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Home My WebLink About2022-018-01/04/2022-DENYING REQUEST TO INVOLUNTARILY DESIGNATE 528 WEST MOUNTAIN AVENUE AS A LANDMARK UNDER CHAPTER 14 O RESOLUTION 2022-018 OF THE COUNCIL OF THE CITY OF FORT COLLINS DENYING REQUEST TO INVOLUNTARILY DESIGNATE 528 WEST MOUNTAIN AVENUE AS A LANDMARK UNDER CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, under City Code Chapter 14, the City Council has established a policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City utilizing a process to designate landmarks; and WHEREAS, on August 18, 2021, the Historic Preservation Commission (the "Commission") adopted Resolution 4, 2021 ("Resolution 4") determining that the residential dwelling at 528 West Mountain Avenue, Fort Collins, Colorado (the"Property") is eligible for an involuntary landmark designation under City Code Section 14-33 and recommending such designation to the City Council; and WHEREAS, the Commission previously determined in its Resolution 1, 2021, adopted at its May 19, 2021 meeting, ("Resolution I") that the Property is eligible for designation because it satisfies the significance criteria in subsections (a)(2) and (a)(3) of City Code Section 14-22 because of the Property's association with Jessie Moore, an early, accomplished educator in Fort Collins and its status as a significant surviving example of late-nineteenth century architecture in the City,and that it satisfies all seven of the integrity criteria in Code Section 14-22(b)by retaining its ability to convey its significance as a landmark; and WHEREAS, the Commission further determined in Resolution 4 that designation of the Property will advance the policies and purposes in City Code Sections 14-1 and 14-2 in manner and extent sufficient to justify the designation of the Property as a landmark; and WHEREAS, Jason and Misha Green, the owners of the Property, (the "Owners") have objected to such landmark designation and desire to demolish the Property due to health concerns related to methamphetamine contamination on the Property and structural integrity issues affecting it; and WHEREAS, on December 21, 2021, City Council conducted under City Code Section 14- 33 a publicly noticed de novo hearing concerning the Commission's recommended landmark designation of the Property; and WHEREAS,the City Council disagrees with the Commission's recommendation and finds that the criteria for an involuntary designation are not met for the Property,and the Property should therefore not be designated as a landmark. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That City Council hereby makes and adopts any and all determinations and findings contained in the recitals set forth above. -1- Section 2. That in order for City Council to involuntarily designated the Property as a landmark, City Code Section 14-35(a) requires Council to determine whether the following two criteria are satisfied: (i)is the Property eligible for designation under the significance and integrity standards set out in Code Section 14-22, both of which standards must be satisfied for eligibility; and(ii)will the designation of the Property advance the City's policies and purposes stated in City Code Sections 14-1 and 14-2 in manner and extent sufficient to justify the requested designation. In making these determinations, Code Section 14-22(b) also requires City Council to give due consideration to the Owners' views and the Commission's resolutions and recommendation. If City Council determines the Property satisfies both criteria, it is to designate the Property as a landmark. If either criterion is not satisfied, City Council is to deny the designation. For the reasons hereafter stated, City Council has determined the Property does not satisfy the second of the two criteria and, therefore, denies the request to involuntarily designate the Property as a landmark. Section 3. That based on the evidence, information and testimony provided to City Council from the Commission's May 18, 2021, and August 18, 2021, hearings, and the new evidence, information, testimony and argument presented to it at its December 21, 2 02 1, hearing, the City Council hereby determines, finds and concludes: (A) That the Property does not advance the relevant polices for landmark designation as stated in Code Section 14-1 or the relevant purposes for landmark designation as stated in Code Section 14-2 in manner and extent sufficient to justify designating it a landmark and, therefore, it is not eligible for an involuntary landmark designation. The relevant policies in Section 14-1(a) contemplate that landmark designation is a "public necessity" and "required in the interest of the prosperity, civic pride and general welfare of the people." Those in Section 14-1(b) contemplate that the "economic, cultural and aesthetic standing"of the City cannot be maintained or enhanced without designating eligible landmarks to preserve them. Similarly, the relevant purposes stated in Code Section 14-2 contemplate the designation of landmarks is needed to: (i) preserve structures that reflect important elements of the City's past heritage, (ii) foster civic pride in the past, (iii) stabilize or improve the aesthetic or economic vitality of such structures, (iv) protect and enhance the City's attraction to tourists and visitors, (v) promote the use of important structures for the education, stimulation and welfare of the City's residents, (vi) promote good urban design, and -2- (vii) promote and encourage private ownership and use of such structures to the extent these purposes can be achieved through private ownership. When these policies and purposes are considered in determining whether the Property would advance them in a manner and extent sufficient to justify its involuntary designation as a landmark, the City Council finds that the Property falls short. The Property falls short for several reasons. These reasons include that: (1) it has been poorly maintained and been in a state of disrepair for decades, (2) it has been significantly contaminated by methamphetamine and likely by other dangerous chemicals, (3) it currently suffers from significant structural defects,and(4)as a result of these circumstances,the Property has lost much of its historical association with Jesse Moore and her great accomplishments in and contributions to the education of children in the Fort Collins community. Under these circumstances, the City Council finds that designating the Property a landmark will not advance the policies of Code Section 14-1 in manner and extent sufficient to justify its designation. Designating the Property is not a public necessity nor is it required in the interest of the prosperity, civic pride and general welfare of the City's residents. In addition, the City's economic, cultural and aesthetic standing can be maintained without the designation. The City Council further finds that designating the Property a landmark will not advance the purposes of Section 14-1 in manner and extent sufficient to justify its designation. For example, designating the Property in these circumstances is unlikely to promote or encourage private ownership of other residences that are potentially eligible for designation,but in fact its designation is likely to discourage such private ownership. Also, there was little or no convincing evidence presented that designation of the Property would advance the purposes of fostering civic pride in the past, protecting and enhancing the City's attraction to tourists and visitors, promoting the use of important structures for the education, stimulation or welfare of the City's residence, or promoting good urban design. (B) In determining that the Property fails to satisfy the second of the two criteria that must be met for an involuntary landmark designation under City Code Section 14-35(a), City Council has, as required by City Code Section 14-35(b), given due consideration to the views of the Owners, which are in opposition to the landmark designation of the Property, and to the Commission's Resolution 1,Resolution 4 and recommendation for designation. In weighing these considerations, the Council has balanced the legitimate goals of landmark preservation as expressed in City Code Chapter 14 and capably administered by the Commission with the concerns and difficulties the Owners will face if the Property is designated a landmark. Even if the Commission is correct that the Property meets the requirements under City Code Section 14-22 for eligibility to be designated a landmark, the Council finds that this alone is insufficient to outweigh the interests of the Owners under these circumstances. This includes consideration of Owners' concerns that even if the Property's methamphetamine contamination is remediated to state standards and then renovated for occupancy, insufficient evidence was presented that future occupants of the Property would not experience health risks from exposure -3- to residual contamination. Therefore, in reaching this determination to deny the Commission's recommended landmark designation for the Property, the Council has given greater weight to the Owners' views and concerns. Section 4. For all the reasons stated above, the request to involuntarily designate the Property as a landmark under City Code Chapter 14 is denied. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of January, A.D. 2022. or ATTEST: Interim City Clerk FORT COl. <! ��' ••%';2(P " SEAL : °o�oRp°o