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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2019 - ITEMS RELATING TO REVISIONS TO MUNICIPAL CODE CHAPAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 5, 2019 City Council STAFF Karen McWilliams, Historic Preservation Planner Tom Leeson, Director, Comm Dev & Neighborhood Svrs Brad Yatabe, Legal SUBJECT Items Relating to Revisions to Municipal Code Chapter 14 (Landmark Preservation) and to Land Use Code Section 3.4.7 (Historic and Cultural Resources). EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 034, 2019, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation. B. Second Reading of Ordinance No. 035, 2019, Amending Land Use Code Sections 3.4.7 and 5.1.2 Pertaining to Historic and Cultural Resources. These Ordinances, unanimously adopted on First Reading on February 19, 2019, amend City Code and Land Use Code to implement recommendations for improvements to codes that apply to historic buildings, sites, structures or objects (“historic resources”). These revisions are a result of the 2017-2018 Historic Preservation Codes and Processes Review. The objectives of this review were to provide greater clarity and predictability in all regulations governing historic resources and to improve standards for reviewing the design compatibility of new construction with historic resources. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 19, 2019 (w/o attachments) (PDF) 2. Ordinance No. 034, 2019 (PDF) 3. Ordinance No. 035, 2019 (PDF) Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY February 19, 2019 City Council STAFF Karen McWilliams, Historic Preservation Planner Tom Leeson, Director, Comm Dev & Neighborhood Svrs Brad Yatabe, Legal SUBJECT Items Relating to Revisions to Municipal Code Chapter 14 (Landmark Preservation) and to Land Use Code Section 3.4.7 (Historic and Cultural Resources). EXECUTIVE SUMMARY A. First Reading of Ordinance No. 034, 2019, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation. B. First Reading of Ordinance No. 035, 2019, Amending Land Use Code Sections 3.4.7 and 5.1.2 Pertaining to Historic and Cultural Resources. The purpose of this item is to present proposed revisions to the Municipal Code and Land Use Code to implement recommendations for improvements to codes that apply to historic buildings, sites, structures or objects (“historic resources”). These revisions are a result of the 2017-2018 Historic Preservation Codes and Processes Review. The objectives of this review were to provide greater clarity and predictability in all regulations governing historic resources and to improve standards for reviewing the design compatibility of new construction with historic resources. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The Historic Preservation Division has recently completed a thorough, two-year review of Codes and processes to identify changes that promote clarity, effectiveness and predictability in the regulations governing older and designated historic resources. These changes address the review of proposed development affecting historic resources; address the compatibility of new development with its surrounding context; limit the number and types of 50-year old properties subject to review; and improve the involuntary landmark designation process. This review builds upon extensive work undertaken in 2012-2014 to align the City’s historic preservation programs with Council’s policies and strategic outcomes. To assist with the Code and process review, the City hired Clarion Associates, a national land-use consulting firm. Clarion undertook a comprehensive examination of best practices around the state and nation and conducted a comparative analysis of the Fort Collins Codes and processes with those in over a dozen peer communities. For each topic researched, Clarion prepared a report that summarized the current conditions related to the topic; discussed the issues, highlighted various approaches used throughout the country; and provided conclusions and recommendations for improvements tailored to Fort Collins. (Attachment 5) ATTACHMENT 1 Agenda Item 21 Item # 21 Page 2 Each report was then reviewed by a Citizen Advisory Committee (CAC), the Landmark Preservation Commission (LPC), and City staff. The sixteen-member CAC was comprised of a variety of stakeholders, including historic preservationists, architects, real estate developers and realtors, local land attorneys, property owners, and history group members. (A list of CAC members is provided on page 4 of this AIS.) The CAC convened for twenty meetings and spent over 400 hours over the course of the two years to review Clarion’s recommendations, provide input and add their own recommendations. Each of Clarion’s reports and the work of the CAC was subsequently presented to the LPC for additional discussion. Community outreach included two seminars with architects and design professionals; two community workshops; numerous presentations to key boards and organizations; questionnaires, including one of Old Town neighbors on the effectiveness of the historic review of single-family dwellings; and a mailing on proposed changes to all owners of National and State Register designated properties. A full list of community outreach activities is offered on page 4 of this Agenda Item Summary. Based upon direction received at Council’s April 24, 2018, Work Session (Attachment 1), staff is bringing forward revisions to both the Municipal Code and Land Use Code for Council’s consideration. Key Changes to Municipal Code Chapter 14, Landmark Preservation Articles I through IV are being repealed and replaced in their entirety due to the extensive changes proposed. 1. Improved organization, usability, and clarity of Chapter 14, “Landmark Preservation.” Currently, related information is scattered throughout the Chapter making it difficult to understand the applicable regulations and processes. The reorganization groups together relevant information more effectively and enhances the understanding of the chapter’s standards and related review processes. 2. Emphasis on professional historic resource survey to determine eligibility for Fort Collins landmark status. Current staffing and time limitations mean that the evaluation of a property’s eligibility for Landmark status is typically based only on the most readily available information provided by the applicant and basic research conducted by staff. This often lacks the in-depth information provided by the gold standard in historic preservation: a professional historic property survey. Two improvements will correct this problem in the future. The 2019-2020 funding for a contractual historic preservation survey professional will allow staff to gather historic property surveys proactively; and the proposed Code requirement to use a professional survey as the basis for determinations of eligibility will improve confidence in the process and eliminate errors. Any non-consensual landmark designation would require a full, intensive-level historic resource survey. For development proposals, resources located on a proposed development site will also require an intensive-level historic resource survey to determine landmark eligibility. Historic resources on nearby parcels within the 200-foot area of adjacency will require a simpler architectural-level historic property survey, to identify key architectural features that may influence compatible design. A more comprehensive and thorough approach to historic property survey, supported by the enhancement funding for 2019-2020, will allow City staff to identify historic resources that should be on the community’s radar because they are both historically significant and more likely to be threatened by neglect or redevelopment. 3. Far fewer residential properties will be subject to the 50-year threshold for determining eligibility. Currently, every non-designated property 50 years of age or older for which a building or development permit is sought is subject to an evaluation of landmark eligibility. Fort Collins contains 13,838 properties 50 years of age or older. Over the next ten years, this number will more than double to 30,413. Elimination of the demolition/alteration review of non-designated single-family residences, as proposed in these changes, would significantly limit the properties subject to landmark eligibility evaluation and the review Agenda Item 21 Item # 21 Page 3 of exterior alterations. Multi-family and commercial properties would continue to be reviewed, as would single-family residential structures slated for demolition or change of use that are located on a development site. All other non-designated single family detached dwellings would no longer be evaluated for potential landmark designation prior to their demolition or alteration. A single-family detached dwelling that is 50 years or older that applies for a demolition or major alteration would still be posted with a “Historic Review” sign, to provide the community an opportunity to request historic designation of the property. 4. Meet federal Certified Local Government (CLG) requirements for the review of proposed alterations to National and State Register properties. The review of alterations or demolition of designated buildings that are 50 years old and older is a requirement for CLG status. Analysis of the existing process identified that, while the Code already contains the requirement for review, the processes are not currently in compliance. Changes would ensure alignment between the Codes and processes and provide the process for the review of exterior alterations to National and State Register properties. Work found to comply with the review standards would receive a certificate of appropriateness, qualifying the work for potential local, state and federal financial incentives; a report would be issued to the applicant and the State Historic Preservation Office would be notified of work to National and State Register properties that does not comply with the standards; the report would explain why the work does not meet the standards and how it could be made compliant if desired. 5. Involuntary Landmark Designation process shortened and simplified; 180-day hold may be extended. While intentionally designed to provide sufficient time to find solutions to the potential loss of a historic resource, the current procedure for an involuntary landmark designation is repetitive, cumbersome and unclear. Currently, applications meeting the minimum submittal requirements are obligated to be forwarded to the LPC for consideration, even if the resources would not qualify for designation, adding to the time for final resolution. The 180-day hold on demolition permits in place while the designation is under consideration by the LPC and Council can expire through delays that the process does not currently account for, providing a loophole in the process. Eliminating one of the required hearings and shortening the time required for seeking owner consent for designation has reduced the process by 35 days, from 139 days to 104 days. Additionally, a requirement to process the application as quickly as feasible has been added to the Code, to prevent unnecessary delay. The ability for the Director to extend the 180-day hold due to extenuating circumstances prevents circumvention of the process. Further changes add the ability for staff to reject applications where a minimum of 50% percent of the properties in a proposed landmark district do not meet the designation standards, saving additional time. 6. Remedying of dangerous conditions definition added to Building Code The Chief Building Official, City Attorney’s Office (CAO) and Historic Preservation staff have identified improvements to the building codes to address dangerous buildings and clarify at what point a dangerous building becomes imminently dangerous. These amendments to Chapter 5, Article II, Division 3 of the City’s building codes were adopted by Council by Ordinance No. 154, 2018, on December 18, 2018. Agenda Item 21 Item # 21 Page 4 Key Changes to Land Use Code Section 3.4.7, Historic and Cultural Resources Section 3.4.7 is repealed and replaced in its entirety due to the extensive changes proposed. 7. At the earliest stage of development review, establish a consistent and predictable 200-foot limit for identifying historic resources that will be used as the basis for design compatibility of new development. Currently there is no consistent formula for defining an area of adjacency within which historic resources will be identified near infill development sites. Clearly defining the maximum boundary as 200 feet from the perimeter of the development parcel provides predictability to the community and staff. A 200-foot area of adjacency boundary closely approximates one half of a block in downtown Fort Collins, where lots typically measure 400’ by 400’. In addition, any resources on the development site are evaluated and categorized in one of three categories: designated historic resources (Fort Collins landmarks or State and National Register); eligible for landmark designation; or not eligible for historic designation (lacking historic significance and/or loss of historic architectural integrity). Designated or eligible historic resources on the development site are also included in the area of adjacency, and any alterations proposed to those eligible or designated resources will go through the LPC design review process in order to receive a recommendation to the decision maker. 8. Design compatibility standards for new construction that differentiate between development that directly abuts a historic property and development that does not directly abut any historic resources in its area of adjacency. The new design standards are simplified, clarified, and crafted to provide more flexibility for applicants and to allow for creative building forms and site design options. Developments that abut (touch) a historic property are required to have a higher level of design compatibility, meeting six standards, while those developments at least one parcel or more away from the historic resource are required to comply with two standards. Several of the standards provide a menu of choices for compliance, allowing for greater creativity. CITY FINANCIAL IMPACTS In general, there are no Citywide financial impacts expected with the adoption of these Ordinances. Triple Bottom Line Scan The Triple Bottom Line Scan (TBLS) Team conducted a scan of these code and process changes on October 10, 2018. The results demonstrate that these recommended changes are expected to have a positive impact in all three areas, with a strong level of confidence. (Attachment 6) BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission unanimously recommended adoption of the amendments to Land Use Code Section 3.4.7, Historic and Cultural Resources, at its December 19, 2018 meeting. The Landmark Preservation Commission unanimously recommended adoption of the amendments to Municipal Code Chapter 14, Landmark Preservation, at its January 16, 2019 Meeting. The Planning and Zoning Board unanimously recommend adoption of the amendments to Land Use Code Section 3.4.7, Historic and Cultural Resources, at its December 20, 2018 and January 17, 2019 meetings. PUBLIC OUTREACH Historic Preservation policy direction underpinning the Code review project was gathered through numerous community engagement activities, including presentations to boards and commissions, meetings with stakeholder groups, surveys, open houses and workshops, listening sessions, and website updates. These events and meetings informed staff on the level of support each of the proposed Code updates. Agenda Item 21 Item # 21 Page 5 City Boards and Commissions  Landmark Preservation Commission: 26 presentations and discussions over the course of two years  Planning and Zoning Board: 3 presentations and discussions Citizen Advisory Committee (CAC) A sixteen-member committee with representation from all major stakeholder groups discussed and provided recommendations on all proposed changes. The CAC members devoted over 400 hours, meeting twenty times over the course of two years, with additional review via email. Committee members consisted of:  Matt Robenalt, Executive Director, Downtown Development Authority;  Sherry Albertson-Clark, Planning and Development Consultant;  Steve Schroyer, Development Consultant  Chris Aronson, Architect, Vaught Frye Larson Aronson Associates  David Dixon, Local History Interest Groups Representative  Leslie Williams, Old Town Homeowner  Jennifer Carpenter, Planning and Zoning Board Representative and Realtor  Lucia Liley, Attorney  Janelle Kechter, Legal Assistant  Brian Cooke, Business Writer and Editor, Visit Fort Collins Ambassador, and Owner of a Landmark Residence  Brian Dunbar, Institute for the Built Environment  Meg Dunn, Landmark Preservation Commission Chair, and Owner of a Landmark Residence  Per Hogestad, Architect and Owner of a Residence in a Landmark District  James MacDowell, Realtor and Owner of a Landmark Income-Producing Property  Anita Rehner, Old Town Homeowner  Dr. Sarah Payne, Colorado State University History Faculty Community Organizations  Downtown Development Authority (DDA) Board of Directors: April 12, 2018; September 13, 2018.  Development Review Advisory Committee November 14, 2017; February 13, 2018.  Protect Our Old Town Neighborhoods (POOTH) Board: February 23, 2018; December 5, 2018.  Chamber of Commerce’s Local Legislature Affairs Committee (LLAC): November 30, 2017; February 22, 2018; and July 20, 2018.  American Institute of Architects (AIA) Colorado North Chapter: Community Workshops on Architecture and Design Standards for Infill and Historic Districts. These workshops were well-attended by members of the design and development community and featured keynotes by highly-regarded national and regional design experts: October 19, 2017; November 2, 2017.  Government Affairs Committee of the Board of Realtors: March 13, 2018.  Northern Colorado Commercial Association of Realtors: March 5, 2018.  Historic Larimer County: March 25, 2018. Property Owners and Residents  Mailing to more than 2,000 primarily Old Town Neighborhoods property owners informing them of proposed changes and directing them to additional online information.  Online questionnaire for owners of older (50+ years of age) residential properties and Old Town neighbors about effectiveness of current demolition/alteration review process (164 responses).  Mailing informing 700 property owners of National and State Register properties in Fort Collins about proposed changes.  Community Open Houses on February 28, 2018 and on July 25, 2018  Staff continues to meet with property owners and stakeholders to understand any issues or concerns with the proposed regulations. Agenda Item 21 Item # 21 Page 6 ATTACHMENTS 1. Council Work Session Summary April 24, 2018 (PDF) 2. Memorandums to Council on Code Review (PDF) 3. Landmark Preservation Commission minutes (PDF) 4. Planning and Zoning Board minutes (PDF) 5. Consolidated Recommendations (PDF) 6. Triple Bottom Line Scan Summary (PDF) 7. Powerpoint presentation (PDF) -1- ORDINANCE NO. 034, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING LANDMARK PRESERVATION WHEREAS, the protection, enhancement and perpetuation of sites, structures, objects and districts of historic, architectural, archeological, or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people; and WHEREAS, City Code Chapter 14, Landmark Preservation, contains regulations adopted to preserve, protect, and enhance the City’s historic heritage; and WHEREAS, City historic preservation staff has completed a two-year review to identify changes to the City’s historic preservation regulations that will promote greater clarity, effectiveness, and predictability in the administration of historic preservation within the City; and WHEREAS, as a result of the review, City staff is recommending changes to City Code Chapter 14 to City Council; and WHEREAS, on January 16, 2019, the Landmark Preservation Commission unanimously recommended that City Council adopt the proposed changes to City Code Chapter 14; and WHEREAS, the City Council has determined that the recommended changes to City Code Chapter 14 are in the best interests of the City and its citizens. 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 Articles I through IV of Chapter 14 of the Code of the City of Fort Collins are hereby repealed in their entirety and reenacted to read as follows: ARTICLE I. IN GENERAL Sec. 14-1. Declaration of policy. (a) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historic, architectural, archeological, or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people. -2- (b) It is the opinion of the City Council that the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historical, architectural, archeological and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets. Sec. 14-2. Purpose. The purposes of this Chapter are to: (a) Survey, identify, designate, preserve, protect, enhance and perpetuate those sites, structures, objects and districts which reflect important elements of the City's cultural, artistic, social, economic, political, architectural, archeological, or other heritage; (b) Foster civic pride in the beauty and accomplishments of the past; (c) Stabilize or improve aesthetic and economic vitality and values of such sites, structures, objects and districts; (d) Protect and enhance the City's attraction to tourists and visitors; (e) Promote the use of important historical, archeological, or architectural sites, structures, objects and districts for the education, stimulation and welfare of the people of the City; (f) Promote good urban design; (g) Promote and encourage continued private ownership and utilization of such sites, structures, objects or districts now so owned and used, to the extent that the objectives listed above can be attained under such a policy; and (h) Promote economic, social, and environmental sustainability through the ongoing survey and inventory, use, maintenance, and rehabilitation of existing buildings. Sec. 14-3. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: Accessory building shall mean a building detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal, and located on the same lot, lots, or area of property upon which the principal building is located. Accessory structure shall mean a structure detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building, and ordinarily located on the same lot, lots, or area of property upon which the principal building is located. Adverse effect 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 -3- property's integrity. Adverse effects may include reasonably foreseeable effects caused by the undertaking that may occur later in time, be removed in distance, or be cumulative. Alteration shall mean any act or process, including relocation, reconstruction, restoration, rehabilitation, or the erection of a new improvement, which changes one (1) or more of the physical characteristics of a historic resource. The term alteration shall include the partial or complete demolition of a historic resource. CDNS shall mean the Community Development and Neighborhoods Services Department, or the successor department in which City Historic Preservation staff operate. Characteristics shall mean the visible and tangible attributes of a site, structure, object or district, including, but not limited to, the architectural design, style, general arrangement and components of all the outer surfaces of a site, object, structure or improvement, including, but not limited to, the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appurtenant to said site, object, structure or improvement. Commission shall mean the Landmark Preservation Commission created in § 2-276. Contributing shall mean a site, structure or object eligible for designation, or formally designated, that has significance and that retains enough integrity to contribute to the character of a district even though its exterior may have been altered. Demolition shall mean any act or process that destroys partially or in its entirety an eligible or designated site, structure or object, or a site, structure or object within an eligible or designated district. Designated resource shall mean (1) designated Fort Collins landmarks; (2) sites, structures, or objects designated on the Colorado State Register of Historic Places or the National Register of Historic Places; or (3) contributing resources to a designated Fort Collins or Colorado State or National historic district. Determination of eligibility shall mean a determination pursuant to this Chapter that a site, structure, object or district meets the standards for designation as a Fort Collins landmark or landmark district. The determination of eligibility for the National and/or State Register of Historic Places shall be according to the processes and procedures of the Colorado State Historic Preservation Office. Director shall mean the Director of Community Development and Neighborhood Services or his or her designee. District shall mean a geographically definable area possessing a concentration, linkage or continuity of sites, structures or objects and their surrounding environs united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. -4- Dwelling shall mean a building used exclusively for residential occupancy and for permitted accessory uses. Dwelling, single-family shall mean a dwelling containing no more than one (1) dwelling unit. Dwelling, single-family detached shall mean a single-family dwelling that is not attached to any other dwelling or building by any means, including mobile homes and manufactured housing situated on a permanent foundation. Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking, and sanitary purposes. Eligibility shall mean a resource's ability to meet one (1) or more of the criteria for significance as a Fort Collins landmark, or the criteria for significance on the National Register of Historic Places and/or State Register of Historic Properties, and that possesses exterior integrity. Historic resource shall mean a site, structure, or object that is located on a lot, lots, or area of property and is (1) designated as a Fort Collins landmark; (2) a contributing resource to a designated Fort Collins landmark district; (3) designated on the State Register of Historic Properties or National Register of Historic Places; or (4) has been determined to be eligible for designation as a Fort Collins landmark. Improvement shall mean any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment, including improvements on public property. Landmark shall mean any site, structure, object or improvement and its surrounding environs officially designated as a Fort Collins landmark pursuant to the provisions of this Chapter. Landmark district shall mean a district that has been officially designated as a Fort Collins landmark district pursuant to the provisions of this Chapter. Non-contributing/not eligible shall mean a site, structure or object that does not possess sufficient significance and/or integrity for designation, and is considered non-contributing to a district, or not eligible to be designated as a landmark. Object shall mean a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable. Owner shall mean the owner of fee simple title as shown in the records of the County Assessor. Repair and maintenance shall mean work done on a site, structure or object in order to correct any deterioration, decay or damage to any part thereof in order to restore the same as nearly as practical to its condition prior to such deterioration, decay or damage. -5- Resource shall mean any site, structure or object that is part of or constitutes a property. Site shall mean the location of a significant event, a prehistoric or historic occupation or activity or a structure or object whether standing, ruined or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure. Staff shall mean City Historic Preservation Division staff members meeting the professional requirements contained in Title 36, Part 61 of the Code of Federal Regulations. Structure shall mean that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Sec. 14-4. Commission Secretary and Liaison. The Director, or his or her designee, shall act as secretary and liaison to the Commission. The secretary shall be the custodian of the records of the Commission, shall handle official correspondence and shall generally supervise the clerical and technical work of the Commission. Sec. 14-5. Waiver of conditions. (a) Upon a showing of substantial hardship or to protect against an arbitrary result, and following notice as provided in § 14-34 of this Chapter, the Commission may waive such conditions and requirements as are set forth in this Chapter provided the Commission finds that the spirit and purpose of the Chapter are not substantially eroded and that the requested waiver meets one (1) or both of the following criteria: (1) The requested waiver is the minimum necessary to accommodate exceptional physical conditions or other extraordinary and exceptional situations unique to the affected property, which may include, but are not limited to, physical conditions such as exceptional narrowness, shallowness or topography, and such difficulties or hardship are not caused by the act or omission of the applicant; and/or (2) The requested waiver as submitted will not diverge from the conditions and requirements of this Chapter except in nominal and inconsequential ways, and will continue to advance the purposes of this Chapter. (b) Any finding made under Paragraph (a)(1) or (a)(2) above shall be supported by specific findings showing how the proposal, as submitted, meets the requirements and criteria of said Paragraph (a)(1) or (a)(2). Sec. 14-6. Offenses against historic resources and potentially eligible resources. (a) Except as may be authorized pursuant to this Chapter or the provisions of the Land Use Code, no person shall damage, deface, destroy, or otherwise cause any alteration to be made to any site, structure or object that is: (1) Fifty (50) years of age or older that is not a single-family detached dwelling; (2) An accessory building or structure fifty (50) years of age or older that -6- is not directly associated with a single-family detached dwelling; (3) A historic resource; or (4) Undergoing any of the processes provided for in this Chapter. (b) Except in response to a bona fide determination of imminent danger under § 14-8 of this Article, no person shall deviate from or fail to comply with any approved plan of protection for any historic resource that is required under this Chapter or the Land Use Code. Sec. 14-7. Minimum maintenance requirements for designated resources. (a) All designated resources shall be maintained in such fashion as to meet the requirements of the International Property Maintenance Code or the International Existing Building Code, as adopted and amended by the City. The owner of such designated resource(s) shall also keep in good repair all structural elements thereof which, if not so maintained, may cause or tend to cause the exterior portions of such designated resources to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair which would have an adverse effect upon such designated resources. (b) The Commission may request that the Director require correction of defects or repairs to any designated resource(s) regulated by this Section. Sec. 14-8. Remedying of dangerous conditions. In any case where a properly authorized public official or employee orders the demolition of any historic resource for the purpose of remedying conditions determined by that official or employee to constitute an imminent danger, as such term is defined in the version of the International Property Maintenance Code adopted and amended by the City, to life, health or property, nothing contained herein shall be construed as making it unlawful for any person to comply with such order. Such official or employee shall take immediate steps to notify the Commission of the proposed issuance of such order and may include in the order any timely received requirements or recommendations of the Commission or staff. In the event that such official or employee has determined that the historic resource, with the exception of single-family detached dwellings, and accessory buildings or structures associated with single-family detached dwellings, that are non- designated, is capable of being made safe by repairs and need not be demolished, the historic resource shall be repaired, or demolished, in accordance with the provisions of this Article. Sec. 14-9. Appeal of decisions. Final decisions of the Commission shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq., unless otherwise provided. Any action taken in reliance upon any decision of the Commission that is subject to appeal under the provisions of this Chapter shall be at the sole risk of the person(s) taking such action, and the City shall not be liable for any damages arising from any such action taken during said period of time. Sec. 14-10. Violations and penalties. -7- Any person violating any provision of this Chapter shall be subject to the penalty provisions in § 1-15 of this Code. If any improvement is erected, constructed, reconstructed, altered, added to or demolished, or any land surface changed, in violation of this Chapter, the City may institute an appropriate action or proceeding to prevent or address such unlawful action. The imposition of any penalty hereunder shall not preclude the City from instituting any proper action or proceeding to require compliance with the provisions of this Chapter and with administrative orders and determinations made hereunder. Sec. 14-11. Severability. It is hereby declared to be the legislative intent of the City Council that the provisions of this Chapter shall be severable in accordance with the provisions set forth below: (a) If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that provision which is expressly stated in the decision to be invalid. Such decision shall not affect, impair or nullify this Chapter as a whole or any other part, and the rest of this Chapter shall continue in full force and effect. (b) If the application of any provision of this Chapter to any lot, resource, historic or otherwise, or other improvement or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, the effect of such judicial decision shall be limited to that lot, resource, historic or otherwise, or other improvement or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered. Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision to any other lot, structure or other improvement or tract of land. ARTICLE II. DESIGNATION PROCEDURE Sec. 14-21. Purpose. The standards and procedures in this Article apply in whole or in part to determine the eligibility of resources for designation as landmarks or landmark districts for (1) landmark or landmark district designation pursuant to Article III, (2) the analysis of proposed development pursuant to Land Use Code § 3.4.7, and (3) property owner information. Sec. 14-22. Standards for determining the eligibility of sites, structures, objects and districts for designation as landmarks or landmark districts. A determination of eligibility for landmark designation typically applies to the entire lot, lots, or area of property upon which the landmark is located and may include structures, objects, or landscape features not eligible for landmark designation located on such lot, lots, or area of property. In order for a district to be eligible for landmark district designation, at least fifty (50) percent of the properties contained within the proposed landmark district must qualify as -8- contributing to the district. Resources eligible for landmark designation or eligible to contribute to a landmark district must possess both significance and integrity as follows: (a) Significance is the importance of a site, structure, object, or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. Significance is achieved through meeting one (1) or more of four (4) standards recognized by the U.S. Department of Interior, National Park Service. These standards define how resources are significant for their association with events or persons, in design or construction, or for their information potential. The criteria for determining significance are as follows: (1) Events. Resources 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 resource can be associated with either, or both, of two (2) types of events: a. A specific event marking an important moment in Fort Collins prehistory or history; and/or b. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. (2) Persons/Groups. Resources 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. (3) Design/Construction. Resources 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 resources. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering and artwork, by either an individual or a group. A resource 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. (4) Information potential. Resources may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history. (b) Integrity is the ability of a site, structure, object, or district to be able to convey its significance. The integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of Interior, National Park Service: location, design, setting, materials, workmanship, feeling and association. All seven (7) -9- qualities do not need to be present for a site, structure, object, or district to be eligible as long as the overall sense of past time and place is evident. The criteria for determining integrity are as follows: (1) Location is the place where the resource was constructed or the place where the historic or prehistoric event occurred. (2) Design is the combination of elements that create the form, plan space, structure and style of a resource. (3) Setting is the physical environment of a resource. Whereas location refers to the specific place where a resource was built or an event occurred, setting refers to the character of the place in which the resource played its historic or prehistoric role. It involves how, not just where, the resource is situated and its relationship to the surrounding features and open space. (4) Materials are the physical elements that form a resource. (5) Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. (6) Feeling is a resource’s expression of the aesthetic or historic sense of a particular period of time. It results from the presence of physical features that, taken together, convey the resource’s historic or prehistoric character. (7) Association is the direct link between an important event or person and a historic or prehistoric resource. A resource retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a resource’s historic or prehistoric character. Sec. 14-23. Process for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins landmarks or landmark districts. (a) Application. An application for determining the eligibility of a resource or district for designation as a Fort Collins landmark or Fort Collins landmark district may be made by the owner(s) of the resource(s). A non-binding eligibility determination may be made by a development review applicant pursuant to Land Use Code § 3.4.7(C)(2). Said application shall be filed with the Director. Staff may require a current intensive-level Colorado Cultural Resource Survey Form for each resource contained in an application. The applicant shall reimburse the City for the cost of having such a survey generated by a third-party expert selected by the City. Within fifteen (15) days of the filing of such application, and receipt of the intensive-level survey if required, staff shall determine whether the property or properties containing or comprising the site, structure, object or district is eligible for designation as a Fort Collins landmark or landmark district based on the information contained in the -10- application and any additional information that may be provided by others. A determination of eligibility shall be valid for five (5) years unless (1) the Director determines that significantly changed circumstances require a reevaluation of the prior eligibility determination, or (2) the site, structure, object or district is undergoing designation proceedings pursuant to Article 3 of this Chapter in which case, new determinations of eligibility shall occur pursuant to such Article. Staff shall promptly publish the determination in a newspaper of general circulation in the City and cause a sign to be posted on or near the property containing the resource under review stating that the property is undergoing historic review. Said sign shall be readable from a point of public access and shall state that more information may be obtained from staff. (b) Appeal of determination. Any determination made by staff regarding eligibility may be appealed to the Commission by the applicant, any resident of the City, or owner of property in the City. Such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the date of the staff's determination. The appeal shall include an intensive-level Colorado Cultural Resource Survey Form for each resource that is subject to appeal, prepared by an expert in historic preservation acceptable to the Director and the appellant, with the completion cost of such intensive-level survey to be paid by the appellant. Such survey need not be filed with the appeal but must be filed at least fourteen (14) days prior to the hearing of the appeal. The Director shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. Not less than fourteen (14) days prior to the date of the hearing, the Director shall: (1) Provide the appellant and any owner of any resource at issue with written notice of the date, time and place of the hearing of the appeal by first class mail; (2) Publish notice of the hearing in a newspaper of general circulation in the City; and (3) Cause a sign readable from a public point of access to be posted on or near the property containing the resource under review stating how additional information may be obtained. ARTICLE III. LANDMARK DESIGNATION PROCEDURE Sec. 14-31. Initiation of designation procedure. (a) The Fort Collins landmark or Fort Collins landmark district designation process may be initiated at the written request of any Councilmember, by motion of the Commission, upon application of the owner(s) of the resource(s) to be designated, or of any three (3) or more residents of the City. Any Council or Commission member who initiated the designation process shall not be required to refrain from making any determination pursuant to this Article solely because such member initiated the process. (1) All applications for designation submitted by the owner(s) or City residents shall include: (1) A comprehensive architectural or archeological description of each resource proposed for designation or as contributing to a proposed district; (2) A detailed statement of how each resource or district meets the criteria for eligibility for designation in § 14-22; and (3) An explanation why the boundaries of each resource or district proposed for designation should be determined as described in the application. Staff shall reject incomplete applications and provide a description of the information necessary to complete such application and any such rejection is not subject to appeal. Upon receipt of a complete -11- application, staff may require a current intensive-level Colorado Cultural Resource Survey Form. The applicant shall reimburse the City for the cost of having such a survey generated by a third-party expert selected by the City. a. Staff shall review applications for Fort Collins landmark designation to determine whether the listed resource(s) satisfies the eligibility criteria contained in § 14-22. If any resource(s) listed in the application satisfies such criteria, staff shall forward the application to the Commission for its review pursuant to § 14-33. Such Commission review shall be limited to the resource(s) staff determined as having satisfied the eligibility criteria. A landmark designation typically applies to the entire lot, lots, or area of property upon which the landmark is located and may include structures, objects, or landscape features not eligible for landmark designation located on such lot, lots, or area of property. b. Staff shall review applications for Fort Collins landmark district designation to determine whether at least fifty (50) percent of the properties contained within the proposed district qualify as contributing to the district pursuant to the eligibility criteria contained in § 14-22. If staff determines that fifty (50) percent or more of the properties are contributing, staff shall forward the application to the Commission for its review pursuant to § 14-33. c. If staff determines that any resource listed in an application does not satisfy the eligibility criteria contained in § 14-22, or less than fifty (50) percent of the properties in a proposed district are contributing, staff shall deny the portion of the application relating to such resource(s), or the entire application in the case of a district, and inform the applicant(s) and any owner of any resource(s) at issue in writing of the denial via first class mail. Notwithstanding, a landmark designation typically applies to the entire lot, lots, or area of property upon which the landmark is located and may include structures, objects, or landscape features not eligible for landmark designation located on such lot, lots, or area of property. Any denial may be appealed to the Commission by the applicant(s) by submitting in writing to the Director a request for Commission review of the staff decision within fourteen (14) days of the date the written notification of the denial was mailed. Such appeal shall only review whether staff correctly determined the eligibility of the resource(s) or district for landmark designation. The appeal shall include an intensive-level Colorado Cultural Resource Survey Form, prepared by an expert in historic preservation acceptable to the Director and the appellant, with the completion cost of such survey to be paid by the appellant. Such survey need not be filed with the appeal but must be filed at least fourteen (14) days prior to the hearing of the appeal. Upon receiving a timely appeal request, the Director shall schedule a Commission hearing date for the appeal. Not less than fourteen (14) days prior to the date of the hearing, the Director shall: (1) Provide the appellant and any owner of any resource at issue with written notice of the date, time and place of the hearing of the appeal by first class mail; (2) Publish notice of the hearing in a newspaper of general circulation in the City; and (3) Cause a sign readable from a public point of access to be posted on or near the property containing the resource under review stating how additional information may be obtained. -12- (2) For designation processes initiated by any Councilmember or by motion of the Commission, staff shall prepare an application conforming to the requirements in above Subsection (a)(1). a. If the application is for Fort Collins landmark designation, staff shall determine whether the listed resource(s) satisfies the eligibility criteria contained in § 14-22. If any resource(s) listed in the application satisfies such criteria, staff shall forward the application to the Commission for its review pursuant to § 14-33. Such Commission review shall be limited to the resource(s) staff determined as having satisfied the eligibility criteria. b. If the application is for Fort Collins landmark district designation, staff shall determine whether at least fifty (50) percent of the properties contained within the proposed district qualify as contributing to the district pursuant to the eligibility criteria contained in § 14-22. If staff determines that fifty (50) percent or more of the properties are contributing, staff shall forward the application to the Commission for its review pursuant to § 14-33. c. If staff determines that any resource listed in the initiation request does not meet the eligibility criteria contained in § 14-22, or less than fifty (50) percent of the properties in a proposed district are contributing, staff shall deny the portion of the application relating to such resource(s), or the entire application in the case of a district, and inform the applicant(s) and any owner of the resource(s) at issue in writing of the denial via first class mail. Notwithstanding, a landmark designation typically applies to the entire lot, lots, or area of property upon which the landmark is located and may include structures, objects, or landscape features not eligible for landmark designation located on such lot, lots, or area of property. Any denial may be appealed to the Commission by the Councilmember who initiated the designation or by any Commission member who voted in favor of initiating designation by submitting in writing to the Director a request for Commission review of the staff decision within fourteen (14) days of the date the written notification of the denial was mailed. Such appeal shall only review whether staff correctly determined the eligibility of the resource(s) or district for landmark designation. Staff shall obtain an intensive-level Colorado Cultural Resource Survey Form, prepared by an expert in historic preservation and provide such survey to the Commission for its consideration at the appeal hearing. Upon receiving a timely appeal, the Director shall schedule a Commission hearing date. Not less than fourteen (14) days prior to the date of the hearing, the Director shall: (1) Provide the appellant and any owner of any resource at issue with written notice of the date, time and place of the hearing of the appeal by first class mail; (2) Publish notice of the hearing in a newspaper of general circulation in the City; and (3) Cause a sign readable from a public point of access to be posted on or near the property containing the resource under review stating how additional information may be obtained. (b) If the owner(s) is not initiating the designation, the Director shall contact the owner(s) of the proposed landmark or landmark district outlining the reasons and effects of designation as a -13- landmark and, if possible, shall secure the owner or owners’ consent to such designation. If the Director is unable to personally contact such owner(s), it shall be sufficient to send a written request for the consent to designation of the resource(s) by first class mail addressed to the owner(s) as shown on the most recent records of the County Assessor at the address shown on such records. Such written request for consent shall be deemed as having been received for purposes of § 14-33(b) upon the passage of five (5) days from the date of mailing of the request for consent. Sec. 14-32. Interim control of permit issuance. CDNS shall not issue any permit for the alteration or demolition of any resource(s) on a property or properties under consideration for designation as a Fort Collins landmark or Fort Collins landmark district from the date of the receipt of an application, a Councilmember written request, or a Commission motion initiating designation, all pursuant to § 14-31, until staff rejection of an application as incomplete pursuant to § 14-31 if the rejected application is not resubmitted with all staff identified deficiencies corrected within fourteen (14) days of the rejection, staff denial of an application in its entirety pursuant to § 14-31, Commission termination of the designation process pursuant to § 14-32, or final disposition of the designation by the City Council, unless such alteration or demolition is authorized by written resolution of the Commission as not causing an adverse effect on the eligibility of the resource(s) for designation, or by written resolution of the City Council as necessary for public health, welfare or safety. Furthermore, CDNS shall not issue any permit during the period in which a staff denial pursuant to § 14-31, or a Commission authorization pursuant to this Section that no adverse effect will occur, may be appealed and until a final decision on the appeal is rendered should a notice of appeal be filed. This stay on the issuance of permits shall include any period for filing a notice of appeal to City Council from a Commission decision on an appeal of a staff determination, or until City Council has made a final decision in such an appeal, should a notice of appeal be filed. This Section shall not be construed as waiving any other applicable requirements for the issuance of a permit under the Fort Collins Municipal or Land Use Code. No delay on the issuance of permits pursuant to this Section shall exceed one-hundred eighty (180) days unless the Director determines that the City has followed the designation process set forth in this Article without unnecessary delay and more time is needed to complete the designation process. Sec. 14-33. Commission designation review. (a) If all owners of the resource(s) or properties to be designated consent in writing to such designation, the Commission may adopt a written resolution after holding a hearing recommending to the City Council the designation of the landmark or landmark district without the necessity of the notice pursuant to § 14-34 or Commission hearings described in below Subsections (b) and (c). (1) Written notice of the date, place, and time of the hearing shall be mailed first class to the owners of the resource(s) at least seven (7) days prior to such hearing. (2) At the hearing, the Commission shall determine whether the following two (2) criteria are satisfied: (1) the proposed resource(s) is eligible for designation or that fifty (50) percent -14- or more of the properties within a proposed landmark district are contributing pursuant to § 14-22, and (2) the requested designation will advance the policies stated in § 14-1 and the purposes stated in § 14-2 in a manner and extent sufficient to justify the requested designation. If the Commission determines that both of the aforementioned criteria have been satisfied, it shall adopt a written resolution recommending to the City Council the designation of the landmark or landmark district and City Council shall review the proposed designation pursuant to § 14-35. If a portion of the proposed resources in a landmark designation application are determined to be eligible, the Commission shall only forward a recommendation regarding the eligible resource(s) and City Council shall only review such resource(s). (3) If the Commission determines that the proposed resource(s) does not satisfy either, or both, of the two (2) criteria in above Subsection (2), the Commission shall adopt a written resolution detailing why the proposed resource(s) or properties are not eligible for designation and the designation process shall be terminated. Such termination is considered a final decision. (b) If all owners of the resource(s) to be designated do not consent to designation within ten (10) days from the date of receipt of the request for consent to designation, the Commission shall hold a hearing at a specified time, date and place, following the giving of notice as described in § 14-34 below. The ten (10) day period may be waived with the agreement of all non- consenting owners of the resource(s). (1) The purpose of said hearing shall be to determine whether pursuant to § 14-22, the resource(s) is eligible for landmark designation or, for a landmark district application, whether fifty (50) percent or more of the properties are contributing. CDNS shall provide all information related to any application to demolish or alter the resource(s) or properties that are the subject of the application and, in the Director’s discretion, a Colorado Cultural Resource Survey Form for the resource(s) or properties. The Commission shall adopt a written resolution stating whether the resource(s) is eligible for landmark designation or whether fifty (50) percent or more of the properties within a proposed landmark district are contributing and the reasons why. As part of the resolution, the Commission may recommend modification of any proposed designation, but no proposal may be extended beyond the boundaries of the land described in the application unless the initiation and hearing procedures are repeated for the enlarged boundaries. If the Commission determines that the proposed resource(s) is eligible for designation or that fifty (50) percent or more of the properties within a proposed landmark district are contributing, a second hearing as described in below Subsection (c) shall be scheduled. If a portion of the proposed resources in a landmark designation application are determined to be eligible, the Commission shall only review those resources determined to be eligible at the second hearing. (2) In the event the Commission determines that no resource in a landmark designation application is eligible for landmark designation or that less than fifty (50) percent of the properties within a proposed landmark district application are contributing, the designation procedure shall be terminated. A Commission determination that no resource in a landmark -15- designation application is eligible for landmark designation or that less than fifty (50) percent of the properties within a proposed landmark district application are contributing is considered a final decision. Commission adoption of a written resolution that any resource is eligible for designation or that fifty (50) percent or more of the properties in a proposed district are contributing at the first hearing is not considered a final decision. (c) Upon determination by the Commission under Subsection (b)(1) that it should further consider the designation of the resource(s) or properties and following the giving of notice as described in § 14-34 below, the Commission shall hold a second hearing. The purpose of this hearing shall be to determine whether the requested designation will advance the policies stated in § 14-1 and the purposes stated in § 14-2 in a manner and extent sufficient to justify the requested designation without the consent of one (1) or more owners of the resource(s) or properties under review. Upon the affirmative vote of at least six (6) of its members at the hearing, the Commission may adopt a written resolution recommending that the City Council designate the resource(s) or properties at issue without the consent of all of the owners because such designation is justified by the manner and extent to which the requested designation would advance the policies stated in § 14-1 and the purposes stated in § 14-2. If the Commission adopts a resolution, it shall be forwarded to the City Council pursuant to below Subsection (d) and City Council shall decide whether to designate the resource(s) or properties. If more than one (1) resource or property is involved in the requested designation, the Commission may determine that designation is justified for some or all of the resources or properties involved and City Council consideration for designation shall be limited to the resources or properties for which such justification was found to exist. As part of the resolution, the Commission may recommend modification of any proposed designation, but no proposal may be extended beyond the boundaries of the land described during the initiation of the designation process unless the initiation and hearing procedures are repeated for the enlarged boundaries. (1) If fewer than six (6) Commission members are able to participate in the second hearing due to the filing of conflict of interest disclosures by all absent members, the hearing may proceed with a minimum of four (4) members. In such a situation, the affirmative vote of all four members shall be required to adopt a written resolution to the City Council. (2) If at least six (6) Commission members are not present at the scheduled hearing, the members present shall continue the hearing to another date within two (2) weeks. If at least six (6) members are not present at the subsequent date, the hearing shall be cancelled and the designation procedure terminated. Such termination is not considered a final decision. (3) If the Commission does not adopt a resolution at a hearing where at least six (6) members are present, or four (4) members as described in above Subsection (1), the designation procedure shall be terminated. Such termination is not considered a final decision. (d) Should the Commission adopt a written resolution pursuant to above Subsections (a) or (c), it shall transmit such resolution to the City Council within fifteen (15) days after adoption. The resolution adopted in above Subsection (b)(1) shall be transmitted along with any resolution adopted pursuant to Subsection (c). -16- (e) Reasonable opportunity shall be provided for all interested parties to express their opinions at the foregoing hearings regarding the proposed designation. However, nothing contained herein shall be construed to prevent the Commission from establishing reasonable rules to govern the proceedings of the hearings or from establishing reasonable limits on the length of individual presentations. The hearings shall be recorded and minutes provided to each City Councilmember. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present at such time as the new time, date, and place is established. Such information shall be promptly forwarded, by first class mail, to the owners of record as established and addressed pursuant to § 14-34. Sec. 14-34. Notice of hearings. Notice of the hearings referenced in § 14-33(b), § 14-33(c), and § 14-35 for hearings where not all of the owners consent to designation shall be given as follows: (a) Written notice of the time, date, place and subject of the hearing shall be sent by first class mail not less than thirty (30) days prior to the hearing to all owners of record on the date of the application who own the resource(s) being proposed for designation as a landmark or landmark district. Such notice shall be deemed delivered upon the passage of five (5) days from the date of mailing of the notice. (b) Signs indicating that landmark designation is being considered by the Commission shall be posted by staff for a period of not less than fifteen (15) days immediately preceding the applicable hearing on all properties containing resources(s) proposed for Fort Collins landmark designation or on the boundaries of all areas proposed for Fort Collins landmark district designations. Such signs shall be prominently displayed and easily readable from abutting public ways. (c) A legal notice indicating the nature of the hearings, the resource(s) involved and the time, date and place of the scheduled public hearing shall be published in a local newspaper of general circulation one (1) time at least fifteen (15) days prior to the hearing. (d) Notice indicating the nature of the hearings, resource(s) involved and the time, date and place of the scheduled public hearing shall be placed on the City’s website. Sec. 14-35. City Council action. Upon receipt of any recommendation regarding a proposed designation transmitted by the Commission pursuant to § 14-33(a)(1) or § 14-33(c), the City Council shall schedule a hearing to consider the designation on a date as early as reasonably practicable but no more than seventy-five (75) calendar days after receipt of the recommendation. Such seventy-five (75) day period may be extended upon majority vote of the City Council members present at the time the vote is taken. (a) The hearing is considered quasi-judicial in nature and the City Council may receive new evidence and argument not presented to the Commission. At the hearing, the City Council -17- shall determine whether the following two (2) criteria are satisfied: (1) the proposed resource(s) is eligible for designation or that fifty (50) percent or more of the properties within a proposed landmark district are contributing pursuant to § 14-22, and (2) the requested designation will advance the policies stated in § 14-1 and the purposes stated in § 14-2 in a manner and extent sufficient to justify the requested designation. (b) In making its decision on the designation, the City Council shall give due consideration to the views of owners of affected resource(s) and the Commission’s resolutions and recommendation. If the City Council determines that the two (2) criteria in above Subsection (a) have been satisfied, it shall designate the resource(s) or properties as a Fort Collins landmark or landmark district by ordinance. (c) For recommendations received pursuant to § 14-33(a)(1) where all owners consent to designation, the City Council may approve a designation by adopting an ordinance on the consent agenda in lieu of a hearing provided such ordinance contains detailed findings that satisfy the standards for designation set forth in this Section. Sec. 14-36. Recording with County Clerk. Within fifteen (15) days of the effective date of an ordinance designating a resource(s) or properties as a Fort Collins landmark or Fort Collins landmark district, the City shall record among the real estate records of the County Clerk and Recorder a certified copy of the ordinance designating the specified resource(s) or properties. Sec. 14-37. Final notification to owner. Within fifteen (15) days of the effective date of an ordinance designating a resource(s) or properties as a Fort Collins landmark or Fort Collins landmark district, the Director shall send to the owner of each resource or property so designated a letter outlining the reasons for such designation and the obligations and restrictions created by such designation. Such letter shall also contain a request that the owner or his or her successors or assigns notify the Director prior to the preparation of plans for the alteration, relocation, or demolition of improvements on such resource(s) or properties. Sec 14-38. Limitation on resubmission and reconsideration of proposed designation. For one (1) year, no person or persons shall submit an application for designation pursuant to § 14-31 that is the same or substantially the same as a proposal for which: (a) Staff determined that the resource(s) or properties contained in an application for designation were not eligible for designation pursuant to § 14-31; (b) The designation process was terminated pursuant to § 14-33; or (c) City Council decided to not designate pursuant to §14-35 -18- The one (1) year time period shall be measured from the latter of the date of the occurrence of any of the above three (3) events or the date a final decision is rendered in any appeal to the Commission or Council for events (1) or (2). The one (1) year prohibition on submitting the same or substantially the same application may be waived by the Director upon a showing of changed circumstances that demonstrate the need for designation of the resource(s) or district. Sec. 14-39. Amendment or rescission of designation. A Fort Collins landmark and Fort Collins landmark district designation may be amended or rescinded in the same manner as the original designation was made. Sec. 14-40. Notification of state or national designation. The Director shall promptly notify the Commission of any known national or state designations which occur within the City. ARTICLE IV. DESIGN REVIEW OF PROPOSED ALTERATIONS TO DESIGNATED RESOURCES Sec. 14-51. Alterations to designated resources requiring a certificate of appropriateness or report. (a) Except as provided in § 14-8, no person shall make, or otherwise cause to be made, any alteration described in Subsection (b) to any designated resource described in this Subsection (a) unless such person has first obtained a certificate of appropriateness or the Commission has issued a report to the Colorado State Historic Preservation Officer as follows: (1) Fort Collins landmarks or contributing or non-contributing resources within Fort Collins landmark districts, whether designated on the Colorado State Register of Historic Properties or the National Register of Historic Places, require a certificate of appropriateness issued pursuant to the requirements of this Article. (2) Resources designated on the Colorado State Register of Historic Properties or the National Register of Historic Places, and that are not Fort Collins landmarks or within Fort Collins landmark districts, require a report to the Colorado State Historic Preservation Officer issued pursuant to the requirements of this Article. (b) The following proposed alterations to the designated resources listed in above Subsection (a) require a certificate of appropriateness or Commission report: (1) Alteration of any land surface, including the addition or removal of any improvement to or from any land surface, that is within or part of any designated resource listed in above Subsection (a). (2) Exterior alterations, including windows or siding replacement, or partial or total demolition of any designated resource listed in above Subsection (a). -19- (3) Alteration of any interior space of a designated resource listed above in Subsection (a) that is readily visible from any public street, alley, park or other public place. (c) Any person proposing any alteration to a designated resource that requires a certificate of appropriateness or report pursuant to this Section shall submit an application pursuant to § 14- 52. (d) If any alteration is made without first obtaining a certificate of appropriateness, the City may issue a stop work order for any permits issued for the property upon which the designated resource is located, refuse to finalize any issued permits, refuse to issue a certificate of occupancy, refuse to issue additional City permits, and take any other available action, or any combination of the aforementioned, until the applicant has applied for and received approval for the alteration. If the alteration is not approved, the property owner shall restore the site, structure, or object to its original condition prior to any alteration occurring. (e) In the design review process, the staff and Commission consider the unique circumstances of each proposed alteration. Therefore, previous approval of a specific alteration of a designated resource in one setting and set of circumstances does not necessarily set a precedent for the approval of future proposed alterations that may appear to be similar but actually present their own unique circumstances. Sec. 14-52. Stay on Issuance of City Permits. Except as provided in § 14-8, no City permit shall be issued to allow any alteration to a designated resource described in § 14-51 until a certificate of appropriateness or report has been issued pursuant to this Article and, for certificates of appropriateness, the period for filing a notice of appeal has passed or until a final decision on an appeal is rendered should a notice be filed. This stay on the issuance of permits shall include any period for filing a notice of appeal to City Council from a Commission decision on an appeal of a staff determination or until City Council has made a final decision in such an appeal should a notice of appeal be filed. Sec. 14-53. – Applications and staff design review and issuance of reports. (a) To request a certificate of appropriateness or report to the Colorado State Historic Preservation Officer, the applicant shall submit a design review application on forms provided by staff with additional documents as staff may require in order to fully evaluate the request. Such additional documents may include, but are not limited to, photographs, illustrations, proposed building materials, and plans. Plans may include, without limitation, a plan of protection showing how the applicant will ensure that no damage will occur to any historic resource on or adjacent to the site. Staff may require a current intensive-level Colorado Cultural Resource Survey Form. The applicant shall reimburse the City for the cost of having such a survey generated by a third-party expert selected by the City. Upon receipt of a complete application, staff may refer any application to the Commission for review pursuant to § 14-54. If staff retains the application for review, staff shall determine whether the proposed alteration meets the Secretary of the Interior’s Standards for the Treatment of Historic Properties and any -20- applicable City standards adopted by ordinance for historic resources (the “Standards”). Staff review of applications for certificates of appropriateness is addressed in below Subsection (b) and staff review of applications for issuance of reports is addressed in below Subsection (c). (b) Staff Design Review of Applications for Certificates of Appropriateness. (1) Alterations Meeting the Standards. If staff determines that a proposed alteration to a Fort Collins landmark or resource(s) within a Fort Collins landmark district, contributing or non-contributing, meets the Standards, staff shall approve the application and issue a certificate of appropriateness. A certificate of appropriateness shall include, but not be limited to, a statement that the requested alterations have been approved pursuant to this Article, the date of approval, a copy of the design review application and the plans and specifications being approved. a. Staff shall promptly send the applicant a copy of the certificate of appropriateness by first class mail. b. The proposed alteration shall not be commenced until staff has issued the certificate of appropriateness and the applicant has obtained all applicable permits, subject to §14- 52. Alterations shall conform to the plans and specifications that staff approved in connection with issuance of the certificate of appropriateness or the report and deviations from such plans and specifications shall not occur unless such changes are first submitted to and approved by staff in the same manner as the original application. If non-conforming alterations are made, the City may issue a stop work order, refuse to finalize any issued permit, refuse to issue a certificate of occupancy, refuse to issue additional City permits, and take any other available action, or any combination of the aforementioned, until the applicant has applied for and received approval for the non- conforming alteration. If the non-conforming alteration is not approved, the applicant shall restore the site, structure, or object to conform with the approved plans and specifications or the original condition of the site, structure, or object prior to any alteration occurring. c. A certificate of appropriateness shall be valid for one (1) year from the date of issuance and, thereafter, may be extended for one (1) additional year provided staff determines that the proposed alteration continues to comply with the Standards. To be eligible for such extension, staff must receive an extension request on forms provided by staff accompanied by all required information at least thirty (30) days prior to the expiration of the certificate of appropriateness. (2) Alterations Not Meeting the Standards. If staff determines that a proposed alteration to a Fort Collins landmark or resource(s) within a Fort Collins landmark district, contributing or non-contributing, does not meet the Standards, staff shall deny the application and inform the applicant in writing sent by first class mail of the specific reasons for such denial. -21- a. Upon denial of the application, the Director shall deny the application for a building or other permit associated with the proposed alterations and shall inform the applicant of such denial. b. No application shall be resubmitted pursuant to this Section under the original plans and specifications denied by staff except upon a showing of changed circumstances sufficient to justify the resubmittal. (c) Staff Review of Applications for Reports. Staff shall issue a report to the Colorado State Historic Preservation Officer for applications to alter any resource that is not a Fort Collins landmark or within a Fort Collins landmark district but is designated on the Colorado State Register of Historic Properties or the National Register of Historic Places. Such report shall include, but not be limited to, a determination whether the proposed alterations meet the Standards, the date of report issuance, and a copy of the design review application and the plans and specifications reviewed. Staff issued reports are not subject to appeal. Sec. 14-54. Commission design review and issuance of reports. This Section sets forth the procedure for a Commission design review hearing upon staff referral of an application to the Commission for design review pursuant to § 14-53(a). (a) Commission Design Review of Applications for Certificates of Appropriateness. (1) Hearing Notice. Notice for a Commission design review hearing shall be provided as follows: a. Not less than thirty (30) days prior to the hearing, the applicant shall be notified of the hearing and staff shall post the date, place, time, and subject of the hearing to the City’s website. b. At least fourteen (14) days prior to the hearing, staff shall post a sign on or near the property containing the resource undergoing Commission design review stating that such resource is under review. Said sign shall be readable from a point of public access and shall remain posted until the Commission has concluded its review of the application. (2) Hearing Procedure. The Commission shall conduct the hearing in two (2) phases as follows: a. Conceptual review. Conceptual review is the first phase of the hearing and is an opportunity for the applicant to discuss requirements, standards, design issues and policies that apply to designated resources. Problems can be identified and solved prior to final review of the application. Conceptual review of any proposed alteration may be limited to certain portions of the work as deemed appropriate by the Commission. The applicant may waive the conceptual review and proceed directly to a final review. -22- b. Final review. Each application may be finally reviewed and decided upon by the Commission at the same meeting as the Commission's conceptual review of the application, if any, or at a subsequent meeting of the Commission. During final review, the Commission shall consider the application and any changes made by the applicant since conceptual review as set forth in this Subsection. (3) Alterations to Fort Collins Landmarks Meeting the Standards. If the Commission determines that a proposed alteration to a Fort Collins landmark or resource(s) within a Fort Collins landmark district, contributing or non-contributing, meets the Standards, the Commission shall approve the application and issue a certificate of appropriateness. A certificate of appropriateness shall include, but not be limited to, a statement that the requested alterations have been approved pursuant to this Article, the date of approval, a copy of the design review application and the plans and specifications being approved. a. The proposed alteration shall not commence until the Commission has issued the certificate of appropriateness and the applicant has obtained all applicable permits, subject to §14-52. Alterations shall conform to the plans and specifications that the Commission approved in connection with issuance of the certificate of appropriateness or the report and deviations from such plans and specifications shall not occur unless such changes are first submitted to and approved by the Commission in the same manner as the original application. If non-conforming alterations are made, the City may issue a stop work order, refuse to finalize any issued permit, refuse to issue a certificate of occupancy, refuse to issue additional City permits, and take any other available action, or any combination of the aforementioned, until the applicant has applied for and received approval for the non-conforming alteration. If the non- conforming alteration is not approved, the applicant shall restore the site, structure, or object to conform with the approved plans and specifications or to the original condition of the site, structure, or object prior to any alteration occurring. b. A certificate of appropriateness shall be valid for one (1) year from the date of issuance and, thereafter, may be extended for one (1) additional year provided the Commission determines that the proposed alteration continues to comply with the Standards. To be eligible for such extension, the Commission must receive an extension request on forms provided by staff accompanied by all required information at least thirty (30) days prior to the expiration of the certificate of appropriateness. (4) Alterations to Local Landmarks Not Meeting the Standards. If the Commission determines that a proposed alteration to a Fort Collins landmark or resource(s) within a Fort Collins landmark district, contributing or non-contributing, does not meet the Standards, the Commission shall deny the application and inform the applicant in writing of the specific reasons for such denial. a. Upon denial of the application, the Director shall deny the application for a building or other permit associated with the proposed alterations and shall inform the applicant of such denial. -23- b. No application shall be resubmitted pursuant to this Section under the original plans and specifications denied by the Commission except upon a showing of changed circumstances sufficient to justify the resubmittal. (b) Commission Review of Applications for Reports. The Commission shall issue a report to the Colorado State Historic Preservation Officer for applications to alter any resource that is not a Fort Collins landmark or within a Fort Collins landmark district but is designated on the Colorado State Register of Historic Properties or the National Register of Historic Places. Such report shall include, but not be limited to, a determination whether the proposed alterations meet the standards, the date of report issuance, and a copy of the design review application and the plans and specifications reviewed. Commission issued reports are not subject to appeal. Sec. 14-55. Appeal of certificate of appropriateness decisions. Staff denial of a certificate of appropriateness pursuant to § 14-53 may be appealed to the Commission by the applicant. A notice of appeal shall be in writing and filed with the Director within fourteen (14) days of the date of mailing by staff of the reasons for denial. The appeal shall include an intensive-level Colorado Cultural Resource Survey Form, prepared by an expert in historic preservation acceptable to the Director and the appellant, with the completion cost of such survey to be paid by the appellant. Such survey need not be filed with the appeal but must be filed at least ten (10) days prior to the hearing of the appeal. The Commission shall schedule a date for hearing the appeal as expeditiously as possible. Not less than fourteen (14) days prior to the date of the hearing, the Director shall: (1) Provide the appellant and any owner of any resource at issue with written notice of the date, time and place of the hearing of the appeal by first class mail; (2) Publish notice of the hearing in a newspaper of general circulation in the City; and (3) Cause a sign readable from a public point of access to be posted on or near the property containing the resource under review stating how additional information may be obtained. Commission final decisions are subject to appeal pursuant to the appeal provisions contained in Fort Collins Municipal Code Chapter 2, Article 2, Division 3. Staff or Commission issuance of reports pursuant to § 14-53(c) or § 14-54(b) is not subject to appeal. Sec. 14-56. Normal repair and maintenance. Nothing in this Article shall be construed to prohibit the alteration of any designated resource necessary as a part of normal repair and maintenance when such alteration will not change the exterior appearance or materials or the interior support structure of such designated resource, including the character or appearance of the land itself. Normal repair and maintenance shall not include the replacement of windows or siding to the extent such replacement is governed by § 14- 51. Section 3. That Article V of Chapter 14 of the Code of the City of Fort Collins is hereby amended to read as follows: -24- ARTICLE V. LANDMARK REHABILITATION LOAN PROGRAM Sec. 14-81. Purpose. The City Council hereby establishes a landmark rehabilitation loan program and finds that the program promotes a valid public purpose of increasing the quality, integrity and permanence of the City's stock of historic landmarks for the enjoyment and benefit of present and future generations of citizens of the City by making available a source of funding for rehabilitation of such structures to the owners of designated Fort Collins landmarks or contributing structures in designated Fort Collins landmark districts. Sec. 14-82. Establishment; funding. The City Manager shall administer the program for awarding zero-interest loans for the rehabilitation of Fort Collins landmark structures and/or contributing structures in Fort Collins landmark districts. The City Manager may promulgate procedural rules and regulations for the efficient administration of the program. No such loan shall exceed the sum of seven thousand five hundred dollars ($7,500.00) unless the City Council, by resolution, authorizes a larger loan. All loans shall be funded solely from those funds held by the City for financial support of the program and appropriated for such use in the General Fund, and all loans shall be expressly contingent upon the availability of sufficient funds to support the loan. Loan recipients shall, as a condition of obtaining the loan, agree to repay the loan in full upon sale or transfer of the property. All loan repayments shall be returned to the landmark rehabilitation loan program. Sec. 14-83. - Criteria. No landmark rehabilitation loan shall be awarded unless the following criteria and requirements have been met: (1) The subject structure must have been designated as a Fort Collins landmark or be a contributing structure in a Fort Collins landmark district pursuant to this Chapter before the landmark rehabilitation loan can be awarded. (2) All loan recipients shall provide matching funds in an amount equal to or greater than the amount of the loan. (3) The matching funds provided by the loan recipient may be utilized only for exterior rehabilitation of the subject property and/or the stabilization of the structure, the rehabilitation of electrical, heating or plumbing systems, and/or the rehabilitation or installation of fire sprinkling systems in commercial structures. Neither the loan nor the matching funds shall be used for the installation of nor rehabilitation of signage or interior rehabilitation or decoration, nor the installation of building additions or the addition of architectural or decorative elements which are not part of the landmarked structure. -25- (4) Loan funds may be expended only for rehabilitation of the exterior of a designated Fort Collins landmark structure or contributing structure in a Fort Collins landmark district or for work that improves the energy efficiency and performance of any such structure. No interior improvements other than those that improve energy efficiency and performance while meeting the requirements in below Subsection (5) may be accomplished utilizing City loan funds. (5) The standards and/or guidelines of the City and the United States Secretary of the Interior for the preservation, reconstruction, restoration or rehabilitation of historic resources then in effect shall serve as the standards by which all rehabilitation work must be performed. (6) No loan funds shall be disbursed until after the recipient has completed the work, the work has been physically inspected by the City and has been approved by the City Manager, and the loan recipient has documented the cost of the work by submitting to the City copies of all bills, invoices, work orders and/or such other documentation showing, to the satisfaction of the City, that the funds requested have been spent on eligible work, are reasonable, and are supported by actual proof of expense. (7) Loan recipients shall, as a condition of the loan, prominently place a sign upon the property being rehabilitated stating that such rehabilitation has been funded, in part, through the City's landmark rehabilitation loan program. (8) Property owners who have previously received loans shall be eligible for subsequent loans. (9) All rehabilitation work shall be completed within one (1) year from the date upon which the loan was awarded; provided, however, that upon application and a showing of good cause as to why the project cannot be timely completed, the Commission may authorize an extension of up to one (1) additional year for completion of the work. (10) No landmark rehabilitation loan shall be awarded unless the Commission (or in cases of loans exceeding the maximum amounts established herein, the City Council) first determines that: a. The applicant has demonstrated an effort to return the structure to its original appearance; b. It is in the best interests of the public welfare that the structure proposed to be rehabilitated be preserved for future generations; and c. The amount proposed to be spent on the rehabilitation is reasonable under the circumstances. -26- (11) No landmark rehabilitation loan shall be awarded unless the loan recipient has, as a condition of obtaining the loan, agreed to repay the loan in full upon sale or transfer of the property. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 035, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING LAND USE CODE SECTIONS 3.4.7 AND 5.1.2 PERTAINING TO HISTORIC AND CULTURAL RESOURCES WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, City historic preservation staff has completed a two-year review to identify changes to the City’s historic preservation regulations that will promote greater clarity, effectiveness, and predictability in the administration of historic preservation within the City; and WHEREAS, as a result of the review, City staff is recommending changes to Land Use Code Section 3.4.7 to City Council; and WHEREAS, on December 20, 2018, and January 17, 2019, the Planning and Zoning Board unanimously recommended that City Council adopt the proposed changes to Land Use Code Section 3.4.7; and WHEREAS, on December 19, 2018, the Landmark Preservation Commission unanimously recommended that City Council adopt the proposed changes to Land Use Code Section 3.4.7; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. 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 Section 3.4.7 of the Land Use Code is hereby repealed in its entirety and reenacted as follows: 3.4.7 Historic and Cultural Resources (A) Purpose. -2- (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: (a) The location of the following shall be identified within the area of adjacency: 1. Any historic resource; and -3- 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. -4- Example of Area of Adjacency, Historic Comparison Boundary, and Historic Influence Area (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) are subject to appeal pursuant to Fort Collins Municipal Code Section 14-23. (C) Determination of Eligibility for Designation as Fort Collins Landmark. 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 14-22 and 14-23 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 14-22 and 14-23 of the Fort Collins Municipal Code. A current intensive-level Colorado Cultural Resource Survey Form 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. -5- (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 14-22 and 14-23 of the Fort Collins Municipal Code. Notwithstanding Sections 14-22 and 14-23, any such eligibility determination shall not be appealable pursuant to Section 14-23 and shall not be valid for any purpose other than the evaluation of the proposed development pursuant to this Section. A current architectural-level property survey 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 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 -6- 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: (a) If one (1) or more historic influence areas exist that are associated with historic resource(s) on the development site, or which 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 resource(s) and the standards set forth in Table 1, Column A, shall apply. If two (2) or more historic influence areas exist that are associated with historic resources on the development site, or which abut or are on the other side of a side alley that abuts the development site, the applicant may satisfy the standards set forth in Table 1, Column A, by choosing characteristics from one (1) or more of such historic resources. (b) If no historic influence areas exist that are associated with historic resources on the development site, or which abut or are on the other side of a side alley that abuts the development site, the standards set forth in Table 1, Column B, shall apply to all historic influence areas. -7- -8- (2) Old Town Historic District. Proposed development within the Old Town Historic 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 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). -9- 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 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -10- Passed and adopted on final reading on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk