HomeMy WebLinkAbout12/20/2018 - Planning And Zoning Board - Supplemental Documents - Regular MeetingITEM 7, ATTACHMENT 10
Supp. Doc. Pg. 1
ITEM 7, ATTACHMENT 10
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ITEM 8, ATTACHMENT 6
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ITEM 8, ATTACHMENT 6
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From: Marc Amy and Madison <viratafamily@gmail.com>
Sent: Sunday, December 16, 2018 9:42 PM
To: Kai Kleer <kkleer@fcgov.com>; Sylvia Tatman-Burruss <statman-burruss@fcgov.com>
Subject: Strauss Cabin Enclave Zoning support
Mr. Kleer and Ms. Tatman-Burruss,
We were provided written notice of the public hearing for the Strauss Cabin Enclave (ANX180008), living
within the notification area.
We understand the status of the enclave necessitating the annexation. Please allow this email to serve
as our support of the recommendation with the proposed zoning of Urban Estate.
We have lived in Observatory Village directly west of the proposal since 2007 and have been aware of
the City's Structure Plan since at least that time. As demonstrated in the link below, the Structure Plan
Map shows an Urban Estate designation for the subject properties under this proposal.
https://www.fcgov.com/planning/pdf/structure-plan.pdf
We appreciate the recommendation of Urban Estate zoning as it is consistent with our understanding
since 2007 based on this Structure Plan Map. The Urban Estate zoning continues the pattern of zoning
for Old Oak Estates and Sunrise Ridge 1st and 2nd Filing directly north of the proposal, also matching the
designation in the referenced Structure Plan Map.
Since we fully support the recommendation, we will not be attending the hearing. Thank you for the
notice and appreciate your analysis and recommendation for Urban Estate on the proposal.
Sincerely,
Amy and Marc Virata
3909 Observatory Drive
Fort Collins, CO 80528
ITEM 8, ATTACHMENT 7
Supp. Doc. Pg. 5
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 0
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 6
Sherry Albertson-Clark, Independent Planning
Consultant
Darryl Austin, Old Town Homeowner
Chris Aronson, Architect, Vaught Frye Larson Assoc.
Jennifer Carpenter, Realtor, P&Z Board
Representative
Brian Cooke, Visit Fort Collins ambassador, business
writer & editor, OTR Global, Owner of Landmarked
Home
David Dixon, Representative of Local History
Groups Brian Dunbar, Institute for the Built
Environment
Meg Dunn, LPC Representative, Owner of
Landmarked Home
Per Hogestad, Architect, Owner of Landmarked
Home
Lucia Liley, Attorney, or Janelle Kechter, Legal
Assistant
James MacDowell, Realtor, Owner of Landmarked
Income-Producing Property
Dr. Sarah Payne, CSU History Department
Anita Rehner, Old Town Homeowner
Matt Robenalt, Executive Director, DDA
Steve Schroyer, Director, Blue Ocean Real Estate
Michael Bello
Katie Dorn
Meg Dunn
Bud Frick
Per Hogestad
Kristin Gensmer
Kevin Murray
Mollie Simpson
Alexandra Wallace
Cassandra Bumgarner, Historic Preservation Planner
Maren Bzdek, Senior Historic Preservation Planner
Tom Leeson, Director, Community Development
and Neighborhood Services
Karen McWilliams, Historic Preservation Division
Manager
Brad Yatabe, Assistant City Attorney
Matt Goebel, Director
Lisa Steiner, Associate
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 7
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review i
Introduction ................................................................................................................................................ 7
Organizational Recommendations ................................................................................................................................. 7
A. Designation Process .............................................................................................................................. 8
Designation Process in Fort Collins ............................................................................................................................... 8
Process in Peer Cities ........................................................................................................................................................... 9
Conclusion and Recommendations ............................................................................................................................ 11
B. Designation Criteria .............................................................................................................................12
Designation Criteria in Fort Collins ............................................................................................................................. 12
Designation Criteria in Peer Cities ............................................................................................................................... 13
Conclusion & Recommendations ................................................................................................................................ 14
C. Owner Consent To Designation .........................................................................................................16
Owner Consent to Designation in Fort Collins ....................................................................................................... 16
Owner Consent to Designation in Peer Cities ........................................................................................................ 16
Conclusion & Recommendations ................................................................................................................................ 18
D. Alternative Types of Designation .....................................................................................................18
Alternative Types of Designation in Fort Collins ................................................................................................... 19
Alternative Types of Designation in Peer Cities ..................................................................................................... 19
Conclusion & Recommendations ................................................................................................................................ 20
E. Linking Zoning & Preservation ..........................................................................................................22
Zoning & Preservation in Fort Collins ........................................................................................................................ 22
Zoning & Preservation in Peer Cities ......................................................................................................................... 23
Conclusion & Recommendations ................................................................................................................................ 23
F. Commission Membership ...................................................................................................................25
Commission Membership in Fort Collins .................................................................................................................. 25
Commission Membership in Peer Cities ................................................................................................................... 25
Conclusion and Recommendations ............................................................................................................................ 26
G. Historic Surveys ...................................................................................................................................26
Historic Surveys in Fort Collins ..................................................................................................................................... 27
Historic Surveys in Peer Cities ....................................................................................................................................... 28
Conclusion & Recommendations ................................................................................................................................ 29
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 8
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review ii
Introduction ..............................................................................................................................................31
Organizational Recommendations .............................................................................................................................. 31
A. Design Review Generally ....................................................................................................................32
Design Review Generally in Fort Collins .................................................................................................................... 32
Design Review Generally in Peer Cities ..................................................................................................................... 32
Conclusion and Recommendations ............................................................................................................................ 35
A.1. Commission Review .........................................................................................................................35
Commission Review in Fort Collins ............................................................................................................................. 36
Conclusion and Recommendations ............................................................................................................................ 38
A.2. Administrative Review .....................................................................................................................39
Administrative Review in Fort Collins ......................................................................................................................... 40
Administrative Review in Peer Cities .......................................................................................................................... 40
Conclusion and Recommendations ............................................................................................................................ 42
B. Review Standards Generally ...............................................................................................................43
Review Standards Generally in Fort Collins ............................................................................................................. 43
Review Standards Generally in Peer Cities ............................................................................................................... 44
Conclusion and Recommendations ............................................................................................................................ 46
B.1. Review Standards for Demolition ..................................................................................................47
Review Standards for Demolition in Fort Collins ................................................................................................... 47
Review Standards for Demolition in Peer Cities .................................................................................................... 47
Conclusion and Recommendations ............................................................................................................................ 49
B.2. Review Standards for Compatible Infill ........................................................................................49
Review Standards for Compatible Infill in Fort Collins ........................................................................................ 49
Review Standards for Compatible Infill in Peer Cities ......................................................................................... 51
Conclusion and Recommendations ............................................................................................................................ 53
A. Development Review Process ............................................................................................................57
Overview of the Development Review Process and Historic Resources in Fort Collins ......................... 57
Similar Review Processes in Peer Cities ..................................................................................................................... 59
Discussion and Recommendations ............................................................................................................................ 63
B. Applicability of Review .......................................................................................................................65
Applicability of Review in Fort Collins ........................................................................................................................ 65
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 9
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review iii
Applicability of Review in Peer Cities ......................................................................................................................... 66
Discussion and Recommendations: Geographic Extent ..................................................................................... 67
Discussion and Recommendations: Review of Eligible Resources ................................................................ 70
C. Clarity and Organization .....................................................................................................................73
Clarity and Organization in Fort Collins .................................................................................................................... 73
Clarity and Organization in Peer Cities ...................................................................................................................... 74
Discussion and Recommendations ............................................................................................................................. 74
Introduction ..............................................................................................................................................77
Organizational Recommendations .............................................................................................................................. 77
A. Demolition/Alteration Review Process ............................................................................................78
Demolition/Alteration Review Process in Fort Collins ......................................................................................... 78
Similar Review Processes in Peer Cities ..................................................................................................................... 81
Discussion and Recommendations ............................................................................................................................. 85
B. Determinations of Eligibility ..............................................................................................................88
Determinations of Eligibility in Fort Collins ............................................................................................................. 88
Determinations of Eligibility in Peer Cities ............................................................................................................... 89
Discussion and Recommendations ............................................................................................................................. 91
C. Demolition By Neglect ........................................................................................................................92
Demolition by Neglect in Fort Collins ........................................................................................................................ 93
Demolition by Neglect in Peer Cities ......................................................................................................................... 93
Discussion and Recommendations ............................................................................................................................. 96
D. Public Safety Exclusions .....................................................................................................................98
Public Safety Exclusions in Fort Collins ...................................................................................................................... 98
Public Safety Exclusions in Peer Cities ....................................................................................................................... 99
Discussion and Recommendations ........................................................................................................................... 100
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 10
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 1
The City of Fort Collins has long been at the forefront of historic preservation in the state and the nation.
In 1968, the Landmark Preservation Commission was established and the city‘s first historic preservation
ordinance was adopted. Since that time, nearly 250 local landmarks have been designated as well as three
local historic districts. Many more properties in the city have also been designated at a state or national
level. Over the decades, Fort Collins has been successful at preserving historic resources through
designation and the review of alterations to historic properties. These designated properties help to
portray the long history and unique character of Fort Collins.
While the City of Fort Collins Historic Preservation Program is impressive in many respects, there are a few
areas for potential improvement that are highlighted in this report. These changes could help to improve
process efficiency, increase the clarity and user-friendliness of the ordinance, and better ensure
compatibility as the city continues to evolve and grow. This report analyzes various aspects of the existing
codes and processes and proposes improvements to an already strong, well-respected, and resilient
historic preservation program.
This document compiles a series of reports that examine the City of Fort Collins‘ historic preservation
codes and processes, which are located in the Municipal Code and the Land Use Code. A review of best
practices in peer cities statewide and nationwide was completed to compare the Fort Collins preservation
codes and processes to those in other cities.
The four sections of this report focus on the following topics:
Each section of this report briefly summarizes the current conditions of the Fort Collins codes and
processes related to the section topic, discusses the main issues associated with that topic, highlights
various approaches used throughout the county, and provides conclusions and recommendations for
improvements in Fort Collins.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 11
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 2
Prior to consolidation into this document, each report was reviewed by the Citizen Advisory Committee
(CAC), Landmark Preservation Commission (LPC), and City staff. The Citizen Advisory Committee is made
up of a variety of stakeholders including historians, architects, real estate developers, realtors, landmark
owners, homeowners, local history group members, and others. The feedback from the CAC and LPC on
each of the recommendations has been integrated throughout the consolidated report. Look for this
symbol throughout the report:
City staff is currently conducting a survey to obtain additional public input on the recommendations in
this summary report. The results of that survey will be attached to this report as an appendix prior to City
Council review of this report.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 12
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 3
The following table compares the basic characteristics of the cities we studied for this report. The peer
cities researched were determined based on similar characteristics to Fort Collins: a population size
between 90,000 and 300,000 people, the presence of a large university, a growing or stable population,
and a robust preservation program determined by number of historic districts and landmarks.
Fort Collins,
Colorado
164,000
33,000
Colorado State
University
Growing: 36%
248 landmarks, 3 historic
districts
Berkeley,
California
121,000
40,000
University of California,
Berkeley
Growing: 18%
281 landmarks, 4 historic
districts, and 39 structures
of merit
Boise, Idaho 223,000
22,000
Boise State University
Growing: 14%
30 landmarks, 9 historic
districts
Boulder,
Colorado
108,000
32,000
University of Colorado
Boulder
Growing: 14%
186 landmarks, 10 historic
districts, 75 structures of
merit
Cambridge,
Massachusetts
111,000
33,000
Harvard University &
Massachusetts Institute
of Technology
Growing/ stable:
9%
30 landmarks, 2 historic
districts, 4 conservation
districts, and 39 properties
with conservation
easements
Denton, Texas 134,000
53,000
University of North
Texas & Texas Woman’s
University
Growing: 60%
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 4
The following sections of this report review four topics in detail and provide conclusions and
recommendations for each topic based on peer city research. The recommendations are summarized
below:
Reevaluate interim control provision and potentially allow design review
applications during the designation process.
Consider the inclusion of additional criteria for decision-makers to use when
reviewing a nonconsensual designation.
Better integrate the criteria for designation with the decision-making process for
designation.
Consider including a criterion that qualifies properties listed or eligible for the
National or State Register for local landmark designation.
Consider additional types of designation such as conservation districts or structures
of merit.
Consider historic overlay zoning as a way to better integrate preservation and
zoning.
Provide searchable map of landmarks and districts for development review
applicants to check early on whether their property is landmarked.
Consider more specific requirements for commission membership.
Specify that one of the duties of the Landmark Preservation Commission is to direct
historic surveys to be completed and regularly updated.
Develop partnership with other organizations to develop a program for regularly
surveying historic properties.
Prioritize the completion of survey work and regular updating of existing surveys.
Rename the design review process as a ―certificate of appropriateness‖ process.
Develop a decision matrix to increase predictability of required review processes.
Make conceptual review an optional step.
Consider establishing a time limit for final review.
Consider more specific requirements for appellants.
Adopt guiding document that identifies specific types of work that can be
delegated to staff for review.
Establish mandatory approval criteria rather than ―considerations.‖
Add specificity to the ―standards of the City‖ reference in the criteria for approval.
Consider additional criteria for the approval of demolition.
Consider codifying general compatibility standards for new construction.
Clarify the role of the adopted design guidelines and standards.
Develop design guidelines for additional districts or general design guidelines.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 14
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 5
Clarify the purpose and intent of the historic resources component of the
Development Review process.
Clarify the procedural requirements to obtain a recommendation from the LPC.
Use new terminology, such as ―Historic Resource Compatibility Review,‖ instead
of ―Development Review.‖
Establish a consistent and predictable geographic limit for the review, such as a
Historic Resource Compatibility Review matrix.
Develop context-based standards that are not based on eligibility to ensure
compatibility in certain areas of the city.
Consider reviewing impact on eligible resources only if they are on-site or
abutting a development project.
Focus on survey work to develop an inventory of eligible historic resources.
Redraft Section 3.4.7 for clarity and to improve the organization, clarifying the
purpose, applicability, and standards of the process.
Clarify the role of the Design Review Subcommittee.
Consider using a decision matrix to more clearly differentiate between minor
and major alterations.
Reevaluate the criteria for approval and potentially add an economic hardship
determination.
Consider increasing the amount of time that the LPC can delay a decision in
order to find alternatives to demolition.
Focus on completing survey work to proactively identify eligible resources.
Create an inventory of eligible historic resources.
Reconsider the five-year period of validity. Consider a process for property
owners to obtain a certificate of ineligibility with a five year limit on validity.
Specify the types of repairs that are required to prevent demolition by
neglect.
Increase penalties for properties undergoing demolition by neglect.
If an inventory of eligible resources is created, extend maintenance
requirements to eligible structures on the inventory.
Incorporate preservation-related requirements in the general property
maintenance standards.
Develop financial incentives to assist with required property maintenance.
Clarify the requirement to fix dangerous conditions when deemed repairable
by the building official.
Review relevant building code definitions.
Improve coordination between the LPC/preservation staff and the building
official in regards to dangerous buildings.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 15
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 6
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 16
Introduction | Background
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 7
This section of the report includes a review of the City of Fort Collins‘ codes and processes for landmark
designation, including nonconsensual designation. The codes reviewed for this section include Chapter 2,
Article III and Chapter 14, Articles I and II of the Municipal Code. This section assesses the program area‘s
current conditions and provides recommendations for proposed improvements.
First, we identified some organizational issues with Articles I and II of Chapter 14 that could be improved
and increase the user-friendliness of the document. Overall, subheaders for various topics would be much
more helpful than long, undivided paragraphs, and content should be organized to align with the process.
For example, Section 14-21 is a very long paragraph that could be made much easier to read by dividing it
into subsections with subheaders, multi-level lists, and nested information. Simple organizational
restructuring would greatly help to clarify the ordinance.
CAC: Supports organizational restructuring of codes. Add more explanations for clarity.
LPC: Supports organizational restructuring of code. Also include graphics.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 17
A. Designation Process | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 8
Preservation ordinances must set forth a procedure for the designation of landmarks and historic districts.
Designation is the primary mechanism through which local properties are protected. The designation of a
property often has significant implications for that property. The ordinance must ensure that an owner of
a property proposed for historic designation is given notice of the proposed designation and an
opportunity for a hearing. Communities should ensure that written findings of fact are prepared at the
time of the designation decision. A summary of the evidence presented, a recitation of standards applied,
and a brief statement of the reasons why the commission took the action it did is sufficient.
The landmark designation process is established in Article II, Chapter 14 of the Fort Collins Municipal
Code. Since 1971, Fort Collins has designated 248 landmarks and three landmark districts covering 79
properties: Old Town, Sheely Drive, and Whitcomb Street. The process follows the steps described below.
The designation of a landmark or a landmark district
may be initiated by the Landmark Preservation
Commission (LPC), the property owner, or any three or
more residents of the City. The LPC then determines
whether the property or district meets the criteria of a
landmark or a landmark district. If it does, then the LPC
directs staff to investigate the ―benefits‖ of designation.
Notification of the owner is required if the applicant is
not the property owner. Nonconsensual designation is
permitted, provided either the LPC or at least three
residents initiate the designation.
Interim Control: Once the LPC directs staff to
investigate the ―benefits‖ of designation, no building
permits can be issued for the construction, alteration,
or demolition of the property under consideration. This
delay in issuing a building permit is limited to 180 days.
(However, the City Council can authorize construction, alterations, or demolition if necessary for public
health, welfare, or safety.)
Consensual Designation: If the owner consents to designation, the LPC may adopt a resolution
recommending designation of a landmark or a landmark district without requiring additional staff review,
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 18
A. Designation Process | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 9
notice, or a hearing. In this case, step three below does not apply and the resolution is forwarded directly
to the City Council for consideration.
Nonconsensual Designation: In this case, a public hearing is held before the LPC to determine whether to
proceed with the designation process without the consent of the property owners. The LPC may adopt a
resolution indicating the property‘s eligibility for designation and schedule a third public hearing (step
three below). Properties are evaluated based on the standards for determining eligibility in Section 14-5. If
the property is already listed on the State or National Register, the LPC may adopt a resolution to forward
the designation directly to the City Council with a recommendation to designate the property without
requiring a third public hearing. If the LPC does not adopt either of the two resolution options, the
designation process ends.
Notice: Thirty days before the hearing, notice is sent to all the owners of property proposed for
designation and to the Director. Fifteen days before the public hearing, signs are posted and legal notice
is published in the newspaper.
Hearing for Nonconsensual Designations: A third public hearing may be held for nonconsensual
designations within 35 days of the second hearing. The LPC can modify the designation proposal but
cannot extend the boundaries of the land without re-noticing and re-hearing the designation.
The City Council then considers the designation within 75 days. If the City Council does not approve the
designation, any pending applications for alteration or demolition are exempt from the
demolition/alteration review process. If approved by the City Council, the property or district becomes a
landmark or landmark district.
The designation processes in the peer cities we studied are generally similar to the process in Fort Collins.
A designation is typically first taken to a public hearing of the preservation commission, then a
recommendation is sent to the City Council, which makes the decision on designation. Some cities, like
Gainesville, Lincoln, Norman, and Syracuse hold an additional public hearing at the Planning Commission
and forward the recommendation of the Planning Commission to the City Council as well.1
Several cities establish maximum time limits for the various steps of the process. For example:
Berkeley requires a public hearing within 70 days of receiving a complete application.
Boulder requires a designation hearing between 60 to 120 days after an application is submitted
or an initiation resolution, then a public hearing at the City Council within 100 days of the
Landmarks Board decision, and then written findings and conclusions within 45 days of that
hearing date.
1 Gainesville 30-112(d)(3); Lincoln 2-27-120; Norman 22.429.3(6); Syracuse VII-5-C
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 19
A. Designation Process | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 10
Eugene requires a public hearing within 60 days of receiving a complete application.
Gainesville requires the preservation commission to review the nomination and prepare a
recommendation within 90 days of the nomination hearing.
Lincoln requires a public hearing within 90 days of receiving a complete application.
Santa Barbara requires their landmarks commission to hold a public hearing within 35 days of
their resolution of intention to designate.2
Of the cities we studied, the city process with the most public input requirements in their ordinance was
Boulder‘s process for the designation of historic districts. First, a public meeting must be held prior to the
public hearing. Design guidelines for the district must also be developed and there must be opportunity
for public comment on the guidelines prior to the public hearing. Additionally, a public questionnaire and
copy of draft design guidelines are required to be sent out to all property owners in the district prior to
the public hearing.3
Only a few of the cities we studied explicitly restrict any building permit issuance to properties during the
designation process, like Fort Collins‘ interim control provisions. One example, Norman, does not permit
any alterations while a designation is pending and does not set a time limit for designations.4
Of the cities that address this issue, most allow applications for alterations during the designation process
but place a time limit on the overall designation process. For instance, Boulder does not allow any permits
to construct, alter, remove, or demolish any feature of a proposed landmark or in a proposed district
without a landmark alteration certificate, as shown in the excerpt below. However, Boulder sets a 365-day
overall time limit for the designation process.
9-11-11. Construction on Proposed Landmark Sites or in Proposed Districts.
No permit shall be issued to construct, alter, remove or demolish any structure or other feature on a proposed
landmark site or in a proposed historic district after an application has been filed by an owner or after the
landmarks board or city council has approved a resolution initiating the designation of such landmark site or area
under section 9-11-3, "Initiation of Designation for Individual Landmarks and Historic Districts," B.R.C. 1981. No
such permit application filed after such date shall be approved by the city manager while proceedings are pending
on such designation unless the applicant obtains an alteration certificate pursuant to sections 9-11-13, "Landmark
Alteration Certificate Application," 9-11-14, "Staff Review of Application for Landmark Alteration Certificate," 9-11-
15, "Landmark Alteration Certificate Hearing," 9-11-16, "Call-Up by City Council," 9-11-17, "Issuance of Landmark
Alteration Certificate," and 9-11-18, "Standards for Landmark Alteration Certificate Applications," B.R.C. 1981. If
three hundred and sixty-five days have elapsed from the date of the initiation of the designation and final city
council action has not been completed, the manager shall approve the permit application.
2 Santa Barbara 22.22.050; Gainesville 30-112(d)(3); Lincoln 2-27-120; Berkeley 3.24.130; Eugene 9.7305; Boulder 9-11-3
3 Boulder 9-11-4
4 Norman 22.429.3(6)(j)
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 20
A. Designation Process | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 11
Similarly, Berkeley allows permit applications for properties on initiated landmark sites or in initiated
historic districts, but they must follow the same permit application process as a designated landmark or
district. Berkeley requires designations to be approved, disapproved, or modified within 180 days of the
commission‘s public hearing. In Santa Barbara, alterations to sites recommended for designation are not
permitted except pursuant to the typical alteration review process for designated landmarks. Resolutions
of designation must be adopted by the City Council within 90 days.5
There are several good aspects of the current designation process in
Fort Collins compared to the other cities we studied. The opportunity
for a streamlined designation process in Fort Collins (without
additional staff review, notice, or a hearing) for properties where the
owner consents to designation is more flexible than most cities and
allows for a potentially quicker process. Also, some cities require an
additional public hearing before the city‘s planning commission, but
Fort Collins does not, making the process faster.
While several other cities restrict permit issuance during the designation process with similar time limits as
Fort Collins‘ 180-day delay, Fort Collins‘ interim control provision (Section 14-30) is more explicitly
restrictive as it does not provide an owner the option to apply for a permit review during that time. Fort
Collins should consider allowing properties being studied for designation to apply for design review for
alterations, rather than simply having to wait out the 180-day holding period.
There are benefits and downsides to this potential change. This would be a more flexible approach,
particularly for property owners with nonconsensual designations in process, as it would allow proposed
alterations to be reviewed without waiting for the designation to be complete. It could allow relatively
minor changes to be made without delaying a project by up to six months. However, it may prove difficult
to review changes to a property without having a designation study to review those changes against. The
existing criteria for design review, particularly in regard to historical or architectural character, may be
more difficult to apply to this type of situation. Ideally, the initiation of the designation would identify the
most character-defining features of the property and therefore assist in a review of any changes.
CAC: Supports. LPC should be able to approve alterations if appropriate during the interim
control period.
LPC: Supports. Agrees with Clarion and CAC. Work needs LPC approval.
5 Berkeley 3.24.150; Santa Barbara 22.080
Recommendation
Reevaluate interim control
provision and potentially
allow design review
applications during the
designation process.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 21
B. Designation Criteria | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 12
The goal of a comprehensive preservation program should be to consider, recognize, and protect the full
range of resources that represent the community‘s history. Clear criteria for local historic designation are a
crucial aspect of a successful preservation ordinance. Recognizing that there are a variety of reasons for
designation (aesthetic, historic, social, cultural, or economic, and others), communities typically have great
latitude in deciding what resources should be designated. An effective preservation ordinance must do
more than just state that the preservation commission can designate structures of, for instance, ―historical
merit.‖ The ordinance should give meaning to such key terms.
In the Fort Collins ordinance, the criteria for local designation are not listed in Article II with the
procedures for designation. One of the first steps in initiating designation is for the LPC is to determine
whether a ―site, structure, object or district meets the criteria of a landmark or landmark district,‖ but the
criteria are not specifically listed or even cross-referenced. In Section 14-1: Definitions, ―landmark or
landmark district‖ is defined by nine listed factors that appear similar to designation criteria:
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
(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.
However, in reviewing the city‘s designation studies, it appears that the studies evaluate significance
based on the standards for determining eligibility in Section 14-5 (shown below). Yet no reference to
Section 14-5 is made in the designation procedures. (Note that the determination of eligibility process,
review of integrity, and treatment of contributing properties are reviewed in more detail in the Topic D
section of this report.) Sections 14-1 and 14-5 address similar concepts in regards to the significance of
landmarks and landmark districts but differ slightly, making it unclear which would be the correct criteria
to use.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 22
B. Designation Criteria | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 13
(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 (2) 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 uses over a period of time. Examples are residential buildings which represent the
socioeconomic 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.
The criteria for local designation are fairly similar in all of the peer cities we studied. While terminology
varies, generally most cities reference distinctive architectural styles, work of master builders or architects,
locations of significant events, association with significant people, and similar features as criteria for
designation.
Some cities, like Eugene, refer to the National Register Criteria for Evaluation, while others have crafted
detailed criteria based on many different facets of significance. Eugene also includes additional criteria,
based on National Register guidance, for properties with special circumstances, such as properties that
have been moved or are less than 50 years old. Several peer cities including Denton, Provo, and Berkeley
list National Register listing or eligibility as its own separate criterion for designation.6
Another variable between the various peer cities is the number of criteria required to be met in order to
be designated. Both Provo and Gainesville require properties to meet more than one of their criteria.7
Boise is a representative example of typical designation criteria:
6 Eugene 9.8165; Berkeley 3.24.110; Provo 16.05.020; Denton 35.254
7 Provo 16.05.020; Gainesville 30-112(d)(3)
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 23
B. Designation Criteria | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 14
11-05-09(6)(A). Criteria for Designation
The buildings, sites, structures and objects of an historic district shall meet one of the following 3 criteria:
(1) Historical or Cultural Importance
(a) Has significant character, interest or value, as part of the development, heritage or cultural characteristics
of the city, state or nation; or is associated with the life of a person significant in the past; or
(b) Is the site of an historic event with a significant effect upon society; or
(c) Exemplifies the cultural, political, economic, social, educational or historic heritage of the community; or
(d) By being part of or related to a street, square, park or other distinctive area, should be developed or
preserved according to a plan based on historic, cultural or architectural motif; or
(e) Owing to its unique location or singular physical characteristic, represents an established and familiar
visual feature of the neighborhood, community or city; or
(2) Architectural Importance
(a) Portrays the environment in an era of history characterized by a distinctive architectural style; or
(b) Embodies those distinguishing characteristics of an architectural-type or engineering specimen; or
(c) Is the work of a designer, architect or craftsman whose individual work has significantly influenced the
development of the city, state or nation; or
(d) Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or
(3) Archeological Importance
(a) Has yielded or may be likely to yield, information important in pre-history or history.
(b) Contains or is likely to contain physical remains, such as fossils, relics, monuments, art or symbols, of past
human life and activities.
Some designation criteria are vague and often up to interpretation. One example of vague language is
found in Boulder‘s ordinance, which, instead of listing criteria for designation, simply states that the city
council is authorized to designate properties ―having a special character and historical, architectural or
aesthetic interest or value.‖ 8 To assist in the interpretation of this vague provision, Boulder adopted a
separate ordinance in 1975 with significance criteria to use when evaluating applications for landmarks
and historic districts. A detriment of this practice is that this separate document is not referenced in the
code and thus is not very transparent for the general public.
Many peer cities have similar designation criteria, though they vary
widely in specificity and language. Fort Collins‘ criteria are less vague
than several of the other cities we studied. However, because the Fort
Collins ordinance does not clearly list the criteria for designation with
the overall procedures for designation (Chapter 14, Article II), it is not
clear that the standards for the determination of eligibility in Section
14-5 should be used rather than the factors listed in the definition of
8 Boulder 9-11-2
Recommendation
Better integrate the criteria
for designation with the
decision-making process for
designation.
Consider including a
criterion that qualifies
properties listed or eligible
for the National or State
Register for local landmark
designation.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 24
B. Designation Criteria | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 15
―landmark or landmark district‖ in Section 14-1. We recommend relocating and better integrating the
criteria for designation with the explanation of the process for decision-making. While the content of the
standards for eligibility are typical of many communities we studied and likely not in need of major
changes, organizational improvements would more clearly tie the determination of eligibility standards to
the designation process.
CAC: Agrees.
LPC: Agrees. Relocate and better integrate the criteria for designation with the explanation of the
process for decision-making.
An additional item to consider is the inclusion of a specific criterion qualifying properties listed or eligible
for the National or State Register for local landmark designation. This may help simplify the local
designation of these properties, where the National Register criteria may not perfectly mirror the local
criteria. Also, it should be noted that the inclusion of ―Officially designated as a state or national landmark
or landmark district‖ in the definition of ―landmark or landmark district‖ in Section 14-1 may cause
confusion about the applicability of the provisions in the ordinance.
CAC: Majority not in favor; if implemented, could result in treating some properties differently
than others; if retroactive, should require appropriate public process.
LPC: Does not support. Concern that this borders on a non-consensual designation.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 25
C. Owner Consent To Designation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 16
Around the country, some preservation ordinances allow property owners to object to historic
designation, potentially exempting those properties from the community‘s preservation program. Most
owner consent provisions take one of three basic approaches:
The first is to give owners an absolute veto over designation if they file a written objection, putting
the onus on the property owner to clearly object to designation;
Another approach is to prohibit designation without the affirmative, express consent of a historic
property owner or a majority of owners in a proposed district, requiring all designations to obtain
consent from the property owner; and
A third variety requires a supermajority vote of the governing body for designation if an owner or
majority of owners object; these are often called ―owner objection‖ or ―protest‖ provisions.
Practical experience around the country shows that it is difficult to craft an effective historic preservation
program if owner consent is required. Inevitably, the city will lose significant structures or deleterious
alterations will be made. The challenge is to balance preservation goals and the needs of the community
as a whole with the need to bring property owners into the preservation process in a positive manner. The
majority of preservation ordinances around the country allow nonconsensual designation.
Some concerns about nonconsensual designation emerge in circumstances where designations are
initiated without an owner‘s consent that may be considered by some to be frivolous or unrelated to
historic preservation. For these situations, it can be useful to build in some heightened level of control in
the ordinance or the process that helps to evaluate the motivations and merits of a nonconsensual
designation and balance community interests against those of individual property owners.
As noted previously, Fort Collins does not require owner consent for designation by the City Council. The
LPC, or a group of at least three residents, may initiate designation. The ordinance was amended in 2014
to require at least three residents (previously only one resident was required) to submit a designation
application. The process for nonconsensual designation requires two additional LPC hearings and
additional staff review, as discussed in the ―designation process‖ section of this report. Nonconsensual
designation also requires a supermajority affirmative vote of six LPC members.
Communities similar to Fort Collins have incorporated a variety of owner consent provisions into their
ordinances. Some, like Madison and Santa Barbara, simply allow any person to apply for a designation.
Others, like Fort Collins, require a certain number of people to apply for a designation without the consent
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 26
C. Owner Consent To Designation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 17
of the property owners; this number ranges widely from 10 residents in Cambridge to 50 residents in
Berkeley.9
In the case of historic districts, a more common practice is to require a specific percentage of owners to
consent to designation. In Boulder, 25 percent of owners in a proposed historic district must consent to
designation. Berkeley requires the application to be ―subscribed by or on behalf of a majority‖ of owners
or residents in the proposed district.10 Lincoln‘s ordinance states that no district can be designated if
written protests are received by 51% or more of the property owners within the district.
Another approach is to include additional criteria that the decision makers should use when considering
whether the move forward with a nonconsensual designation, as Boulder does. An example of this
approach used in Boulder is shown in the excerpt below. Similar to Fort Collins, Boulder holds an
additional public hearing for designation applications that are made by preservation organizations or
designations for districts without the required number of consenting owners.
9-11-3. Initiation of Designation for Individual Landmarks and Historic Districts.
(d) Criteria for Review: In determining whether to initiate the designation of an application that is made by a
historic preservation organization or less than all of the property owners pursuant to paragraph (a)(3) or (a)(4)
of this section, the council or the landmarks board may consider, without limitation, whether:
(1) There is probable cause to believe that the building or district may be eligible for designation as an
individual landmark or historic district consistent with the purposes and standards in sections 9-11-1,
"Legislative Intent," 9-11-2, "City Council May Designate or Amend Landmarks and Historic Districts," and
9-16-1, "General Definitions," B.R.C. 1981;
(2) There are currently resources available that would allow the city manager to complete all of the
community outreach and historic analysis necessary for the application;
(3) There is community and neighborhood support for the proposed designation;
(4) The buildings or features may need the protections provided through designation;
(5) The potential boundaries for the proposed district are appropriate;
(6) In balance, the proposed designation is consistent with the goals and policies of the Boulder Valley
Comprehensive Plan; or
(7) The proposed designation would generally be in the public interest.
Other peer cities require a higher threshold for approval of nonconsensual designations. For instance,
Gainesville requires a 6/7 vote of their city commission or a 6/9 vote of their historic preservation board to
approve a nomination of an individual landmark without the owner‘s consent, rather than the typical
majority vote requirement. Lincoln requires that 2/3 of councilmembers approve a petition for designation
of a landmark rather than a majority vote.11
Some cities influence designation applications by people other than property owners by having an
increased fee. None of the peer cities we studied take this approach, but it is worth noting an example
9 Madison 41.07; Santa Barbara 22.22.050; Cambridge 2.78.180(D); Berkeley 3.24.120
10 Boulder: 9-11-3; Berkeley 3.24.120; Lincoln 27.57.120
11 Gainesville 30-112(d)(3); Lincoln 27.57.120
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 27
C. Owner Consent To Designation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 18
from Denver for comparison. In Denver, an owner-initiated designation has an application fee of $250,
while an application by someone other than the applicant is $875. Although we did not find the
designation application fees for each of the cities we studied, those we found had a range of designation
application fees, ranging from $25 in Boulder to $100 in Berkeley.
Fort Collins‘ owner consent provisions are comparable to similar
communities and likely does not require major overhaul. The two
extra public hearings required by Fort Collins allow for greater
consideration of the merits of continuing with a designation study
without an owner‘s consent than programs in some of the other cities.
The requirement of three residents to initiate a designation is
sufficient and we do not believe there is quantifiable value in
increasing the number of residents required to initiate a nonconsensual designation. Additionally, while it
may be reasonable to charge a fee to recoup costs of designation studies, we do not see this as a
necessary or ideal tool to dissuade frivolous designations. A thoughtful process with opportunity for
public input and proper consideration by the decision-makers, rather than the fee or the number of
applicants, should determine whether designations move forward without the consent of an owner.
We do recommend considering the inclusion of additional criteria for decision-makers to use when
reviewing a nonconsensual designation. This would guide decision-makers to weigh a variety of factors,
such as comprehensive plan support and the likelihood of ultimately designating the property before
entering into what is likely a contentious process. Without criteria, decisions may be more subjective and
may be unduly influenced by controversy or other political reasons. Another option is to simply require a
supermajority vote to move forward with an initiated designation when an owner does not consent. This
creates a higher bar for nonconsensual designations, which would potentially limit the number of
designations that move forward without an owner‘s consent.
CAC: Review length of process; look for process improvements that would fulfill goals while
simplifying the process:
> Spell out in the code the steps taken to investigate a property‘s eligibility for
designation. [Ch. 14-21]
> Clarify what the phrase ―benefits to the City‖ means [Ch. 14-21].
> Add sustainability as a benefit.
> Signatures of three residents on application initiating consideration of non-consensual
designation is appropriate number; do not change.
> No fee should be charged.
> Application does not designate a property; it brings to attention of the LPC and
Council.
LPC: Agrees with CAC on all the above.
Recommendation
Consider the inclusion of
additional criteria for
decision-makers to use
when reviewing a
nonconsensual designation.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 28
D. Alternative Types of Designation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 19
Around the country, different types of designation are sometimes used to tailor review processes to the
resource‘s level of significance. Historic preservation programs should reserve the strictest levels of review
for the most valuable resources and provide flexibility for other less significant resources where changes
may have a smaller impact. The term ―landmark‖ is often reserved for the most important properties that
receive the highest level of protection. Many cities throughout the country also have a ―structure of merit‖
level of designation that recognizes a property‘s significance that does not rise to the level of landmark
status, and is often more honorific than regulatory. Structures of merit must meet specific criteria to
recognize their significance and the community maintains a record of these properties. Some, but not all,
communities require review of alterations to structures of merit.
Additionally, many communities around the country have adopted conservation districts. These are areas
where there is a particular style or character that is intended to be preserved, but where formal
designation is not desired or appropriate for a variety of reasons. Sometimes called ―historic district light,‖
these are alternative ways to protect areas with cohesive characteristics. The designation of a conservation
district often mirrors that for historic districts, and modifications to properties are reviewed according to
design guidelines, though typically with a more streamlined process. Conservation districts are more
typically owner-initiated and enforced by the neighborhood itself. For these reasons, conservation districts
are often more efficient, require less staff resources, and can overall be easier for a city to administer.
Fort Collins does not currently recognize different levels or types of designation such as structures of
merit or conservation districts. There are simply individual landmarks and landmark districts. The
―determination of eligibility‖ process does result in some recognition of potential historic status.
Properties are determined eligible for designation for a period of five years, resulting in required
demolition/alteration review processes. (The determination of eligibility process is reviewed in more detail
in the Topic D section of this report.)
Several of the cities we studied included structures of merit or similar alternative types of designation.
Boulder, Berkeley, and Santa Barbara all have three types of designation: landmarks, districts, and
structures of merit. The intent of the structure of merit program in Boulder is simply to ―recognize and
encourage the protection, enhancement and use of such structures‖ and the designation does not
―impose any additional regulations or controls‖ on the properties. We learned from a conversation with
City of Boulder staff that when the structure of merit program was established in the 1980s, the
designation required demolition review for structures of merit that were under 50 years old. However, this
requirement was removed in the early 1990s and the structure of merit designation is now purely
honorary, with no additional review or maintenance requirements.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 29
D. Alternative Types of Designation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 20
Berkeley and Santa Barbara, on the other hand, require the review of alterations to structures of merit.
Provo has a ―historic site‖ designation which functions similarly to a structure of merit designation in other
cities, but specifically requires documentation of a property prior to demolition.12 The following example
from Berkeley shows criteria used for designation of structures of merit:
3.24.110 Landmarks, historic districts and structures of merit--Designation--Criteria for consideration.
B. Structures of merit. Criteria which the commission shall use when considering a structure for structure of merit
designation are as follows:
1. General criteria shall be architectural merit and/or cultural, educational, or historic interest or value. If
upon assessment of a structure, the commission finds that the structure does not currently meet the
criteria as set out for a landmark, but it is worthy of preservation as part of a neighborhood, a block or a
street frontage, or as part of a group of buildings which includes landmarks, that structure may be
designated a structure of merit.
2. Specific criteria include, but are not limited to one or more of the following:
a. The age of the structure is contemporary with (1) a designated landmark within its neighborhood,
block, street frontage, or group of buildings, or (2) an historic period or event of significance to the
City, or to the structure‘s neighborhood, block, street frontage, or group of buildings.
b. The structure is compatible in size, scale, style, materials or design with a designated landmark
structure within its neighborhood, block, street frontage, or group of buildings.
c. The structure is a good example of architectural design.
d. The structure has historical significance to the City and/or to the structure‘s neighborhood, block,
street frontage, or group of buildings.
Although Fort Collins has a strong landmark designation program,
with nearly 250 landmarks designated (far more than many of the
peer cities), Fort Collins could consider additional alternative types of
designation such as conservation districts or structures of merit. There
may be areas of the city that are well suited to a conservation district
or properties that do not rise to the level of landmark designation but
would be good candidates for a structure of merit designation.
Particularly when considering the relatively few historic districts that have been designated in Fort Collins
(in comparison to some of the peer cities), these alternative types of designation may be a better option
for some parts of the city. A structure of merit or conservation district program with a streamlined or
simplified review process may assist in the review of less significant resources that are worth preserving in
a more flexible manner than typical landmark or district designation.
12 Boulder 9-11-21; Berkeley 3.24; Santa Barbara 22.22.085; Provo 16.04.040
Recommendation
Consider additional types of
designation such as
conservation districts or
structures of merit.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 30
D. Alternative Types of Designation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 21
In creating additional levels of designation, it is important to be realistic about the administrative capacity
of the department in handling the designation and ongoing administration of these alternatively
designated properties. Even purely honorific programs will require some staff resources to administer.
Identifying these properties would also likely need to be based upon area-wide surveys, so there may be
additional surveying work that needs to be done first. However, the potential for greater administrative
efficiency of these alternative types of designations may prove to ultimately create less of an
administrative burden than typical designation.
CAC: Investigate conservation districts further. Also consider if there should be separate
processes for commercial vs. residential properties; for single property designation vs. district
designation.
LPC: Structures of Merit-type program would add significantly to staff workload and impact
financial programs with minimal benefit. Focus on Overlay Zoning as a better tool.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 31
E. Linking Zoning & Preservation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 22
Many local governments integrate their historic preservation regulations into their local zoning ordinance.
This can help to better link zoning and preservation together through the development review process
and emphasize the need for consideration of preservation issues alongside other zoning and land use
related issues.
The most common approach used to link zoning and preservation is to create historic preservation
overlay zones. Overlay zoning is a tool that layers an additional set of regulations on top of the
regulations that apply in the underlying zoning district, when special conditions are present. Overlay
districts often are used to regulate special use areas or to protect sensitive environmental resources.
Overlay zoning also can be used to provide special protection and regulation for historic resources, either
individually or in historic districts. Historic overlay districts typically provide for special review of
modifications to designated historical resources, yet the underlying densities and dimensional
requirements and use restrictions typically continue to apply.
One of the principal advantages of using overlay zoning to protect historic resources can be a
strengthened linkage between preservation and other community land use objectives, since the
preservation efforts become more closely integrated into the overall development review process. This is
an especially helpful approach where the preservation ordinance is administered by the same personnel
as other development review functions. When historic preservation is included in the list of zoning
districts, this puts the applicant on notice that special provisions apply (similar to a floodplain overlay
district).
Though overlay zoning typically adds an additional layer of protection for historic resources, it is also an
opportunity to provide special accommodations and special forms of zoning relief that may provide
additional preservation incentives to owners of these resources.
In Fort Collins, the landmark preservation regulations are currently part of the Municipal Code, a separate
document from the Land Use Code. Though zoning and preservation are fairly integrated in practice, the
development review process is guided by the two separate sets of regulations and a property owner or
development applicant must become familiar with each. The city does not use a historic overlay district to
regulate historic properties. In fact, the city has only one overlay district, the Transit-Oriented
Development (TOD) Overlay District. When landmarked, properties retain their existing zoning
classifications. The Land Use Code does address some preservation issues in Section 3.4.7: Historic and
Cultural Resources, which are analyzed in detail in the Topic C section of the report regarding
Development Review.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 32
E. Linking Zoning & Preservation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 23
Several of the peer cities we studied incorporate preservation into their zoning ordinances by using
historic overlay districts, including Boise, Norman, and Eugene.13 The following information from the City
of Eugene‘s website helps to explain how the historic overlay works and the benefits of this tool:14
The S-H Historic Zoning designation is used selectively to help ensure the conservation of historic properties in
Eugene. The S-H Historic overlay designation allows greater flexibility with allowable uses and development
standards for the property, with a goal of finding a use that is compatible with the historic character of the
property that will help ensure its continued productive use.
An example of this is a professional office in a historic house in a residential district where such an office would not
normally be permitted. Before a property can receive the S-H Historic zoning designation it must first be
designated as a city landmark or be listed in the National Register of Historic Places.
While Fort Collins‘ historic preservation program is already fairly
intertwined with the development review process in practice, the City
may want to consider better linking preservation regulations with
zoning regulations. One important tool could be the use of historic
overlay zoning. This could facilitate some new incentives, such as
zoning flexibility, for designated properties. Additionally, it would
make the designation status of a property clear from the outset of
any development inquiry. Typically, this type of overlay zoning
district could be applied to all currently landmarked properties or
properties within a historic district. However, it can also become a
mechanism that is used as an alternative form of designation, as
discussed in the subsection above.
CAC: Investigate. Provides more flexibility while providing options for maintaining character.
Creates predictability. Would like more information.
LPC: Interesting idea. Investigate further. Preserves overall character with less regulation. Would
like Clarion to study.
13 Boise 11-05-09; Norman 22.429.3(6); Eugene 9.8165
14 City of Eugene, ―Historic Designation‖
Recommendations
Consider historic overlay
zoning as a way to better
integrate preservation and
zoning.
Provide searchable map of
landmarks and districts for
development review
applicants to check early on
whether their property is
landmarked.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 33
E. Linking Zoning & Preservation | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 24
Even if historic overlay districts are not utilized, we recommend Fort Collins provide a searchable map of
landmarks and historic districts on the development review website for people to check whether their
property is landmarked. While there is a list of landmarks and PDF maps of the districts available on the
website, no overall searchable map is currently available. Many peer cities we researched included this
type of a mapping tool on their websites. Integrating this with the existing zoning map on the ―FCMaps‖
site would be very valuable.
CAC: Supports. Strongly noted need for additional survey and staff.
LPC: Supports. Need for additional survey and staff.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 34
F. Commission Membership | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 25
The membership of the Landmark Preservation Commission is an important aspect of the designation
process and the overall preservation program. Each jurisdiction should consider whether to require
professional qualifications for some, or all, members of the review body. Qualifications are important from
both a legal and a practical standpoint and different communities use different approaches. Some
communities require that a few or all members be trained in history, architecture, archaeology, or a
related field, in order to ensure that preservation decisions benefit from professional expertise. Other
communities require no such qualifications and simply ask that members express an interest in
preservation in order to serve.
There are merits to both approaches. A broad-based membership can protect the ordinance and its
administration from a claim of arbitrariness and can help distinguish preservation restrictions from other
aesthetic controls that are sometimes invalidated by courts. On the other hand, some observers argue
that the overall quality of preservation and design review in the community suffers if commission
members do not have solid credentials and the experience necessary to carry out their responsibilities.
There is value in having an overall mix of backgrounds on a preservation commission, while also requiring
a certain number of the commissioners to meet certain criteria.
The Fort Collins Landmark Preservation Commission consists of nine members that are appointed by the
City Council. Four of the commissioners must be ―professionals in preservation-related disciplines.‖ A list
of examples of these disciplines is provided, such as architecture, architectural history, archaeology,
history, urban planning, or cultural anthropology. The ordinance also notes that the City Council must
―give due consideration to maintaining a balance of interests and skills in the composition of the
Commission and to the individual qualifications of the candidates‖ when making appointments. The
balance of commissioners need not meet any specific requirements per the ordinance.
Like Fort Collins, most communities we studied have specific requirements for the members of their
preservation commissions. However, these requirements can range from very general to very specific. For
example, Boulder merely requires members to be ―architectural or urban planning professionals,‖ and
Boise requires only that appointments are made ―with due regard to the proper representation of such
fields as history, architecture, urban planning, archeology and law.‖ Many cities note something similar to
Eugene, that members should have ―demonstrable interest, competence, or knowledge of historic
preservation.‖15
Some cities have more specific requirements, such as professional architectural historians, certified public
accountants, licensed real estate professionals, certified architects, or certified landscape architects. Some
cities, like Madison (shown below) require that at least two of the commissioners meet the Professional
15 Boulder 2-3-7; Boise 11-05-09(2); Eugene 2.355
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 35
F. Commission Membership | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 26
Qualifications Standards established by the United States Secretary of the Interior for History, Archeology,
Architectural History, Architecture, or Historic Architecture. A few cities such as Cambridge and Syracuse
specify that members are chosen from nominations from various associations, like a historical association,
the American Institute of Architects, or a real estate board. One outlier in our research was Berkeley, which
does not list specific requirements or interests for commissioners, but simply has each individual
councilmember appoint their own representative.16
33.19. Landmarks Commission.
(1) Composition and Terms. A Landmarks Commission is hereby created, consisting of seven (7) members. One (1)
shall be a historian; at least one (1) shall be a licensed architect, one (1) shall be a licensed real estate
professional; one (1) shall be an Alder; and three (3) shall be resident members, at least one of whom has
expertise in construction. Each member shall have, to the highest extent practicable, a known interest in historic
preservation. Of the membership, at least two (2) shall meet the Professional Qualifications Standards
established by the United States Secretary of the Interior for History, Archeology, Architectural History,
Architecture, or Historic Architecture. The Mayor shall appoint the commissioners subject to confirmation by the
Common Council. The term for each member shall be three (3) years. The terms shall be staggered.
Fort Collins‘ Landmark Preservation Commission membership
requirements are fairly similar to the peer cities we studied with no
major issues to address. However, Fort Collins could consider more
specific requirements in Section 2-277 than simply ―professionals in
preservation-related disciplines,‖ such as at least one certified architect, or at least one member that
meets the Secretary of the Interior‘s Professional Qualifications Standards. We understand that due to
Certified Local Government (CLG) requirements, four of the nine members of the LPC are required to meet
the standards. However, this is not a requirement that is stated in the ordinance and could therefore be
clarified. There may be some concern in finding qualified applicants if the requirements are too strict.
However, we found that many cities of similar size to Fort Collins have more detailed requirements and
are able to find qualified commissioners. We recommend limiting the requirements to only a portion of
the commission, as is currently the practice in Fort Collins. The specific skills and qualifications to require
will need to be thoroughly evaluated.
CAC: Requirements are sufficient (are federal Certified Local Government requirements) but
should be repeated or referenced in Chapter 14.
LPC: Same. Follows CLG requirements; are more rigorous that other City boards. Repeat in
Chapter 14. Also need to publicize better.
16 Madison 33.19; Cambridge 2.78.010; Syracuse VII-3-B; Berkeley 3.24.030
Recommendation
Consider more specific
requirements for
commission membership.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 36
G. Historic Surveys | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 27
The most effective preservation ordinances are supported by thorough, methodical studies and surveys of
the community‘s archaeological and historic resources. In the landmark Penn Central case, the Supreme
Court pointed out the importance of background surveys and studies, stating that the ―function…of
identifying properties and areas of historical and architectural importance is critical to any landmark
preservation effort.‖ Historic building surveys provide information for a variety of local government
purposes. They are a key element in making preservation planning complementary with development
goals and help to evaluate the impact of new development. They also enable planning decisions to be
made against a preservation background. By making information available early in project planning
processes, such surveys help review processes operate more efficiently.
Resources of potential historical significance should be surveyed and the archaeological, architectural, or
historical significance of individual resources and districts documented before designation takes place.
The importance of conducting historic resource surveys before designation occurs cannot be
overestimated. Local officials will look to such surveys for guidance when presented with development
applications that affect historical resources. Also, some landowners may challenge designations and
permit denials. Using the survey as a guide, communities then should choose carefully those individual
resources, neighborhoods or districts it believes worth preserving. Attention to detail in the survey and
designation stages proves immensely valuable at later stages.
Once communities have completed initial surveys and designated landmarks and districts, they should
ensure that the survey is periodically reviewed and updated. Resources that were overlooked the first time
around may be discovered, or some that were consciously omitted may assume a new significance. What
a community considers unworthy of protection may change over the course of only a few years. For this
reason, many ordinances contain provisions requiring that the survey be ―periodically‖ updated. Though
influenced by language in the ordinance, surveys are mostly governed administratively outside of the
ordinance.
The Fort Collins ordinance is largely silent on historic surveys, except for one of the functions listed for the
Landmark Preservation Commission in Division 19, Section 2-278: ―To advise the City Council and City
staff regarding the identification and evaluation of historic resources within the Growth Management Area
and provide information regarding the significance of the resources, the nature and degree of threat to
their preservation and methods for their protection.‖ No further specificity is provided on a survey
program. The city‘s website houses many historical contexts, survey reports, and development grants
completed over the last twenty years on the ―Historic Projects‖ page. There are a wide range of topics and
areas of Fort Collins covered by these documents.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 37
G. Historic Surveys | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 28
Many cities we studied do not explicitly integrate historic surveys into their ordinance, but many city
websites detail their survey programs. Santa Barbara, Boise, and Provo are three examples of integration
of surveys into the ordinance.17 The Provo example shows a requirement to update surveys every 10 years:
16.02.020. Duties and Powers.
The Landmarks Commission shall have the following duties and powers:
(1) Survey and Inventory Community Historic Resources. The Landmarks Commission shall conduct or cause to be
conducted a survey of the historic, architectural, and archaeological resources within the community. The
survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. Survey and inventory
documents shall be maintained and shall be open to the public. The survey shall be updated at least every ten
(10) years.
Since the peer cities we studied are all locations of large universities, many of these survey programs
appear to be supported by or partnered with the local university. For example, Gainesville notes on their
website that survey teams partner with students in the university‘s historic preservation program and
other community volunteers. Eugene also notes that their survey program has been underway since the
1980s in cooperation with the Oregon State Historic Preservation Office and the University of Oregon
Historic Preservation Program.18
Gainesville is currently completing a mid-century survey of the city, as it states that buildings constructed
from 1930 through 1970 were not assessed in previous surveys that had taken place in the 1980s and
1990s. In describing the importance of this survey, Gainesville notes that its ―dramatic growth following
the Second World War was accompanied by a transformation of the city‘s architecture, as mid-century
modern design began to appear in suburban homes, commercial properties and motels, among other
vernacular building types. Because mid-century architecture represents such a large departure from
architecture that came before it, the survey will increase knowledge and awareness of Gainesville‘s
Modern architecture, and provide a basis for updating historic resources inventories and the city‘s Design
Guidelines.‖19 This appears similar to the Fort Collins Postwar Development 1945-1969 Survey that was
completed in 2011. Considering the significant continued growth through the 1970s in Fort Collins, future
planning for ongoing historic surveys is vital.
17 Santa Barbara 22.22.030; Boise 11-02-05; Provo 16.02.020
18 City of Gainesville, ―Mid-Century Survey‖; City of Eugene, ―Eugene Cultural Resource Program‖
19 City of Gainesville, ―Mid-Century Survey‖
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 38
G. Historic Surveys | Research Topics
Topic A: Landmark Designation | City of Fort Collins Historic Preservation Codes & Processes Review 29
While many of the peer cities did not directly address historic surveys
in the ordinance, there are several improvements that Fort Collins
could make based on the examples that do address surveys. First, one
of the duties of the Landmark Preservation Commission could be to
more explicitly direct historic surveys to be completed and also
specify a time at which they must be updated.
While it may not be integrated into the ordinance, the City should
work with Colorado State University‘s public history students, History
Colorado, or other organizations to develop a program for regularly
surveying historic properties.
CAC: Supports. Strongly notes need for additional survey. Far behind.
LPC: Supports. Critical need for funding for on-going survey.
Considering the substantial growth that occurred after 1970 in Fort Collins, soon many properties will
reach the 50-year age limit and thorough, regularly updated documentation and survey work will help
immensely in future decisions related to these properties. Funding and completing survey work should be
a high priority for the Fort Collins historic preservation program as it will result in the more efficient and
predictable administration of all elements of the program.
CAC: Supports. Survey should be highest priority. Requires consistent on-going funding and
support in City budget.
LPC: Supports. Survey is highest priority. Foundation of all other work. Need for on-going
funding.
Recommendations
Specify that one of the
duties of the Landmark
Preservation Commission is
to direct historic surveys to
be completed and regularly
updated.
Develop partnership with
other organizations to
develop a program for
regularly surveying historic
properties.
Prioritize the completion of
survey work and regular
updating of existing surveys.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 39
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 30
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 40
Introduction | Background
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 31
This section of the report includes a review of the City of Fort Collins‘ codes and processes related to
design review of designated resources and compatible infill in historic districts. The documents reviewed
for this report include Chapter 14, Articles I and III, of the Municipal Code and the city‘s adopted design
guidelines. This report assesses the program area‘s current conditions and provides recommendations for
proposed improvements.
As recommended in the Topic section above, we propose organizational improvements to Chapter 14 to
complement the substantive recommendations that are the principal focus of this report. The important
procedural steps in Section 14-46 should be better integrated with the criteria and additional procedural
requirements in 14-48. A better system of organization for Article III may be:
Applicability (including portions of 14-46 and 14-47);
Process (including portions of 14-46 and 14-47);
Administrative process (14-49);
Criteria to be applied (14-48); and
The assorted provisions in Section 14-50 through 14-55.
Simple organizational restructuring as well as incorporating subsections with subheaders, multi-level lists,
and nested information would greatly help to clarify the ordinance.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 41
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 32
In the previous report, we studied the designation of historic resources. This report looks at what happens
when designated resources are modified or altered, or as new structures are built within designated
historic districts. Design review is one of the main tools used to protect historic resources after they are
designated. A thoughtful and thorough review process allows historic resources to evolve and
accommodate new occupants and growing families while still respecting their historic significance.
In Fort Collins, the process of reviewing modifications or demolitions of
designated resources and new construction in historic districts is
referred to in practice as ―design review,‖ although that term does not
appear in the ordinance. Article III of Chapter 14 details the
requirements for construction, alteration, or demolition of designated
historic resources. The first step is a ―determination of detriment.‖ If the
proposal is found by the Landmark Preservation Commission (LPC) Chair
and the Director not to be detrimental to the designated resource, it
may be considered administratively (by staff) without a public hearing;
otherwise, it is considered by the commission following a public hearing.
The procedures for both administrative review and commission-level
review are described in more detail in the following sections of this report. Whether the decision is made
by staff or by the commission, a final ―report of acceptability‖ is issued to authorize proposed changes
and to authorize the issuance of a building permit if required.
In 2016, 17 design review applications were reviewed by the full LPC and approximately 20 design review
applications were reviewed by staff. (For comparison purposes, roughly 700 demolition/alteration reviews
of resources that are not designated are completed in Fort Collins per year.)
Unlike Fort Collins, most cities we reviewed (with a handful of exceptions) use the term ―Certificate of
Appropriateness‖ to refer to the formal authorization for new construction in historic districts or
alterations to designated resources. This is a relatively common term in use throughout the country and is
recognized by many property owners, developers, and local staff and officials as a distinct process
associated with historic preservation.
Beyond the terminology, the actual design review processes are quite similar in most cities, with
applications heard before the preservation commission, decisions made based on a particular set of
criteria, and an opportunity to appeal the commission‘s decision to the city council. Almost all cities also
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 42
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 33
allow for an administrative-level review (usually without a public hearing) for more straightforward
applications. These are projects that typically are more modest in scale and do not require a public
hearing because the impacts on other properties are expected to be minor.
A common feature in these ordinances is a clear, upfront identification of the types of projects that are
subject to full commission review (and public hearing), and thus will require more resources and time to
pursue than the relatively simpler projects decided by staff. For example, Madison authorizes
administrative review but requires its commission to formally adopt a list of the types of work that can be
approved administratively. Boise uses a helpful, user-friendly tool that we did not see in any other
communities called a ―decision matrix‖ to identify the type of review required for different types of work,
as well as an enumerated list of items that do not require review.20 The ordinance references this decision
matrix. Portions of the matrix and the list of exempted work are shown below:
11-03-04(20): Certificate of Appropriateness Required for Alteration, Demolitions or Relocations, Changes in
Zoning Classification or Changes in Use in Historic Districts or Historic Districts-Residential
iv. The Commission may delegate to the Planning Director review of Certificates of Appropriateness that are listed
as ―staff level‖ under the Certificate of Appropriateness Matrix adopted by the Historic Preservation Commission
and are in compliance with the design guidelines on file in the Planning and Development Services Department.
Decision Matrix for Certificate of Appropriateness
20 Madison 41.17(4); Boise 11-03-04
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 43
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 34
Similarly, Santa Barbara identifies thresholds for projects that qualify for administrative approval in a
separately adopted General Design Guidelines and Meeting Procedures document. Gainesville allows
projects to be administratively reviewed when restoring the original appearance or when the proposal
meets their Historic Preservation Rehabilitation and Design Guidelines. This separate document provides
helpful conditions that determine whether a proposal can be approved by staff, as shown below.21
30-122(D)(5) Historic Preservation/Conservation
b. Staff approval. The city manager or designee may issue a certificate of appropriateness if the work will either
result in the original appearance of the structure, as defined in this chapter, or will meet the city's Historic
Preservation Rehabilitation and Design Guidelines on file in the planning and development services department.
Guidelines: Additions to Existing Buildings
These examples, and particularly the Boise decision matrix, are user-friendly tools that allow applicants to
predict the type of process their work will require. The use of a chart system like the decision matrix allows
applicants to quickly understand the process and manage their expectations from the outset of a project.
The substantive distinctions between the types of review are explored in more detail in the following
sections of this report.
21 Gainesville 30-112(d)(5); Santa Barbara Historic Landmarks Commission General Design Guidelines & Meeting Procedures
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 44
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 35
The Design Review process in Fort Collins has been successful in
reviewing modifications to designated landmarks and properties
within historic districts. This is one of the fundamental purposes of a
preservation program and Fort Collins‘ process adequately protects
designated resources. There are two steps that Fort Collins should
consider to improve the clarity, transparency, and user-friendliness of
the design review process.
First, we recommend that Fort Collins consider changing the name of the process for reviewing alterations
to designated historic resources from ―design review‖ to a more specific term that is focused on
preservation. ―Design review‖ does not specify that it is limited to the review of designated resources and
may unnecessarily confuse the process, as ―design review‖ could encompass several different types of city
processes that may be unrelated to historic preservation. It also is confusingly similar to ―development
review,‖ which are discussed in the next section of this report. We believe a different name, such as the
common ―certificate of appropriateness,‖ would help to differentiate the preservation review process from
other city reviews.
CAC: Prefers ―Certificate of Approval‖ and ―Landmark Alteration Review‖
LPC: Prefers ―Certificate of Appropriateness‖ and ―Landmark Alteration Review,‖ for consistency
with other programs across country.
We also recommend that the Fort Collins ordinance better define and clearly distinguish the types of
projects that require full commission review and a public hearing, versus less significant projects that may
be appproved by staff. The city should summarize the different levels of review in a user-friendly format,
such as Boise‘s decision matrix.
CAC: Agrees. Also develop decision matrices for paint and for murals. Paint colors should be part
of both decision matrices; approval on case-by-case basis; reversibility and historic material
preservation key points.
LPC: Agrees. Need to investigate a better way of determining minor work from major work,
rather than using aspects of integrity.
Recommendations
Rename the design review
process as a ―certificate of
appropriateness‖ process.
Develop a decision matrix
to increase predictability of
required review processes.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 45
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 36
Perhaps the most visible, and sometimes most controversial, of powers exercised by preservation
commissions is the review of applications for major alterations or demolition of historic resources, or for
new construction in historic areas. The procedural considerations in reviewing applications for these types
of projects are quite similar to those for designating historical resources. Basically, the historic property
owner must be given an opportunity to be heard, to present his or her case, and to rebut the opposing
case. Commissions can help ensure fair, orderly hearings by making clear beforehand the standards that
will govern their deliberations. It is particularly important that the reviewing body gives reasons (or
―findings of fact‖) for its decision on these types of applications.
The LPC reviews major alterations and demolition proposals of designated resources and issues a decision
in the form of a ―report of acceptability.‖ (Projects that are reviewed by staff are discussed in in the next
subsection of this report.) The process for obtaining a ―report of acceptability‖ differs based on whether
the work requires a building permit.
If a building permit is required, the proposal is reviewed by the LPC in two phases: (1) conceptual
review and (2) final review. The conceptual review allows applicants and the LPC to discuss design
issues as well as the policies, requirements, and standards that apply to a proposal. Final review
requires more detailed plans and is the step at which the commission renders a decision on the
proposal. These reviews may occur at the same LPC meeting depending on the impact of the
proposal.
If no building permit is required, the ordinance does not specify any phasing to the review.
Although not reflected in the ordinance, Fort Collins also offers an optional Design Subcommittee review
for applicants. This allows applicants to meet with two members of the LPC to discuss a project prior to
their conceptual review to obtain information and feedback.
The LPC‘s decision on a design review application is subject to appeal by any ―party-in-interest‖ to the
City Council. A party-in-interest can be the applicant, the subject property owner, anyone who received
mailed notice of the hearing or provided written comment, anyone who appeared at the LPC hearing, or
the City Council.
Most cities list the types of projects that are subject to review by the preservation commission. An
example from Denton of typical ordinance language is shown below. One of the main differences
between the cities we studied was whether work that does not require a building permit needs to be
reviewed by the commission. Boulder, Boise, Denton, and Provo are examples that specify that any
changes, whether or not a building permit is required, must be reviewed at some level for preservation
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 46
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 37
issues. In these cities, the same process for obtaining the certificate of appropriateness approval is
required for either circumstance.22
35.7.6.8. Exterior alterations and changes; minor exterior alteration, ordinary maintenance; appeals.
A. Certificate of appropriateness. No person shall alter, change, construct, reconstruct, expand, restore, remove or
demolish any exterior architectural feature of a designated historic landmark or allow the results of such action
to be maintained unless application is made in compliance with this Section for a Certificate of Appropriateness
and such a certificate is granted. As used in this Subchapter, the term "exterior architectural feature" shall
include but not be limited to architectural style and general arrangement of such portion of the exterior of a
structure as is designed to be open to view from a public way. A Certificate of Appropriateness shall be obtained
prior to the issuance of any Building Permit, although the Certificate of Appropriateness review and Building
Permit and other required Permit review processes may be conducted simultaneously. A Certificate of
Appropriateness may also be required for work not otherwise requiring a Building Permit. The Certificate of
Appropriateness shall be required in addition to, and not in lieu of, any required Building Permit.
Clarifying the applicability of preservation review is important because many alterations to designated
resources may not require a typical building permit but may still greatly impact a resource, such as
changes to landscaping where a site‘s landscape features are a vital part of the property‘s historic
significance. The overall process for preservation approval should be generally the same regardless of
whether a building permit is required. The only procedural difference should be the building permit
processes that take place after the preservation review.
Several cities establish maximum time limits for the review of certificates of appropriateness. For example:
Berkeley requires a public hearing to be held within 70 days of receipt of the application, and then
a decision is required within 30 days of that public hearing. The overall time limit for the process
is 180 days.
Boulder allows 14 days to determine whether a proposal is detrimental or will have a significant
impact. A public hearing must occur within 75 days of receipt of a complete application.
Cambridge requires a decision within 45 days of the filing of an application.
Denton requires commission review within 21 days of receiving a complete application.
Lincoln and Madison require public hearings within 60 days of receipt of a complete application.
Syracuse requires a public hearing within a ―reasonable time after [an] application is filed.‖23
There are a few benefits to establishing maximum time limits for review. Setting a maximum time limit
creates a predictable timeline for applicants and helps prevent multiple iterations of the same design
returning to the commission until it is finally approvable. However, if this is not an issue in Fort Collins and
22 Boulder 9-11-12; Boise 11-03-04; Denton 35.7.6.8; Provo 16.05.050
23 Berkeley 3.24.240; Boulder 9-11-15; Cambridge 2.78.060; Denton 35.7.6.8; Lincoln 27.57.140; Madison 41.17(5); Syracuse VII-6-C
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 47
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 38
projects are currently reviewed in relatively quick time (from both an applicant‘s and staff‘s perspective), a
maximum time limit may not be necessary.
All of the cities we studied allow for the preservation commission‘s decision to be appealed. The majority
of appeals are heard by the city council, although in Syracuse, appeals are heard by the City Planning
Commission (these are heard de novo, which is also unique). The cities differ primarily in who is permitted
to submit an appeal to these decisions. In Boulder, the city council may ―call-up‖ any decision of the
Landmarks Board, which is unique in the preservation ordinances we reviewed (although this type of
authority may have been described in other city ordinances that were not reviewed). In Denton, only the
applicant may submit an appeal, while Boise, Gainesville, Lincoln, Norman, Provo, and Santa Barbara allow
anyone to submit an appeal of the commission‘s decision. Other cities require a specific number of people
that must submit an appeal if they are not the applicant: Berkeley requires 50 people to submit an appeal,
Cambridge requires ten, and Madison requires the owners of at least 20% of parcels within 200 feet of
subject property.24
Crafting more specific requirements for appellants may limit frivolous appeals to the City Council. Often, a
City Council is not trained in preservation issues, and the Council may not have the same expertise as a
preservation commission to review alterations to historic resources. Decisions made at the council level
may also be more subject to political considerations. However, if this is not an issue that has come up in
Fort Collins, using the current ―party-in-interest‖ requirements for appellants may be sufficient.
The general process for obtaining commission approval in Fort Collins
is similar in many respects to the other communities we studied and
may not require significant procedural modifications. One unique
feature of the Fort Collins process is the difference between
preservation review of projects requiring building permits and those
not requiring building permits. Fort Collins should consider whether
the distinction between the processes is necessary.
Additionally, none of the other cities we studied required a conceptual review in their ordinance (although
this may be something that is done in practice in several communities but is not codified) as Fort Collins
does in Section 14-46(b)(1). While there is potential value in conceptual review for some projects and we
do not recommend eliminating entirely the opportunity for conceptual feedback from the commission, we
do recommend considering making conceptual review an optional step. The onus would then be on the
applicant to decide whether to seek conceptual feedback prior to a formal application review or risk
unexpected issues at the final review stage. We believe that the blurred lines between conceptual review
24 Syracuse VII-6-C; Boulder 9-11-16; Denton 35-219; Boise 11-03-04; Gainesville 30-112; Lincoln 27.57.180; Norman 22:429.3; Provo
16.03.040; Santa Barbara 22.22.090; Berkeley 3.24.300; Cambridge 2.78.240; Madison 41.20
Recommendations
Make conceptual review an
optional step.
Consider establishing a time
limit for final review.
Consider more specific
requirements for appellants.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 48
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 39
and final review may invite commissioners and applicants to focus less on the specific criteria to consider
for a report of acceptability. In addition, if it is common for proposals to have both conceptual and final
review at the LPC meeting, the requirement for an independent conceptual review seems less important.
CAC: Supports making conceptual review an optional step.
> Also offer multiple conceptual reviews, rather than one.
> All conceptual review comments should be presented at LPC Final Review
> Add the ability for LPC to make conditional approvals like P&Z.
> Offer Design Review Subcommittee meetings as alternate option; LPC members who
participate in Design Review Subcommittee should be allowed to participate in Final
Review, as done with DDA
LPC: Supports making conceptual review an optional step; add the ability for LPC to make
conditional approvals like P&Z does.
> Offer Design Review Subcommittee meetings as alternate option; LPC members who
participate in Design Review Subcommittee should be allowed to participate in Final
Review, as done with DDA
> Works in conjunction with clearer standards; focus on specificity of what is required for
approval.
> Add more information on what would likely be supported or denied.
Other items to consider are setting a time limit for the overall process (in Section 14-46(b)(2)), as many
cities do, and reevaluating who can appeal the decision of the LPC, perhaps establishing a new list in
Section 14-49(c) rather than cross-referencing the ―party-in-interest‖ language of Chapter 2 of the
Municipal Code. These each have benefits and drawbacks, as described in the respective subsections
above.
CAC: Agrees with setting time limit. Agrees there should be requirements for appellants, but not
sure what these would be.
LPC: Agrees with setting time limit as it adds predictability; strengthens process. Does not agree
that there should be requirements for appellants. This is not an issue; no change necessary. Why
make it harder for owner to appeal the LPC‘s decision?
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 49
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 40
Communities vary as to what extent, if any, responsibilities under the preservation ordinance are
delegated to full-time administrative staff, as opposed to the preservation commission. Nationwide, it is
extremely common for preservation commissions to delegate authority for minor decisions to
professional staff. This often is done to streamline the review process and free up the preservation
commission‘s time to work on more long-range or complex issues. For example, staff might be given the
authority to approve minor alterations to designated buildings (e.g., screen door replacement or paint
colors).
In some cities, delegation of review authority often is done in practice but is not codified in the ordinance.
The general rule for delegating authority from the commission to staff is that responsibilities should not
be delegated at random, but rather should be guided by detailed provisions included either in the
ordinance or in formally adopted rules and regulations that are referenced in the ordinance.
In Fort Collins, work that is considered not detrimental to historic, architectural, or cultural material may
be administratively reviewed by the Director, with the consent of the chair of the commission. Specific
types of work are authorized to be processed administratively such as color changes, signs, and
recovering of awnings. More generally, ―minor exterior alterations‖ are also authorized for administrative
review.
Article I defines ―minor alteration‖ as ―work that has the potential to substantially affect no more than one
(1) aspect of exterior integrity.‖ However, exterior integrity is not defined in the definitions section of the
ordinance. The National Park Service‘s seven standards for integrity are integrated into Section 14-5
(standards for determining eligibility), but no cross-reference is provided that would help a user
understand this link. Administrative design review is subject to the same criteria as a commission-level
design review and the Director‘s decision may be appealed to the LPC.
Normal maintenance that does not change the exterior appearance or characteristics appears to be
exempted by Section 14-52. Normal maintenance is not a defined term, but ―repair and maintenance‖ is
defined in Article I as ―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.‖
Almost every city we studied uses an administrative design review process in addition to a public hearing
process before their preservation commission. Syracuse is the only city that does not have administrative-
level reviews; all changes are heard by the Landmark Preservation Board. On the other end of the
spectrum, all modifications of designated resources in Eugene are reviewed administratively. These
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 50
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 41
administrative decisions are typically appealable up to the preservation commission, such as in Eugene,
Boise, and Provo.25
Boulder has two different levels of review for Landmark Alteration Certificates that do not require a public
hearing: (1) administrative staff review, and (2) review by the Landmarks Design Review Committee, which
consists of two members of the Landmarks Board and one staff preservation planner. For comparison,
Boulder reviews approximately 200 Landmark Alteration Certificates per year (a much higher volume than
Fort Collins, perhaps due to larger and more numerous historic districts), with about half being reviewed
by staff, 45 percent reviewed by the Landmarks Design Review Committee, and only about five percent
going to the full Landmarks Board for public hearing approval.26
Many cities exempt ordinary maintenance from the review process altogether. Some cities, such as
Denton, have a separate review process for ordinary maintenance which is essentially the same as the
review of minor alterations but has a faster timeline. Cities often carefully define ordinary maintenance to
help differentiate it from a minor alteration, like Norman, which defines it as ―Work meant to remedy
damage or deterioration of a structure or its appurtenances, and which will involve no change in materials,
dimensions, design, configuration, color, texture or visual appearance to the exterior of an historic
structure. Ordinary maintenance and repair shall include painting and reroofing.‖27
Ongoing maintenance of historic properties is one of the best ways to preservation original and historic
features. For this reason, maintenance should be encouraged and regular maintenance should have either
expedited review processes or be exempted from review.
Only a few of the cities we researched specify a time limit for administrative approvals:
Denton requires reviews of ordinary maintenance to be completed within five days and reviews
of minor alterations to be completed within five working days.
Madison requires administrative reviews to be completed within 60 days of receiving a complete
application.
Provo limits administrative reviews to 10 days after receiving a complete application.28
Time limits increase the predictability of a process for applicants. Administrative reviews should be
completed quickly to encourage applicants to utilize the process. Long timeframes for relatively simple
reviews can sometimes have the unintended consequence of encouraging applicants to ―ask for
forgiveness rather than permission,‖ and lead to unpermitted (and often inappropriate) work.
25 Syracuse VII-6-C; Eugene 9.7200; Boise 11-03-04; Provo 16.03.050
26 Boulder 9-11-14
27 Denton 35.7.6.8; Norman 22:429.3
28 Denton 35.7.6.8; Madison 41.17; Provo 16.03.050
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 51
A. Design Review Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 42
Fort Collins‘ approach to administrative review is similar to many of
the communities we studied. It is a good practice of any preservation
program to provide for a quick administrative review of minor
changes. However, the ―determination of detriment‖ process in Fort
Collins is somewhat unpredictable in that it does not provide much
upfront notice to property owners as to the level of effort required to
get a project approved. Fort Collins should determine a clear
distinction between what can be approved administratively by adopting a new guiding document that
determines which decisions can be delegated to staff. In particular, the non-specificity of ―minor exterior
alterations‖ that can be approved administratively should be clarified. This may result in the development
of a decision matrix or similar document as recommended earlier in this report, or a document laying out
specific conditions required for work to be reviewed administratively. This document should be referenced
in the ordinance.
This will increase predictability for applicants and will improve the efficiency of processing applications, as
case-by-case analysis of whether something truly meets the definition of ―minor alteration‖ can
unnecessarily consume significant staff time. While the ordinance currently references considerations of
integrity to make these determinations, more objective standards are warranted. Clarifying what can be
approved administratively also may guide applicants to propose work that is less intrusive on historic
resources. By clearly identifying the boundaries for what can be approved administratively, a city can
ensure that the type of work proposed (or conditions to allow it to be approved administratively) is in line
with typical recommended preservation treatments.
Some examples of work that is commonly approved administratively in other communities include:
window replacement with the same materials and design; alterations that are not visible from public right-
of-way; fences; reroofing with no change in materials; and installation of mechanical equipment.
Additionally, the distinction between normal maintenance and minor alterations should be better clarified
in the ordinance to identify what type of work is wholly exempted from the review process.
CAC: Agrees.
LPC: Agrees. Develop matrices of review processes, identifying routine, minor and major work.
Also need to investigate a better way of determining minor work from major work, rather than
using aspects of integrity
Recommendation
Adopt guiding document
that identifies specific types
of work that can be
delegated to staff for review.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 52
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 43
Whether reviewed by the commission or by staff, alterations to designated properties and new
construction in historic districts are evaluated based on a set of standards set forth in the ordinance. The
process of setting standards is crucial not only from a legal standpoint, but also as a way for communities
to evaluate where their preservation program is leading. What kind of development, if any, do we really
want in the local historic area? How will we evaluate proposed changes? What is the most efficient and
fair method of administering proposed changes? What should be the relationship of our local standards
to other historic resource regulations, such as the Secretary of the Interior‘s standards?
The typical preservation ordinance sets forth broad review standards for the development or demolition
of historic properties. Often preservation ordinances attempt to ensure that modifications will ―not have
an adverse effect on the fabric of the district‖ or that new construction not be ―incongruous,‖ but ―in
harmony,‖ with the ―character‖ and ―significant features,‖ of the designated resource. These operative
terms in determining the impact of a development or demolition proposal are to a degree subjective and
need to be defined and limited in some fashion to give applicants reasonable notice of what is expected
of them. Communities can narrow broad review standards through the use of detailed criteria set forth in
the ordinance or in accompanying documents such as guidelines, surveys, or administrative manuals.
Review standards that are too broad often are criticized for being vague and unclear. Fairness and
regulatory efficiency dictate that local ordinances contain clear standards that result in predictable
decisions by staff and review commissions and limit administrative discretion. For this reason, the
standards that are used for review of alterations and new construction are extremely important.
In Fort Collins, the standards considered by both the LPC and the director in deciding upon the issuance
of a report of acceptability are as follows:
(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 for the preservation, reconstruction, restoration or rehabilitation of historic resources.
These are relatively broad consideration statements that could be narrowed. Importantly, the ordinance
only requires that the standards are be considered by the commission, which may result in less predictable
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 53
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 44
decisions. As drafted, there are not mandatory standards to be met--only ―considerations‖ that could be
evaluated along a wide spectrum of acceptability. In other words, Section 14-48(b) does not give an
applicant a clear idea of what may be an approvable modification or how new constructions may be
acceptable. At what point is the effect of a proposal unable to be approved?
Also, to what extent do proposals need to meet the Secretary of the Interior‘s (SOI) standards? The current
standards also place a heavy reliance on the SOI standards for guidance in reviewing alterations and new
construction. While the SOI standards are helpful for review and are used by communities all over the
country, they are somewhat vague and imprecise. We typically recommend that they are used as a
starting point for more tailored and precise standards specific to the community.
Many of the peer city ordinances we reviewed use similar language and address similar topics in their
criteria for reviewing alterations, new construction, and demolition of designated resources. Boulder‘s
ordinance provides an example of typical review standards:
9-11-18. - Standards for Landmark Alteration Certificate Applications.
(b) Neither the landmarks board nor the city council shall approve a landmark alteration certificate unless it meets
the following conditions:
(1) The proposed work preserves, enhances or restores and does not damage or destroy the exterior
architectural features of the landmark or the subject property within a historic district;
(2) The proposed work does not adversely affect the special character or special historical, architectural or
aesthetic interest or value of the landmark and its site or the district;
(3) The architectural style, arrangement, texture, color, arrangement of color and materials used on existing and
proposed structures are compatible with the character of the existing landmark and its site or the historic
district; and
(4) With respect to a proposal to demolish a building in a historic district, the proposed new construction to
replace the building meets the requirements of paragraphs (b)(2) and (b)(3) of this section.
These conditions more clearly present the requirements of an application: Materials and architectural
styles must be compatible, historic character cannot be adversely affected, and exterior architectural
features cannot be damaged. While these are still somewhat broad, Boulder supplements these conditions
with adopted design guidelines for each historic district as well as general city-wide guidelines.
Like Fort Collins, most of the cities we studied either reference or incorporate the Secretary of the
Interior‘s Standards for Rehabilitation (SOI) in their requirements for the review of certificates of
appropriateness. (For reference, the standards can be found below.) Eugene, which grants approvals only
administratively, uses seven of the SOI standards for rehabilitation for their review, as well as two
additional standards requiring compliance with other Eugene-specific development standards or design
guidelines. In Boise‘s standards, an abundance of different documents are referenced including the SOI
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 54
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 45
standards, plans, design guidelines, and even architectural history books. Madison notably uses the SOI
standards only when reviewing applications for landmark properties, but uses individually adopted
standards & guidelines for applications in historic districts. Norman and Provo both use the SOI standards
as well as additional adopted design guidelines.29
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.
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 possible, 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 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
characterize 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.
Tying back to federal standards is useful to ensure consistency with federal and state reviews, such as for
properties that are being reviewed by the State Historic Preservation Office for tax credit projects. While
the SOI standards are a valuable tool in reviewing alterations and demolitions of designated resources,
supplementing them with local guidelines or specific ordinance language is highly recommended. We
understand that recently the State Historic Preservation Office has identified some landmark modifications
29 Eugene 9.8175; Boise 11-03-04; Madison 41.18; Norman 22:429.3; Provo 16.06.010
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 55
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 46
(specifically additions) that have been approved by Fort Collins that have negatively impacted that
landmark‘s eligibility.
Generally improving the Fort Collins standards to act as requirements rather than ―considerations‖ could
better ensure that alterations are consistent with the SOI standards. Additionally, establishing additional
Fort Collins-specific standards to supplement the SOI standards would allow the review process to better
implement the SOI intent in a more tailored manner. For instance, if general residential design standards
were adopted, they could specify the appropriate size of an addition in relation to the existing structure,
how the addition should be attached, and how visible an addition may be from the public right-of-way.
A few of the communities we reviewed have additional findings or processes to follow when an applicant
can prove some level of ―hardship‖ that would be caused by not granting the approval. For example, both
Berkeley and Provo allow their commissions to approve applications that do not meet their general
standards but where the applicants claim that there would be unreasonable hardship if the application is
not approved. Cambridge has a separate approval process called a ―Certificate of Hardship‖ when failing
to approve an ―otherwise inappropriate project would involve substantial hardship‖ and would not cause
―substantial detriment.‖30 Lincoln‘s commission can issue a ―Certificate of exception on the ground of
insufficient return or hardship‖ using findings that are similar to typical zoning variance findings: if it finds
that a reasonable return cannot be made without the proposed work, that there are unique circumstances,
and that the hardship is the result of the application of the ordinance and not a result of the applicant.31
This hardship finding can provide some level of flexibility for applicants. However, the ordinance should
clearly state that the burden of proof is on the applicant to prove a hardship. Additionally, changes should
also still generally reflect the intent of the ordinance.
The general subjects of the Fort Collins criteria are typical of most
preservation ordinances we reviewed as they focus on the impact of a
project on historic character, architectural style, and important
exterior features. The criteria themselves would not likely require
major changes. However, it is somewhat unique that the language is
phrased as ―considerations‖ in Section 14-48(b), which arguably
allows for much interpretation and can result in a less predictable
process. Fort Collins should redraft the list as mandatory approval criteria rather than as considerations.
30 Cambridge Historical Commission, Application for Certificate
31 Berkeley 3.24.270; Provo 16.05.070; Cambridge 2.78.210; Lincoln 27.57.150
Recommendation
Establish mandatory
approval criteria rather than
―considerations.‖
Add specificity to the
―standards of the City‖
reference in the criteria for
approval.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 56
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 47
CAC: Agrees.
LPC: Agrees. Change language that LPC ―must consider‖ to ―must meet.‖ Make clear in code
what criteria are.
Fort Collins also references the Secretary of the Interior‘s Standards, as many cities do, which is helpful to
keep reviews in line with federal and state standards. However, additional Fort Collins-specific standards,
either in the ordinance or in adopted guidelines, would be useful to assist in reviews. These could be
much more specific and may be more easily understood by applicants than the more general SOI
standards. While the current criteria reference ―the standards of the City‖ (Section 14-48(b)(5)), it is not
clear whether this means adopted design guidelines or standards. Greater specificity should be added to
this particular criterion to specify what the ―standards of the City‖ might include. Finally, as we
recommend that all criteria become requirements rather than considerations, the level of compliance that
is required with those adopted design guidelines should then be made clear either in the ordinance or in
the adopted standards.
CAC: Agrees.
LPC: Agrees. Clarify in codes what standards the City has adopted, by name, and reference in
codes whenever applicable
While most communities use a common list of procedures and criteria for both alterations and
demolitions, some use a heightened review for demolition proposals. This may include additional criteria
or considerations unique to demolition.
Fort Collins does not have specific standards for the review of demolitions of landmarked properties or
properties within designated historic districts. The general criteria for considering a report of acceptability
are used in these circumstances. (Note that the Topic D report will review the Demolition/Alteration
review process for non-designated resources in detail.)
Some cities, like Gainesville, will not release a demolition permit until a building permit for a replacement
building has been obtained. Boulder requires that new construction replacing whatever is demolished
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 57
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 48
must meet the criteria for approval as well.32 Madison has established particular standards for granting a
certificate of appropriateness for demolition as shown below.
41.18 Standards for Granting a Certificate of Appropriateness.
(2) Demolition or Removal. In determining whether to approve a certificate of appropriateness for any
demolition or removal of any landmark or structure within a historic district, the Landmarks
Commission shall consider all of the following, and may give decisive weight to any or all of the
following:
(a) Whether the structure is of such architectural or historic significance that its demolition or
removal would be detrimental to the public interest and contrary to the general welfare of the
people of the City and the State.
(b) Whether a landmark‘s designation has been rescinded.
(c) Whether the structure, although not itself a landmark structure, contributes to the distinctive
architectural or historic character of the historic district as a whole and therefore should be
preserved for the benefit of the people of the City and the State.
(d) Whether demolition or removal of the subject property would be contrary to the policy and
purpose of this ordinance and/or to the objectives of the historic preservation plan for the
applicable historic district as duly adopted by the Common Council.
(e) Whether the structure is of such old and unusual or uncommon design, method of construction,
or material that it could not be reproduced or be reproduced only with great difficulty and/or
expense.
(f) Whether retention of the structure would promote the general welfare of the people of the City
and the State by encouraging study of American history, architecture and design or by
developing an understanding of American culture and heritage.
(g) The condition of the property, provided that any deterioration of the property which is self-
created or which is the result of a failure to maintain the property as required by this chapter
cannot qualify as a basis for the issuance of a certificate of appropriateness for demolition or
removal.
(h) Whether any new structure proposed to be constructed or change in use proposed to be made is
compatible with the historic resources of the historic district in which the subject property is
located, or if outside a historic district, compatible with the mass and scale of buildings within two
hundred (200) feet of the boundary of the landmark site.
Reviews of demolition are often greatly assisted by additional standards, as the general standards used
for the review of alterations or new construction may not sufficiently guide decisions. These additional
standards could consider whether the resource is the last example of a certain style or architect‘s work,
assessments of the condition of the property, or the economic usefulness of the property. Review criteria
specific to demolition could also specify that documentation, a common mitigating condition of
demolition, is required.
32 Gainesville 30-112; Boulder 9-11-18
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 58
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 49
Fort Collins may want to consider establishing supplemental criteria
for approving demolitions of designated properties, as it appears that
the existing criteria in Section 14-48 may be difficult to apply to cases
of demolition. Often demolition has a different range of
considerations that needs particular criteria as shown in some of the
peer city examples. The hardship findings that other cities have used
(cited above) could be adapted in crafting findings for demolition.
CAC: Add criteria to code. The answer to all proposals to demolish landmark designated
properties should be no, except in cases of non-contributing buildings in districts; non-
contributing reviewed same as infill in district.
LPC: Change codes to reflect that site cannot sit fallow following demolition. Clarify in code when
a Landmark may be demolished; add standards for acceptable new construction consistent with
Secretary of the Interior‘s Standards & Guidelines. Revisit hardship standards to make sure they
are appropriate.
The effectiveness of determining the compatibility of infill development also depends on the standards
used for review. The broad review standards must be sufficiently narrowed to allow for meaningful and
predictable review of infill development. Often, because a particular project might be compatible in one
historic district but wholly incompatible in another, cities use design guidelines to craft particular
standards for different districts, to assist in the design and review of infill development.
Drafting adequate review standards is much less difficult in historic areas that have a distinctive style or
character. Areas with strong identifying features provide examples of the features best used to define
compatible development and measure the impact of proposals for new development. In areas that are
less distinctive in style, review of infill can also be aided by design guidelines that explicitly direct some
flexibility to certain features. If a local ordinance does not contain narrowing criteria beyond the typical
broad criteria for review, the preservation commission would be well advised to adopt them by way of
regulation or guidelines.
Compatibility of infill development in Fort Collins‘ historic districts is guided by the design review process.
The general standards noted above for all ―reports of acceptability‖ are used to evaluate infill
development in historic districts. In the ordinance, there is no specific language regarding infill
development. In addition to the criteria for consideration of a report of acceptability, Section 14-48 also
generally requires that the LPC find that all proposed work is ―compatible with the distinctive
Recommendation
Consider additional criteria
for the approval of
demolition.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 59
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 50
characteristics of the landmark or landmark district and with the spirit and purpose of this chapter.‖ The
term ―compatible‖ is defined in Article I:
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.
One of the LPC‘s considerations for the report of acceptability is 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.‖ As noted earlier in this report,
presumably the ―standards of the city‖ refers to the city‘s adopted design guidelines, although this is not
clear. Two guideline or standards documents have been adopted for designated resources in Fort Collins
and are described below.
The Old Town Neighborhoods Design Guidelines were adopted in February 2017 concurrently with
the Old Town Neighborhoods Plan. The document is intended to provide guidance for design
review but compliance is not required. Particularly relevant to this topic, however, are the
guidelines for new construction incorporated in the document. These guidelines cover a full range
of topics such as design, mass and scale, articulation, windows, and materials. The guidelines also
include overall impact and compatibility considerations.
The Old Town Historic District Design Standards were updated and adopted in 2014. These are
used to determine the appropriateness of modifications or new construction in the Old Town
Historic District, as well as for eligible local landmark properties within Old Town and the River
District. The design standards clarify that the guidelines require compliance (when applicable) and
explain the difference between important terms used in the document such as ―shall,‖ ―should,‖
and ―may be considered.‖ The document also has specific design standards for new construction,
focusing on building placement, architectural character, mass, scale, height, roofs, entrances,
materials, and windows.
In other districts outside these two areas, and for individual landmarks without adopted standards, great
emphasis is placed on SOI standards for review of changes, as well as the general criteria for
consideration.
In reviewing staff reports for recent design review applications in the Old Town Historic District, we did
not find any analysis of the design standards included in the reports. It is not clear how, or when, the
standards are applied to the review of projects. We presume that a project‘s compliance with the
standards are discussed in the LPC meeting. However, we recommend including staff-level analysis of
compliance with the design guidelines in staff reports to help guide the LPC‘s discussion at public
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 60
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 51
hearings. As a larger point, staff reports could also include greater analysis of how a project meets the
Secretary of Interior‘s standards and whether the property‘s integrity is impacted by the proposal.
Almost every city we studied has either adopted design guidelines or integrated specific requirements
into their ordinance for evaluating compatibility. Boulder and Norman have both adopted design
guidelines for each of their historic districts, as well as general guidelines for all districts and landmarks.
All of the design guidelines documents from Boulder specify that the guidelines are intended to be an aid
for design, not a checklist for compliance. Lincoln has specific design guidelines for each landmark and
district that are adopted concurrently with their designations and guide future alterations. Several cities,
like Denton and Madison have actually codified design requirements for each particular district in their
ordinances.33
One issue that comes up in many cities is the difficulty in determining what standards of review are
advisory versus mandatory. For example, in Eugene, one of the criteria for approval is that the proposal is
consistent with the design guidelines, although the design guidelines are ―Advisory Design Guidelines for
Historic Residential Properties.‖ Design guideline documents often also do not adequately distinguish
between guidelines that ―should‖ be met versus those that ―shall‖ be required. Another example is from
Provo, which has codified ―Special Guidelines for New Construction in Historic Districts.‖ These guidelines
cover topics like height, scale, window proportion, roof shape, and architectural details. Per the ordinance,
the commission is required to use the guidelines to determine the appropriateness of applications for new
construction. However, each of these suggest that these features ―should be compatible‖ with surrounding
structures. It is therefore not clear whether these are simply intended to guide the discussion or to what
degree a project must comply with the guidelines in order to be approved.34
Berkeley does not have adopted design guidelines for particular historic districts, although the city has
adopted general downtown design guidelines with specific guidelines for landmark buildings. Berkeley
has a fairly general additional finding for the review of new construction in historic districts that ensures
that work will not ―adversely affect the exterior architectural features of the subject property or the
relationship and congruity between the subject structure or feature and its neighboring structures and
surroundings, including facade, setback and height; nor shall the proposed work adversely affect the
special character or special historical, architectural or aesthetic interest or value of the district.‖35
In addition to their Historic Preservation Rehabilitation and Design Guidelines mentioned earlier in this
report, Gainesville has codified ―visual compatibility standards‖ to guide certificate of appropriateness
decisions. The use of ―shall‖ makes them clearly mandatory, but they are general enough to be applicable
to different districts with many different architectural styles:
33 Boulder Design Guidelines for Individual Landmarks and Historic Districts; Norman Historic Preservation; Lincoln Historic
Preservation; Denton 35-275; Madison 41.22
34 Eugene Advisory Design Guidelines for Historic Residential Properties; Provo 16.06.020
35 Berkeley 3.24.260
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 61
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 52
Sec. 30-112. - Historic preservation/conservation.
(6) Criteria.
a. Generally. The decision on all certificates of appropriateness, except those for demolition or relocation, shall
be guided by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings and the following visual compatibility standards:
1. Height. Height shall be visually compatible with adjacent buildings.
2. Proportion of building, structure or object's front facade. The width of building, structure or object to the
height of the front elevation shall be visually compatible to buildings and places to which it is visually
related.
3. Proportion of openings within the facility. The relationship of the width of the windows in a building, structure
or object shall be visually compatible with buildings and places to which the building, structure or object is
visually related.
4. Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building,
structure or object shall be visually compatible with buildings and places to which it is visually related.
5. Rhythm of buildings, structures, objects or parking lots on streets. The relationship of the buildings, structures,
objects or parking lots to open space between it and adjoining buildings and places shall be visually
compatible to the buildings and places to which it is visually related.
6. Rhythm of entrance and porch projection. The relationship of entrances and projections to sidewalks of a
building, structure, object or parking lot shall be visually compatible to the buildings and places to which it is
visually related.
7. Relationship of materials, texture and color. The relationship of materials, texture and color of a parking lot or
of the facade of a building, structure or object shall be visually compatible with the predominant materials
used in the buildings to which it is visually related.
8. Roof shapes. The roof shape of the building, structure or object shall be visually compatible with the
buildings to which it is visually related.
9. Walls of continuity. Appurtenances of a building, structure, object or parking lot such as walls, fences and
landscape masses shall, if necessary, form cohesive walls of enclosure along a street, to ensure visual
compatibility of the building, structure, object or parking lot to the building and places to which it is visually
related.
10. Scale of building. The size of the building, structure, object or parking lot; the building mass of the building,
structure, object or parking lot in relation to open space; and the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places to which it is visually related.
11. Directional expression of front elevation. A building, structure, object or parking lot shall be visually
compatible with the buildings and places to which it is visually related in its directional character.
The Santa Barbara ordinance includes a ―Project Compatibility Analysis‖ which establishes additional
criteria for consideration by their Historic Landmarks Commission. Topics range from compliance with the
municipal code, adopted design guidelines, compatibility with the architectural character of the city and
neighborhood, appropriate height and scale, and sensitivity to adjacent landmarks. In addition, Santa
Barbara recently adopted Infill Design Guidelines in their General Design Guidelines and Meeting
Procedures document that are intended to ―ensure that infill development complements existing
buildings, preserves neighborhood character, and is well integrated into the neighborhood with a
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 62
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 53
cohesive and well-thought out design.‖ The guidelines list possible design techniques and approaches to
achieve the objectives in the Project Compatibility criteria in the ordinance.36
Gainesville‘s visual compatibility standards are an excellent example, as they are clear, relatively objective
standards that are codified. These standards are supplemented by design guidelines for some districts in
the city, where even more tailored standards are necessary to determine compatibility.
Although the term ―compatible‖ is often used in preservation ordinances, very few of the ordinances we
reviewed (only Madison and Norman) defined this term.37 Some of the cities, like Santa Barbara below,
defined compatibility within a separate design guidelines document. These definitions provide some level
of specificity in determining compatibility by providing several examples of features to consider.
Historic Landmarks Commission General Design Guidelines & Meeting Procedures
―For the purposes of design review, ―compatibility‖ is defined as a project‘s ability to integrate harmoniously with
the desirable architectural qualities and characteristics which are distinctive of Santa Barbara and the immediate
neighborhood. A study of the ten (10) closest properties, and additional properties as needed, can be used in
evaluating neighborhood compatibility.‖
The following should be considered in achieving compatibility:
A. Contextual setting (streetscape, surrounding structures, street trees, parks)
B. Patterns of development in the particular area
C. Architectural style
D. Size, mass, bulk, height, and scale
E. Proximity to, and interface with, historic resources, historic districts, historic sites, or natural features
F. Design intent and overall concept of the project and land use designation of the site
Many cities struggle with clearly identifying what is advisory versus
mandatory in regards to design guidelines that assist in the review of
new development in historic districts. To account for varying
character between and within different districts, some degree of
flexibility is warranted. This flexibility should be clearly established
either in the ordinance or in separately adopted design guidelines.
Fort Collins has several high-quality design guidelines that could be
used to review the compatibility new development in historic
districts. However, it is not clear how enforceable or applicable the
adopted design guidelines are, or how they are incorporated into the
design review process. Are they intended to be a checklist for
compliance or simply guidance? The Old Town Historic District Design Standards are clearer about the
36 Santa Barbara 22.22.145 and Historic Landmarks Commission General Design Guidelines & Meeting Procedures
37 Madison 41.02; Norman 22:429.3
Recommendations
Consider codifying general
compatibility standards for
new construction.
Clarify the role of the
adopted design guidelines
and standards.
Develop design guidelines
for additional districts or
general design guidelines.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 63
B. Review Standards Generally | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 54
terminology used, but the ordinance does not clearly explain their role in the design review process. If the
standards are used as a checklist for compliance, some degree of flexibility should be defined and
integrated to allow for unique circumstances. The actual design guidelines appear to be helpful and cover
appropriate topics for reviewing compatibility of development.
Stronger design guidelines could greatly assist in the review in other designated areas of the city.
Developing general residential design guidelines in particular may be helpful, as Fort Collins has a
significant number of landmarked residential properties. Fort Collins should also consider codifying some
general compatibility standards into the ordinance, as Gainesville has done, and supplement those
general guidelines with the adopted design guidelines for particular areas. The ordinance should then
clearly reference those other adopted guidelines and clarify whether compliance is advisory or mandatory.
The existing definition of ―compatibility‖ in the Fort Collins ordinance could easily be built upon to craft
standards for achieving compatibility in new construction in historic districts.
CAC: Agrees. Code should better reference Secretary of Interior Standards and Guidelines for
examples of how to apply. Make both Ch. 14 and LUC 3.4.7 clear that literal replication is not
desired, same with great divergence; what is desired is invention within a style and reference to
context.
LPC: Agrees. Adopt standards for compatible new construction in Landmark Districts consistent
with 2017 Secretary of Interior‘s Standards & Guidelines update. Develop district-specific design
standards and guidelines for each new and existing historic district
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 64
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 55
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 65
A. Development Review Process | Background
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 56
This section of the report includes a review of the City of Fort Collins‘ codes and processes related to
―Development Review,‖ specifically that portion of the Development Review process that involves review
by the Landmark Preservation Commission (LPC) of proposed commercial development on identified
historic resources. The documents reviewed for this report include Chapter 14 of the Municipal Code and
Article 3 of the Land Use Code, particularly Section 3.4.7 related to Historic and Cultural Resources.
This section summarizes the current component of the Fort Collins Development Review process that
considers the effect of new development on historic resources and its effectiveness in achieving
compatible infill, discusses main topics associated with Development Review, highlights relevant
approaches used throughout the country, and provides conclusions and recommendations for
improvements in Fort Collins.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 66
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 57
Generally across the country, most historic preservation programs limit their review of new development
to projects that directly impact designated historic resources—that is, alterations to designated landmarks
or alterations or new construction within historic districts. However, a handful of communities, like Fort
Collins, extend the scope of their preservation-related review to infill outside of historic districts, including
considerations of compatibility with nearby designated properties as well as those eligible properties that
have not been formally designated. In Fort Collins, this process also provides an opportunity for the
Landmark Preservation Commission to submit a recommendation to the decision maker for the
Development Review application. This is separate from the Design Review process discussed in the
previous Topic B report, which focuses solely on designated resources.
The Development Review process in Fort Collins is intended to ensure that all new development meets
the city‘s adopted policies and regulations. The process includes review for compliance with a wide range
of standards, including the General Development Standards in Article 3 of the Land Use Code. The process
is required for all building permit applications (except those applying to single-family residential and
extra-occupancy rental houses) and all development applications.
From a historic preservation perspective, the component of the Development Review process that is
especially important is a review of the impact of new development on adjacent designated and eligible
historic resources. This process requires staff review and, if there is an effect on historic resources, a
written recommendation from the Landmark Preservation Commission on how well the proposed
development meets the code. This process is established in Section 3.4.7 Historic and Cultural Resources.
The Fort Collins Development Review process includes an evaluation of a project‘s impact on nearby
historic and cultural resources whenever:
A local, state, or nationally designated landmark is on the site of proposed development or
adjacent to the site; or
A property that is eligible or potentially eligible for local, state, or national landmark designation
is on the site or adjacent to the site;
The development site is located in or adjacent to a local, state, or national historic district.
To the maximum extent feasible, the preservation and adaptive reuse of any onsite historic structure is
required. Also, development plans and designs must protect and enhance the historical and architectural
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 67
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 58
value of any historic property located adjacent to the development site. New structures are required to be
compatible with the historic character of the historic property, whether on the site or adjacent to it.
While the Historic and Cultural Resources standards
section of the Fort Collins Land Use Code has been in
place since 1998, section F(6) requiring a written
recommendation from the LPC was added in 2014, based
on a request from the Planning & Zoning Board to receive
additional input based on the LPC‘s their preservation
expertise. Unlike the Design Review process for alterations
to designated resources, the LPC is just a recommending
body and is not the final decision-maker for Development
Review. The decision-maker is the Planning & Zoning
Board, a hearing officer, or the Director of Community
Development & Neighborhood Services, depending on
the scale of the project.
Not all Development Review applications that are
adjacent to historic resources are reviewed by the LPC.
The Director may administratively issue a written
recommendation for projects that ―would not have a
significant impact on the individual eligibility or potential
individual eligibility of the site, structure, object, or district.‖
Projects that are determined by the Director to have a significant impact typically involve a two-step
review by the LPC. The first step is a conceptual public hearing, during which the project‘s ―Area of
Adjacency‖ is established by the LPC. The identification of ―adjacent‖ designated and eligible resources is
key to this process because it ultimately dictates whether the standards in 3.4.7 apply. The term ―adjacent‖
is defined in Section 5.1.2 of the Land Use Code as:
Adjacent shall mean nearby, but not necessarily touching. The determination of “nearby”
shall be made on a case-by-case basis, taking into consideration the context in which the
term is used and the variables (such as but not limited to size, mass, scale, bulk, visibility,
nature of use, intensity of use) that may be relevant to deciding what is “nearby” in that
particular context. Adjacency shall not be affected by the existence of a platted street or
alley, a public or private right-of-way, or a public or private transportation right-of-way or
area.
Therefore, identification of adjacent resources is considered on a case-by-case basis to establish the Area
of Adjacency. The Area of Adjacency determination requirements are not fully described in the ordinance,
but the city‘s website explains the process in more detail. All designated landmarks are included in the
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 68
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 59
initial Area of Adjacency, and all nearby properties 50 years or older are then evaluated for their potential
eligibility (although this determination may be non-binding and is for decision-making purposes if the
property owner is not the applicant for the determination request). There is no set distance that defines
the extent of this study of eligibility. The eligible properties and the designated properties ultimately
compose the final Area of Adjacency. A final review of the project based on the standards in Section 3.4.7
is then held either at a subsequent final hearing, or at the same meeting as the conceptual review.
City staff notes that, in order for the LPC to complete their review and make a recommendation, staff must
provide assurance that the overall review of the development proposal has progressed sufficiently to the
point that no other substantive building or site design changes are likely to occur. This requirement stems
from the fact that the historic resources review component of Development Review is most helpful in the
initial round of application review, rather than as a final step in the process.
The LPC reviews projects based on the standards in Section 3.4.7 related to new construction, demolition,
reuse, renovation, alterations, and additions. The new construction standards are intended to guide
compatible infill and cover the following topics:
1. Height, Setback, and Width of New Structures
2. Design Characteristics (horizontal elements, window patterns, and entrance patterns)
3. Building Materials
4. Visual and Pedestrian Connections
5. Landscaping
After the LPC makes their advisory recommendation, the decision-maker considers that recommendation
in their subsequent review of the project.
The majority of cities we studied do not have a process for reviewing the compatibility of new infill
development with nearby historic resources. We reached out to preservation and planning staff from each
of the peer cities to confirm whether they have this type of process, and if so, how it has been working. Of
the peer cities listed at the end of this report, both Madison and Santa Barbara have programs similar to
Fort Collins‘ Development Review process and are discussed immediately below. A few of the other
communities also have processes with some similarities and are noted at the end of this section. In both
Santa Barbara and Madison, a city board reviews projects for compatibility when a project is adjacent to a
historic resource and the board provides an advisory recommendation to a further decision-maker, much
like Fort Collins.38
38 Madison 28.144; Santa Barbara Historic Landmarks Commission General Design Guidelines & Meeting Procedures and
Architectural Board of Review General Design Guidelines & Meeting Procedures
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 69
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 60
Madison has been reviewing all development ―adjacent to a landmark‖ since 1996 based on the section of
their zoning code excerpted below. The city‘s Landmark Commission completes an advisory review of
projects adjacent to landmarks prior to the project‘s review by the city‘s Plan Commission or Urban Design
Commission. The city unfortunately did not return requests to learn more about the efficacy of the
process, but did not mention major issues in our brief initial discussion.
28.144. Development Adjacent to a Landmark or Landmark Site.
Any development on a zoning lot adjoining a landmark or landmark site for which Plan Commission or Urban
Design Commission review is required shall be reviewed by the Landmark Commission to determine whether
the proposed development is so large or visually intrusive as to adversely affect the historic character and
integrity of the adjoining landmark or landmark site. Landmark Commission review shall be advisory to the
Plan Commission and the Urban Design Commission.
In 2008, Santa Barbara adopted a compatibility analysis tool in their zoning code that included a general
requirement of ―sensitivity to adjacent landmarks and historic resources.‖ The full project compatibility
analysis is excerpted below.
22.22.145 Project Compatibility Analysis
B. Project Compatibility Considerations.
In addition to any other considerations and requirements specified in this Code, the following criteria shall
be considered by the Architectural Board of Review when it reviews and approves or disapproves the
design of a proposed development project in a noticed public hearing pursuant to the requirements of
Chapter 22.68:
1. Compliance with City Charter and Municipal Code; Consistency with Design Guidelines. Does the
project fully comply with all applicable City Charter and Municipal Code requirements? Is the project‘s
design consistent with design guidelines applicable to the location of the project within the City?
2. Compatible with Architectural Character of City and Neighborhood. Is the design of the project
compatible with the desirable architectural qualities and characteristics which are distinctive of Santa
Barbara and of the particular neighborhood surrounding the project?
3. Appropriate size, mass, bulk, height, and scale. Is the size, mass, bulk, height, and scale of the project
appropriate for its location and its neighborhood?
4. Sensitivity to Adjacent Landmarks and Historic Resources. Is the design of the project appropriately
sensitive to adjacent Federal, State, and City Landmarks and other nearby designated historic
resources, including City structures of merit, sites, or natural features?
5. Public Views of the Ocean and Mountains. Does the design of the project respond appropriately to
established scenic public vistas?
6. Use of Open Space and Landscaping. Does the project include an appropriate amount of open space
and landscaping?
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 70
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 61
In our discussions with Santa Barbara staff, they noted that the criteria in the project compatibility analysis
alone did not provide the boards with enough guidance and that incompatible development was still
being approved by both commissions. Approved adjacent development was particularly incompatible.
To help address these concerns and provide more specific guidance, the city recently adopted new infill
design guidelines to guide decisions by both their Historic Landmark Commission and Architectural
Review Board regarding infill development adjacent to historic resources. These design guidelines have
been incorporated in each commission‘s adopted General Design Guidelines and Meeting Procedures
documents. The city‘s Architectural Review Board (not their Historic Landmark Commission) reviews
projects that are adjacent to historic resources. However, the infill design guidelines for the Architectural
Review Board are identical to those for the Historic Landmark Commission.
The following excerpt from the General Design Guidelines and Meeting Procedures document shows the
applicability of the infill design guidelines and the standards that are used to evaluate the compatibility of
infill projects:
1.2.3 Infill Projects. Infill development projects involving historic resources shall preserve, protect, and enhance
those resources. Projects on sites adjacent to historic resources shall respect and be compatible with the adjacent
resources.
A. Project Sites Containing Historic Resources: If a project parcel contains potentially historic or designated
historic resources the project shall be reviewed by the Historic Landmarks Commission (HLC). The Urban
Historian can assist the HLC by identifying particular issue areas where the proposed development must show
consideration and sensitivity to historic resources on the site.
B. Projects Adjacent to Historic Resources: The HLC is the review body for all projects within El Pueblo Viejo
Landmark District or another landmark district. In all other areas of the City, the ABR is the review body for
projects adjacent to historic resources, and will follow this section of guidelines.
This section of guidelines helps to ensure that infill development is appropriately sensitive to adjacent historic
resources, is compatible, and maintains a balance between historic resources and new construction.
It is recognized that not all techniques or approaches are appropriate or practical for every development
project. Consultation with the City Urban Historian is required to determine which of the design techniques
and approaches listed below should be followed to demonstrate sensitivity to historic resources:
1. Architectural styles of new or remodeled buildings should be compatible and fit with the character of
adjacent structures.
2. Special consideration shall be given to setbacks for projects adjacent to historic resources and/or historic
patterns of development to be compatible with other historic resources on the street.
3. Design interior setbacks to maintain an appropriate distance to provide views to the resource,
appropriate light and air, and avoid impacts such as crowding or looming over adjacent historic
resources.
4. Location of parking and garages should be sensitive to adjacent historic resources.
5. Orient the front entrance of the building to the street and clearly identify the front entrance unless this is
not the predominant pattern on the street.
6. Larger buildings should be stepped down in height as they approach smaller adjacent historic resources.
7. Design the front façade to appear similar in scale with adjacent historic resources.
8. Align foundation and floor-to-ceiling heights to be sensitive to adjacent historic structures.
9. Align eaves, cornices, and ridge lines to be compatible with those of the neighboring historic structures.
10. Design the front of buildings to have a similar rhythm and pattern of window and door openings as
those of the existing streetscape.
11. Incorporate materials and colors similar to those traditionally used in neighboring historic structures.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 71
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 62
In interviews, the staff stated that the new adopted guidelines are working well thus far, but that most
projects are not able to meet each guideline, so they have found that flexibility in the application of the
guidelines is necessary.
Other cities similarly seek advisory reviews from their preservation commissions when development
occurs near historic resources for circumstances that require their expertise. Syracuse does not have a
specific process described in their zoning code, but we learned from city staff that the Zoning
Administrator will refer zoning applications to the Landmark Preservation Board if a project is in close
proximity to a sensitive property or district. Somewhat similarly, Lincoln‘s Historic Preservation
Commission advises the city on public projects that are in close proximity to designated historic districts
or National Register properties.39
We also found a few other relevant approaches taken by cities that were not in our initial peer-city review.
For instance, some cities regulate properties that are within a specific distance of a designated resource.
The city of Brownsville, Texas, designates ―secondary historic sites,‖ which function similarly to Structures
of Merit.40 One of the criteria for a secondary historic site is location within 300 feet of a local, state, or
federal historic resource that positively contributes to the historic value of the designated resource. This
extends a certain level of protection to these nearby sites as well and is clear as the properties are given
their own particular designation.
A similar geographically focused method is currently used in Albuquerque, New Mexico. All exterior
changes to properties within 300 feet of the historic overlay district are reviewed through a Certificate of
Appropriateness process identical to that required for a designated resource. However, it is important to
note that Albuquerque is in the process of rewriting their zoning code and officials are proposing to
eliminate this process. They have found that the process is unpredictable for property owners because
they do not have a map or tracking system that identifies which properties are subject to this review and
that permits are issued accidentally without going through this review as a result.41
39 Lincoln 4.36.030
40 Structures of Merit are discussed in the Topic A report.
41 Brownsville 348-1513; Albuquerque 14-16-2-25(E)
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 72
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 63
Fort Collins‘ Development Review process for new infill near historic
resources is fairly unique in comparison to the peer cities we
researched. Most cities do not extend preservation review to
properties that are not designated, or review development for impact
on nearby historic (or eligible to be historic) resources. However, in a
variety of ways, several other communities are attempting to address
compatibility issues with projects located near or adjacent to historic
resources. The particular features of the Fort Collins process will be
further compared to other city‘s processes in the following
subsections of this report.
Moving forward, we recommend that Fort Collins clarify the overall
purpose of the Development Review process in order to provide more
certainty to applicants, and to better tailor the extent of the review,
both geographically and by resource type (designated and eligible
properties). These issues are discussed later in this report with more specific recommendations. The
process described in Land Use Code Section 3.4.7(A) and (B) should also be examined for potential
efficiency improvements, particularly the staff time and resources devoted to the case-by-case review of
non-designated resources that do not already have established determinations of eligibility. In addition, it
is important to evaluate which of the current standards have proven most important for ensuring the
compatibility of infill. This analysis will help determine the priorities for modifying the process.
CAC: Agrees. Area of adjacency identifies significant historic properties that could be affected by
new development. These resources provide the context. New development different but
compatible.
LPC: Agrees. Review serves dual goals: 1. Retains eligibility of historic resources; 2. Promotes
compatibility with existing character.
Additionally, the procedural requirements of the process are not currently well-described in Land Use
Code Section 3.4.7. The description of the LPC recommendation process is somewhat buried in paragraph
6 of subsection (F). Because this is within subsection (F), it is not clear whether the LPC would review
properties with changes that relate to subsection (D) or (E) as well. Further, it is not evident what
differentiates a director-level review from a commission-level review. These procedural requirements
should be clarified. In addition, we found the use of ―eligible‖ and ―potentially eligible‖ as two separate
processes to be very confusing and recommend clarifying that aspect of the review.
Similar to a recommendation we made in the previous topic, we believe that using the term
―Development Review‖ for this process is confusing, as it could mean either the entire development
review process or this one step. We recommend establishing a new terminology for this particular point in
Recommendations
Clarify the purpose and
intent of the historic
resources component of the
Development Review
process.
Clarify the procedural
requirements to obtain a
recommendation from the
LPC.
Use new terminology, such
as ―Historic Resource
Compatibility Review,‖
instead of Development
Review.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 73
A. Development Review Process | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 64
the review, whether that is a ―Historic Resource Compatibility Review‖ or something similar. It should be
clearer that this is simply a subset of the overall Development Review process.
CAC: Agrees. Area of adjacency identifies significant historic properties that could be affected by
new development. These resources provide the context. New development different but
compatible.
LPC: Agrees. Review serves dual goals: 1. Retains eligibility of historic resources; 2. Promotes
compatibility with existing character.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 74
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 65
Of the few communities that require preservation review for infill development near historic resources,
most identify geographic boundaries to limit the scope of that review. In addition, some communities
consider impacts to designated resources only, and do not analyze impacts to resources that are merely
eligible for designation.
In Fort Collins, the Development Review process in Section 3.4.7 applies to any project with an on-site
designated or eligible resource or any project that is adjacent to a designated or eligible resource. As
described above, a project-specific ―area of adjacency‖ is determined to establish which properties the
project will be reviewed against for compatibility. The LPC determines the area of adjacency at their first
hearing. We understand that staff typically suggests a geographic area to use for each project based on
nearby proximity to the development site and the scale of the proposed development, but the staff
recommendations are sometimes expanded or reduced by the LPC, which can lead to unpredictability for
applicants. There is a desire to provide more consistency and predictability so that applicants can be
reasonably sure of what will constitute an area of adjacency in the early stages of their project
development.
It is also worth noting that the code differentiates ―adjacent‖ from ―abutting.‖ The current definition of
―adjacent‖ has been in the code since 2004, when an amendment was adopted to distinguish between the
two terms. At the time, staff noted that flexibility was needed in defining what ―nearby‖ means, so the
case-by-case nature of determining adjacency was intentionally placed in the code.
The policy direction in Fort Collins is to extend the Development Review process beyond impact on
designated historic resources; review also extends to consider the impact of new development on any
property that is eligible for local, state, or national landmark or district designation. Staff notes that the
intention for this policy, which has been part of the Land Use Code since 1998, is a reflection of eligible
resources‘ equal contribution to the character of the vicinity of the development site.
Although the LPC‘s recommendation is only advisory, this process extends the typical preservation
protection of local landmarks and historic districts to state and national landmarks and districts that do
not otherwise have local regulatory protection (even advisory). It also extends advisory protection to
properties that are merely eligible to be landmarks or districts.42 This is relatively rare in our experience
and creates some additional challenges, particularly regarding uncertainty as to when and how eligible
properties will factor into the analysis.
42 The Demolition/Alteration Review Process would also protect on-site modification of eligible resources and is discussed in the
Topic D section of this report.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 75
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 66
It is certainly true that other cities develop context-based standards to help protect neighborhood
character, and sometimes definitions of ―character‖ are based at least in part on the surrounding historic
resources. In fact, Fort Collins is currently engaged in a project to develop more context-sensitive and
form-based standards for the downtown area to help ensure the compatibility of infill development.
However, in most cities the application of these types of character-protection standards is not necessarily
tied to determinations of eligibility, or historic preservation at all.
The reviews in both Madison and Santa Barbara are limited to properties that directly abut a historic
resource. In Madison, the advisory review only applies when a development is on a lot that directly
―adjoins‖ a landmark. While ―adjoining‖ is not defined in the code, staff reports that the review is limited
to only properties directly next to an individual landmark. This process does not apply to properties that
are adjacent to historic districts. Similarly, in Santa Barbara the process is limited to properties that are
directly adjacent to the historic resource (both landmarks and districts). City staff believed extending this
review any further would be too administratively difficult in terms of the time it would take and the
number of properties that would then be subject to this review.43
Madison‘s process is more limited than Fort Collins in that only properties near designated landmarks (not
properties that are merely eligible) are subject to review.44 On the other end of the spectrum, Santa
Barbara‘s process is applicable to both designated and ―potentially historic‖ resources as well as
properties that are adjacent to designated and potentially historic resources. Santa Barbara has an
extensive inventory of potentially historic resources that are mapped and included in the city‘s permitting
property information database, so that property owners are aware from the outset of a project that their
property either includes or is adjacent to a potential historic resource (this system also ensures that
building permits are not issued accidentally).45 Staff noted that the inventory includes nearly 600
properties and was assembled based on historic surveys completed in 1978 and 1986. Additional
resources were added in 2013 based on another survey and other resources have been added over time in
a piecemeal fashion.
43 Madison 28.144; Santa Barbara Historic Landmarks Commission General Design Guidelines & Meeting Procedures, Section 1.2.3
and Architectural Board of Review General Design Guidelines & Meeting Procedures, Section 1.4.3
44 Madison 28.144
45 Santa Barbara Historic Landmarks Commission General Design Guidelines & Meeting Procedures, Section 1.2.3 and Architectural
Board of Review General Design Guidelines & Meeting Procedures, Section 1.4.3
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 76
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 67
Fort Collins is unique in extending the geographic area of
preservation review beyond immediately abutting properties. While
this benefits the city‘s overall character protection goals by extending
the reach of compatibility considerations, it does create some
unpredictability and potential for inconsistency.
For instance, the current case-by-case determination of adjacency
could be problematic. It could be larger or smaller depending on the
particular factors of each case, but an applicant may not know that
initially. While it is understandable for the LPC to want flexibility to calibrate the area of adjacency based
on a project‘s perceived impacts, this should be balanced with the applicant‘s need for predictability and
consistency—especially since this is a review of a resource that is not designated.
Moving forward, we recommend the city consider establishing a more consistent and predictable
geographic limit for the historic resource component of Development Review. A better-defined area of
adjacency would give applicants advance notice of the need to integrate certain compatible design
features, rather than having to guess whether or not they are close enough to a historic property, or
whether that property is significant or sensitive enough to warrant heightened review. Applicants would
also likely be less resistant to design modifications that are more compatible with nearby properties if
they were aware of these limitations at the outset of their design process.
In Clarion‘s March 2017 memo ―Defining ‗Adjacency‘ in the Preservation Ordinance,‖ we made several
recommendations for balancing predictability with the flexibility to base adjacency on a project‘s impact.
Some of these recommendations are summarized below:
Define a project‘s radius of impact, which would determine whether a project is considered
―adjacent‖ to historic resources and therefore LPC review is required. The radius of impact should
be based on a list of objective criteria such as height or massing indicating impact.
Remove the term ―nearby‖ from the definition of adjacency and instead use more specific lot
identifiers or specific distance limits.
Tailor the level of review, allowing projects with lesser impacts (using indicators such as height,
massing, or others) to be reviewed by the LPC based on a limited number of issues or within a
certain amount of time, or to simply be reviewed by staff instead of the LPC. A matrix tool could
be developed to illustrate this type of calibrated review.
Building upon these recommendations and based on further research, we propose the following matrix
for discussion purposes. The goal is to better tailor the level and type of review based on a project‘s
impact. In this matrix, more characteristics of compatibility should be considered by the LPC for projects
that are most likely to impact a historic resource, while fewer features must be reviewed for projects that
are less likely to impact a historic resource. The matrix defines a radius of impact that determines the
Recommendations:
Geographic Extent
Establish a consistent and
predictable geographic limit
for the review, such as the
Historic Resource
Compatibility Review matrix.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 77
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 68
properties included in the review based on the height of the proposed structure. We also propose
reviewing impacts on eligible resources only if they abut the proposed development site; this
recommendation is described in more detail in the next section of this report.
HISTORIC RESOURCE COMPATIBILITY REVIEW
PROPOSAL IS ….
OPTIONS FOR COMPATIBILITY
CONSIDERATIONS
Abutting a…
Designated Resource
Height
Setbacks
Massing
Stepbacks
Floor-to-ceiling height
Materials
Windows & doors
Eligible Resource
Height
Setbacks
Massing
Stepbacks
Within 200
feet of a…
Designated Resource:
Proposed building is 3 stories
in height or more
Height
Setbacks
Massing
Stepbacks
Designated Resource:
Proposed building is less than
3 stories in height
Height
Massing
More than
200 feet but
less than 500
feet from a…
Designated Resource:
Proposed building is 3 stories
in height or more
Setbacks
Massing
Designated Resource:
Proposed building is less than
3 stories in height
No compatibility review required.
Abutting = Touching. An abutting condition shall not be affected by the parcelization or division
of land that results in an incidental, nonbuildable, remnant lot, tract or parcel.
Designated Resource = A local, state, or nationally designated landmark or a property within a
local, state, or national historic district.
Eligible Resource = A property that is potentially eligible for local, state, or national landmark
designation or as part of an eligible local, state, or national historic district.
For example, a proposed four-story building that would be within 500 feet of a designated landmark
would be reviewed for compatibility with only the setbacks and massing of the designated landmark. A
project of any size that abuts a designated landmark would be reviewed for compatibility with all of the
listed considerations of the historic building. A two-story project that would be within 500 feet of a
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 69
The compatibility considerations listed in the draft matrix are for discussion purposes only and may be
modified based on the city‘s preservation priorities. Whatever compatibility considerations are ultimately
listed would need to be supplemented by detailed guidelines. The following are some examples of
compatibility guidelines, with ―historic buildings‖ meaning the applicable eligible or designated resources
based on the matrix above. Additional recommendations for clarifying the standards can be found in the
final section of this report.
Height: The height of the proposed structure is visually compatible [or within X amount of
deviation] with historic buildings and does not diminish the exterior integrity of the historic
buildings.
Setbacks: The proposed setbacks of the proposed structure are similar to historic buildings and
do not impact the exterior integrity of the historic buildings.
Massing: The massing of the proposed building is designed to minimize the visual impact on
historic buildings, including creation of shadows and loss of sunlight, and does not impact the
integrity of the historic buildings.
Stepbacks: Height that is taller than historic buildings is stepped back to reduce visibility and
reduce impact on the integrity of the historic buildings.
Floor-to-ceiling height: Floor-to-ceiling heights are similar to historic buildings to minimize
visual impact on historic buildings.
Materials: The proposed materials are visually similar to the predominant materials of the historic
buildings and do not diminish the exterior integrity of the historic buildings.
Windows & doors: In order to minimize negative impact on the integrity of the historic
buildings, the proposed structure has a similar relationship of solids to voids in the historic
buildings, window styles are similar, fenestration patterns are similar, and the location of
pedestrian entrances are similar to those on historic buildings.
For discussion purposes, we propose 200 and 500 feet as radii of impact for the review of projects that are
not abutting but are near designated resources. These were chosen because 500 feet is the approximate
length of a typical east-west block in downtown and 200 feet is the length of about four typically sized
parcels. We recommend measuring these distances from parcel line to parcel line. This is both for ease of
mapping and also so that larger-scale projects (with a larger lot size) that will likely be more impactful will
capture more properties within their buffer areas. This concept is illustrated in the samples below, which
are displayed at the same scale.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 79
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 70
Doing some additional mapping could be very useful in finalizing the radius of impact limits. We
recommend completing a thorough analysis of how large the areas of adjacency used in the past have
been. In practice, we understand that the city typically recommends an area of adjacency that has been
similar to the limits that are recommended, but additional mapping could help confirm that. In addition,
mapping the locations of designated landmarks and known eligible resources would be very helpful in
determining a realistic geographic limit.
In summary, the geographic limits should be made more consistent and predictable and these limits could
be better tailored to a project‘s impacts. We recommend an approach similar to the proposed historic
resource compatibility review matrix, which calibrates the level of review to the radius of impact based on
proximity to a historic resource.
Fort Collins‘ historic resources component of Development Review
applies to many different kinds of properties, ranging from nationally
designated to potentially eligible resources (and the non-designated
properties that are near those resources). The purpose of the review,
per Section 3.4.7, is to protect the integrity and significance of both
on-site and off-site designated and eligible historic resources.
However, in our view it appears that the extension of the review to
eligible resources serves a dual purpose, which is to generally ensure
compatible infill while also specifically protecting the integrity and
significance of the eligible resource. The multiple objectives of this
review perhaps make it more challenging for applicants to understand
the process.
Generally, we believe that the further an infill project is from an
eligible resource, the less likely it is to impact the resource‘s integrity and therefore the resource‘s
potential for future designation. This follows a similar logic to the tiered level of review recommended
Recommendations: Review
of Eligible Resources
Develop context-based
standards that are not
based on eligibility to
ensure compatibility in
certain areas of the city.
Consider reviewing
impact on eligible
resources only if they are
on-site or abutting a
development project.
Focus on survey work to
develop an inventory of
eligible historic resources.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 80
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 71
above for limiting the geographic extent. We recommend tailoring the review of impacts to eligible
properties to only development that directly abuts an eligible property.
CAC: No difference in treatment of designated and eligible properties. Supports set radius,
regardless of height. More review criteria for abutting development. Discussed radius ranging
from abutting only to 500+ feet.
LPC: No difference in treatment of designated and eligible properties. Supports set radius,
regardless of height. More review criteria for abutting development. Support for 200-foot radius –
½ typical block.
To meet the broader purpose of promoting compatible infill development in areas with historic resources,
we recommend exploring other options that might take the place of the LPC review process, or
supplement it. For instance, context-based zoning standards that are based not on a nearby property‘s
eligibility but rather on the area‘s overall character may better serve this purpose. Linking the desire for
compatible development to determinations of eligibility requires staff time and resources to make case-
by-case determinations of eligibility (and area of adjacency) needed to evaluate each project. A more
efficient approach could be to adopt design guidelines or standards for certain areas of the city and
ensure that infill development meets those standards, regardless of nearby historic eligibility. There could
be general compatibility guidelines for these areas and supplementary standards for properties that abut
eligible resources or are nearby designated landmarks or districts.
CAC: Agrees. Building‘s status does not change importance to community. Treating both equally
recognizes contribution to character, offers more predictability, simplifies review.
LPC: Agrees with Clarion and with CAC. Also develop standards & guidelines for different areas
in town based on areas‘ character.
Protecting the integrity of eligible resources is an important goal of this process that is integral to the
purpose of the review overall. However, the process should be better tailored to focus on the impacts of
new development that can cause a nearby property to lose its eligibility. Preventing or mitigating those
impacts should determine the standards used in the process or the compatibility features that are
considered. Conversations with the State Historic Preservation Office may help assist in determining what
types of impacts would most harm a resource‘s eligibility for designation.
In our opinion, nearby (but not abutting) development may impact the integrity of either the setting or
the feeling of an eligible resource, but is unlikely to impact location, design, materials, workmanship, or
association. (These italicized terms are from the National Park Service and are defined below.) It is also
unlikely that nearby development could eliminate an eligible property‘s significance according to Section
14-5 of the Municipal Code.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 81
B. Applicability of Review | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 72
Abutting development is more likely to impact additional aspects of integrity as it may obscure materials
or important aspects of the historic resource‘s design and has a higher probability of impacting the
general setting, feeling, or association of the resource. While infill development on properties that do not
abut historic resources may change the surrounding area, such development is unlikely to negatively
impact a resource‘s integrity to the point where the resource cannot be designated. Therefore, we
recommend only considering the impact of new infill projects that directly abut eligible resources and not
reviewing properties that are nearby but not necessarily abutting.
1. Location: Location is the place where the historic property was constructed or the place where the historic
event occurred.
2. Design: Design is the combination of elements that create the form, plan, space, structure, and style of a
property.
3. Setting: Setting is the physical environment of a historic property.
4. Materials: Materials are the physical elements that were combined or deposited during a particular period of
time and in a particular pattern or configuration to form a historic property.
5. Workmanship: Workmanship is the physical evidence of the crafts of a particular culture or people during any
given period in history or prehistory.
6. Feeling: Feeling is a property's expression of the aesthetic or historic sense of a particular period of time.
7. Association: Association is the direct link between an important historic event or person and a historic
property.
CAC: Disagrees. Retention of context important. Development can be different but should still be
good neighbor.
LPC: Disagrees. Would not promote context - Sense of Place. Development can be different but
should still be reviewed to ensure good neighbor.
In general, it should be a top priority of the city to establish a comprehensive inventory of eligible historic
resources. The case-by-case determination of what is ―adjacent‖ (and then what is eligible in that area)
that is essential to the current process may be challenging to sustain based on the level of staff time and
resources required. The ambiguity of whether or not a property is ―eligible‖ creates another level of
uncertainty behind the current Development Review process. Additional mapping, more comprehensive
survey work, and/or database updates may be necessary to clearly identify eligible properties and thus
provide applicants with upfront notice that they are near eligible resources prior to designing their
project.
While coordinating and managing a survey process would also take staff time and city resources, the work
done upfront to compile this in a holistic manner is sure to pay dividends in the time saved over case-by-
case determinations. Currently, the city is, in a sense, creating a piecemeal historic resources list through
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 82
C. Clarity and Organization | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 73
both this process and the Demolition/Alteration Review process. Greater emphasis should be placed on
proactively studying and inventorying eligible historic resources rather than relying on these incremental
efforts. The time and resources spent determining adjacency and completing reviews of eligibility in
reaction to development proposals would be better spent towards compiling or updating an inventory of
eligible sites or designating eligible resources.
CAC: Agrees. Should be highest priority. This will not work unless surveys and contexts are
getting funding. Need City commitment of on-going funding.
LPC: Agrees. Foundation of all other work. Need funding, staff to manage.
Communities should use clear standards or guidelines that are organized in a user-friendly way for all
types of land use reviews. Since the LPC‘s recommendation regarding Development Review is currently
advisory only Fort Collins, flexible guidelines may be more appropriate than strict standards. Guidelines
should be objective but leave room for creativity and flexibility.
Section 3.4.7 lists the standards for this review. The organization of the section is confusing (probably due
at least in part to multiple revisions made to this section over time), with the following general standards
for review scattered throughout subsection (B):
―To the maximum extent feasible, the development plan and building design shall 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 [subject to this section.]‖
―New structures must be compatible with the historic character of any such historic property,
whether on the development site or adjacent thereto.‖
Subsection (D) describes reuse, renovation, alterations, and additions. These standards are similar to
design review for landmarked properties. It appears that these standards would only apply to properties
with eligible resources (or state/national designated but not local) on site, but it is not clear. If a
designated resource was on-site, the LPC Design Review process would be required. Subsection (E)
describes the standards for demolition. It is not clear how this would serve a different purpose than the
Demolition/Alteration Review process.
Subsection (F) is related to New Construction and forms the standards for compatible infill. The
applicability of this section is confusing and the paragraphs are randomly organized. The subsections
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 83
C. Clarity and Organization | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 74
should be titled. Also, the ―building patterns‖ graphic should be updated or replaced to more clearly
reflect the standards.
The two peer cities that have the most similar types of processes offer two very different examples of
language and organization. Madison‘s approach is simple and merely states that the Landmark
Commission shall review each project ―to determine whether the proposed development is so large or
visually intrusive as to adversely affect the historic character and integrity of the adjoining landmark.‖
Santa Barbara uses 11 guidelines for the review of infill projects (listed earlier in this report) that cover
architectural style, setbacks, parking, entrances, height, scale, floor-to-ceiling heights, architectural
features, window patterns, and materials. The guidelines for each of these topics are fairly general, and
seek ―sensitive,‖ ―compatible,‖ and ―similar‖ features. Because the guidelines are applicable to all areas of
the city, they do not precisely identify the features necessary to be compatible, as they would be able to
do in a fairly cohesive area.46
Several other cities we studied provide other examples of criteria to determine compatibility. We included
an excerpt of the Gainesville‘s criteria for visual compatibility in the Topic B Report. These types of
compatibility standards could be extrapolated to serve as standards for the review of compatible infill on
properties that are not designated.
There are several improvements that could be made to the ordinance
language that establishes the Development Review process. The
standards in Section 3.4.7 are poorly worded and so their applicability
is unclear. The ―general standard‖ in subsection (B) appears to be a
mix of a purpose statement, criteria, and statements of applicability.
Rather than implying applicability through the purpose statement
and the ―general standard,‖ we recommend that the city draft a new a
new, clearer statement of applicability clearly for all of Section 3.4.7. It should include the city‘s preferred
approach to the ―adjacency‖ issue, as discussed above and should integrate the Historic Resource
Compatibility Analysis as the primary standard for approval. This section needs to be redrafted to improve
clarity. The provisions should be reevaluated in light of the earlier recommendations in this report and
should be more clearly tied to the protection of integrity and significance that is stated to be the purpose
of this review.
46 Madison 28.144; Santa Barbara Historic Landmarks Commission General Design Guidelines & Meeting Procedures, Section 1.2.3
and Architectural Board of Review General Design Guidelines & Meeting Procedures, Section 1.4.3
Recommendations
Redraft Section 3.4.7 for
clarity and to improve
organization, clarifying the
purpose, applicability, and
standards of the process.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 84
C. Clarity and Organization | Research Topics
Topic C: Development Review and Historic Resources | City of Fort Collins Historic Preservation Codes & Processes Review 75
Similar to the previous sections of this report, we propose organizational improvements to Section 3.4.7
of the Land Use Code to complement the substantive recommendations that are the principal focus of
this report. Overall, the information in Section 3.4.7 is not well organized and we believe it would likely be
confusing to new code users who are not familiar with the Fort Collins system. The applicability of the
provisions is particularly difficult to discern. Importantly, this challenging organization contributes to a
sense of general ambiguity about the purpose and extent of the process.
When redrafting this section, discrete blocks of information should all be given clear headings and
subheadings. Multi-level lists should be used to help break apart dense blocks of text, rather than burying
important information in lengthy paragraphs. In general, the section should more clearly identify and
distinguish purpose, applicability, process, and standards. Additional graphics would also be useful (e.g., in
describing what qualifies as ―adjacent,‖ or to display examples of compatible development alongside the
standards).
CAC: Agrees.
LPC: Agrees.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 85
Introduction | City of Fort Collins Historic Preservation Codes & Processes Review 76
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 86
Introduction | Background
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 77
This section of the report includes a review of the City of Fort Collins‘ codes and processes related to
―Demolition/Alteration Review‖ and other related topics. The documents reviewed for this report include
Chapter 14 of the Municipal Code, particularly Articles I and IV. This section summarizes the
Demolition/Alteration review process and its effectiveness in protecting eligible historic resources from
demolition and major alterations, discusses several main topics associated with demolition, highlights
relevant approaches used throughout the country, and provides conclusions and recommendations for
improvements in Fort Collins.
As we have recommended in each report, we believe that the organization of Article IV could be
improved. In particular, Section 14-72, which describes the procedure for determining which type of
review applies, is structured in a confusing and overly complex way and could be simplified.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 87
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 78
There are properties in most communities that are informally recognized as significant, perhaps because
of age or unique architecture, yet have not been formally designated as ―historic‖ or worthy of regulatory
protection. Inevitably, some of these properties become candidates for demolition. When this occurs,
many communities, including Fort Collins, require special review prior to their demolition. Sometimes this
review also extends to proposed major alterations that would substantially change the structure‘s physical
integrity, such as removal of a significant portion of the building.
Having this type of review process in place helps ensure that potentially significant properties are not
demolished or substantially modified before they may be considered for formal regulatory protection
through landmark designation. In many communities, this process involves delaying the release of a
demolition or other permit while the review takes place, in order to allow exploration of other
opportunities to preserve the structure. Communities with these programs typically set parameters to
identify the types of demolition permits that will be reviewed (e.g., permits for all properties listed on a
potential resource inventory, or permits for all properties over a certain age).
The Fort Collins Demolition/Alteration review process is triggered upon submission of a permit
application for any property that is 50 years of age or older within the city limits and has not been
designated historic (the Design Review process covered in Report B would be used for demolition and
exterior alteration requests for listed properties). When possible, applicants are encouraged by city staff to
submit demolition/alteration review applications prior to submitting permit applications in order to create
a more predictable and efficient
process and timeline. The review
involves both the demolition and
alteration of structures.
The first step in the review process is
for the Director of CDNS and the LPC
Chair to determine whether the
proposed work is considered a major or
minor alteration. The city‘s website
describes this as a ―historic review‖
(although that term is not actually used
in the ordinance). If the scope only
includes minor alterations, no
additional historic review is necessary. If
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 88
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 79
the work is considered a major alteration (a category of determination which includes partial or total
demolition), the structure is then evaluated for its eligibility for individual designation as a local landmark
to determine whether a final review by the Landmark Preservation Commission (LPC) is necessary. The LPC
must review and approve the alteration or demolition, following a public hearing, if the structure is found
to meet at least one of the standards of eligibility for designation. Alternatively, an applicant may consent
to review by the Design Review Subcommittee of the LPC. If the work is approved by the subcommittee
based on the proposed work‘s compliance with the Secretary of the Interior‘s standards for rehabilitation,
the applicant is not required to take the review to a public hearing at the LPC.
The following definitions in Section 14-1 are integral to the process:
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.
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.
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.
―Integrity‖ is not defined in the definitions section of the ordinance. However, Section 14-5, which
describes the standards for determining eligibility, explains that exterior integrity is based on a
property‘s retention of the seven aspects or qualities established by the National Park Service:
location, design, setting, materials, workmanship, feeling, and association (the individual
definitions of these terms are listed in the Topic C report).
Other than partial or full demolition of a structure, major alterations typically include large additions, front
porch additions or remodels, or façade fenestration changes. Rear additions that are not visible from the
public right-of-way are typically determined to be a major alteration based on their size, massing, bulk,
and structural relationship to the original building. Changes that are automatically considered minor
include changes to decks and patios, rear enclosed porches, changes in window openings, and similar
alterations. The city also authorizes administrative staff to approve minor changes such as reroofing
permits, mechanical equipment, and egress windows without undergoing any level of review by historic
preservation staff. Other alterations such as changes to decks and patios, enclosing rear porches, and
changes in fenestration (dependent on location) can be approved by historic preservation staff without a
demolition/alteration review meeting. These automatic approvals are based on staff discretion and any of
these that are borderline cases can be referred for an official determination if needed.
In the last five years, city staff has processed an average of 618 Demolition/Alteration requests of
buildings 50 years and older per year. Almost all of these were reviewed administratively because they
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 89
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 80
involved either minor alterations or the building was not eligible for individual designation. Each year, an
average of just five major alterations or demolitions proceeded to the Landmark Preservation
Commission, where they are typically approved on the consent agenda as long as the application
materials are complete.
There are no standards enumerated in the code for a LPC decision on the Demolition/Alteration
application. The commission has the option to approve, to approve with conditions, or to postpone
consideration of the application for up for 45 days. Although not described in the ordinance, staff notes
that the current ordinance essentially presumes that approval will be granted if the correct application
materials are submitted, unless the LPC adopts a motion and findings as to why it should instead proceed
to Council. Staff also adds that the presumption is that an application would proceed to Council only if
the LPC or members of the public felt it should be considered for non-consensual designation. The
findings that the LPC should base this decision upon are not codified. This absence of standards implies
(whether intentionally or not) that the LPC is only deciding upon what types of mitigating documentation
or conditions should be added or whether to forward the application on to Council for consideration as a
nonconsensual designation. The intent of this review could be better clarified. If the application is
ultimately approved, the application can move forward through the typical city permitting processes. If
denied, the applicant has the option to appeal the decision to the City Council.
As noted, an applicant may have their application reviewed by the Design Review Subcommittee. If a
resolution is met with the subcommittee, the process ends and the applicant is not required to appear
before the LPC in a public hearing. The Design Review Subcommittee was first established in 2011, and
the ability for the subcommittee to review these applications was added in 2014 in order to shorten
review times. City staff has not tracked how many applications have been reviewed by the Design Review
Subcommittee instead of the LPC. In contrast to the full LPC process, which does not have listed criteria,
the ordinance lists the following criteria to guide the subcommittee‘s review of the application:
(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.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 90
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 81
Several peer cities we studied have similar processes to Fort Collins‘ Demolition/Alteration review. These
types of reviews are almost always decided by the city‘s preservation commission. While it is most
common for cities to limit demolition review to locally designated landmarks or properties within local
historic districts, several cities extend this review to structures that are of a certain age and are potentially
eligible for designation. Additionally, some cities review proposed demolitions of national- or state-
designated landmarks. This extends regulatory protection to nationally or state designated properties that
may not have also been locally designated.
In addition to reviewing the demolition of locally designated properties, the peer cities below have
demolition review processes for the following types of properties:47
Boulder: Structures over 50 years
Cambridge: Structures over 50 years
Denton: Structures on the National Register
Eugene: Structures on the National Register
Gainesville: Structures over 45 years; Structures on the state inventory
Santa Barbara: Structures over 50 years in mapped area; Structures on the Potential Historic
Resource List
Syracuse: Structures on the National Register; Structures on the city inventory
Most cities we studied review only proposed demolitions, not every alteration of these resources.
However, in some cities the definition of demolition includes major alterations that remove a significant
amount of historic fabric. Santa Barbara, for example, considers the removal of significant components or
character-defining elements to be ―demolition‖ (as excerpted below.)
22.22.020 - Definitions.
K. "DEMOLITION." The permanent removal from a structure of either a significant component or a character
defining element, as may be determined by the Historic Landmarks Commission or where appropriate, by the
Community Development Director. Demolition shall include, but not be limited to, the act of pulling down,
destroying, removing, relocating or razing a structure or commencing the work thereof with the intent of
completing the same.
Of the peer cities we studied, Boulder has the most specific definition of ―demolition‖ and incorporates
helpful graphics to demonstrate how alterations may meet the definition of ―demolition‖ without
removing the entire structure:
47 Boulder 9-11-23; Cambridge 2.78.090; Denton 35-221; Eugene 9.0-19; Gainesville 6-19; Santa Barbara 22.22.035; Syracuse VII-8
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 91
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 82
9-16-1 – General Definitions
Demolition or demolish means an act or process which removes one or more of the following. The shaded area
illustrates the maximum amount that may be removed without constituting demolition.
(1) Fifty percent or more of the roof area as measured in plan view (see diagram);
(2) Fifty percent or more of the exterior walls of a building as measured contiguously around the "building
coverage" as defined in this section (see diagram); or
(3) Any exterior wall facing a public street, but not an act or process which removes an exterior wall facing an
alley (see diagram).
A wall shall meet the following minimum standards to be considered a retained exterior wall
(A) The wall shall retain studs or other structural elements, the exterior wall finish and the fully framed and
sheathed roof above that portion of the remaining building to which such wall is attached;
(B) The wall shall not be covered or otherwise concealed by a wall that is proposed to be placed in front of
the retained wall; and
(C) Each part of the retained exterior walls shall be connected contiguously and without interruption to every
other part of the retained exterior walls.
It is common for cities to implement a stay or delay of the release of an approval of a permit in these
types of demolition reviews. This is often used to allow for time to find alternatives to demolition and to
provide additional public notice of the proposed demolition. This delay time may allow for the
designation of the property, or to search for willing purchasers of the building, or to allow the city and
property owner to negotiate solutions for the preservation of the structure. In the peer cities we
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 92
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 83
researched, these delays range from 40 days in Denton to six months in Cambridge. If no alternatives are
found within the delay time, the demolition permit is then released.48
In some cities, the preservation commission is required to concurrently initiate a designation of the
property if they deny a demolition request. In Santa Barbara (shown below), the commission is required to
designate a structure that is denied demolition as a Structure of Merit or initiate the designation of the
structure as a landmark. For partial demolitions of properties that are not currently on the city‘s potential
historic resource list but are determined eligible during a demolition review, the commission is required to
place the property on the potential historic resource list.
22.22.037 Demolition of a Listed Historic Structure.
B. AUTHORITY TO PROHIBIT THE DEMOLITION OF A POTENTIAL CITY HISTORIC RESOURCE.
The Commission may appropriately condition the demolition or partial demolition of a structure, site, or natural
feature listed on the Potential Historic Resources List as necessary to mitigate the potential loss of Historic
Resources resulting from the demolition or partial demolition. However, the Commission may not deny an
application to partially or completely demolish a listed structure, natural feature, or site unless the Commission
undertakes one of the following actions:
1. initiates and completes the designation of the structure, natural feature, or site as a City Structure of Merit, or
2. the Commission adopts a resolution of intention recommending the designation of the structure, site, or
feature as a City Landmark to the City Council pursuant to the Landmark designation processes and notice
requirements established by this Chapter.
Many cities allow exceptions to demolition review if the applicant demonstrates ―economic hardship.‖ In
other words, the demolition may be allowed if the applicant is able to prove that the structure is not
economically viable and the costs of rehabilitation or reuse are unreasonable.
Determining whether all potential economic options have been considered can involve a complex
determination based on extensive background data. Communities with economic hardship provisions
typically identify a list of economic data to support any claim of hardship, and place the burden of proof
on the applicant to prove a hardship exists. Because preservation commissioners may not be equipped to
evaluate these claims of economic hardship, many communities bring in outside experts to help in the
determination.
For example, in Salt Lake City (not one of the peer cities reviewed in these reports), the landmark
commission establishes a three-person economic review panel composed of real estate and
redevelopment experts to evaluate claims of economic hardship. The commission and the applicant
respectively choose one of the panel members and they must agree upon the third member. The panel
evaluates the application in an open meeting and may convene a public hearing to receive additional
testimony. Standards used to make the determination are related to the applicant‘s knowledge of the
48 Denton 35-221; Cambridge 2.78.090
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 93
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 84
property‘s historic designation, the property‘s level of economic return and marketability, the feasibility of
alternative uses, and the availability of economic incentives.49
Other cities, such as Gainesville, rely on their preservation board to determine economic hardship, but
clearly list the detailed materials required of the applicant, as shown below:
Sec. 6-19. - Waiting period for certain demolition permits.
(d) At the next regularly scheduled meeting not less than ten days after the referral is received, the historic
preservation board may waive the demolition delay if the applicant can demonstrate economic hardship, with
consideration given to the economic impact of the delay on the applicant and the reasonableness of the applicant
carrying out the decision of the board.
(1) In the event that economic hardship due to the effect of this section is claimed by an owner, the historic
preservation board may require from the property owner any or all of the following information before it makes
a decision on the application, as long as such information is relevant for the historic preservation board to
decide whether an economic hardship exists:
a. A report from a licensed engineer, contractor or architect with experience in rehabilitation as to the structural
soundness of any structures on the property and their suitability for rehabilitation;
b. The estimated market value of the property in its current condition, after completion of the proposed
demolition, and after redevelopment of the existing property for continued use;
c. An estimate from an architect, licensed contractor, real estate consultant, appraiser, or other real estate
professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the
existing structure on the property;
d. The amount paid for the property, the date of purchase, and the party from whom purchased, including a
description of the relationship, if any, between the owner of record or applicant and the person from whom
the property was purchased, and any terms of financing between the seller and buyer.
(2) If the property is income-producing, the historic preservation board may also require:
a. The annual gross income from the property for the previous two years, itemized operating and maintenance
expenses for the previous two years, and depreciation deductions and annual cash flow before and after debt
service, if any, during the same period;
b. The remaining balance on any mortgage or other financing secured by the property and annual debt service,
if any, for the previous two years;
c. All appraisals obtained within the previous two years by the owner or applicant in connection with the
purchase, financing or ownership of the property;
d. Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two
years;
e. The assessed value of the property according to the two most recent assessments;
f. The real estate taxes for the previous two years;
g. The form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit
corporation, limited partnership, joint venture, or other;
h. Any other information considered necessary by the preservation board to a determination as to whether the
property does yield or may yield a reasonable return to the owners.
(e) After invoking a demolition delay, the historic preservation planner shall post the subject property with a sign
notifying the public of the owner's intent to demolish the structure in order to allow interested parties to come
forward and move the structure upon consent of the owner.
49 Salt Lake City 21A.34.020(K)
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 94
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 85
Although economic hardship considerations are typically considered in the context of historic building
demolition in most cities, they could also in theory be applied to other processes. For example, economic
hardship could be considered in the larger Fort Collins development review process, set forth in Section
3.4.7 of the Land Use Code, which requires applicants to retain and adaptively reuse eligible buildings on
the development site ―to the maximum extent feasible.‖
Some cities give their preservation commission the discretion to deny a demolition or alteration proposal
for the community‘s most important historic properties, as opposed to merely delaying such projects.
Denials are appealable to the city council. Most of the peer cities have the authority to deny requests to
demolish landmarked properties, but only authorize the delay of the demolition of potential resources.
Only Santa Barbara and Syracuse expressly authorize their commission to deny demolition of potential
resources. But as noted above, these denials must happen concurrently with a designation. Adding the
authority to explicitly deny demolition/alteration of eligible properties (rather than de facto deny through
nonconsensual designation) would likely be considered a policy change in Fort Collins and thus is beyond
the scope of immediate recommended changes.50
Fort Collins‘ Demolition/Review process is comparable to many of
the cities that we studied. Several aspects are noteworthy:
First, the option in Fort Collins for an application to be reviewed by
the Design Review Subcommittee rather than the LPC is a good
practice that offers the potential to shorten review times and provide
helpful feedback, and we recommend maintaining this option.
However, there are a few improvements to the subcommittee review
process that could be implemented. Fist, the subcommittee‘s role
and the reasoning behind some projects being considered by the
subcommittee rather than the LPC should be better explained in the
code (Section 14-72(b) and (d)). It may be helpful to set parameters
for precisely which types of applications may be considered by the
subcommittee, rather than leaving it up to the applicant‘s discretion.
Also, it would be helpful to track the number and type of projects
reviewed by the subcommittee. This information could be reviewed
at regular intervals in the future and could lead to suggestions for improvements or updates to code
standards.
50 Santa Barbara 22.22.035; Syracuse VII-8
Recommendations
Clarify the role of the Design
Review Subcommittee.
Consider using a decision
matrix to more clearly
differentiate between minor
and major alterations.
Reevaluate criteria for
approval and potentially add
an economic hardship
determination.
Consider increasing the
amount of time that the LPC
can delay a decision in order
to find alternatives to
demolition.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 95
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 86
CAC: Agrees. LPC members participating in DRS should still be able to participate in later LPC
hearings on item, like DDA does.
LPC: Agrees. LPC members participating in DRS should be able to participate in later hearings on
item. DRS should be utilized more, offered as alternative to conceptual design review of changes
to landmarks and for preliminary reviews of new development.
The availability of an administrative review process is a good practice. However, similar to our
recommendation in the Topic B section of the report related to Design Review, we suggest that the
difference between minor and major alterations be better explained in the code. The current definitions
rely on impacts to integrity and require case-by-case review of each modification to determine the
appropriate process. The same or a similar matrix as we recommended for Design Review could be used
to determine the scope of the alteration. This would increase predictability for applicants and improve the
efficiency of processing Demolition/Alteration Review applications, since the individual determination of
whether an alteration is minor or major can unnecessarily consume significant staff time. Since Fort Collins
applies Demolition/Alteration review to all structures that are 50 years or older and Fort Collins
experienced significant growth in the late 1960s and 1970s, making this process administratively efficient
will be imperative in the coming decade as more properties reach the age where they are potentially
significant. It is worth noting that some cities around the country have set a specific date of construction
as the benchmark for whether a review is required (for instance, only buildings built before 1970 are
reviewed, rather than any buildings over 50 years of age); that date can be sunsetted, which allows for
periodic adjustments. In addition, other cities determine a geographic area within which the review‘s
applicability is limited.
CAC: Agrees.
LPC: Agrees.
The approval criteria for LPC decisions in the demolition process should also be reviewed and updated to
provide more certainty and consistency. Although it is relatively rare for a Demolition/Alteration review
application to require LPC approval, it is critical that objective standards be established upon which the
LPC can base its decisions. The ordinance does not clearly explain the LPC‘s options or the standards they
should use in reviewing a demolition/alteration application. While staff notes that the LPC is only
reviewing applications to determine potential mitigating conditions of approval or to forward the
application to Council to consider a nonconsensual designation, the ordinance does not currently
accurately describe this intent or the limitations of the LPC‘s review. In addition, there could be greater
consistency in the criteria used by the subcommittee and the LPC. The current ―considerations‖ used by
the subcommittee are not mandatory standards to be met–only factors for the subcommittee to
―consider‖ that could be evaluated along a wide spectrum of acceptability.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 96
A. Demolition/Alteration Review Process | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 87
We also recommend considering the inclusion of an economic hardship determination. Such a process
could offer an extra type of relief valve in unusual situations where applicants feel the regulations unduly
limit their options for their property. Whether the LPC or a separate panel is used to make these
determinations, the materials required of the applicant and the standards used to determine economic
hardship must be made clear. The burden of proof in claiming economic hardship should be placed on
the applicant.
CAC: Disagrees with Clarion. Does not support adding economic hardship as a criterion. Very
difficult, adds complexity. Potentially unfair; different results between savvy investors with large
portfolios, lawyers and accountants, vs Mom and Pop owners. Support developing intermediate
options for LPC between must approve or non-consensual landmark designation.
LPC: Disagrees with Clarion. Does not support adding economic hardship as a criterion. Noted
that this is Council policy, affects all city codes. Agrees with developing intermediate options
between two extremes.
The LPC‘s authorization to postpone a decision on a demolition/alteration application by up to 45 days is
on the shorter end of time periods of the cities we studied that allow for a delayed decision. However,
when coupled with the 180-day interim control period (should a property be ultimately considered for
designation by the City Council), the time limitations are similar to other cities we studied. Fort Collins
may want to consider whether the 45-day continuation period for the demolition/alteration review
process allows for enough time to seek other options for a property that would not be forwarded to the
Council for potential designation (for example, exploring the potential for material salvage, moving the
building finding a new owner, or incentives to encourage adaptive reuse). It would also be useful to
develop a variety of tools (financial incentives or otherwise) that could help the LPC in negotiating
outcomes that can preserve more of a property‘s history.
CAC: Agrees. Concern that easy to miss deadline, such as by a meeting cancelled for weather or
lack of quorum. Make sure timing is adequate.
LPC: Agrees. Staff needs to address as part of review of overall timing.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 97
B. Determinations of Eligibility | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 88
Many cities maintain inventories of properties that have been determined to be eligible for designation,
either through a survey or other means, but have not yet been formally designated. Such lists are
important in the context of demolition review: If a property that may be demolished is not designated, the
first step is typically to evaluate its eligibility for designation, and that step is quicker and more efficient if
a list of eligible resources already exists.
It is important that cities proactively evaluate structures for potential historic significance even beyond
case-by-case demolition reviews. These proactive evaluations could happen during citywide or area
surveys, as discussed in the Topic A report. While a survey is just a first step toward affording a structure
or district protection under an ordinance and provides no formal protection on its own, it does offer early
notice to property owners that demolition review may be required. Providing early notice to a property
owner helps ensure that preservation principles are considered early in the planning for a development
project. In contrast, waiting to determine eligibility once an application has already been submitted means
that preservation may take a back seat to other development goals. It also may add controversy and
politicize the historic evaluation.
The City of Fort Collins identifies eligible historic resources through survey work, during the course of the
Demolition/Alteration Review process, and during the Development Review process. Historic surveys can
identify properties that are potentially eligible and can either recommend a property for further research,
or determine that the property is eligible for designation based on the survey research. Property owners
can also simply apply for a determination of their property‘s eligibility outside of any process. In Fort
Collins, a determination of eligibility is valid for five years. Prior to 2014, determinations of eligibility were
only valid for one year – the period of validity was increased as part of an overhaul of the preservation
ordinance intended to improve historic review processes.
Knowing whether a property is eligible for individual designation determines what types of historic review
processes are required. Determinations of eligibility essentially have created an additional class of
protected properties in Fort Collins. Applications involving eligible properties must go through the
Demolition/Alteration process described above, and all new construction is reviewed for compatibility
with and preservation of eligible properties through the Development Review process.
Fort Collins‘ identification of separate levels of eligibility is somewhat unique. Only properties that are
individually eligible for designation are subject to the Demolition/Alteration review process; properties
that are only eligible as a contributing property within a potential historic district are not subject to the
Demolition/Alteration review process. This distinction was added into the code in 2002. Of the peer cities
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 98
B. Determinations of Eligibility | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 89
reviewed in this report, Gainesville is the only similar city in which levels of eligibility impact the
applicability of different processes; the city‘s demolition by neglect rules apply only to landmarks or those
contributing to a district, not to noncontributing properties.51
Fort Collins, like many cities, uses historic surveys to identify potentially eligible historic resources.
However, according to city staff, Fort Collins has surveyed fewer than 2,500 of the estimated 19,000 older
buildings in the city. The majority of these surveys were completed in the 1980s and 1990s. The city‘s
most recent survey work was completed in 2017 and focused on the Loomis Addition near downtown.
Over 250 properties were surveyed and 121 were identified as qualifying as local landmarks. Other surveys
completed in the past have focused on particular historic or architectural themes, including agricultural
buildings in the urban growth area, the old fort site, postwar development, Quonset huts, schools, and the
sugar factory neighborhoods. Most of these surveys were undertaken at a ―reconnaissance level,‖
meaning they are high level and merely recommend some properties for further study, rather than going
into detail and identifying eligibility for particular buildings.
The city is moving towards compiling their previous determinations of eligibility and making that
information available to the public. For instance, the city has been tracking the results of decisions made
on Demolition/Alteration Review applications and posting these on their website since 2016. We also
understand from city staff that there is an internal spreadsheet that is used to track the determinations
that have been made. This work could help supplement the determinations of eligibility that have been
made during historic surveys. Additionally, we understand that in early 2018 a GIS map of recent
determinations of eligibility made through both survey work and the official determinations will be
available to the public. The public will be able to see those properties, as well as designated local
landmarks and properties listed on the state and national registers, via the city‘s online GIS portal, ―FC
Maps.‖52
In many other cities, determining eligibility is merely a portion of the overall demolition review and does
not establish an independent level of protection for the property that applies in other reviews, as it does
in Fort Collins. For example, in both Boulder and Gainesville, structures are evaluated for their eligibility
during the demolition review process. In Cambridge, buildings are determined to be ―preferably preserved
significant buildings‖ during the review of a demolition of any property over 50 years of age. None of the
other cities we studied have an expiration of these determinations of eligibility like Fort Collins‘s five-year
period of validity.53
Some cities complete inventories or lists of properties that have been determined to be eligible for
designation. These cities have the support of detailed survey work that assists in creating the inventories.
For example, Gainesville uses an inventory created by the State of Florida, and Syracuse relies on a past
citywide inventory. Santa Barbara maintains a Potential Historic Resource List and explains the process of
51 Gainesville 30-112
52 https://www.fcgov.com/historicpreservation/review-list.php
53 Boulder 9-11-23; Gainesville 6-19; Cambridge 2.78.090
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 99
B. Determinations of Eligibility | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 90
creating this list in great detail in their code. 54 Properties must either be identified by a survey or by a
commission member and a public hearing is held to put them on the list. If a survey identifies a property
as eligible for designation, that property must be put on the potential historic resource list within a year or
it is deemed to be ineligible.55
22.22.030 - The Preparation and Use of Historic Resource Surveys; Identification of Potential Historic
Resources for Possible Designation as a City Landmark or a Structure of Merit.
A. POTENTIAL HISTORIC RESOURCES LIST. The Historic Landmarks Commission, acting with the administrative
support of Community Development Department staff, shall periodically review, amend, and maintain a
master list of potential Historic Resources within the City.
D. LISTING OF STRUCTURES, SITES, AND NATURAL FEATURES ON THE CITY'S POTENTIAL HISTORIC
RESOURCES LIST.
1. Use of Survey Identifications. Those structures, real property sites, or natural features identified through
the survey process established by Subsection (B) hereof as having potential for designation as a City
Historic Resource shall be considered and acted upon by the Commission for official listing on the City‘s
Potential Historic Resources List at a noticed hearing conducted in accordance with subsection (E) below
held not more than one year after the identification of the structure, real property site, or feature through
the completion of the Survey process for that area of the City. Pending a hearing on possible listing
initiated pursuant to this subsection (D), the Community Development staff may arrange for the
preparation of an expert Historic Structure/Site Report regarding the possible Historic Resource
significance of the structure, site, or feature. Such report shall be prepared in accordance with the
requirements of the MEA Historic Resources Guidelines. The failure of the Commission to list an identified
structure, site or feature within the one year time frame required by this subsection shall constitute a
determination by the Commission that the structure, site, or feature is not appropriate for listing on the
City‘s Potential Historic Resources List, unless a delay beyond one year is at the specific written request of
the owner of the real property being considered for listing.
2. Commissioner Historic Resource Identification Requests. Those structures, real property sites, or natural
features identified as a result of a Commissioner request as having a potential for designation as City
Historic Resources pursuant to Subsection (C) above shall be considered and acted upon by the
Commission for listing on the Potential Historic Resources List at a noticed hearing conducted in
accordance with subsection (E) below held not more than one hundred twenty (120) days after the date
of the filing with the Community Development Director of the written request by a Commissioner
pursuant to subsection (C) hereof. Pending a hearing on a possible listing initiated pursuant to this
subsection, the Community Development staff may request the preparation of a report prepared by the
City‘s Urban Historian regarding the possible Historic Resource significance of the site, structure, or
feature.
Although Denver is not one of the peer cities studied for this report, it is also helpful to study the City and
County of Denver‘s ―Certificate of Non-Historic Status‖ process. Property owners in Denver who want
increased certainty about their property may apply for this certificate prior to submitting a demolition
application. City staff then reviews the property for potential eligibility for local designation. If the
property is deemed not to be eligible, a Certificate of Non-Historic Status is issued, which remains in
effect for five years. In this time, the property owner may submit a demolition application without
54 The Santa Barbara Potential Historic Resources List is available online at this link.
55 Gainesville 6-19; Syracuse VII-8; Santa Barbara 22.22.030
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 100
B. Determinations of Eligibility | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 91
requiring further preservation review. Additionally, no designation application for the property may be
processed during this time.56
Unlike several of the peer cities we studied, a determination of
eligibility in Fort Collins creates a certain level of protection for
properties because it spurs Demolition/Alteration review if demolition
or a major alteration is proposed. It also triggers additional
compatibility and preservation review during the Development
Review process, as discussed in the Topic C section of this report (in
Section 3.4.7 of the Land Use Code).
Because the determination of eligibility has such significance in Fort
Collins processes, we believe these determinations should be
recorded in an inventory or list that is available to residents and
property owners. This would greatly improve the predictability of the
processes that then apply to these properties. This inventory can
build upon the work that the city has already begun in compiling all past determinations of eligibility. The
inventory will also need to be supported by additional surveys of the city. The city should place greater
emphasis and focus on surveying properties that have not yet been surveyed and creating this list. It will
be important to complete additional intensive-level survey work of the older buildings in Fort Collins to
help proactively determine the eligibility of these properties. The city is already on the path to achieving
this with the previously mentioned GIS map that will be available early in 2018.
To formalize this updated inventory, Fort Collins could take the approach that Santa Barbara takes and
require a public hearing. This would involve adopting all current determinations of eligibility at once at a
hearing, which would be thoroughly noticed and provide property owners an opportunity to comment
before the inventory is adopted. Ideally, most of the inventory could be created at one time, and it would
conceivably be a relatively rare occurrence to add more properties to the inventory. Future additions to
the inventory would then require additional hearings. The hearing would provide greater opportunities for
public input in creating the inventory. Another option would be for staff to add properties to the
inventory and allow property owners to appeal their listing to the LPC. This may be easier from an
administrative perspective. Like Santa Barbara, a time limit should also be established in which a property
identified as eligible for designation in a survey must be placed on the inventory.
CAC: Strongly agrees. Notes that each of Clarion‘s reports states need for far more survey.
LPC: Strongly agrees. Would greatly benefit predictability; aid developers and property owners.
56 Denver 30-6
Recommendations
Focus on completing survey
work to proactively identify
eligible resources.
Create an inventory of
eligible historic resources.
Reconsider the five-year
period of validity. Consider a
process for property owners
to obtain a certificate of
ineligibility with a five year
limit on validity.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 101
C. Demolition By Neglect | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 92
We also recommend reconsidering the five-year period of validity for determinations of eligibility. There
are benefits and downsides to establishing time limits on determinations of eligibility. The main benefit of
having a time limit on the listing of eligible properties on an inventory is that it would require the city to
continuously update their surveys or risk that eligible properties would lose the protection that eligibility
currently provides. However, this may be unrealistic administratively for some cities and therefore would
provide little value. But, it is also important to have some expiration for declarations of non-historic
eligibility, as properties may gain historic significance over time.
A slightly different, alternative approach might be to develop an inventory of eligible resources that would
provide greater predictability. All properties that have been determined eligible for designation at any
time could be listed on such an inventory. There would be no set expiration period for the eligibility
determination. If a property is not listed on the inventory (or the owner contests its eligibility), property
owners could apply for something similar to Denver‘s Certificate of Non-Historic Status to ensure that
their property is not put on the inventory for five years and therefore is not subject to
Demolition/Alteration review. Like Denver‘s certificate, this could also ensure that designation
proceedings for the property could not be initiated within this time limit. This would give owners of
property that have not been included in the inventory of eligible resources assurance that they would not
be subject to preservation requirements for at least five years.
CAC: Clarify. Clarion appears to say that all buildings are eligible until determined not to be. Not
sure how this would help. Request more information.
LPC: Currently no presumption of a building‘s eligibility. More information needed to understand
why Clarion recommends this change.
Clarion Response: Clarion has modified the language in the above paragraph to try and provide
greater clarity on the recommended alternative. However, on further reflection, we also think the
city‘s current approach is sufficient.
Many communities have adopted regulations to protect historic properties from being effectively
demolished by incremental neglect. A wide variety of approaches are taken throughout the country. For
example, a common approach is to permit a specified local agency to take necessary steps to secure a
derelict historical resource against vandalism. Often the local government and its preservation agency
have the power to make repairs and bill the owner when historic properties fall into disrepair. In some
cities, the local preservation commission even has the power to initiate or recommend condemnation
proceedings where demolition by neglect is occurring, allowing the local government to assume
ownership of and begin repairs on neglected properties.
Beyond being more specific as to affirmative maintenance obligations, the preservation ordinance should
also include enforcement procedures that identify authorized personnel who can investigate and report
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 102
C. Demolition By Neglect | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 93
neglected properties to the Commission, the process/timing for issuing notices of violation, and city
authority to correct conditions of neglect and to recoup expenses if the property owner fails to act within
a specified timeframe. Generally, a preservation ordinance will only be as effective as the power and
willingness of the community to enforce it. Ignoring the details of enforcement in a preservation
ordinance may have unfortunate consequences. Enforcement provisions should include remedies for
noncompliance, maintenance and upkeep requirements, and details of how the ordinance should be
administered.
In Fort Collins, regulations preventing demolition by neglect are limited to designated resources. Section
14-53 of the preservation ordinance sets forth minimum maintenance standards that apply to owners of
designated landmarks and all sites, structures, and objects within designated landmark districts. The
minimum standards consist of the International Property Maintenance Code requirements (citywide
standards, not focused specifically on preservation), as well as requirements to keep exterior structural
elements in good condition and free from deterioration and decay. Any violation of the preservation
ordinance is subject to the city‘s general penalties and surcharges for misdemeanor offenses and civil
infractions.
The ordinance also allows the LPC to request that the Director require correction of any defects and
repairs to any designated properties. However, staff notes that the building official has limited ability to
require repairs if the building is adequately secured.
The most typical approach to prevent demolition by neglect is to adopt minimum affirmative
maintenance provisions that require property owners to keep buildings in good condition. Such
requirements identify measures that property owners must take to maintain the physical integrity of the
building and keep it from falling into serious disrepair. Almost every city we studied has similar
regulations requiring maintenance of properties to prevent demolition by neglect. Usually, this
requirement in the preservation ordinance is limited to formally designated properties, like in Fort Collins.
However, Santa Barbara requires maintenance provisions for both landmarks and structures of merit.
Gainesville requires upkeep of both locally designated properties and properties that are contributing to a
local or national historic district.57
All cities have general maintenance requirements not specific to preservation that are incorporated in
their general building code regulations. As an example, Boise is specific about what types of repairs are
required (excerpted below):
57 Santa Barbara 22.22.070; Gainesville 30-112
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 103
C. Demolition By Neglect | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 94
11-05-09(14): MAINTENANCE AND REPAIR REQUIRED; DEMOLITION BY NEGLECT
A. Any property located within an historic district, historic district – residential or designated as a landmark shall be
preserved by the owner, or such other person or persons as may have the legal custody or control thereof,
against decay and deterioration and free from unreasonable structural defects. The owner or other person having
legal custody and control thereof shall repair such resource if it is found to have one or more of the following
defects, or other defects that in the judgment of the Commission has a detrimental effect on the historical
characteristics of the property or district.
(1) The deterioration of exterior walls or other vertical supports;
(2) The deterioration of roofs or other horizontal members;
(3) The deterioration of exterior chimneys;
(4) The deterioration or removal of exterior finishes or fenestration;
(5) The ineffective waterproofing of exterior walls, roofs and foundations including broken windows or doors; and
(6) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition
or conditions.
Some cities, such as Boise, Denton, and Madison, have created hearing processes for determining whether
demolition by neglect is occurring. This establishes processes whereby an owner must complete repairs by
a certain time and if not, enforcement action is taken. In addition, many of the cities we studied specify
that the preservation planning department or the preservation commission must be notified by the
building official when violations are cited or orders are given on landmarked properties.58
Of the cities we studied, Madison has the strictest enforcement provisions for cases of demolition by
neglect. If a court determines that demolition by neglect is occurring (using an initial LPC decision as
evidence), all fines for violations of the ordinance are tripled. The ordinance is excerpted below (with
emphasis added):
41.14 MAINTENENCE OBLIGATION; ENFORCEMENT; PENALTIES.
(1) Maintenance Obligation. Every owner of a landmark, improvement on a landmark site, or improvement in a
historic district shall do all of the following:
(a) Protect the improvement against exterior decay and deterioration.
(b) Keep the improvement free from structural defects.
(c) Maintain interior portions of the improvement, the deterioration of which may cause the exterior portions of
such improvement to fall into a state of disrepair.
(2) Enforcement.
(a) The Building Inspector or designee is authorized to enforce the provisions of this chapter.
(b) The Building Inspector may issue an official written notice to a property owner, requiring the property owner
to correct a violation of Sec. 41.14(1) above by a date specified in the notice.
(c) The Building Inspector shall notify the Preservation Planner of all official compliance notices issued to owners of
landmarks or improvements in historic districts. The Building Inspector shall further notify the Preservation
Planner whenever a property owner fails to correct a violation by the compliance date specified in an official
58 Boise 11-05-09(14); Denton 35-222; Madison 41.15
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 104
C. Demolition By Neglect | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 95
notice.
(d) City agencies or commissions responsible for enforcing Chapters 18, 27, 29, 30 and 3, MGO, or, in the
absence of such city agency or commission, the Building Inspector, may grant individual variances from
those chapters to facilitate historic preservation and maintenance under this chapter, provided that such
variance does not endanger public health or safety or vary any provisions of this chapter.
(3) Penalties. Violations of the provisions in this ordinance shall be subject to a minimum forfeiture of two hundred
fifty dollars ($250) and a maximum forfeiture of five hundred dollars ($500) for each separate violation. A second
violation within thirty-six (36) months shall be subject to a minimum forfeiture of five hundred dollars ($500) and
maximum forfeiture of one thousand dollars ($1000) for each separate violation. A third violation within thirty-six
(36) months shall be subject to a minimum forfeiture of one thousand dollars ($1000) and maximum forfeiture of
two thousand dollars ($2000) for each separate violation. Each and every day during which a violation continues
shall be deemed to be a separate violation. All fines imposed under this ordinance shall be tripled if the Court makes
an additional finding that the subject property is undergoing demolition by neglect as defined by this ordinance. A
finding of demolition by neglect by the Landmarks Commission as provided in Sec. 41.15 below shall be prima
facie evidence of demolition by neglect for purposes of any civil court action.
41.15 DEMOLITION BY NEGLECT.
The owner of a landmark, improvement on a landmark site, or improvement in a historic district, may not allow the
landmark or improvement to undergo demolition by neglect.
(1) Notice of Demolition by Neglect.
If the Building Inspector believes that a landmark or improvement is undergoing demolition by neglect, the
Building Inspector shall give written notice of that belief to the owner of the landmark or improvement. The
Building Inspector shall give a copy of the notice to the Preservation Planner and the Landmarks Commission.
(2) Public Hearing.
Upon receiving a notice under Sec. 41.15(1), the Landmarks Commission shall issue a hearing notice under Sec.
41.06 and hold a public hearing to determine whether the landmark or improvement is undergoing demolition
by neglect. The Commission shall hold the public hearing within ninety (90) days of receiving the notice under
Sec. 41.15(1).
(3) Landmarks Commission Finding.
If, after a public hearing, the Landmarks Commission finds that a landmark or improvement is undergoing
demolition by neglect, it shall report its finding to the Common Council, the Building Inspector and the Office of
the City Attorney. A Landmarks Commission finding of demolition by neglect is prima facie evidence of
demolition by neglect for purposes of any administrative or civil court action, and also constitutes a
determination that a public nuisance exists under Sec. 27.05(3), MGO.
(5) Abatement by the City.
If the Landmarks Commission finds under Sec. 41.15(3) that a landmark or improvement is undergoing
demolition by neglect, the Building Inspector may proceed under the non-summary abatement procedures set
forth in Sec. 27.05(3)(e), to repair the landmark or improvement to abate the nuisance. The cost of the required
repairs shall be paid by the property owner, or shall be imposed as a special charge against the property and
collected pursuant to the provisions of Sec. 4.09(13), MGO, and Wis. Stat. § 66.0627.
(6) Acquisition by City.
If the Landmarks Commission finds under Sec. 41.15(3) that a landmark or improvement is undergoing
demolition by neglect, the Common Council may authorize the City to acquire the property under Wis. Stat. §
66.1111(2), if necessary through the initiation of condemnation proceedings under Wis. Stat. § 32.06.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 105
C. Demolition By Neglect | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 96
Fort Collins should focus on enumerating areas of neglect that could
lead to serious repair costs if left unattended. It is important to be
specific in the ordinance about what types of repairs are most
necessary to preserve a structure. In addition, the city should consider
increasing the penalties for properties that are deemed to be
undergoing demolition by neglect. This could be determined by the
LPC at a public hearing, as seen in the peer city examples. Also, similar
to Madison, each violation within a certain time period should be
considered a separate offense. This may require amendments to
different parts of the Fort Collins Municipal Code in addition to
Section 14-8 and 14-73. Considerations of an applicant‘s economic
hardship, similar to that recommended in the first section of this
report, could be incorporated into the LPC‘s review to provide a relief
valve.
Understandably, most cities are also concerned with preserving the
exterior structural integrity of structures that could be eligible for
historic designation in the future, but have yet to be formally
designated. In the interim, a ―gap‖ condition exists in which properties that may warrant future
designation are not properly maintained and risk losing their integrity prior to formal designation—but
this fact may not come to light until a property owner applies for a permit to physically demolish the
structure.
CAC: Agrees. Proactive enforcement before they become imminently dangerous.
Neglected/dangerous buildings should have to go through city‘s processes, not be able to
circumvent. Also agrees to increase penalties for properties undergoing demolition by neglect.
Way to circumvent City processes. Penalties within certain time frame should also be cumulative
rather than treated as separate incidents.
LPC: Agrees with CAC. Noted that how repairs are done could damage integrity of building.
Agrees with CAC about penalties. Used as way to circumvent City processes.
One potential resolution for this issue may be to use the inventory of eligible resources list that is
recommended in the previous section of this report. After creating such an inventory, the city can then
incorporate language in the minimum maintenance requirements that extend the minimum maintenance
requirements to all eligible properties listed in the inventory. Using the inventory to clearly and
predictably define a new class of properties would allow Fort Collins to then extend affirmative
maintenance requirements to that new class. Then, staff can prioritize monitoring of exterior structural
Recommendations
Specify the types of repairs
that are required to prevent
demolition by neglect.
Increase penalties for
properties undergoing
demolition by neglect.
If an inventory of eligible
resources is created, extend
maintenance requirements
to eligible structures on the
inventory.
Incorporate preservation-
related requirements in the
general property
maintenance standards.
Develop financial incentives
to assist with required
property maintenance.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 106
C. Demolition By Neglect | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 97
conditions on these properties, as well as exercise the authority to enforce violations in order to avoid
demolition by neglect.
In addition, the city should incorporate some preservation-related requirements in the general property
maintenance standards. This could include adding a clear policy statement to the International Property
Maintenance Code as a local amendment that City policy is to pay particular attention to maintenance
standards of designated and eligible historic resources.
CAC: Agrees.
LPC: No discussion against using inventory to require minimum maintenance. Agrees with general
maintenance standards change.
Finally, we recommend balancing these maintenance requirements with financial incentives to complete
repairs. Often, properties are not being kept up for financial reasons. Assistance may be the ―carrot‖
approach that can balance the ―stick‖ approach of stronger and wider-reaching maintenance
requirements and enforcement. These incentives could also be used to make necessary repairs before
they are exponentially more expensive. The city‘s Design Assistance Program is already extended to
eligible resources and can provide up to 2,000 dollars of design assistance for a proposed exterior
modification. An incentive program to actually complete the repairs could be modeled based on the
Design Assistance Program.
CAC: Agrees. Bigger carrots to incentivize rehabilitation.
LPC: Agrees. Also use to address energy efficiency.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 107
D. Public Safety Exclusions | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 98
Many local preservation ordinances contain provisions whereby a historic resource declared to be a public
hazard may be altered, repaired, or demolished without the local preservation review body having any
input or taking action. On their face, public safety exclusions appear reasonable—if a building is about to
tumble down on pedestrians below, surely something must be done quickly—but in practice, they could
be used to circumvent local review procedures or to avoid facing up to hard choices between a proposed
redevelopment scheme and preservation of an important historic resource.
At a minimum, local preservation ordinances should attempt to strike a balance between concerns about
public safety and preservation—for example, by allowing the preservation commission to comment on the
proposed demolition unless the legislative body specifically finds there is an immediate and serious threat
to the public safety that cannot be addressed through less drastic measures.
In 2014, Fort Collins updated the ordinance language related to remedying dangerous conditions and
public safety exclusions. This amendment inserted new language requiring that, if the structure is capable
of being made safe by repairs, it must be repaired or demolished in accordance with the provisions of the
Demolition/Alteration review process.
Determining what is ―repairable‖ versus ―imminently dangerous‖ happens on a case-by-case basis. The
Buildings and Building Regulations chapter of the Fort Collins Municipal Code sets forth definitions for
determining whether a structure is ―dangerous‖ and when there is ―imminent danger‖ (excerpted below).
Further, an adopted appendix lays out a sample list of conditions that are considered to be substandard
or dangerous.
108.1.5 Dangerous structure or premises. A structure or premises is dangerous if any part,
element or component thereof is no longer within its serviceability limit or strength limit
state as defined in this code or, when considered in totality, the structure or premises
pose an imminent threat to the health and safety of the public or the occupants of the
structure or premises as referenced in Appendix A of this code.
109.1 Imminent danger. When, in the opinion of the code official, there is imminent
danger of failure or collapse of a building or structure which endangers life, or when any
structure or part of a structure has fallen and life is endangered by the occupation of the
structure, or when there is actual or potential danger to the building occupants or those
in the proximity of any structure because of explosives, explosive fumes or vapors or the
presence of toxic fumes, gases or materials, or operation of defective or dangerous
equipment, the code official is hereby authorized and empowered to order and require
the occupants to vacate the premises forthwith. The code official shall cause to be posted
at each entrance to such structure a notice reading as follows: "This Structure Is
Dangerous and Its Occupancy Has Been Prohibited by the Code Official." It shall be
unlawful for any person to enter such structure except for the purpose of securing the
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 108
D. Public Safety Exclusions | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 99
structure, making the required repairs, removing the hazardous condition or demolishing
the same.
Most cities give the building official significant latitude in determining what is dangerous, and exempt
ordered repairs or demolition from typical preservation process requirements. However, a few of the cities
we studied limit the authority of the building official. For instance, Syracuse requires that the ordered
changes undergo the typical Certificate of Appropriateness approval process, if time allows. Ultimately,
their preservation commission must approve the changes ordered by the official, but may add conditions
to their approval that will mitigate the historic impact. However, if the time to obtain a Certificate of
Appropriateness will ―prevent timely compliance,‖ the ordered work can be exempted from the process
altogether.59
As another example, Berkeley contains a provision for a public safety exemption from historic preservation
regulations, but instructs that the exemption is specifically limited to activities necessary to correct public
safety issues, preventing demolition in many cases (emphasis added):
3.24.280 Landmarks, historic districts or structures of merit--Unsafe or dangerous conditions--Effect.
None of the provisions of this chapter shall be construed to prevent any measures of construction, alteration or
demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature, or part
thereof, which such condition has been declared unsafe or dangerous by the Planning and Community
Development Department or the Fire Department, and where the proposed measures have been declared
necessary, by such department or departments, to correct the said condition; provided, however, that only such
work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this
section. In the event any structure or other feature is damaged by fire or other calamity or by act of God, or by the
public enemy to such an extent that in the opinion of the aforesaid department or departments it cannot
reasonably be repaired or restored, it may be removed in conformity with normal permit procedures and
applicable laws.
Cities also vary in how much involvement of the preservation commission is built into the determinations
of what is ―dangerous.‖ Cambridge requires notification of the Executive Director of their Historical
Commission for inspections of buildings over 50 years in age and the director is given the authority to
―pursue all reasonable courses of action to prevent emergency demolition‖ of structures that are
determined to be significant buildings. In Gainesville, the preservation commission is empowered to
appeal the building official‘s determinations that a building is ―dangerous‖ to the city‘s board of
adjustment. Gainesville also helpfully identifies the preservation board‘s roles, responsibilities, and rights
to notification regarding maintenance issues in their ordinance.60
59 Syracuse VII-6
60 Cambridge 2.78.110; Gainesville 30-112
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 109
D. Public Safety Exclusions | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 100
30-112. 4.g. Demolition by Neglect.
The intent of this section of the land development code is to stop the continuing deterioration of historic
properties and neighborhoods through application of chapters 13 and 16 of the code of ordinances.
1. The historic preservation board may, on its own initiative, file a formal complaint with the codes enforcement
division requesting repair or correction of defects to any designated structure so that it is preserved and
protected.
2. The code enforcement division shall provide written notice to the staff member assigned to the historic
preservation board of any minor or major housing code violation for a building or structure that is either listed
on the national or local historic register or is a contributing structure to either a nationally or locally designated
historic district.
3. The code enforcement office shall provide written notice to the staff member assigned to the historic
preservation board of a determination that a building or structure that is either listed on the national or local
historic register or is a contributing structure to either a nationally or locally designated historic district is
"dangerous," as defined by section 16-17 of the code of ordinances.
4. Upon receipt of this notice, the city manager or designee is authorized to access these properties accompanied
by a code enforcement officer to assess the damage that formed the basis for the decision to find the building
"dangerous." The assessment will be presented to the historic preservation board, which shall be allowed to
appeal the determination to the board of adjustment pursuant to section 16-27 of this code and present
evidence against the determination that the building is "dangerous".
The Fort Collins ordinance already does a good job of requiring
repair where possible and not purely exempting public safety
exclusions from the historic review process. Many cities do not have
this level of specificity. However, the applicability of this provision
could be more clearly explained in the ordinance.
In addition, the definitions of ―dangerous structures,‖ ―imminent
danger,‖ and the examples of dangerous buildings in the building
code should be reviewed. While the Fort Collins definition of
―imminent danger‖ is generally similar to the other cities we studied,
it is somewhat circular, essentially noting that imminent danger
means whenever the code official believes there is imminent danger.
Many cities maintain this somewhat open-ended approach to provide
flexibility to treat unique situations on a case-by-case basis. We did
not find an excellent example in our peer city research that would significantly clarify the issues with the
current definition in Fort Collins. One possible option for additional clarification could be further emphasis
on time, clarifying that ―imminent danger‖ is ―A condition that immediately threatens the health, safety,
and welfare of an individual or the public due to danger of collapse or other dangers to enter.‖
Potential exclusions for historic buildings should be added to the building code Appendix A list of specific
substandard or dangerous conditions, to ensure that historic resources are not ordered for demolition
when dangerous but repairable conditions exist.
Recommendations
Clarify ordinance language
requirement to repair
dangerous conditions when
deemed repairable by the
building official.
Review and update relevant
building code definitions.
Improve coordination
between the
LPC/preservation staff and
the building official in
regards to dangerous
buildings.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 110
D. Public Safety Exclusions | Research Topics
Topic D: Demolition | City of Fort Collins Historic Preservation Codes & Processes Review 101
CAC: Agrees. City should have distinction between dangerous and imminently dangerous. Need
definition of dangerous and imminently dangerous; reference in all relevant codes. City Attorney‘s
Office will prepare definition.
LPC: Agrees with Clarion and CAC. CAO crafting definition good; defensible.
Finally, the ordinance should more clearly describe the roles, responsibilities, and relationship of the
building official and the commission or preservation staff. The process for notifying the LPC should be
better detailed and a process for appealing these orders or involving the LPC should also be developed.
CAC: Agrees.
LPC: Agrees. More coordination helpful in both preventing and resolving issues.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 111
City of Fort Collins Historic Preservation Codes & Processes Review 102
PEER CITY ORDINANCES
Berkeley, California:
http://www.codepublishing.com/CA/Berkeley/html/Berkeley03/Berkeley0324/Berkeley0324.html#3.24
Boise, Idaho: http://cityclerk.cityofboise.org/media/262806/1100.pdf
Boulder, Colorado:
https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT9LAUSCO_CH11HIPR_9-11-
3INDEINLAHIDI
Cambridge, Massachusetts: http://code.cambridgema.gov/2.78.180/
Denton, Texas:
https://library.municode.com/tx/denton/codes/code_of_ordinances?nodeId=SPBLADECO_CH35ZO_ARTVHIL
APRHIDI
Eugene, Oregon: https://www.eugene-or.gov/DocumentCenter/Home/Index/262
Gainesville, Florida:
https://library.municode.com/fl/gainesville/codes/code_of_ordinances?nodeId=COORGAFL_CH30LADECO_A
RTVIRESPREUS_S30-112HIPRCO
Lincoln, Nebraska: http://lincoln.ne.gov/city/attorn/lmc/ti27/ch2757.pdf ;
Madison, Wisconsin:
https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=Chapter%2033%20Boards%2C
%20Commissions%2C%20and%20Committees
Norman, Oklahoma:
http://www.normanok.gov/sites/default/files/WebFM/Norman/Planning%20and%20Development/Planning
%20and%20Zoning/5-22-14%20Complete%20Zoning%20Ordinance.pdf
Provo, Utah: http://www.codepublishing.com/UT/Provo/?Provo16/Provo16.html
Santa Barbara, California: http://www.santabarbaraca.gov/civicax/filebank/blobdload.aspx?BlobID=12168
Syracuse, New York: http://www.syracuse.ny.us/pdfs/Zoning/Zoning%20Ordinance%20Part%20C.pdf
OTHER RELATED SITES
Cambridge Historical Commission, ―Application for Certificate,‖
https://www.cambridgema.gov/~/media/Files/historicalcommission/pdf/chcapplication.pdf?la=en
City and County of Denver, Colorado,
https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH30LAPR_ARTII
NGE_S30-6PRAUERCOREALDEST
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 112
City of Fort Collins Historic Preservation Codes & Processes Review 103
City of Albuquerque Comprehensive City Zoning Code
http://documents.cabq.gov/planning/UDD/ZoningCode/CodeEnf-ZoningCode-FullText-2017.pdf
City of Boulder, ―Design Guidelines for Individual Landmarks and Historic Districts,‖
https://bouldercolorado.gov/pages/historic-preservation-applications-design-guidelines
City of Brownsville Code of Ordinances
https://library.municode.com/tx/brownsville/codes/code_of_ordinances?nodeId=PTIICOOR_CH348ZO_ARTIX
HIPRURDE_DIV3HIPRAD_S348-1513CRDESELOSI
City of Eugene, ―Advisory Design Guidelines for Historic Residential Properties,‖ https://www.eugene-
or.gov/830/Historic-Documents-and-Resources
City of Eugene, ―Eugene Cultural Resource Program,‖ https://www.eugene-or.gov/828/Eugene-Cultural-Resource-
Program
City of Eugene, ―Historic Designation,‖ https://www.eugene-or.gov/823/Historic-Designation
City of Gainesville, ―Mid-Century Survey,‖
http://www.cityofgainesville.org/PlanningDepartment/HistoricPreservation/Mid-CenturySurvey.aspx
City of Lincoln, ―Historic Preservation,‖ https://lincoln.ne.gov/city/plan/long/hp/hp.htm
City of Norman, ―Historic Preservation,‖ http://www.normanok.gov/planning/historic-preservation
City of Santa Barbara, ―Architectural Board of Review General Design Guidelines & Meeting Procedures,‖
https://www.santabarbaraca.gov/civicax/filebank/blobdload.aspx?BlobID=17281
City of Santa Barbara, ―Historic Landmarks Commission General Design Guidelines & Meeting Procedures,‖
https://www.santabarbaraca.gov/civicax/filebank/blobdload.aspx?BlobID=17311
City of Santa Barbara, ―Santa Barbara Potential Historic Resources List‖
https://www.santabarbaraca.gov/civicax/filebank/blobdload.aspx?BlobID=17352
Fort Collins Demolition/Alteration Review and Appeals
https://www.fcgov.com/historicpreservation/review-list.php
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 113
designated landmark would not require a review.
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 78
2 historic districts, 1
conservation district
Eugene,
Oregon
167,000
23,000
University of Oregon
Growing: 20%
60 landmarks and 2 historic
districts
Gainesville,
Florida
132,000
52,000
University of Florida
Growing: 16%
10 landmarks and 5 historic
districts
Lincoln,
Nebraska
280,000
25,000
University of Nebraska
Growing: 23%
160 landmarks, 18 historic
districts
Madison,
Wisconsin
253,000
43,000
University of Wisconsin
Growing: 20%
182 landmarks, 5 historic
districts
Norman,
Oklahoma
122,000
31,000
University of Oklahoma
Growing: 26% 3 historic districts
Provo, Utah 117,000
33,000
Brigham Young
University
Growing/ stable:
11%
150 landmarks, 2 historic
districts
Santa Barbara,
California
92,000
24,000
University of California,
Santa Barbara
Growing/ stable:
3%
124 landmarks, 3 historic
districts, 132 structures of
merit
Syracuse, New
York
143,000
21,000
Syracuse University
Stable: -2%
59 landmarks, 4 historic
districts
ITEM 9, ATTACHMENT 3
Supp. Doc. Pg. 13