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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2022 - SECOND READING OF ORDINANCE NO. 011, 2022, DESIGNA Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY May 3, 2022 CDNS-Historic Preservation STAFF Jim Bertolini, Historic Preservation Planner Claire Havelda, Legal SUBJECT Second Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House, 1433 Sout h Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be consi dered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2021 -093. The purpose of this item originally was to request City landmark designation for the property at 1433 South Overland Trail. However, since the time of the First Reading of Ordinance No. 11, 2022, the owners of the Property have notified staff that they no longer have consensus regarding support for the designation of the Property as a Landmark and have requested their application for designation be postponed. In cooperation with the property owner (which has since been withdrawn), the Ponds at Overland Trail HOA, staff and the Historic Preservation Commission (the “Commission”) had determined the property to be eligible for designation under Standards 2, Persons/Groups for association with Paul & Emerald Maxwell, important figures in the social history of what is now west Fort Collins, and under Standard 3, Design/Construction for the property's significance as a rare surviving example of a st one masonry farmhouse in the Fort Collins area. The HOA owner originally requested designation to provide protection of the property's exterior and immediate grounds, and access to financial incentives for preservation. The Owners have now withdrawn their consent and the process for a consensual designation is no longer applicable. STAFF RECOMMENDATION Staff recommends that Council move to postpone the Ordinance indefinitely as the criteria under Code Section 14-31(a) are no longer met. Sample Motion: I, _________, move to postpone Ordinance No. 11, 2022, indefinitely as the owners of the Property no longer consent to its designation as a landmark at this time. ATTACHMENTS 1. First Reading Agenda Item Summary, January 18, 2022 (w/o attachments) (PDF) 2. Ordinance No. 011, 2022 (PDF) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 18, 2022 City Council STAFF Jim Bertolini, Historic Preservation Planner Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House, 1433 South Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2021-093. The purpose of this item is to request City landmark designation for the property at 1433 South Overland Trail. In cooperation with the property owner, the Ponds at Overland Trail HOA, City staff and the Historic Preservation Commission (the “Commission”) have determined the property to be eligible for designation under Standards 2, Persons/Groups for association with Paul and Emerald Maxwell, important figures in the social history of what is now west Fort Collins, and under Standard 3, Design/Construction for the property's significance as a rare surviving example of a stone masonry farmhouse in the Fort Collins area. The HOA owner is requesting designation, which will provide protection of the property's exterior and immediate grounds, and access to financial incentives for preservation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Maxwell Rock House at 1433 South Overland Trail is significant under Standards 2, Persons/Groups for association with Paul & Emerald Maxwell, important figures in the social history of what is now west Fort Collins, and under Standard 3, Design/Construction for the property's significance as a rare surviving example of a stone masonry farmhouse in the Fort Collins area. The Maxwell Rock House is significant as the home from 1940-1972 of Paul & Emerald Maxwell, two distinguished figures in the agricultural, social, and economic development of what is now west Fort Collins during the early and mid-1900s. Both Paul and Emerald (Hawley) grew up on farms in the area previously called North Fossil Creek or District No. 10 (after the school district formed for this area in the early 1900s and housed at the No. 10/Laporte Avenue School at 2540 Laporte Avenue). As young adults, both were active in the Empire Grange, co-founded by their parents, where they met, married in 1914 and moved to Idaho. Upon their return to Fort Collins in the 1920s, both resumed leadership roles in the Empire Grange. Emerald was a socialite among the farming families along Maxwell Road, now Overland Trail, regularly organizing gatherings for the Empire Grange and South Side Club. Paul Maxwell became a prolific leader in both social and political circles. In the 1930s and 1940s, he frequently served as the “master” (president) of the Empire Grange, including providing leadership and guidance to area farmers during the Second World War. He chaired the No. 10 School District board during its construction of the Laporte Avenue school in 1938, including securing Works Progress ATTACHMENT 1 COPY Agenda Item 11 Item # 11 Page 2 Administration funding for its construction. He also served in various other local and state level positions including elected office. Besides this, the Maxwells owned significant farm land in what is now west Fort Collins, although most has been redeveloped into housing developments or City Natural Areas. The Maxwell Rock House is also significant under Standard 3, Design/Construction for its reflection of rare, uncut local stone construction built from stones gathered on the Maxwell farm properties over the late 1930s. While stone construction for building foundations and even entire buildings, such as the Masonic/Oddfellow’s Lodge at 149 West Mountain Avenue, or the Avery House at 328 West Mountain, these are typically cut, dressed, and coursed stone from local quarries. Less common were uncut, uncoursed stone buildings. During the City’s 1997 survey of agricultural resources, only two such farmhouses existed in the study area, the Watrous House at 1337 West Vine Drive, and this property at 1433 South Overland Trail, both of which survive. Such construction reflects a form of vernacular architecture that reflects how farmers frequently adapted traditional building types with locally-available materials such as local stone and timber. The house also reflects a transitional vernacular style of home construction, that incorporated traditional stone- and-lumber construction with newer mid-20th century styles, likely indicating an interest in building a “modern” house on the new farm complex. The side-gabled dwelling with two parallel projecting gables on the east façade exhibits elements of Tudor Revival, Cape Cod, and Minimal Traditional stylistic elements without strongly characterizing any one style. The property retains strong integrity under all seven aspects related to its period of significance, defined as 1937- 1972, corresponding with the property’s first construction and closing with the Maxwell family’s sale of the property in 1972. CITY FINANCIAL IMPACTS Designation as a Fort Collins Landmark qualifies property owners for certain financial incentives funded by the City, including a 0% interest revolving loan program and Design Assistance mini-grant program. Private property owners may also leverage State tax incentives for repairs and modifications that meet national preservation standards. This includes non-profit entities such as HOAs and Greek Life organizations that can transfer the state tax incentive to another, taxable entity. BOARD / COMMISSION RECOMMENDATION After a hearing held at its December 15, 2021, regular meeting, the Commission adopted a motion on a vote of 6-0 (2 vacancies, 1 recusal) to recommend Council designate the Maxwell Rock House as a Fort Collins Landmark in accordance with City Code Chapter 14, based on the property’s significance under Standards 2, Persons/Groups, and 3 Design/Construction, and its historic integrity under all seven aspects as confirmed in Commission Resolution 5, 2021. PUBLIC OUTREACH Specific to this nomination request, public outreach involved interaction with the property owner and the public hearing on December 15, 2021. ATTACHMENTS 1. Nomination Information (PDF) 2. Location Map (PDF) 3. Historic Preservation Commission Resolution (PDF) COPY -1- ORDINANCE NO. 011, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE MAXWELL ROCK HOUSE, 1433 SOUTH OVERLAND TRAIL, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by adoption of Resolution 5-2021 after a hearing held at its meeting on December 15, 2021, the Historic Preservation Commission (the “Commission”) determined that the Maxwell Rock House, 1433 South Overland Trail, in Fort Collins, as more specifically described in the legal description below (the “Property”), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, for the Property’s significance to Fort Collins under Standard of Significance 2, Persons/Groups as a reflection of the significant contributions of Paul and Emerald Maxwell to the social and agricultural history of what is now west Fort Collins, and under Standard of Significance 3, Design/Construction as a significant and rare surviving example of a stone masonry farm house in the Fort Collins area, contained in City Code Section 14-22(a)(1) and 14-22(a)(3) and strong integrity under all seven standards of integrity under City Code Section 14-22(b)(1-7); and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify designation; and WHEREAS, the Historic Preservation Commission (the “Commission”) recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the owner of the Property has consented to such landmark designation and desires to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -2- Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: THAT PORTION OF TRACT A, THE PONDS AT OVERLAND TRAIL, FIRST FILING, LARIMER COUNTY PARCEL #9717406001 THAT IS DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, THE SAID TRACT IS ALSO LOCATED IN TRACT A OF THE PLAT OF THE PONDS AT OVERLAND TRAIL FIRST FILING, A PLAT OF RECORD WITH THE CLERK AND RECORDER OF LARIMER COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 17 AS BEARING NORTH 00 DEGREES 34 MINUTES 11 SECONDS EAST BETWEEN A 2. 5 11 ALUMINUM CAP MONUMENT AT THE SOUTHEAST CORNER OF SECTION 17 AND A 2. 5 11 ALUMINUM CAP MONUMENT AT THE EAST QUARTER CORNER SECTION 17, BASED UPON GPS OBSERVATION AND THE CITY OF FORT COLLINS COORDINATE BASE, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SAID SOUTHEAST CORNER OF SECTION 17; THENCE ALONG THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 17, NORTH 00 DEGREES 34 MINUTES 11 SECONDS EAST FOR A DISTANCE OF 387.61 FEET; THENCE LEAVING THE SAID EAST LINE, NORTH 89 DEGREES 25 MINUTES 49 SECONDS WEST FOR A DISTANCE OF 261.83 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 44 DEGREES 18 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 42.68 FEET; THENCE NORTH 03 DEGREES 22 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 52.36 FEET; THENCE NORTH 40 DEGREES 53 MINUTES 22 SECONDS WEST FOR A DISTANCE OF 23.51 FEET; THENCE NORTH 75 DEGREES 44 MINUTES 37 SECONDS WEST FOR A DISTANCE OF 29.87 FEET; THENCE SOUTH 77 DEGREES 15 MINUTES 42 SECONDS WEST FOR A DISTANCE OF 33.29 FEET; THENCE SOUTH 07 DEGREES 26 MINUTES 21 SECONDS WEST FOR A DISTANCE OF 31.58 FEET; THENCE SOUTH 03 DEGREES 28 MINUTES 19 SECONDS EAST FOR A DISTANCE OF 53.37 FEET; THENCE SOUTH 81 DEGREES 40 MINUTES 27 SECONDS EAST FOR A DISTANCE OF 24.83 FEET; THENCE SOUTH 64 DEGREES 46 MINUTES 53 SECONDS EAST FOR A DISTANCE OF 29.15 FEET TO THE POINT OF BEGINNING. CONTAINING 7232 SQUARE FEET MORE OR LESS be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Section 4. That in compliance with Section 14-36 of the City Code, the City shall, within fifteen days of the effective date of this Ordinance, record among the real estate records of the County Clerk and Recorder a certified copy of this Ordinance designating the property. -3- Introduced, considered favorably on first reading, and ordered published this 18th day of January, A.D. 2022, and to be presented for final passage on the 3rd of May, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd of May, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk