HomeMy WebLinkAbout01/17/2019 - Planning And Zoning Board - Supplemental Documents - Regular MeetingAgenda Item 4
Item 4, Page 1
STAFF REPORT January 17, 2019
Planning and Zoning Board
PROJECT NAME
HISTORIC PRESERVATION LAND USE CODE CHANGES – ADDITIONAL REVISIONS
STAFF
Karen McWilliams, Historic Preservation Manager
Maren Bzdek, Senior Historic Preservation Planner
PROJECT INFORMATION
PROJECT DESCRIPTION: Additional revisions to Land Use Code Section 3.4.7, Historic and Cultural
Resources, as they relate to standards governing the review of developments
affecting historic resources.
APPLICANT: City of Fort Collins
RECOMMENDATION: Approval
EXECUTIVE SUMMARY
At its December 20, 2018 hearing, the Planning and Zoning Board adopted a motion to unanimously recommend
to City Council proposed changes to Land Use Code Section 3.4.7, Historic and Cultural Resources.
Subsequently, staff has identified some errors and omissions, and is seeking a recommendation from the Board
on these additional changes.
Revisions:
3.4.7(C)(1) and (2): Historic surveys would now be required to be “current”, without specifying a 5-year date, to
ensure that, when a property has been altered within the previous 5 years, a new survey is completed. This change
also provides more flexibility to be able to use surveys more than five years old when there has been no change to
the property and the research is already comprehensive.
3.4.7(D)(3): Language has been added to make it clear that, as with the existing codes, the “to the maximum extent
feasible” standard for eligible properties on a development site applies to all development permits, including those
for demolition and alteration.
5.1.2., Definitions: The addition of a definition for Side Alley.
Throughout the document: Minor numbering and text cleanup.
Purpose and Objectives
A series of amendments to Municipal Code Chapter 14 and LUC Section 3.4.7 will implement staff and consultant
recommendations for improvements to standards to address the review of development having the potential to
impact historic resources. Resulting from a comprehensive review of historic preservation codes and processes, the
amendments provide greater clarity and predictability to regulations governing older and designated historic
properties, and better ensure the compatibility of new construction with existing context. These changes augment
the proposed Downtown and Transition Areas code changes.
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Agenda Item 4
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During the nearly two-year review, the city’s consultant, Clarion Associates, examined best practices in historic
preservation statewide and nationally, and conducted a comparative analysis of the Fort Collins codes and processes
with those in more than a dozen peer communities. Clarion prepared a series of reports which were reviewed by a
sixteen-member Citizen Advisory Committee (CAC), the Landmark Preservation Commission (LPC), and city staff.
The CAC, which convened for twenty meetings, was comprised of stakeholders representing historic
preservationists, architects, real estate developers and realtors, local land attorneys, commercial and residential
property owners, contractors and others.
ATTACHMENTS
1. REVISED DRAFT Land Use Code Section 3.4.7, Historic and Cultural Resources
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3.4.7 Historic and Cultural Resources
(A) Purpose.
(1) The purpose of this Section is to ensure that proposed development is compatible
with and protects historic resources by ensuring that:
(a) Historic resources on a development site are preserved, adaptively reused,
and incorporated into the proposed development;
(b) Development does not adversely affect the integrity of historic resources
on nearby property within the area of adjacency surrounding a
development site; and
(c) The design of new structures and site plans are compatible with and
protect the integrity of historic resources located within a development site
and within the area of adjacency surrounding a development site.
(2) To accomplish its purpose, this Section provides:
(a) The requirements for the treatment of historic resources located on a
development site; and
(b) The standards for design compatibility between proposed development
and historic resources on a development site and within the delineated area
of adjacency surrounding a development site.
(c) This Section is intended to work in conjunction with the standards for the
treatment of historic resources set forth in Chapter 14 of the Fort Collins
Municipal Code and any relevant adopted standards for historic resources.
(B) Historic Resources on the Development Site and within the Area of Adjacency.
(1) As used in this Section, the area of adjacency shall mean an area, the outer
boundary of which is two hundred (200) feet in all directions from the perimeter
of the development site. Any lot or parcel of property shall be considered within
the area of adjacency if any portion of such lot or parcel is within the two hundred
(200) foot outer boundary.
(2) Historic preservation staff shall identify as expeditiously as possible the historic
resources on the development site and within the area of adjacency to be used for
application of the design standards contained in below Subsection (E), Design
Requirements for a Proposed Development, and provide a list of such resources to
the applicant. The procedure for identifying the relevant historic resources shall
be as follows:
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(a) The location of the following shall be identified within the area of
adjacency:
1. Any historic resource; and
2. Any building, site, structure, and object that requires evaluation as
to whether it is eligible for Fort Collins landmark designation and,
therefore, qualifies as a historic resource.
(b) All historic resources on the development site shall be identified and the
procedure in below Subsection (C)(1) shall be completed if necessary.
(c) Any building, site, structure, or object requiring evaluation shall be
reviewed for eligibility for Fort Collins landmark designation pursuant to
below Subsection (C)(2).
(d) Any historic resource identified in above steps (a), (b), or (c) shall be the
historic resources utilized as the basis for applying Subsection (E).
Identified historic resources on the development site and within the area of
adjacency shall be classified as follows for purposes of applying the
design standards set forth in the below Subsection (E):
1. Historic resources on the development site, or abutting or on the
other side of a side alley that abuts the development site; and
2. All other historic resources.
(e) The historic comparison boundary shall be established at two hundred
(200) feet in all directions from the perimeter of each identified historic
resource except those located on the development site. The historic
influence area formed by the overlapping area between the outer boundary
of the development site and the historic comparison boundary is the area
within which the standards in below Subsection (E) apply to any new
construction proposed within such area.
(f) The historic influence area for any historic resource located on the
development site shall be the entire development site.
[INSERT EXAMPLE GRAPHIC OF HISTORIC COMPARISON BOUNDARY HERE]
(3) The historic preservation staff determination pursuant to this Section of the
historic resources relevant to the application of the design standards set forth in
below Subsection (E) is not subject to appeal. Notwithstanding, eligibility
determinations pursuant to below Subsection (C)(1) is are subject to appeal
pursuant to Fort Collins Municipal Code Section 14-236.
(C) Determination of Eligibility for Designation as Fort Collins Landmark.
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The review of proposed development pursuant to this Section may require the
determination of the eligibility of buildings, sites, structures, and objects located both on
the development site and in the area of adjacency for designation as Fort Collins
landmarks. The determination of eligibility for designation as a Fort Collins landmark
shall be made pursuant to the standards and procedures set forth in Sections 14-225 and
14-236 of the Fort Collins Municipal Code except as varied in below Subsections (C)(1)
and (2).
(1) Buildings, Sites, Structure, and Objects on a Development Site. If any buildings,
sites, structures, or objects on a development site are fifty (50) years of age or
older and lack an official determination of eligibility for Fort Collins landmark
designation made within the last five (5) years, the applicant must request an
official eligibility determination for each such building, site, structure, or object
pursuant to Sections 14-225 and 14-236 of the Fort Collins Municipal Code. A
currentn intensive-level property survey performed within five (5) years of the
date of application for an eligibility determination is required for each building,
site, structure, and object and the applicant is responsible for reimbursing the City
for the cost of having such a property survey generated by a third-party expert
selected by the City.
(2) Buildings, Sites, Structures, and Objects Within the Area of Adjacency. If any
buildings, sites, structures, or objects outside of a development site but within the
area of adjacency are fifty (50) years of age or older and lack an official
determination of eligibility for Fort Collins landmark designation established
within the last five (5) years, the applicant must request a non-binding
determination of eligibility for each such building, site, structure, or object
pursuant to Sections 14-225 and 14-236 of the Fort Collins Municipal Code.
Notwithstanding Sections 14-225 and 14-236, any such eligibility determination
shall be made by historic preservation staff shall not be appealable pursuant to
Section 14-236, and shall not be valid for any purpose other than the evaluation of
the proposed development pursuant to this Section. An current architectural-level
property survey performed within five (5) years of the date of application for a
non-binding eligibility determination is required for each building, site, structure,
and object and the applicant is responsible for reimbursing the City for the cost of
having such a property survey generated by a third-party expert selected by the
City. The Director, in consultation with historic preservation staff, may waive the
required eligibility determination for any building, site, structure, or object if the
Director determines that such eligibility determination would be unnecessarily
duplicative of information provided by existing historic resources or would not
provide relevant information.
(D) Treatment of Historic Resources on Development Sites – Design Review.
(1) Proposed alterations, as such alterations are described in Fort Collins Municipal
Code Chapter 14, Article III, to any Fort Collins landmark on a development site
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or to any portion of the development site located within a Fort Collins historic
district must comply with the design review requirements in Chapter 14, Article
III, of the Fort Collins Municipal Code. The applicant must obtain a certificate of
appropriateness for all proposed alterations pursuant to Chapter 14 before
receiving a Landmark Preservation Commission recommendation pursuant to
below Subsection (F).
(2) Proposed alterations to any building, site, structure, or object located on the
development site that is not a Fort Collins landmark but is designated on the
Colorado State Register of Historic Properties, either individually or contributing
to a district, or the National Register of Historic Places, either individually or
contributing to a district, must comply with the design review requirements in
Chapter 14, Article III, of the Fort Collins Municipal Code. The applicant must
obtain a report pursuant to Chapter 14 regarding all proposed alterations before
receiving a Landmark Preservation Commission recommendation pursuant to
below Subsection (F). Additionally, to the maximum extent feasible, the
development plan and building design shall provide for the preservation and
adaptive use of any such building, site, structure, or object.
(3) To the maximum extent feasible, the development plan and building design shall
provide for the preservation and adaptive use pursuant to the Secretary of the
Interior Standards for the Treatment of Historic Properties of any building, site,
structure, or object located on the development site and determined to be eligible
for Fort Collins landmark designation either through a binding or non-binding
determination pursuant to Land Use Code Section 3.4.7(C). This requirement
shall apply to development applications including building permit applications for
partial or total demolition of, or work that may have an adverse effect on, any
building, site, structure, or object located on the development site and determined
to be eligible for Fort Collins landmark designation.
(E) Design Requirements for a Proposed Development.
(1) Design Compatibility. Proposed development may represent the architecture and
construction standards of its own time but must also convey a standard of quality
and durability appropriate for infill in a historic context and protect and
complement the historic character of historic resources both on the development
site and within the area of adjacency. The design of development on development
sites containing historic resources or with historic resources located within the
area of adjacency shall meet the requirements in below Table 1 in addition to
applicable Land Use Code requirements. The Table 1 requirements shall apply to
the development of buildings or structures, other than those addressed in above
Subsection (D), on the development site located within a historic influence area,
as such term is defined in above Subsection (B)(4), as follows:
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(a) If one (1) or more historic influence areas are associated with historic
resources on the development site, or abut or are on the other side of a side
alley that abuts the development site, then all historic influence areas shall
be considered to be associated with such historic resources and the
standards set forth in Table 1, Column A, shall apply. If more than one (1)
historic influence area associated with a historic resource on the
development site, or abut or are on the other side of a side alley that abuts
the development site, exists, the applicant may satisfy the standards set
forth in Table 1, Column A, by choosing characteristics from one (1) or
more of the historic resources.
(b) If no historic influence areas associated with historic resources on the
development site, or abut or are on the other side of a side alley that abuts
the development site, exist, the standards set forth in Table 1, Column B,
shall apply to all historic influence areas.
TABLE 1
REQUIREMENTS FOR NEW CONSTRUCTION NEAR HISTORIC RESOURCES
Column A Column B
Purpose
Standards for Compatibility
with
Historic Resources on the
Development Site, Abutting, Or
Across a Side Alley
Standards for Compatibility with
Historic Properties Within the
Area of Adjacency but Not on or
Abutting the Development Site or
Across A Side Alley
Massing and
Building
Articulation
Integrate new
construction into
existing context and
use massing options
that respect historic
resources.
1. New construction shall be
similar in width or, if larger, be
articulated into massing reflective
of the mass and scale of historic
resources on the development site,
abutting, or across a side alley.
2. In all zone districts, stepbacks
must be located on new
building(s) to create gradual
massing transitions at the same
height or one (1) story above the
height of historic resources on the
development site, abutting, or
across a side alley. Additionally,
in the Downtown zone district, the
widest portions of stepbacks
required by the Downtown zone
district stepback standard shall be
on building portions closest to
historic resources.
Review the identified historic
properties within the area of
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modern building
materials and historic
building materials.
otherwise) must be constructed of
authentic, durable, high-quality
materials (brick, stone, glass, terra
cotta, stucco (non EFIS), precast
concrete, wood, cast iron,
architectural metal) installed to
industry standards.
4. New construction shall
reference one (1) or more of the
predominate material(s) on
historic resources on the
development site, abutting, or
across a side alley, by using at
least two (2) of the following to
select the primary material(s) for
any one (1) to three (3) story
building or the lower story
facades until any stepbacks
(required or otherwise):
1) Type
2) Scale
3) Color
4) Three-dimensionality
5) Pattern
Facade Details
Create visual
connection between
modern building
design and historic
building design.
5. Use at least one (1) of the
following:
1) Similar window pattern
2) Similar window proportion of
height to width
3) Similar solid-to-void pattern as
found on historic resources on the
development site, abutting, or
across a side alley.
6. Use select horizontal or vertical
reference lines or elements (such
as rooflines, cornices, and belt
courses) to relate the new
construction to historic resources
on the development site, abutting,
or across a side alley.
Visibility of
Historic Features
Protect visibility of
historic architecture
and details.
New construction shall not cover
or obscure character-defining
architectural elements, such as
windows or primary design
features, of historic resources on
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District shall comply with the Old Town Historic District Standards adopted by Ordinance 094,
2014, Chapter 14 of the Fort Collins Municipal Code, and the U.S. Secretary of
the Interior Standards for the Treatment of Historic Properties in lieu of the
requirements set forth in this Section except Subsections (D) and (F).
(3) Plan of Protection. A plan of protection shall be submitted prior to the Landmark
Preservation Commission providing a recommendation pursuant to below
Subsection (F) that details the particular considerations and protective measures
that will be employed to prevent short-term and long-term material damage and
avoidable impact to identified historic resources on the development site and
within the area of adjacency from demolition, new construction, and operational
activities.
(F) Landmark Preservation Commission Recommendation.
Recommendation to Decision Maker for Development Proposal. The Landmark Preservation
Commission shall provide a written recommendation to the decision maker for development sites
containing or adjacent to historic resources, or both. The written recommendation shall address
compliance of the proposed development with this Section and applicable Municipal Code
Chapter 14, Article III requirements and the decision maker shall consider such recommendation
in making its final decision. Notwithstanding, the Director may waive the requirement for a
Landmark Preservation Commission recommendation if the Director, after considering the
recommendation of historic preservation staff, has issued a written determination that the
development plan would not have an adverse effect on any historic resource on the development
site or within the proposed development’s area of adjacency and that the development plan is
compatible with the existing character of such historic resources. A recommendation made
under this Subsection is not appealable to the City Council under Chapter 2 of the Fort Collins
Municipal Code.
Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of the following definitions:
Adverse effect, for purposes of Section 3.4.7 only, shall mean that a project or undertaking may
alter, directly or indirectly, any of the characteristics that qualify a property for designation in a
manner that would diminish the property's exterior integrity. Adverse effects may include
reasonably foreseeable effects caused by the undertaking that may occur later in time, be
removed in distance, or be cumulative.
Development site shall mean the real property, whether consisting of one (1) or more lots or
areas of land, that is the subject of any application allowed under the Land Use Code.
Historic comparison boundary shall mean the two hundred (200) foot boundary measured in all
directions from the perimeter of each historic resource identified in Section 3.4.7(B)(2)(a), (b), or
(c).
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Historic influence area shall mean the overlapping area formed when the outer boundary of a
development site and a historic comparison boundary overlap.
Historic preservation staff shall mean City Historic Preservation Division staff who meet the
professional qualification standards provided in Code of Federal Regulations, 36 CFR Part 61.
Historic resource shall mean a building, site, structure, or object that is located on a lot, lots, or
area of property and is (1) designated as a Fort Collins landmark or is contributing to a Fort
Collins landmark district; (2) designated on the Colorado State Register of Historic Properties,
either individually or contributing to a district, or the National Register of Historic Places, either
individually or contributing to a district; or (3) determined to be eligible for designation as a Fort
Collins landmark either through a binding or non-binding determination pursuant to Land Use
Code Section 3.4.7(C).
Massing shall refer to the perception of the overall shape, form, and size of a building.
Object, for purposes of Section 3.4.7 only, shall mean a material thing of functional, aesthetic,
cultural, historical or scientific value that may be, by nature or design, movable.
Side alley, for purposes of Section 3.4.7 only, shall mean a minor way used primarily for
vehicular or pedestrian access to the side, rather than the rear, of a historic resource. On a corner
where a historic resource and a development site are divided by a single alley that serves as a
side alley for the historic resource and a rear alley for the development site, the alley shall be
considered a side alley.
Site, for purposes of Section 3.4.7 only, shall mean the location of a significant event, a
prehistoric or historic occupation or activity or a structure or object whether standing, ruined or
vanished, where the location itself maintains historical or archeological value regardless of the
value of any existing structure.
Solid-to-void pattern shall mean the area of the façade covered by openings divided by the area
of the solid wall, as a measure of the proportion of the area of fenestrations to that of the wall.
Introduced, considered favorably on first reading, and ordered published this ___ day of
____, A.D. 2019, and to be presented for final passage on the ___ day of _____, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this _____ day of ____, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ITEM 3, ATTACHMENT 8
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the development site, abutting, or
across a side alley.
None
(2) Old Town Historic District. Proposed development within the Old Town Historic
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adjacency and identify any
predominate typologies and
primary character-defining design
and architectural features.
With those key buildings, features,
or patterns in mind, apply at least
two (2) of the Standards for
Compatibility with Historic
Resources on the Development Site,
Abutting, Or Across a Side Alley
(those numbered 1 to 6).
Building
Materials
Create visual
connection between
3. The lower story facades until
any stepbacks (required or
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