b) and any other documents required by the Design Review Subcommittee. At the meeting, the Design Review Subcommittee shall explore with the applicant all means for substantially preserving the eligibility of the structure which would be affected by the requested permit. (1) In making a determination concerning the proposal, the Subcommittee shall consider the following criteria: a. the effect of the proposed work upon the general historical and/or architectural character of the landmark or landmark district; b. the architectural style, arrangement, texture and materials of existing and proposed improvements, and their relation to the landmark or the sites, structures and objects in the district; c. the effects of the proposed work in creating, changing, obscuring or destroying the exterior characteristics of the site, structure or object upon which such work is to be done; d. the effect of the proposed work upon the protection, enhancement, perpetuation and use of the landmark or landmark district; and e. the extent to which the proposed work meets the standards of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources. (2) If the Design Review Subcommittee unanimously agrees on alternative plans acceptable to the applicant, it shall provide the Director with a written approval of such alternative plans, and any permit for the project shall include such alternative plans. (3) If the Design Review Subcommittee does not so agree, then the application shall be referred to the Commission for review under § 14- 72(f). 168 29 (e) Any determination made pursuant to Section 14-72(b) by the Director and the chair of the Commission (or his or her designee) or made by the Design Review Subcommittee pursuant to Section 14-72(d), may be appealed to the Commission by 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 decision being appealed. The appeal shall include a Colorado Cultural Resource Survey Architectural Inventory Form, prepared by an expert in historic preservation acceptable to the Director and the applicant, with the cost of such form to be paid by the appellant. Such form need not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of the appeal. The Commission shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. Not less than ten (10) days prior to the date of the hearing, the Commission shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail, and shall publish in a newspaper of general circulation in the City notice of the hearing. In addition, the Commission shall cause a sign to be posted on or near the structure proposed for demolition or exterior alteration stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director. (f) If a demolition or exterior alteration permit application has been referred to the Commission under Subsection (c), then the application shall be processed and considered in accordance with this Subsection. (1) All applications under Section14-72(f) shall be accompanied by the payment of a fee in the amount of two hundred fifty dollars ($250.) to cover the costs of processing the request for demolition or exterior alteration at the final hearing before the Commission and shall contain such information as the Director reasonably believes is necessary for a full and complete consideration of the request, which information shall include, but need not be limited to: a. A Colorado Cultural Resource Survey Architectural Inventory Form prepared by an expert in historic preservation, acceptable to the Director and the applicant, with the cost of such form and report to be paid by the applicant; b. Detailed plans and specifications describing and depicting the appearance of the site, structure or object that is the subject of the application, in context, after the proposed alteration or demolition; 169 30 c. Evidence satisfactory to the Director that all administrative and quasi judicial approvals necessary to accommodate the proposed demolition or alteration have been obtained. d. A plan of protection acceptable to the Commission showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site. (2) The Director shall schedule a date for any hearing to be held by the Commission under this Paragraph as expeditiously as possible and shall provide the applicant with written notice of the date, time and place of the hearing, which notice shall be deposited in the U.S. Mail not less than ten (10) days prior to the date of the hearing, and shall publish in a newspaper of general circulation in the City notice of the hearing not less than ten (10) days prior to the date of the hearing. (3) Not less than thirty (30) days prior to the hearing of the Commission, the applicant shall: a. Cause a sign to be posted on or near the structure proposed for demolition or exterior alteration, stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director. b. Request that the City generate a list of owners of record of all real property within a minimum of eight hundred (800) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land upon which the structure is situated, which list shall be prepared from the records of the County Assessor. (4) Written notice of the hearing shall be mailed by the Director to all persons named on the list generated under Paragraph (3)b. above. Said mailing shall occur at least fourteen (14) days prior to the hearing date. The applicant shall pay postage and handling costs as established by the Director. (5) The Commission shall approve the application (with or without conditions) at the hearing or, in the alternative, it may postpone consideration of the application for a period not to exceed forty-five (45) days, in order to facilitate the gathering of additional information needed 170 31 for the full and complete consideration of the request by the Commission, which information may include the opinion of the staff regarding the benefits to the City of landmark or landmark district designation of the property in accordance with Article II of this Chapter. In the event that the Commission has not made a final decision within said forty-five (45) day period, then the Commission shall be deemed to have approved, without condition, the proposed demolition or exterior alteration. (6) Upon approval of the application by the Director or the Commission, the owner may obtain a demolition or alteration permit and may thereafter demolish or alter the structure (or portion thereof) in compliance with all applicable laws, ordinances and regulations. (7) The Commission may, as a condition of its approval of the demolition or alteration of a structure (or portion thereof), require the property owner to provide the City with such additional information as will, in the opinion of the Commission, help to mitigate the loss to the City caused by the demolition or exterior alteration of the structure (or portion thereof). These conditions may include, but need not be limited to: a. Comprehensive photographic documentation of such structure, with prints and negatives; b. Comprehensive historical, developmental, social, and/or architectural documentation of the property and the neighborhood containing the property; and/or c. Any other mitigating solution agreed upon by the Commission, the applicant, and any other applicable parties. Sec. 14-73. Requirements and conditions for approval of demolition and relocation.Notice defects. Neither of the following shall affect the validity of any hearing or determination made under the provisions of this Chapter: (a) The fact that written notice, mailed as required under the provision of this Chapter, was not actually received by one or more of the intended recipients. (b) The fact that signage posted in compliance with the provisions of this Chapter was subsequently damaged, stolen, or removed, either by natural causes or by persons other than the person responsible for posting such signage or his or her agents. 171 32 (a) Upon approval of the application by the Director or the Commission, the owner may obtain a demolition or relocation permit and may thereafter demolish or relocate the structure (or portion thereof) in compliance with all applicable laws, ordinances and regulations. (b) The Commission may, as a condition of its approval of the demolition or relocation of a structure (or portion thereof), require the property owner to provide the City with such additional information which, in the opinion of the Commission, will help to mitigate the loss to the City caused by the demolition or relocation of the structure (or portion thereof). These conditions may include: (1) Comprehensive photographic documentation of such structure, with prints and negatives; (2) Comprehensive historical, developmental, social, and/or architectural documentation of the property and the neighborhood containing the property; and/or (3) Any other mitigating solution agreed upon by the Commission, the applicant, and any other applicable parties. (c) The Commission shall have the authority to enter into an agreement with the owner of any structure (or portion thereof) proposed for demolition whereby the city or certain designated third parties may enter upon the property upon which such structure is situated, for the purpose of removing and taking possession and ownership of any particular artifacts and other items of historic interest or value, identified in such agreement. Secs. 14-74 – 14-80. Reserved. Section 5. That Article V of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE V. LANDMARK REHABILITATION LOAN PROGRAM Sec. 14-81. Purpose. The City Council hereby establishes a landmark rehabilitation loan program and finds that the program promotes a valid public purpose of increasing the quality, exterior integrity and permanence of the City's stock of historic landmarks for the enjoyment and benefit of present and future generations of citizens of the City by making available to the owners of designated Fort Collins landmarks or contributing structures in designated Fort Collins landmark districts a source of funding for exterior rehabilitation of such structures. 172 33 Sec. 14-82. Establishment; funding. The City Manager shall administer the program for awarding zero-interest loans for the rehabilitation of Fort Collins landmark structures and/or contributing structures in Fort Collins landmark districts. The City Manager may promulgate procedural rules and regulations for the efficient administration of the program. No such loan shall exceed the sum of seven thousand five hundred dollars ($7,500.) unless the City Council, by ordinance or resolution, authorizes a larger loan. All loans shall be funded solely from those funds held by the City for financial support of the program in the General Fund, and all loans shall be expressly contingent upon the availability of sufficient funds to support the loan. Loan recipients shall, as a condition of obtaining the loan, agree to repay the loan in full upon sale or transfer of the property. All loan repayments shall be returned to the landmark rehabilitation loan program. Sec. 14-83. Criteria. No landmark rehabilitation loan shall be awarded unless the following criteria and requirements have been met: (1) The subject structure must have been designated as a Fort Collins landmark or be a contributing structure in a Fort Collins landmark district pursuant to this Chapter before the landmark rehabilitation loan can be awarded. (2) All loan recipients shall provide matching funds in an amount equal to or greater than the amount of the loan. (3) The matching funds provided by the loan recipient may be utilized only for exterior rehabilitation of the subject property and/or the stabilization of the structure, the rehabilitation of electrical, heating or plumbing systems, and/or the rehabilitation or installation of fire sprinkling systems in commercial structures. Neither the loan nor the matching funds shall be used for the installation of nor rehabilitation of signage or interior rehabilitation or decoration, nor the installation of building additions or the addition of architectural or decorative elements which are not part of the landmarked structure. (4) Loan funds may be expended only for rehabilitation of the exterior of a designated Fort Collins landmark structure or contributing structure in a Fort Collins landmark district. No interior improvements may be purchased utilizing City loan funds. (5) The standards and/or guidelines of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources then in effect shall serve as the standards by which all rehabilitation work must be performed. 173 34 (6) No loan funds shall be disbursed until after the recipient has completed the work, the work has been physically inspected by the City and has been approved by the City Manager and the loan recipient has documented the cost of the work by submitting to the City copies of all bills, invoices, work orders and/or such other documentation showing, to the satisfaction of the City, that the funds requested are reasonable and are supported by actual proof of expense. (7) Loan recipients shall, as a condition of the loan, prominently place a sign upon the property being rehabilitated stating that such rehabilitation has been funded, in part, through the City's landmark rehabilitation loan program. (8) Property owners who have previously received loans shall be eligible for subsequent loans. (9) All rehabilitation work shall be completed within one (1) year from the date upon which the loan was awarded; provided, however, that upon application and a showing of good cause as to why the project cannot be timely completed, the Commission may authorize an extension of up to one (1) additional year for completion of the work. (10) No landmark rehabilitation loan shall be awarded unless the Commission (or in cases of loans exceeding the maximum amounts established herein, the City Council) first determines that: a. The applicant has demonstrated an effort to return the structure to its original appearance; b. It is in the best interests of the public welfare that the structure proposed to be rehabilitated be preserved for future generations; and c. The amount proposed to be spent on exterior rehabilitation is reasonable under the circumstances. (11) No landmark rehabilitation loan shall be awarded unless the loan recipient has, as a condition of obtaining the loan, agreed to repay the loan in full upon sale or transfer of the property. Sec. 14-84. Reserved. 174 35 Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 175 - 1 - ORDINANCE NO. 058, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-278 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE FUNCTIONS OF THE LANDMARK PRESERVATION COMMISSION WHEREAS, the City Council has directed City staff to undertake a two-phase project to consider improvements to the City’s historic preservation codes and processes to make these codes and processes more transparent, predictable and effective; and WHEREAS, City staff has prepared and presented to the City Council the second phase of the work, which addresses City Council’s concerns regarding the readability of the codes, increased flexibility in applying the codes, and better notice of the City’s historic review processes and regulations to the purchasers of historic landmarked properties and properties that are eligible to become landmarks; and WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes as set forth below and has recommended the same to the City Council; and WHEREAS, the City Council has determined that the changes set forth below are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-278 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-278. Functions. (a) The Commission shall perform all duties relating to preservation of historic landmarks as set out in Chapter 14, including the designation of sites, structures, objects or districts as landmarks and the review and approval or rejection of plans for the construction, alteration, demolition or relocation of any such site, structure, object or district. Decisions of the Commission are final unless appealed to the City Council. (b) The Commission shall also perform the following additional functions: (1) To promote awareness and understanding of, and appreciation for, the value of historic resource preservation in contributing to the quality of life in the City, and actively encouraging property owners to voluntarily designate their properties as historic landmarks; (2) To advise the City Council and City staff with regard to the identification and evaluation of historic resources within the Growth Management Area and providing information regarding the significance of the resources, the nature and degree of threat to their preservation, and methods for their protection; 176 - 2 - (3) To advise the City Council and City staff with regard to appropriate policies, incentives and regulations for encouraging and/or requiring preservation and rehabilitation of historic resources; (4) To coordinate with the various other City boards, commissions and City staff members whose actions may affect the preservation of historic resources in the community; and (5) To establish a committee of its members to provide advice and, if required under Section 2.10.2(H) of the Land Use Code, written recommendations to the owners of eligible historic properties, and of properties located near eligible historic properties, regarding historically appropriate design and site planning for additions, alterations and new construction in the City; provided, however, that any members of such committee who provide such advice or recommendations to property owners under this provision shall refrain from participating in any subsequent decisions of the Commission related to such properties; and (6) To provide advice and written recommendations to the appropriate decision maker and/or administrative body regarding plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places; (b) are officially designated as a local or state landmark, or are listed on the National Register of Historic Places; or (c) are located within an officially designated historic district or area. (67) To perform such other duties and functions as may be provided by the City Council by ordinance or resolution. (c) In order to better perform the foregoing functions and to coordinate the activities of the Commission with similar activities of other public and private agencies, members of the Commission may be appointed, by majority vote of the Commission, to serve as City representatives on the board of directors of the Historic Fort Collins Development Corporation, the Poudre Landmark Foundation or such other privately funded nonprofit corporations as the Commission may approve that are organized for the primary purpose of furthering the preservation of the community's historic resources. 177 - 3 - Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 178 - 1 - ORDINANCE NO. 059, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 3.4.7 OF THE LAND USE CODE PERTAINING TO NEW CONSTRUCTION AS IT AFFECTS HISTORIC AND CULTURAL RESOURCES WHEREAS, the City Council has directed City staff to undertake a two-phase project to consider improvements to the City’s historic preservation codes and processes to make these codes and processes more transparent, predictable and effective; and WHEREAS, City staff has prepared and presented to the City Council the second phase of the work, which addresses City Council’s concerns regarding the readability of the codes, increased flexibility in applying the codes, and better notice of the City’s historic review processes and regulations to the purchasers of historic landmarked properties and properties that are eligible to become landmarks; and WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes set forth below and has recommended the same to the City Council; and WHEREAS, the City Council has determined that the changes set forth below are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3.4.7 of the Land Use Code is hereby amended to read as follows: 3.4.7 Historic and Cultural Resources (A) Purpose. This Section is intended to ensure that, to the maximum extent feasible: (1) historic sites, structures or objects are preserved and incorporated into the proposed development and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity or significance of the historic property; and (2) new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood. This Section is intended to protect designated or individually eligible historic sites, structures or objects as well as sites, structures or objects in designated historic districts, whether on or adjacent to the development site. (B) General Standard. If the project contains a site, structure or object that (1) is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the State Register of Historic Properties or National Registers of Historic Places; (2) is officially designated as a local or state landmark, or is listed on the National Register of Historic Places; or (3) is located within an officially designated national, state or City historic district or area, then to the maximum extent feasible, the development plan and building design shall 179 - 2 - provide for the preservation and adaptive use of the historic structure. The development plan and building design shall protect and enhance the historical and architectural value of any historic property that is: (a) preserved and adaptively used on the development site; or (b) is located on property adjacent to the development site and qualifies under (1), (2) or (3) above. New structures must be compatible with the historic character of any such historic property, whether on the development site or adjacent thereto. (C) Determination of Landmark Eligibility. The determination of individual eligibility or potential individual eligibility for local landmark designation will be made in accordance with the applicable provisions of Chapter 14 of the City Code, except that the determination of potential individual eligibility shall be made by the Director and the finding of potential eligibility shall not constitute a finding of eligibility under Section 14-21 or 14-72 of the City Code. A site, structure or object may be determined to be or potentially be individually eligible for local landmark designation if it meets one (1) or more of the criteria as described in Section 14-5, "Standards for Designation of Sites, Structures, Objects and Districts For Preservation” "Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts" of the City Code. If a property is determined to be eligible for designation, the applicant will provide a completed Colorado Cultural Resource Survey Architectural Inventory Form for the property. The determination of individual eligibility for the National or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. (D) Reuse, Renovation, Alterations and Additions. (1) Original or historic materials and details, as well as distinctive form and scale, that contribute to the historic significance of the structure or neighborhood shall be preserved to the maximum extent feasible. Rehabilitation work shall not destroy the distinguishing quality or character of the structure or its environment. (2) The rehabilitation of structures shall be in conformance with the Secretary of the Interior’s "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (available from the Director) or other adopted design guidelines or standards. (E) Relocation or Demolition. A site, structure or object that is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places may be relocated or demolished only if, in the opinion of the decision maker, the applicant has, to the maximum extent feasible, attempted to preserve the site, 180 - 3 - structure or object in accordance with the standards of this Section, and the preservation of the site, structure or object is not feasible. (F) New Construction. (1) To the maximum extent feasible, the height, setback and/or width of new structures shall be similar to: (a) those of existing historic structures on any block face on which the new structure is located and on any portion of a block face across a local or collector street from the block face on which the new buildingstructure is located,; or (b) when a block does not exist, similar to those on any land adjacent to the property on which the new structure is to be located. Notwithstanding the foregoing, this requirement shall not apply if unless, in the judgment of the decision maker, such historic structures would not be negatively impacted with respect to their historic exterior integrity and significance by reason of the new structure being constructed at a dissimilar height, setback and/or width. Where building setbacks cannot be maintained, elements such as walls, columns, hedges or other screens shall be used to define the edge of the site and maintain alignment. Taller structures or portions of structures shall be located interior to the site. Structures at the ends of blocks shall be of a similar height to structures in the adjoining blocks. (2) New structures shall be designed to be in character with such existing historic structures. Horizontal elements, such as cornices, windows, moldings and sign bands, shall be aligned with those of such existing historic structures to strengthen the visual ties among buildings. Window patterns of such existing structures (size, height, number) shall be repeated in new construction, and the pattern of the primary building entrance facing the street shall be maintained to the maximum extent feasible. See Figure 6. 181 - 4 - Figure 6 Building Patterns (3) The dominant building material of such existing historic structures adjacent to or in the immediate vicinity of the proposed structure shall be used as the primary material for new construction. Variety in materials can be appropriate, but shall maintain the existing distribution of materials in the same block. (4) Visual and pedestrian connections between the site and neighborhood focal points, such as a park, school or church, shall be preserved and enhanced, to the maximum extent feasible. (5) To the maximum extent feasible, existing historic and mature landscaping shall be preserved and when additional street tree plantings are proposed, the alignment and spacing of new trees shall match that of the existing trees. (6) In its consideration of the approval of plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be or potentially be individually eligible for local landmark designation or for individual listing in the National Register of Historic Places or the State Register of Historic Properties, or (b) are officially designated as a local or state landmark, or are listed on the National Register of Historic Places, or (c) are located within an officially designated National, State or local historic district or area, the decision maker shall receive and consider a written recommendation from the Landmark Preservation Commission unless the Director has issued a written determination that the plans would not have a significant impact on the individual eligibility or potential individual eligibility of the site, structure, object, or district. A determination or recommendation made under this subsection is not appealable to the City Council under Chapter 2 of the City Code. 182 - 5 - Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 183 ORDINANCE NO. 058, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-278 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE FUNCTIONS OF THE LANDMARK PRESERVATION COMMISSION WHEREAS, the City Council has directed City staff to undertake a two-phase project to consider improvements to the City’s historic preservation codes and processes to make these codes and processes more transparent, predictable and effective; and WHEREAS, City staff has prepared and presented to the City Council the second phase of the work, which addresses City Council’s concerns regarding the readability of the codes, increased flexibility in applying the codes, and better notice of the City’s historic review processes and regulations to the purchasers of historic landmarked properties and properties that are eligible to become landmarks; and WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes as set forth below and has recommended the same to the City Council; and WHEREAS, the City Council has determined that the changes set forth below are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-278 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-278. Functions. (a) The Commission shall perform all duties relating to preservation of historic landmarks as set out in Chapter 14, including the designation of sites, structures, objects or districts as landmarks and the review and approval or rejection of plans for the construction, alteration, demolition or relocation of any such site, structure, object or district. Decisions of the Commission are final unless appealed to the City Council. (b) The Commission shall also perform the following additional functions: (1) To promote awareness and understanding of, and appreciation for, the value of historic resource preservation in contributing to the quality of life in the City, and actively encouraging property owners to voluntarily designate their properties as historic landmarks; (2) To advise the City Council and City staff with regard to the identification and evaluation of historic resources within the Growth Management Area and providing information regarding the significance of the resources, the nature and degree of threat to their preservation, and methods for their protection; 184 (3) To advise the City Council and City staff with regard to appropriate policies, incentives and regulations for encouraging and/or requiring preservation and rehabilitation of historic resources; (4) To coordinate with the various other City boards, commissions and City staff members whose actions may affect the preservation of historic resources in the community; and (5) To establish a committee of its members to provide advice and, if required under Section 2.10.2(H) of the Land Use Code, written recommendations to the owners of eligible historic properties, and of properties located near eligible historic properties, regarding historically appropriate design and site planning for additions, alterations and new construction in the City; provided, however, that any members of such committee who provide such advice or recommendations to property owners under this provision shall refrain from participating in any subsequent decisions of the Commission related to such properties; and (6) To provide advice and written recommendations to the appropriate decision maker and/or administrative body regarding plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places; (b) are officially designated as a local or state landmark, or are listed on the National Register of Historic Places; or (c) are located within an officially designated historic district or area. (7) To perform such other duties and functions as may be provided by the City Council by ordinance or resolution. (c) In order to better perform the foregoing functions and to coordinate the activities of the Commission with similar activities of other public and private agencies, members of the Commission may be appointed, by majority vote of the Commission, to serve as City representatives on the board of directors of the Historic Fort Collins Development Corporation, the Poudre Landmark Foundation or such other privately funded nonprofit corporations as the Commission may approve that are organized for the primary purpose of furthering the preservation of the community's historic resources. 185 Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 186 ORDINANCE NO. 059, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 3.4.7 OF THE LAND USE CODE PERTAINING TO NEW CONSTRUCTION AS IT AFFECTS HISTORIC AND CULTURAL RESOURCES WHEREAS, the City Council has directed City staff to undertake a two-phase project to consider improvements to the City’s historic preservation codes and processes to make these codes and processes more transparent, predictable and effective; and WHEREAS, City staff has prepared and presented to the City Council the second phase of the work, which addresses City Council’s concerns regarding the readability of the codes, increased flexibility in applying the codes, and better notice of the City’s historic review processes and regulations to the purchasers of historic landmarked properties and properties that are eligible to become landmarks; and WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes set forth below and has recommended the same to the City Council; and WHEREAS, the City Council has determined that the changes set forth below are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3.4.7 of the Land Use Code is hereby amended to read as follows: 3.4.7 Historic and Cultural Resources (A) Purpose. This Section is intended to ensure that, to the maximum extent feasible: (1) historic sites, structures or objects are preserved and incorporated into the proposed development and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity or significance of the historic property; and (2) new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood. This Section is intended to protect designated or individually eligible historic sites, structures or objects as well as sites, structures or objects in designated historic districts, whether on or adjacent to the development site. (B) General Standard. If the project contains a site, structure or object that (1) is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the State Register of Historic Properties or National Registers of Historic Places; (2) is officially designated as a local or state landmark, or is listed on the National Register of Historic Places; or (3) is located within an officially designated national, state or City historic district or area, then to the maximum extent feasible, the development plan and building design shall 187 provide for the preservation and adaptive use of the historic structure. The development plan and building design shall protect and enhance the historical and architectural value of any historic property that is: (a) preserved and adaptively used on the development site; or (b) is located on property adjacent to the development site and qualifies under (1), (2) or (3) above. New structures must be compatible with the historic character of any such historic property, whether on the development site or adjacent thereto. (C) Determination of Landmark Eligibility. The determination of individual eligibility or potential individual eligibility for local landmark designation will be made in accordance with the applicable provisions of Chapter 14 of the City Code, except that the determination of potential individual eligibility shall be made by the Director and the finding of potential eligibility shall not constitute a finding of eligibility under Section 14-21 or 14-72 of the City Code. A site, structure or object may be determined to be or potentially be individually eligible for local landmark designation if it meets one (1) or more of the criteria as described in Section 14-5 "Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts" of the City Code. The determination of individual eligibility for the National or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. (D) Reuse, Renovation, Alterations and Additions. (1) Original or historic materials and details, as well as distinctive form and scale, that contribute to the historic significance of the structure or neighborhood shall be preserved to the maximum extent feasible. Rehabilitation work shall not destroy the distinguishing quality or character of the structure or its environment. (2) The rehabilitation of structures shall be in conformance with the Secretary of the Interior’s "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (available from the Director) or other adopted design guidelines or standards. (E) Demolition. A site, structure or object that is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places may be demolished only if, in the opinion of the decision maker, the applicant has, to the maximum extent feasible, attempted to preserve the site, structure or object in accordance with the standards of this Section, and the preservation of the site, structure or object is not feasible. 188 (F) New Construction. (1) To the maximum extent feasible, the height, setback and/or width of new structures shall be similar to: (a) those of existing historic structures on any block face on which the new structure is located and on any portion of a block face across a local or collector street from the block face on which the new structure is located,; or (b) when a block does not exist, similar to those on any land adjacent to the property on which the new structure is to be located. Notwithstanding the foregoing, this requirement shall not apply if, in the judgment of the decision maker, such historic structures would not be negatively impacted with respect to their historic exterior integrity and significance by reason of the new structure being constructed at a dissimilar height, setback and/or width. Where building setbacks cannot be maintained, elements such as walls, columns, hedges or other screens shall be used to define the edge of the site and maintain alignment. Taller structures or portions of structures shall be located interior to the site. (2) New structures shall be designed to be in character with such existing historic structures. Horizontal elements, such as cornices, windows, moldings and sign bands, shall be aligned with those of such existing historic structures to strengthen the visual ties among buildings. Window patterns of such existing structures (size, height, number) shall be repeated in new construction, and the pattern of the primary building entrance facing the street shall be maintained to the maximum extent feasible. See Figure 6. Figure 6 Building Patterns (3) The dominant building material of such existing historic structures adjacent to or in the immediate vicinity of the proposed structure shall be used as the primary material for new construction. Variety in materials can be appropriate, but shall maintain the existing distribution of materials in the same block. 189 (4) Visual and pedestrian connections between the site and neighborhood focal points, such as a park, school or church, shall be preserved and enhanced, to the maximum extent feasible. (5) To the maximum extent feasible, existing historic and mature landscaping shall be preserved and when additional street tree plantings are proposed, the alignment and spacing of new trees shall match that of the existing trees. (6) In its consideration of the approval of plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be or potentially be individually eligible for local landmark designation or for individual listing in the National Register of Historic Places or the State Register of Historic Properties, or (b) are officially designated as a local or state landmark, or are listed on the National Register of Historic Places, or (c) are located within an officially designated National, State or local historic district or area, the decision maker shall receive and consider a written recommendation from the Landmark Preservation Commission unless the Director has issued a written determination that the plans would not have a significant impact on the individual eligibility or potential individual eligibility of the site, structure, object, or district. A determination or recommendation made under this subsection is not appealable to the City Council under Chapter 2 of the City Code. Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 190 Passed and adopted on final reading on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 191 ORDINANCE NO. 057, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 14 OF THE CODE OF THE CITY FORT COLLINS REGARDING LANDMARK PRESERVATION WHEREAS, the City Council has directed City staff to undertake a two-phase project to consider improvements to the City’s historic preservation codes and processes to make these codes and processes more transparent, predictable and effective; and WHEREAS, City staff has prepared and presented to the City Council the second phase of the work, which addresses City Council’s concerns regarding the readability of the codes, increased flexibility in applying the codes, and better notice of the City’s historic review processes and regulations to the purchasers of historic landmarked properties and properties that are eligible to become landmarks; and WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes and has recommended the same to the City Council; and WHEREAS, the City Council has determined that the proposed changes are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Article I of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 14-1. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: Adverse effect shall mean that a project or undertaking may alter, directly or indirectly, any of the characteristics that qualify a property for designation, either individually or as a contributing element of a district, in a manner that would diminish the property's exterior integrity. Adverse effects may include reasonably foreseeable effects caused by the undertaking that may occur later in time, be removed in distance, or be cumulative. Alteration shall mean any act or process, including relocation, which changes one (1) or more of the physical characteristics of a designated site, structure, object, or district or a site, structure, object or district eligible for designation. 192 Characteristics shall mean the visible and tangible attributes of a site, structure, object or district, including, but not limited to, the architectural design, style, general arrangement and components of all the outer surfaces of a site, object, structure or improvement, including, but not limited to, the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appurtenant to said site, object, structure or improvement. Commission shall mean the Landmark Preservation Commission created in § 2-276. Compatible shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Construction shall mean the erection of any on-site improvements on any parcel of ground located within a designated or eligible district or on a designated or eligible site, whether the site is presently improved or unimproved, or the erection of a new structure on such property. Context shall mean the totality of interrelated conditions in which a site, structure, object or district exists. The context of an area is the sum of the existing buildings and spaces, and the pattern of physical development in the area. It can also be a measurement of the scarcity or profusion of a particular resource type. Contributing shall mean a site, structure or object eligible for designation, or formally designated, that has significance and that retains enough exterior integrity to contribute to the character of a district even though its exterior may have been altered. Demolition shall mean any act or process that destroys in its entirety an eligible or designated site, structure or object, or a site, structure or object within an eligible or designated district. Determination of eligibility shall mean a decision by the Director and the chair of the Commission, or the Commission, that a site, structure, object or district meets one (1) or more of the standards for designation as a Fort Collins landmark, which determination shall be valid for five (5) years. The determination of eligibility for the National and/or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. Director shall mean the Director of Community Development and Neighborhood Services or his or her designee. 193 District shall mean a geographically definable area possessing a significant concentration, linkage, or continuity of sites, structures, or objects and their surrounding environs united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. Eligibility shall mean a resource’s ability to meet one (1) or more of the standards for designation as a Fort Collins landmark, or the criteria for designation on the National Register of Historic Places and/or State Register of Historic Properties. There are three (3) levels of eligibility for Fort Collins landmark designation: individual, contributing to a district, and noncontributing/not eligible. Improvement shall mean any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment, including improvements on public property. Individual landmark shall mean a site, structure or object eligible for designation, or that has been formally designated, that has significance and exterior integrity. The property may have minor exterior alterations as long as such alterations have not substantially compromised the site’s, structure’s or object’s exterior integrity. Landmark or landmark district shall mean any site, structure, object or improvement and its surrounding environs or a group of sites, structures, objects or improvements or both and their surrounding environs: (1) Which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the City, State or Nation; or (2) Wherein any event of major historic significance with a measurable effect upon society took place; or (3) Which is closely identified with a person or group of persons who have had some measurable influence on society; or (4) Wherein the broad cultural, political, economic or social heritage of the community is exemplified; or (5) Which faithfully portrays the environment of a group of people in an era of history characterized by a distinctive architectural style or which embodies those distinguishing characteristics of an architectural-type specimen or which is the work of an architect or master builder whose individual work has influenced the development of the City; or 194 (6) Which, because of being a part of or related to a square, park or other distinctive area, should be developed or preserved according to a plan based upon a historic, cultural or architectural significance; or (7) Which, due to unique location or singular physical characteristic, represents an established, familiar and significant visual feature of the neighborhood, community or City; or (8) Officially designated as a Fort Collins landmark or Fort Collins landmark district pursuant to the provisions of this Chapter; or (9) Officially designated as a state or national landmark or landmark district. Major alteration shall mean work that has the potential to substantially affect more than one (1) aspect of exterior integrity. Minor alteration shall mean work that has the potential to substantially affect no more than one (1) aspect of exterior integrity. Noncontributing/not eligible shall mean a site, structure or object that does not possess sufficient significance and/or exterior integrity for designation, and is considered noncontributing to a district, or not eligible to be designated as an individual landmark. Object shall mean a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable. Owner shall mean the owner of fee simple title as shown in the records of the County Assessor. Repair and maintenance shall mean work done on a site, structure or object in order to correct any deterioration, decay or damage to any part thereof in order to restore the same as nearly as practical to its condition prior to such deterioration, decay or damage. Resource shall mean any site, structure or object that is part of or constitutes a property. Significant structure shall mean a house, commercial/industrial building, barn, stable, granary, carriage house, chicken house or similar structure. Site shall mean the location of a significant event, a prehistoric or historic occupation or activity, or a structure or object whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure. Structure shall mean that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. 195 Sec. 14-2. Declaration of policy. (a) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historical, architectural or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people. (b) It is the opinion of the City Council that the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historical, architectural and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets. Sec. 14-3. Purpose. The purposes of this Section are to: (1) Designate, preserve, protect, enhance and perpetuate those sites, structures, objects and districts which reflect outstanding elements of the City's cultural, artistic, social, economic, political, architectural, historic or other heritage; (2) Foster civic pride in the beauty and accomplishments of the past; (3) Stabilize or improve aesthetic and economic vitality and values of such sites, structures, objects and districts; (4) Protect and enhance the City's attraction to tourists and visitors; (5) Promote the use of outstanding historical or architectural sites, structures, objects and districts for the education, stimulation and welfare of the people of the City; (6) Promote good urban design; (7) Promote and encourage continued private ownership and utilization of such sites, structures, objects or districts now so owned and used, to the extent that the objectives listed above can be attained under such a policy. Sec. 14-4. Staff. The staff of the Commission shall consist of a secretary and such other staff as may be authorized by the City. The secretary shall be the custodian of the records of the Commission, shall handle official correspondence and shall generally supervise the clerical and technical work of the Commission. The Director shall act as secretary and staff liaison to the Commission. 196 Sec. 14-5. Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts. Properties eligible for designation must possess both significance and exterior integrity. In making a determination of eligibility, the context of the area surrounding the property shall be considered. (1) 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. Significance is achieved through meeting one or more of four standards recognized by the U.S. Department of Interior, National Park Service. These standards define how properties are significant for their association with events or persons, in design or construction, or for their information potential. (2) Standards for determining significance: a. Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, state or nation. A property can be associated with either (or both) of two types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, state, or nation. b. Persons/Groups. Properties may be determined to be significant if they are 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 history can be identified and documented. c. Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period, or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering, and artwork, by either an individual or a group. 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/or 197 uses over a period of time. Examples are 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. d. Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history. (3) Exterior integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of Interior, National Park Service: location, design, setting, materials, workmanship, feeling, and association. All seven (7) 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. (4) Standards for determining exterior integrity: a. Location is the place where the historic property was constructed or the place where the historic event occurred. b. Design is the combination of elements that create the form, plan space, structure, and style of a property. c. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. d. Materials are the physical elements that form a historic property. e. 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. f. Feeling is a property’s expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property’s historic character. g. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property’s historic character. 198 (5) Context. The area required for evaluating a resource’s context is dependent on the type and location of the resource. A house located in the middle of a residential block could be evaluated in the context of the buildings on both sides of the block, while a house located on a corner may require a different contextual area. Upon the submittal of an application necessitating a determination of eligibility for designation as a Fort Collins Landmark or Landmark District, the Director and/or the chair of the Commission shall determine the minimum area required for evaluating context, and such information, including photographs and other documents, as required for the determination. Sec. 14-6. Process for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts. (a) Application. An application for determining the eligibility of a site, structure, object or district for designation as a Fort Collins Landmark or Landmark District may be made by any resident of the City or owner of property in the City on forms prescribed by the City. Said application shall be filed with the Director. Within fifteen (15) days of the filing of such application, the Director and the chair of the Commission (or a designated member of the Commission appointed by the chair) shall determine the site, structure, object or district's current level of eligibility (individual, contributing or not eligible) for designation as a Fort Collins landmark based on the information contained in the application and information provided by the staff of the City or others, which determination shall be valid for five (5) years. The Director shall promptly publish the determination in a newspaper of general circulation in the City, and cause a sign to be posted on or near the structure stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director. (b) Appeal of determination. Any determination made by the Director and the chair of the Commission, or his or her designee, regarding the structure’s level of eligibility may be appealed to the Commission by 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 Director's determination. The appeal shall include a Colorado Cultural Resource Survey Architectural Inventory Form, prepared by an expert in historic preservation acceptable to the Director and the applicant, with the cost of such form to be paid by the appellant. Such form need not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of the appeal. The Director shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. Not less than ten (10) days prior to the date of the hearing, the Director shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail, and shall publish notice of the hearing in a newspaper of general circulation in the City. In addition, the Director shall cause a sign to be posted on or near the structure stating that the building or structure is undergoing historic review. 199 Said sign shall be at least four (4) square feet in size, be readable from a point of public access, and state that more information may be obtained from the Director. Sec. 14-7. Waiver of conditions. (a) Upon a showing of substantial hardship or to protect against an arbitrary result, and following notice as provided in § 14-25, the Commission may waive such conditions and requirements as are set forth in this Chapter provided the Commission finds that the spirit and purpose of the Chapter are not significantly eroded and that the requested waiver meets one or both of the following criteria: (1) The requested waiver is the minimum necessary to accommodate exceptional physical conditions or other extraordinary and exceptional situations unique to the affected property, which may include, but are not limited to, physical conditions such as exceptional narrowness, shallowness or topography, and such difficulties or hardship are not caused by the act or omission of the applicant; and/or (2) The requested wavier as submitted will not diverge from the conditions and requirements of this Chapter except in nominal and inconsequential ways, and will continue to advance the purposes of this Chapter. (b) Any finding made under Paragraph (1) or (2) above shall be supported by specific findings showing how the proposal, as submitted, meets the requirements and criteria of said Paragraph (1) or (2). Sec. 14-8. Offenses against historic property. (a) Except as may be authorized pursuant to this Chapter 14 or the provisions of the Land Use Code, no person shall damage, deface, or destroy any site, structure or object that is designated as a Fort Collins, state or national historic landmark or that is a contributing structure to any Fort Collins or national landmark district, or that is undergoing any of the processes provided for in this Chapter 14. (b) Except in response to a bona fide determination of imminent threat under § 14-51, no person shall deviate from or fail to comply with any approved plan of protection for any historic resource that is required under this Chapter 14 or the Land Use Code. Sec. 14-9. Appeal of decisions. Final decisions of the Commission shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq. unless otherwise provided. Any action taken in reliance upon any decision of the Commission that is subject to appeal under the provisions of this Chapter shall be at the sole risk of the person(s) taking such action, and the City shall not be liable for any damages arising from any such action taken during said period of time. 200 Sec. 14-10. Severability. It is hereby declared to be the legislative intent of the City Council that the provisions of this Chapter shall be severable in accordance with the provisions set forth below: (1) If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that provision which is expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify this Chapter as a whole or any other part, and the rest of this Chapter shall continue in full force and effect. (2) If the application of any provision of this Chapter to any lot, structure or other improvement or a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that lot, structure or other improvement or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision to any other lot, structure or other improvement or tract of land. Secs. 14-11 – 14-20. Reserved Section 2. That Article II of Chapter 14 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: ARTICLE II. DESIGNATION PROCEDURE Sec. 14-21. Initiation of designation procedure. The landmark designation process may be initiated by motion of the Commission or upon application of the owner(s) of the property to be designated, or of any three (3) or more residents of the City. All applications submitted in accordance with this Section shall include a description of the property proposed for designation and a detailed outline of the reasons why such property should be designated and why the boundaries of the property should be determined as described in the application. The Commission shall promptly determine whether the site, structure, object or district meets the criteria of a landmark or landmark district, and, if so, direct staff to investigate the benefits to the City of landmark designation. If the owner is not the applicant, the Director shall contact the owner or owners of such landmark or landmark district outlining the reasons and effects of designation as a landmark and, if possible, shall secure the owner's consent to such designation. If the Director is unable to personally contact such owner(s), it shall be sufficient to send a written request for the consent to designation of such property by certified or registered mail, return receipt requested, addressed to the owner(s) as shown on the most recent records of the County Assessor at the address shown on such records. 201 Sec. 14-22. Hearing process. (a) If all owners of the property to be designated consent in writing to such designation, the Commission, upon the affirmative vote of a majority of the members present, may adopt a resolution recommending to the City Council the designation of the landmark or landmark district without the necessity of notice or hearing and without the review by the Department of Community Development and Neighborhood Services required by § 14-24 below. (b) If all owners of the property to be designated do not consent to designation of the property within fifteen (15) days from the date of receipt of the request for consent to designation, the Commission shall hold a hearing at a specified time, date and place, following the giving of notice as described in § 14-23. The purpose of said hearing shall be to determine whether to proceed with consideration of the designation process without the consent of one (1) or more owners of the property. Upon the affirmative vote of at least six (6) of its members at the hearing, the Commission may adopt a resolution stating that the preliminary investigation by the Commission indicates that the described property is eligible for designation as a landmark or landmark district, and stating the reason the Commission feels that it should further consider the possible designation of the property without the consent of the owner(s). The Commission shall then schedule a second public hearing as described in Subsection (c). (c) Upon determination by the Commission under Subsection (b) that it should further consider the designation of the property, and following the giving of notice as described in § 14-23, the Commission shall hold a second hearing. At least six (6) members of the Commission must be present at such hearing. If at least six (6) members are not present, the members present shall adjourn the meeting to another date within two (2) weeks. If at least six (6) members are not present at such adjourned meeting, the hearing shall be canceled and the designation procedure terminated. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. Such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to § 14-23. (d) Reasonable opportunity shall be provided for all interested parties to express their opinions at the foregoing hearings regarding the proposed designation(s). However, nothing contained herein shall be construed to prevent the Commission from establishing reasonable rules to govern the proceedings of the hearings or from establishing reasonable limits on the length of individual presentations. The hearings shall be recorded and minutes provided to each City Councilmember. Written presentations, including the report of the Department of Community Development and Neighborhood Services as described in § 14-24, shall be included in the record of the hearing. 202 Sec. 14-23. Notice of hearing. Notice of the hearings referenced in § 14-22 shall be given as follows: (1) Written notice of the time, date, place and subject of the hearing shall be sent by registered or certified mail not less than thirty (30) days prior to the hearing to all owners of record on the date of the resolution who own the real property being proposed for designation as a landmark or landmark district. Such notice shall be deemed delivered upon the passage of five (5) days from the deposit of the notice in the mail. (2) Signs indicating that landmark designation is being considered by the Commission shall be posted by the Commission for a period of not less than fifteen (15) days immediately preceding the applicable hearing on all property proposed for landmark designation and/or on the boundaries of all areas proposed for landmark district designations. Such signs shall be prominently displayed and easily readable from abutting public ways. (3) A legal notice indicating the nature of the hearings, the property involved and the time, date and place of the scheduled public hearing shall be published in a local newspaper of general circulation one (1) time at least fifteen (15) days prior to the hearing. (4) Written notice of the proposed landmark designation, including the identification of the property, the basis for commencing with the designation procedure and the time, date and place of the hearing, shall be given to the Director not later than thirty (30) days prior to the hearing. Sec. 14-24. Department of Community Development and Neighborhood Services review. (a) The Department of Community Development and Neighborhood Services shall review the proposed designation with respect to: (1) Its relationship to the zoning ordinance of the City and the Comprehensive Plan of the City; (2) The effect of the designation upon the surrounding neighborhood; (3) Such other planning considerations as may be relevant. (b) The Department of Community Development and Neighborhood Services may recommend approval, rejection or modification of the proposed designation and its recommendation shall contain a statement of the basis for the recommendation. The recommendation shall be delivered to the Commission in written form at or prior to any hearing held under Subsection 14-22(c). 203 Sec. 14-25. Findings and recommendations of the Commission. The Commission shall, within thirty-five (35) days of a hearing held under Subsection 14-22(c), adopt a recommendation to the City Council regarding the application for designation. The Commission may recommend modification of any proposal, but no proposal may be extended beyond the boundaries of the land described in the original application unless the initiation and hearing procedures are repeated for the enlarged boundaries. The Commission shall set forth in its records the findings of fact that constitute the basis for its recommendation. Sec. 14-26. Transmittal to City Council. (a) Within fifteen (15) days after reaching its decision, the Commission shall transmit to the City Council its recommendation on the designation of a landmark or landmark district, including the description of the property involved and the findings upon which the recommendation was based. (b) If more than one (1) property is involved in the designation procedure, the Commission may recommend designation for any or all of the properties involved. In no event may any property be added to the area described in the initiation resolution without instituting a new designation procedure. Sec. 14-27. City Council action. Upon receipt of the recommendations transmitted by the Commission, the City Council may by ordinance designate property as a landmark or landmark district. Due consideration shall be given to the written view of owners of affected property, and in its discretion the City Council may hold public hearings on any proposed landmark or landmark district designation. If the City Council does not so designate a property, then any pending application for a permit to alter or demolish the structure on the property may be approved without the necessity of compliance with Article IV of this Chapter. Sec. 14-28. Recording with County Clerk. Within fifteen days of the effective date of an ordinance designating property as a landmark or landmark district, the City shall record among the real estate records of the County Clerk and Recorder either: (1) A certified copy of the ordinance designating the specified property as a landmark or landmark district; or (2) A notice stating that the specified property has been designated as a landmark or landmark district and citing the ordinance and the effective date of the ordinance which 204 made the designation effective. The notice may also contain a brief summary of the effects of such designation as set forth in this Chapter. Sec. 14-29. Final notification to owner. Within fourteen (14) days after the recording of the ordinance or the notice of designation of property as a landmark or landmark district, the Director shall send to the owner of each property so designated a letter outlining the reasons for such designation and the obligations and restrictions created by such designation. Such letter shall also contain a request that the owner or his or her successors or assigns notify the Director prior to: (1) Preparation of plans for the reconstruction or alteration of the exterior of improvements located on such property; (2) Preparation of plans for the construction, exterior alteration, or demolition of improvements on such property. Sec. 14-30. Interim control. No building permit shall be issued by the Department of Community Development and Neighborhood Services for the construction, alteration, or demolition of a site, structure or object under consideration for landmark designation or any site, structure or object within a district under consideration for landmark district designation from the date of the hearing of the Commission at which the Commission approves a motion directing staff to investigate the benefits to the City of landmark designation under §14-21 until final disposition of the designation by the City Council unless such alteration, construction, or demolition is approved by a motion of the Commission as not having an adverse effect on the property’s eligibility for designation, or is authorized by resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay in issuance of a building permit due to the provisions of this Section be for more than one hundred eighty (180) days. Sec. 14-31. Amendment or rescission of designation. A landmark and landmark district designation may be amended or rescinded in the same manner as the original designation was made. Sec. 14-32. Notification of state or national designation. The Director shall promptly notify the Commission of any known national or state designations which occur within the City. Secs. 14-33 – 14-45. Reserved. 205 Section 3. That Article III of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE III. CONSTRUCTION, ALTERATION, OR DEMOLITION OF DESIGNATED HISTORIC RESOURCES Sec. 14-46. Work requiring building permit. (a) Except as provided in § 14-51, action on an application for a building permit for a structure or object designated as a landmark or located in a landmark district shall be deferred by the Director until the application is accompanied by a report of acceptability from the Commission for the proposed work, when the proposed work involves any of the following: (1) Alteration or reconstruction of or addition to the exterior of any improvement which constitutes all or part of a landmark or landmark district; (2) Demolition or alteration of any improvement or object which constitutes all or part of a landmark or landmark district; (3) Construction or erection of or addition to any improvement upon any land included in a landmark district. (b) In order to obtain a report of acceptability, the applicant shall submit the application for a building permit, including sketches and plans. Such plans shall include, without limitation, a plan of protection acceptable to the Commission showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site, and other documents as required by the Commission, to the Commission through the Director. All such applications shall be reviewed by the Commission in two (2) phases to determine compliance with this Chapter as follows: (1) Conceptual review. Conceptual review is an opportunity for the applicant to discuss requirements, standards, design issues and policies that apply to landmarks or sites, structures and objects within a landmark district. Problems can be identified and solved prior to final review of the application. Conceptual review of any proposed work may be limited to certain portions of the work as deemed appropriate by the Commission. If, upon review of the proposed work, the Commission determines that conceptual review is not necessary given the absence of a significant impact on the landmark or landmark district involved, it may be waived by the Commission, and the Commission may then proceed to consider the proposed work on final review at the same meeting. (2) Final review and approval. Each application shall be finally reviewed and approved by the Commission at the same meeting as the Commission’s 206 conceptual review of the application, if any or at a subsequent meeting of the Commission. During final review, the Commission shall consider the application and any changes made by the applicant since conceptual review as set forth in this Subsection. Sec. 14-47. Work not requiring building permit; application for approval. (a) Except as otherwise provided herein, no land surface within any real property designated as a landmark or landmark district shall be changed and no improvements shall be erected, removed, restored, demolished or altered, including alterations of color, without prior written approval of the Commission. No addition shall be made to any real property designated as a landmark or landmark district in such a manner or of such a character as to change the exterior appearance or exterior characteristics which change shall be visible from any public street, park or other public place, without prior written approval of the Commission. (b) Any person desiring to remove, demolish, or in any way change the exterior appearance or the exterior characteristics of improvements on real property designated as a landmark or in a landmark district or desiring to change the land surface of any such real property, shall submit to the Commission an application for approval and a specific statement of the work proposed, together with such details as the Commission may require. Sec. 14-48. Report of Acceptability. (a) If upon receipt of an application for a report of acceptability pursuant to § 14-46, or upon receipt of an application pursuant to § 14-47, the Commission finds that the proposed work is of a nature that will not erode the authenticity or destroy any distinctive exterior feature or characteristic of the improvements or site and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, the Commission shall advise the applicant in writing by issuing a report of acceptability. In the case of an application under § 14-46, upon receipt of the Commission's report of acceptability and approved plans and specifications, the Director may proceed with the review of the application for a building permit. No change that would defeat the purpose of this Chapter shall be made in an application for a building permit or the plans and specifications for the proposed work approved by the Commission without resubmittal to the Commission and approval of such changes in the same manner as the original application. (b) In determining the decision to be made concerning the issuance of a report of acceptability, the Commission shall consider the following criteria: (1) The effect of the proposed work upon the general historical and/or architectural character of the landmark or landmark district; 207 (2) The architectural style, arrangement, texture and materials of existing and proposed improvements, and their relation to the landmark or the sites, structures and objects in the district; (3) The effects of the proposed work in creating, changing, obscuring or destroying the exterior characteristics of the site, structure or object upon which such work is to be done; (4) The effect of the proposed work upon the protection, enhancement, perpetuation and use of the landmark or landmark district; (5) The extent to which the proposed work meets the standards of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources. Sec. 14-49. Work not detrimental to historic, architectural or cultural material; administrative process. (a) Any work that would otherwise qualify for consideration under the procedures established in § 14-46 or 14-47 of this Article may, at the option of the applicant and with the consent of the chair of the Commission, be considered administratively by the Director. The Director may consider, under the authority of this Section, applications for approval of color selection from a historically authentic palette of colors, signs, awning re-coverings and minor exterior alterations to a landmark or a site, structure or object located in a landmark district. The Director may, under the authority of this Section, consider changes originally initiated by the applicant as well as changes to plans previously approved by the Commission. Any application submitted to the Director under the authority of this Section shall be in writing and shall contain a specific statement of the work proposed, together with such details as the Director may require. (b) If, upon receipt of any such application, the Director finds that the proposed work is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, and complies with all of the criteria for review established in § 14-48(b) above, the Director shall render a written decision approving the work. In the case of an application under § 14-46, the Director shall proceed with the review of the building permit application only upon receipt of the Director's decision and approved plans and specifications. No change shall be made in any such application for a building permit or in the plans and specifications for work approved by the Director unless such changes are submitted to and approved by the Director in the same manner as the original application. The proposed work shall not be commenced until the Director has issued the decision approving the work and a building permit (if applicable) has been issued. (c) Decisions of the Director made under the authority of this Section may be appealed to the Commission by the applicant, provided that any such appeal shall be set 208 forth in writing and filed with the Director within fourteen (14) days of the date of the Director's decision. The Commission shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. The Commission shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail not less than five (5) days prior to the date of the hearing, and shall also publish notice of the hearing in a newspaper of general circulation in the City not less than ten (10) days prior to the date of the hearing. Any action taken in reliance upon the decision of the Director shall be totally at the risk of the persons taking such action until all appeal rights related to such decision have been exhausted, and the City shall not be liable for any damages arising from any such action taken during said period of time. Sec. 14-50. Denial of building permit. If the proposed work is not approved by the Commission, the Director shall deny the application for the building permit and shall advise the applicant. No reapplication shall be submitted pursuant to § 14-46 et seq., under the original plans and specifications found unacceptable by the Commission except upon a showing of changed circumstances sufficient to justify the reapplication. Sec. 14-51. Remedying of dangerous conditions. In any case where a properly authorized public official or employee orders the demolition of any structure that has been designated as a Fort Collins or national landmark, or any structure located in a Fort Collins or national landmark district, for the purpose of remedying conditions determined by that officer or employee to constitute an imminent threat to life, health or property, nothing contained herein shall be construed as making it unlawful for any person to comply with such order. Such officer or employee shall take immediate steps to notify the Commission of the proposed issuance of such order and may include in the order any timely received requirements or recommendations of the Commission. In the event that such officer or employee has determined that the structure in question is capable of being made safe by repairs and need not be demolished, the structure shall be repaired or demolished only in accordance with the provisions of this Article. Sec. 14-52. Normal maintenance and repair. Nothing in this Chapter shall be construed to prohibit the accomplishment of any work on any landmark or in any landmark district which will neither change the exterior appearance nor the exterior characteristics of improvements, nor the character or appearance of the land itself and which is considered necessary as a part of normal maintenance and repair. Sec. 14-53. Minimum maintenance requirements. 209 (a) All sites, structures or objects designated as landmarks and all sites, structures or objects located within a landmark district shall be maintained in such fashion as to meet the requirements of the International Property Maintenance Code or the Uniform Code for Building Conservation, as adopted by the City. The owner of such sites, structures or objects shall also keep in good repair all structural elements thereof which, if not so maintained, may cause or tend to cause the exterior portions of such sites, structures or objects to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair which would have a detrimental effect upon the historic character of such sites, structures or objects or the landmark districts, if any, in which they are situated. (b) The Commission may request that the Director require correction of defects or repairs to any sites, structures or objects regulated by this Section. Sec. 14-54. Violations and penalties. Any person violating any provision of this Chapter shall be subject to the penalty provided in § 1-15. In case any improvement is erected, constructed, reconstructed, altered, added to or demolished in violation of this Chapter, the City or any proper person may institute an appropriate action or proceeding to prevent such unlawful action. The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Chapter and with administrative orders and determinations made hereunder. Sec. 14-55. Severability. It is hereby declared to be the legislative intent that the several provisions of this Chapter shall be severable in accordance with the provisions set forth below: (1) If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that provision which is expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify this Chapter as a whole or any other part, but the rest of this Chapter shall continue in full force and effect; (2) If the application of any provision of this Chapter to any lot, structure or other improvement or a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to that lot, structure or other improvement or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision to any other lot, structure or other improvement or tract of land. Secs. 14-56 – 14-70. Reserved. 210 Section 4. That Article IV of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE IV. DEMOLITION OR ALTERATION OF HISTORIC STRUCTURES NOT DESIGNATED AS FORT COLLINS LANDMARKS OR LOCATED IN A FORT COLLINS LANDMARK DISTRICT Sec. 14-71. General. (a) This Article shall not apply to any structure designated as a Fort Collins landmark or located in a Fort Collins landmark district. (b) With the exception of any structure found to pose an imminent threat under Section 14-51 as adopted and amended by the City, no structure (or portion thereof) fifty (50) years of age or older that meets one (1) or more of the standards of eligibility contained in § 14-5 of this Code may be demolished or altered nor shall any permit for such demolition or alteration be issued unless the owner of such structure has complied with the provisions of this Section and § 14-72 below. This Article shall not apply to interior demolition or alteration activities not visible from any public street, park or other public place, or to demolition or alteration activities as they affect the surface or subsurface of the ground, or any archeological impacts pertaining thereto. Sec. 14-72. Procedures for review of applications for demolition or exterior alteration. (a) The owner of any structure governed by this Article shall make application for City approval of the demolition or exterior alteration of such structure (or portion thereof) on forms prescribed by the City. Said application shall be filed with the Director. Within fourteen (14) days of the filing of such application, the Director and the chair of the Commission, (or a designated member of the Commission appointed by the chair, who shall in this Section be referred to as “designee’), shall determine if the proposed work constitutes a demolition or a minor or major alteration of the exterior. (b) If the Director and chair of the Commission (or designee) agree that the proposed work is a minor alteration, then the application shall be approved, and any such approval shall not be subject to appeal. If the work is determined to be a demolition or major alteration, the Director and the chair of the Commission (or designee) shall either refer the matter to the Commission or Design Review Subcommittee pursuant to Subsection (c), or shall determine whether either Paragraphs (1) or (2) are met: (1) the structure (or portion thereof), is not eligible for individual designation as a Fort Collins landmark, and the structure is not designated on the National 211 Register of Historic Places and/or State Registers of Historic Places Properties, either individually or as a contributing element of a National and/or State Register district; or (2) both of the following conditions are met: a. the structure (or portion thereof) is eligible for individual designation as a Fort Collins landmark, or the structure is designated on the National and/or State Registers of Historic Places, either individually or as a contributing element of a National and/or State Register district; and b. the proposed demolition or exterior alteration of the structure (or portion thereof), in the judgment of the Director and the chair of the Commission (or designee), would not be detrimental to the current level of eligibility of the remaining structure, if any, adjacent properties, the surrounding neighborhood and the National and/or State Register district in which the structure is located, if any. If the Director and chair of the Commission (or designee) so determine, then the application shall be approved. (c) If the application is not approved pursuant to Paragraphs (1) or (2), above, the application shall be considered by the Commission pursuant to Subsection (f), below, unless the Director or the chair of the Commission, with the consent of the applicant, refers the application to the Design Review Subcommittee of the Commission. The decision to refer is not an appealable decision. (d) If the application is referred to the Design Review Subcommittee, the Director shall schedule a meeting on the application before the Design Review Subcommittee as expeditiously as practical following receipt of the information required under Subsection 14-46(b) and any other documents required by the Design Review Subcommittee. At the meeting, the Design Review Subcommittee shall explore with the applicant all means for substantially preserving the eligibility of the structure which would be affected by the requested permit. (1) In making a determination concerning the proposal, the Subcommittee shall consider the following criteria: a. the effect of the proposed work upon the general historical and/or architectural character of the landmark or landmark district; b. the architectural style, arrangement, texture and materials of existing and proposed improvements, and their relation to the landmark or the sites, structures and objects in the district; 212 c. the effects of the proposed work in creating, changing, obscuring or destroying the exterior characteristics of the site, structure or object upon which such work is to be done; d. the effect of the proposed work upon the protection, enhancement, perpetuation and use of the landmark or landmark district; and e. the extent to which the proposed work meets the standards of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources. (2) If the Design Review Subcommittee unanimously agrees on alternative plans acceptable to the applicant, it shall provide the Director with a written approval of such alternative plans, and any permit for the project shall include such alternative plans. (3) If the Design Review Subcommittee does not so agree, then the application shall be referred to the Commission for review under § 14-72(f). (e) Any determination made pursuant to Section 14-72(b) by the Director and the chair of the Commission (or his or her designee) or made by the Design Review Subcommittee pursuant to Section 14-72(d), may be appealed to the Commission by 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 decision being appealed. The appeal shall include a Colorado Cultural Resource Survey Architectural Inventory Form, prepared by an expert in historic preservation acceptable to the Director and the applicant, with the cost of such form to be paid by the appellant. Such form need not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of the appeal. The Commission shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. Not less than ten (10) days prior to the date of the hearing, the Commission shall provide the appellant with written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail, and shall publish in a newspaper of general circulation in the City notice of the hearing. In addition, the Commission shall cause a sign to be posted on or near the structure proposed for demolition or exterior alteration stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director. (f) If a demolition or exterior alteration permit application has been referred to the Commission under Subsection (c), then the application shall be processed and considered in accordance with this Subsection. 213 (1) All applications under Section14-72(f) shall be accompanied by the payment of a fee in the amount of two hundred fifty dollars ($250.) to cover the costs of processing the request for demolition or exterior alteration at the final hearing before the Commission and shall contain such information as the Director reasonably believes is necessary for a full and complete consideration of the request, which information shall include, but need not be limited to: a. A Colorado Cultural Resource Survey Architectural Inventory Form prepared by an expert in historic preservation, acceptable to the Director and the applicant, with the cost of such form and report to be paid by the applicant; b. Detailed plans and specifications describing and depicting the appearance of the site, structure or object that is the subject of the application, in context, after the proposed alteration or demolition; c. Evidence satisfactory to the Director that all administrative and quasi judicial approvals necessary to accommodate the proposed demolition or alteration have been obtained. d. A plan of protection acceptable to the Commission showing how the applicant will ensure that no damage will occur to any historic resources on or adjacent to the site. (2) The Director shall schedule a date for any hearing to be held by the Commission under this Paragraph as expeditiously as possible and shall provide the applicant with written notice of the date, time and place of the hearing, which notice shall be deposited in the U.S. Mail not less than ten (10) days prior to the date of the hearing, and shall publish in a newspaper of general circulation in the City notice of the hearing not less than ten (10) days prior to the date of the hearing. (3) Not less than thirty (30) days prior to the hearing of the Commission, the applicant shall: a. Cause a sign to be posted on or near the structure proposed for demolition or exterior alteration, stating that the building or structure is undergoing historic review. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director. b. Request that the City generate a list of owners of record of all real property within a minimum of eight hundred (800) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the 214 property lines of the parcel of land upon which the structure is situated, which list shall be prepared from the records of the County Assessor. (4) Written notice of the hearing shall be mailed by the Director to all persons named on the list generated under Paragraph (3)b. above. Said mailing shall occur at least fourteen (14) days prior to the hearing date. The applicant shall pay postage and handling costs as established by the Director. (5) The Commission shall approve the application (with or without conditions) at the hearing or, in the alternative, it may postpone consideration of the application for a period not to exceed forty-five (45) days, in order to facilitate the gathering of additional information needed for the full and complete consideration of the request by the Commission, which information may include the opinion of the staff regarding the benefits to the City of landmark or landmark district designation of the property in accordance with Article II of this Chapter. In the event that the Commission has not made a final decision within said forty- five (45) day period, then the Commission shall be deemed to have approved, without condition, the proposed demolition or exterior alteration. (6) Upon approval of the application by the Director or the Commission, the owner may obtain a demolition or alteration permit and may thereafter demolish or alter the structure (or portion thereof) in compliance with all applicable laws, ordinances and regulations. (7) The Commission may, as a condition of its approval of the demolition or alteration of a structure (or portion thereof), require the property owner to provide the City with such additional information as will, in the opinion of the Commission, help to mitigate the loss to the City caused by the demolition or exterior alteration of the structure (or portion thereof). These conditions may include, but need not be limited to: a. Comprehensive photographic documentation of such structure, with prints and negatives; b. Comprehensive historical, developmental, social, and/or architectural documentation of the property and the neighborhood containing the property; and/or c. Any other mitigating solution agreed upon by the Commission, the applicant, and any other applicable parties. Sec. 14-73. Remedying of dangerous conditions. In any case where a properly authorized public official or employee orders the demolition of any structure that has been determined under this Chapter to be eligible for designation 215 as a contributing element of a Fort Collins or national landmark district, or any structure located in a Fort Collins or national landmark district, for the purpose of remedying conditions determined by that officer or employee to constitute an imminent threat to life, health or property, nothing contained herein shall be construed as making it unlawful for any person to comply with such order. Such officer or employee shall take immediate steps to notify the Commission of the proposed issuance of such order and may include in the order any timely received requirements or recommendations of the Commission. In the event that such officer or employee has determined that the structure in question is capable of being made safe by repairs and need not be demolished, the structure shall be repaired or demolished only in accordance with the provisions of this Article. Sec. 14-74. Notice defects. Neither of the following shall affect the validity of any hearing or determination made under the provisions of this Chapter: (a) The fact that written notice, mailed as required under the provision of this Chapter, was not actually received by one or more of the intended recipients. (b) The fact that signage posted in compliance with the provisions of this Chapter was subsequently damaged, stolen, or removed, either by natural causes or by persons other than the person responsible for posting such signage or his or her agents. Secs. 14-75 – 14-80. Reserved. Section 5. That Article V of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE V. LANDMARK REHABILITATION LOAN PROGRAM Sec. 14-81. Purpose. The City Council hereby establishes a landmark rehabilitation loan program and finds that the program promotes a valid public purpose of increasing the quality, exterior integrity and permanence of the City's stock of historic landmarks for the enjoyment and benefit of present and future generations of citizens of the City by making available to the owners of designated Fort Collins landmarks or contributing structures in designated Fort Collins landmark districts a source of funding for exterior rehabilitation of such structures. Sec. 14-82. Establishment; funding. The City Manager shall administer the program for awarding zero-interest loans for the rehabilitation of Fort Collins landmark structures and/or contributing structures in Fort 216 Collins landmark districts. The City Manager may promulgate procedural rules and regulations for the efficient administration of the program. No such loan shall exceed the sum of seven thousand five hundred dollars ($7,500.) unless the City Council, by ordinance or resolution, authorizes a larger loan. All loans shall be funded solely from those funds held by the City for financial support of the program in the General Fund, and all loans shall be expressly contingent upon the availability of sufficient funds to support the loan. Loan recipients shall, as a condition of obtaining the loan, agree to repay the loan in full upon sale or transfer of the property. All loan repayments shall be returned to the landmark rehabilitation loan program. Sec. 14-83. Criteria. No landmark rehabilitation loan shall be awarded unless the following criteria and requirements have been met: (1) The subject structure must have been designated as a Fort Collins landmark or be a contributing structure in a Fort Collins landmark district pursuant to this Chapter before the landmark rehabilitation loan can be awarded. (2) All loan recipients shall provide matching funds in an amount equal to or greater than the amount of the loan. (3) The matching funds provided by the loan recipient may be utilized only for exterior rehabilitation of the subject property and/or the stabilization of the structure, the rehabilitation of electrical, heating or plumbing systems, and/or the rehabilitation or installation of fire sprinkling systems in commercial structures. Neither the loan nor the matching funds shall be used for the installation of nor rehabilitation of signage or interior rehabilitation or decoration, nor the installation of building additions or the addition of architectural or decorative elements which are not part of the landmarked structure. (4) Loan funds may be expended only for rehabilitation of the exterior of a designated Fort Collins landmark structure or contributing structure in a Fort Collins landmark district. No interior improvements may be purchased utilizing City loan funds. (5) The standards and/or guidelines of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources then in effect shall serve as the standards by which all rehabilitation work must be performed. (6) No loan funds shall be disbursed until after the recipient has completed the work, the work has been physically inspected by the City and has been approved by the City Manager and the loan recipient has documented the cost of the work by submitting to the City copies of all bills, invoices, work orders and/or such other documentation showing, to the satisfaction of the City, that the funds requested are reasonable and are supported by actual proof of expense. 217 (7) Loan recipients shall, as a condition of the loan, prominently place a sign upon the property being rehabilitated stating that such rehabilitation has been funded, in part, through the City's landmark rehabilitation loan program. (8) Property owners who have previously received loans shall be eligible for subsequent loans. (9) All rehabilitation work shall be completed within one (1) year from the date upon which the loan was awarded; provided, however, that upon application and a showing of good cause as to why the project cannot be timely completed, the Commission may authorize an extension of up to one (1) additional year for completion of the work. (10) No landmark rehabilitation loan shall be awarded unless the Commission (or in cases of loans exceeding the maximum amounts established herein, the City Council) first determines that: a. The applicant has demonstrated an effort to return the structure to its original appearance; b. It is in the best interests of the public welfare that the structure proposed to be rehabilitated be preserved for future generations; and c. The amount proposed to be spent on exterior rehabilitation is reasonable under the circumstances. (11) No landmark rehabilitation loan shall be awarded unless the loan recipient has, as a condition of obtaining the loan, agreed to repay the loan in full upon sale or transfer of the property. Sec. 14-84. Reserved. Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 218 Passed and adopted on final reading on the 15th day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk 219 4 101 appears as several authentic building modules. New Building 4 Changes in cornice lines combined with varia- tions in wall planes can help a new, larger building appear consistent with traditional development patterns. 97 and another for the roof is preferred. › Using one to three accent colors for trim elements is also preferred. 89 building areas. › Minimize structural impacts when installing turbines. 74 walls, ceilings and foundations, rather than replac- ing windows. 72 sulation, weatherization improvements and landscaping should be employed. Step 5: Add Energy-Generating Technologies Sensitively. The flexibility of many historic structures allows for the respectful integration of energy efficient tech- nologies. Energy-generating technologies are the most commonly known strategies. However, the efficiency of a historic structure will often be great enough that generation technologies aren’t the most practical solu- tions. Utilize strategies to reduce energy consumption prior to undertaking an energy generation project. 71 ing structure. Appropriate addition to the front of a one-story non-contributing structure. 4 4 70 4 Preserve an older addition that has achieved historic significance in its own right. Design an addition or secondary structure to be subordinate to the historic building. 69 http://www.nps.gov/tps/how-to-preserve/ briefs/10-paint-problems.htm 67 4 4 65 http://www.nps.gov/tps/how-to-preserve/ briefs/11-storefronts.htm 64 Understanding the character of these materials and the patterns they create is essential to devel- oping new interpretations. 55 toric materials. 8 Re-point mortar joints where there is evi- dence of deterioration. This shall match the historic design. 4 Historic building materials are key features of historic buildings and shall be preserved. 54 Exterior of Small and Medium Size Historic Buildings http://www.nps.gov/tps/how-to-preserve/ briefs/47-maintaining-exteriors.htm 51 “Rehabilitation” is the process of returning a property to a state that makes a contemporary use possible while still preserving those portions or features of the property which are significant to its historical, archi- tectural and cultural values. Rehabilitation may include a change in use of the building or additions. This term is the broadest of the permitted treatments and applies to most work on historic properties. Combining Treatments For many projects a “rehabilitation” approach will be the overall strategy, because this term reflects the broadest, most flexible of the approaches. Within that, however, there may be a combination of treatments used as they relate to specific building components. For example, a surviving cornice may be preserved, a storefront base that has been altered may be restored, and a missing kickplate may be reconstructed. 30 E Sidebars These provide additional infor- mation that will be helpful in understanding the standard. In some cases a sidebar includes links that direct the user to additional material; this may be technical information about a rehabilitation procedure or other helpful infor- mation. 4 26 Construct a new building 4 4 4 4 (1) Other Track Signs 4 4 (1) (1) (1) 4 Site Work 4 4 (1) (1) (1) 4 Miscellaneous 4 4 4 (1) Standards may apply to some projects in this category. 25 which has been substantially altered could be restored with a sufficient degree of care, such that it may be re-classified as a contributing property once improve- ments are completed. An owner may elect to take such an approach; the city will work with the owner to determine if this is appropriate. For this special condi- tion, the Preservation Track will apply. This option is not mandatory and up to the building owner. 24 been undertaken to comply with the regulation, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from noncompliance with the regula- tion. May Be Considered The phrase “may be considered” appears in some standards text. This indicates that the City will discre- tion determine if the “land-use activity” is permissible. This decision is made using the information specifically related to the project and its context. 22 derstood as defining a particular span of time, other features are more subtle but still continue to influence patterns of development. The aerial images shown underscore the value of the features that still survive because they provide a hint to the early character. To preserve the historic building fabric and to provide din- ing, retail and entertainment uses was a goal of the 1985 redevelopment plan. Illustrative plan from the 1985 redevelopment plan set a vision for Old Town. 18 compass, rather than along the environmental dictates that guided Dow and Meldrum. By including most of the original surveyed area of Fort Collins, Avery cre- ated the distinct triangular shaped lots and streets that characterize Old Town. Spring of 1873 saw an influx of population, and many new business buildings were erected in Old Town. Dur- ing that year 68 frame buildings were constructed in Fort Collins, with a majority in the Old Town area, but gusty autumn winds blew several down. The ones that remained were later removed to build the more sturdy brick buildings that stand today. Near harvest time of the same year a plague of grasshoppers descended upon the crops and devoured them. The businesses of the community suffered along with the farmers, as the grasshoppers made repeat performances in 1874 and 1875. Many families and businesses in Old Town left, Ansel Watrous wrote, “Building was practically at a standstill and business of all kinds was in the dumps.” The arrival of the Colorado Central Railroad in 1877 began a new era of prosperity for Fort Collins, and in particular for Old Town, as the Terminal was in close proximity to the business district. Investments in housing and business buildings rose, as did the spirit of the people who lived and worked in Old Town. The following year saw the building of some substantial brick business blocks in Old Town, and a promise of more to come. 16 » Environmental Sustainability. Rehabilita- tion of historic resources conserves energy that is embodied in the construction of existing structures. It also reduces impacts on land fill from demolition and reduces the need to fabricate new materials. » Economic Sustainability. The economic benefits of protecting historic resources include higher property values, job creation in rehabilitation industries and increased heritage tourism. For More Information: See web link to National Park Service Sustainabil- ity information: http://www.nps.gov/tps/sustainability.htm 15 this energy. Re-using a building also preserves the energy and resources invested in its construction, and reduces the need for producing new construction ma- terials, which require more energy to produce. Studies confirm that the loss of embodied energy by demoli- tion takes three decades or more to recoup, even with the reduced operating energy costs in a replacement building. For More Information: See the following web link to Preservation Brief 3: Improving Energy Efficiency in Historic Buildings: http://www.nps.gov/tps/how-to-preserve/briefs/3- improve-energy-efficiency.htm 14 shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that char- acterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.” PRESERVATION BRIEFS & TECH NOTES The Cultural Resources Department of the National Park Service, in the U.S. Department of the Interior, publishes a series of technical reports regarding proper preservation techniques. This series, Preservation Briefs and Tech Notes, is a mainstay for many preservationists in the field. When considering a preservation project, these resources should be consulted. 13 tion into new developments. It provides a good basis for design standards and guidelines as it sets the broad principles for the treatment of historic resources, but gives only very limited guidance or direction for rehabilitation of historic properties themselves. Home Rule Charter and the Code of the City of Fort Collins 1986 Chapter 14 Landmark Preservation This section of the code sets forth the following dec- laration of policy for Historic Preservation within the City: (a) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historical, architectural or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people. (b) It is the opinion of the city council that the economic, cultural and aesthetic standing of this City cannot be main- tained or enhanced by disregarding the historical, architec- tural and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets. It also identifies: › standards for determining eligibility, › designation procedures, › construction, alterations, demolitions and relocation procedures, and a › landmark rehabilitation program 12 See the following web site links for financial as- sistance programs that may be available for the rehabilitation of a historic resource: • History Colorado web site to assist in rehabilita- tion projects: http://www.historycolorado.org/archaeologists/ grants-financial-incentives • National Park Service web site for tax credit information to assist in rehabilitation projects: http://www.nps.gov/tps/tax-incentives.htm 10