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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/19/2016 - SECOND READING OF ORDINANCE NO. 088, 2016, DESIGNAAgenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Karen McWilliams, Historic Preservation Planner Laurie Kadrich, Director of PDT SUBJECT Second Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item has been treated as a quasi-judicial matter and will be considered in accordance with the procedures established by the Mayor, with the consent of the Council, as described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Cunniff), designates the Coy Farmstead, located on the Woodward Technology Center property, as a Fort Collins Landmark. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house. Two historic silos associated with the property were recently removed. Non-substantive changes to Section 6 of the Ordinance adopted on First Reading were made to clarify the meaning of the language. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 5, 2016 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT Items Relating to the Designation of the Coy Farmstead Woodward Technology Center, a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A or Option B) EXECUTIVE SUMMARY A. First Reading of Ordinance No. 088, 2016, Non-Consensually Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A) Or B. First Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option B) This item is a quasi-judicial matter and will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. The purpose of this item is to consider a landmark designation application for the Coy Farmstead, located on the Woodward Technology Center property, brought forward by seventy-six Fort Collins residents. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house. Two historic silos associated with the property were recently removed. The owner of the property, Woodward, Inc., has not consented to landmark designation, except if certain conditions are attached to the designation. City Code Chapter 14, Landmark Preservation, provides a process for the Landmark Preservation Commission review of an application absent an owner’s consent, which culminates with a recommendation to Council on the designation. In order to facilitate Council’s consideration and action on this item, two versions of a designation ordinance are presented. STAFF RECOMMENDATION Staff recommends adoption of an ordinance designating the Coy Farmstead barn and milk house as Fort Collins Landmarks on First Reading. BACKGROUND / DISCUSSION An application for landmark designation of the Coy Farmstead, located on the Woodward Technology Center property, was filed with the City on January 19, 2016. The Landmark Preservation Commission (LPC) discussed the designation application at three public hearings: January 27, 2016, March 9, 2016, and May 11, 2016. At its May 11, 2016 hearing, the LPC adopted two recommendations to Council for landmark designation: one if the action is non-consensual and the second if the owner, Woodward, Inc., consents. ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 During the May 11, 2016 hearing, the LPC was presented with certain conditions under which Woodward, Inc. would agree to consent to landmark designation if these conditions were met. These conditions included, in part: 1. That the designation be for just the Coy Barn and Milk House as individual landmarks; 2. That the boundary of the designated property be just the footprints of the buildings, including the addition to the barn and the permanent location of the milk house; and that exterior alteration of these buildings would be subject to the City’s historic review processes; 3. That the area of adjacency for any other improvements is as depicted on the attached map in the blue boundary; and that review of improvements within this area would be limited to the effect of the work on the view of the historic structures from the Homestead Natural Area and adjacent portions of the public trail; and 4. That the remainder of the farmstead, including the location where the silos once stood, is found to not be eligible for designation. There was support from the Commission on all of these conditions. Woodward, Inc., also asked for additional conditions at the meeting: 5. That Woodward would be allowed to proceed with the previously approved adaptive reuse plan for the barn and milk house, without any further review or approvals necessary; 6. That Woodward would be permitted to proceed with its plan (permit applied for) to erect a 5 foot black metal picket fence around the perimeter of the entire Woodward site in line with its other facilities; and 7. That, in the event City Council or any other governing body with authority to make a determination on landmark designation for the site considers - at any time in the future - an expansion of this designation, whether that’s a geographic expansion, a removal or modification of any conditions, or any other action that adversely affects Woodward’s enjoyment of its property other than as agreed, it would need to be acknowledged that Woodward would be entitled to withdraw this consent, with the effect of nullifying the landmark designation and requiring a new proceeding and determination to establish a landmark. While there was support from LPC members on conditions #5 and #6, the Commission felt that these conditions were outside of the LPC’s purview, and that the LPC did not have the authority to grant these. The LPC did not support condition #7, the option for Woodward, Inc., to nullify a landmark designation in the future, expressing its concern that this last condition could set a harmful precedent for future landmark designations. BOARD / COMMISSION RECOMMENDATION Following public testimony from the applicant, Save Our Silos, and other citizens, and Commission discussion, the LPC adopted two motions recommending landmark designation of the barn and milk house to Council, the first designation for a non-consensual, and the second for a designation with the consent of Woodward, Inc. LPC MOTION 1 (Non-consensual): That the Landmark Preservation Commission recommend to City Council that the Coy barn and milk house be non-consensually designated individually as Fort Collins Landmarks in perpetuity with a boundary that includes the footprints of each building and an area of adjacency as depicted by the blue line on the map. The focus of any future review would be upon the effect of proposed work on the view from the public right-of-way from the trail and the Homestead Natural Area. The rest of the farmstead, including the silo seating area, is no longer eligible and is excluded from this motion. The resolution adopted by the LPC on March 9, 2016, at the first designation hearing shall be incorporated as a finding with amendments as shown in the staff presentation regarding changes since the silos were demolished. Additional conditions include that Woodward would not block the view of these historic structures and would be subject to the city code with regard to the future of this site moving forward. The motion passed 7:1 with Frick dissenting. Agenda Item 10 Item # 10 Page 3 LPC MOTION 2 (Consensual): That the Landmark Preservation Commission recommend to City Council that the Coy barn and milk house be individually designated as Fort Collins Landmarks in perpetuity with a boundary that includes the footprints of both buildings and an area of adjacency as depicted by the blue line on the map. The focus of any future review would be upon the effect of proposed work on the view from the public right of way from the trail and the Homestead Natural Area with the exception that the already proposed work would only need to undergo administrative review by the Historic Preservation Department. The rest of the farmstead, including the silo seating area, is no longer eligible and is excluded from this motion. The resolution adopted by the LPC on March 9, 2016, at the first designation hearing shall be incorporated as a finding with amendments as shown in the staff presentation regarding changes since the silos were demolished. Additional conditions include that Woodward would not block the view of historic structures and would be subject to the city code with regard to future development of the property. The motion passed 5:2 with Ernest and Hogestad dissenting. It is important to note that although this was construed as a recommendation for a consensual designation, Woodward has indicated it would not consent to a designation as described in this motion, due to the conditions that were not included. To assist in processing and evaluating this issue, two alternative ordinances have been prepared.  The first version of the Ordinance (OPTION A) is for a non-consensual designation. This version is modelled off of LPC Motion 1 described above and includes the conditions included by the LPC in Motion 1.  The second version of the Ordinance (OPTION B) is for a consensual designation in the event that Woodward, Inc. is agreeable to the conditions and terms of designation and consents to designation. Because Woodward, Inc., has represented that it will only consent to designation provided all of the conditions it has requested are imposed on the designation, the second Ordinance includes all of the conditions that Woodward, Inc., requested, including language incorporating an edited version of “condition #7” as described above regarding withdrawal of consent upon certain conditions. Attached are materials related to the LPC proceedings for this designation. It should be noted that the transcript of the May 11, 2016, LPC meeting was not prepared by City staff. PUBLIC OUTREACH This item required three public hearings of the Landmark Preservation Commission, which occurred on January 27, 2016, March 9, 2016, and May 11, 2016. For each of these hearings, public testimony was received and considered by the Commission. ATTACHMENTS 1. Coy Farmstead Resolution - LPC, March 9, 2016 (PDF) 2. Woodward's Consensual Designation Conditions (PDF) 3. Woodward's Area of Adjacency Map (PDF) 4. LPC minutes, January 27, 2016 (PDF) 5. LPC minutes, March 9, 2016 (PDF) 6. LPC minutes, May 11, 2016 (draft) (PDF) 7. LPC Agenda materials, January 27, 2016 (PDF) 8. LPC Agenda materials, March 9, 2016 (PDF) 9. LPC Agenda Materials, May 11, 2016 (PDF) 10. Letter (with attachments) from Carolynne White, attorney for Woodward, June 28, 2016 (PDF) 11. Citizen Letters (PDF) 12. Powerpoint presentation (PDF) -1- ORDINANCE NO. 088, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE COY FARMSTEAD BARN AND MILK HOUSE LOCATED ON THE WOODWARD TECHNOLOGY CENTER SUBDIVISION AS INDIVIDUAL FORT COLLINS LANDMARKS PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of landmarks and landmark districts within the City; and WHEREAS, an application for landmark designation of the Coy Farmstead was filed with the City on January 19, 2016; and WHEREAS, on January 27, 2016, the Landmark Preservation Commission (the “Commission”), held a hearing pursuant to City Code Section 14-21 and at such hearing the Commission determined that the Coy Farmstead met the landmark criteria and directed City staff to investigate the benefits of landmark designation; and WHEREAS, at the January 27, 2016, Commission hearing, the owner of the Coy Farmstead, Woodward, Inc., (“Woodward”) stated that it did not consent to the proposed designation; and WHEREAS, on March 9, 2016, the Commission held a hearing pursuant to City Code Section 14-22(b) and at such hearing the seven members of the Commission hearing the item unanimously adopted a resolution stating that the preliminary investigation by the Commission indicated that the Coy Farmstead was eligible for designation and stating the reasons the Commission felt it should further consider designation without the consent of Woodward; and WHEREAS, on May 11, 2016, the Commission held a second hearing pursuant to City Code Section 14-22(c) at which seven Commission members were present, and at such hearing, Woodward stated that it would consent to designation provided certain conditions were imposed upon any such designation; and WHEREAS, at the May 11, 2016, hearing, the Commission adopted a motion recommending that City Council non-consensually designate the Coy Farmstead barn and milk house as individual landmarks with certain conditions, although the recommended conditions did not include all of the conditions requested by Woodward in order for Woodward to consent to designation; and WHEREAS, at the May 11, 2016, hearing, the Commission adopted a second motion recommending, alternatively, that the City Council designate the Coy Farmstead barn and milk house as individual landmarks with certain conditions should Woodward consent to designation, although the recommended conditions did not include all of the conditions requested by Woodward in order for Woodward to consent to designation; and -2- WHEREAS, on July 5, 2016, the City Council held a hearing to consider the designation and at such hearing, Woodward affirmed that it would not consent to designation unless all of its requested conditions were imposed on any designation; and WHEREAS, the conditions requested by Woodward as described herein are acceptable to the City Council and have been incorporated into this Ordinance, and, therefore, Woodward has agreed to the consensual designation of the barn and the milk house as individual landmarks subject to the conditions set forth below; and WHEREAS, the City Council has reviewed the evidence presented to the Commission regarding the designation, the evidence presented at the July 5, 2016, hearing, and the Commission’s recommendations, and the City Council desires to follow the recommendation related to the consensual designation of the Coy Farmstead barn and milk house as individual landmarks with certain additional conditions; and WHEREAS, the City Council adopts the findings set forth in the Commission’s March 9, 2016, resolution attached hereto and incorporated herein by this reference as Exhibit “A” regarding the criteria for landmark designation set forth in City Code Section 14-5; and WHEREAS, the City Council finds that the Coy Farmstead barn and milk house satisfy the criteria for significance and exterior integrity in consideration of the context of the surrounding area as set forth in City Code Section 14-5 for eligibility for designation as Fort Collins landmarks; and WHEREAS, the designation of the Coy Farmstead barn and milk house as individual landmarks 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. Section 2. That the Coy Farmstead barn and milk house located on the Woodward Technology Center subdivision be designated as individual landmarks with the following conditions: i. The landmark designation boundary for the barn shall be the footprint of the barn and the footprint of any subsequent additions thereto. ii. The landmark designation boundary of the milk house shall be the footprint of the milk house wherever it may be relocated and the footprint of any subsequent additions thereto. iii. For purposes of reviewing future adjacent development or redevelopment, the significance of the landmark designation is intended to be limited to the effect of -3- the development or redevelopment within the area outlined on the map, attached hereto as Exhibit “B” and incorporated herein by this reference, on the view of the barn and milk house from the Homestead Natural Area and the portions of the public path adjacent to the barn and milk house. iv. The remainder of the Coy Farmstead, including the location where the silos once stood, has been found to be not eligible for designation. Section 3. Woodward shall be allowed to proceed with the adaptive reuse plans previously approved by the Commission without further review or approval by the Commission. Section 4. Woodward shall be allowed to erect a five foot tall black metal picket fence around the entire Woodward site without review or approval by the Commission. Section 5. That, except as expressly provided by this Ordinance, alterations, additions and other changes to the barn and milk house will be reviewed for compliance with Chapter 14, Article III, of the Code of the City of Fort Collins, as currently enacted or hereafter amended. Section 6. The Council hereby acknowledges that this designation shall be terminable by Woodward (and only by Woodward and not its successors-in-title to the subject property) as follows: i. if an initial action is taken byIf the City Council, or any other City body with ultimate authority to approve an expansion of this designation, takes an initial action to approve or further consider an expansion to the designation, including but not limited to a geographic expansion, a removal or modification of any conditions, or any other historic designation action that adversely affects Woodward’s enjoyment of its property, to approve or further consider such expansion, or ii. iIf any conditions provided in this Ordinance are deemed by the City or a court, after exhaustion of all appeals, to be invalid, then Woodward may, by the provision of written notice to the City within ninety (90) days after such action or invalidation, withdraw its consent to the designation and thereby nullify this designation. In the event of such nullification, any landmark designation will require a new proceeding and determination in accordance with the procedures and requirements then in effect. Section 7. To the extent the express terms of this Ordinance are not consistent with, and cannot be reconciled with, the historic preservation requirements of Chapter 14 of the City Code, this Ordinance shall govern the determination of the rights and obligations associated with the landmark designations adopted herein. -4- Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2016, and to be presented for final passage on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) EXHIBIT A FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) EXHIBIT B