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Home My WebLink About059 - 04/15/2014 - AMENDING SECTION 3.4.7 OF THE LAND USE CODE PERTAINING TO NEW CONSTRUCTION AS IT AFFECTS HISTORIC AN ORDINANCE NO , 0599 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 3 .4. 7 OF THE LAND USE CODE PERTAINING TO NEW CONSTRUCTION AS IT AFFECTS HISTORIC AND CULTURAL RESOURCES WHEREAS , the City Council has directed City staff to undertake a two-phase project to consider improvements to the City ' s historic preservation codes and processes to make these codes and processes more transparent, predictable and effective; and WHEREAS , City staff has prepared and presented to the City Council the second phase of the work, which addresses City Council ' s concerns regarding the readability of the codes, increased flexibility in applying the codes, and better notice of the City ' s historic review processes and regulations to the purchasers of historic landmarked properties and properties that are eligible to become landmarks ; and WHEREAS, the Landmark Preservation Commission has reviewed the proposed changes set forth below and has recommended the same to the City Council; and WHEREAS , the City Council has determined that the changes set forth below are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3 .4 . 7 of the Land Use Code is hereby amended to read as follows : 3 .4.7 Historic and Cultural Resources (A) Purpose. This Section is intended to ensure that, to the maximum extent feasible : ( 1 ) historic sites, structures or objects are preserved and incorporated into the proposed development and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity or significance of the historic property; and (2) new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood. This Section is intended to protect designated or individually eligible historic sites, structures or objects as well as sites, structures or objects in designated historic districts, whether on or adjacent to the development site . (B) General Standard. If the project contains a site, structure or object that ( 1 ) is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the State Register of Historic Properties or National Registers of Historic Places; (2) is officially designated as a local or state landmark, or is listed on the National Register of Historic Places ; or (3 ) is located within an officially designated national, state or City historic district or area, then to the maximum extent feasible, the development plan and building design shall - I - provide for the preservation and adaptive use of the historic structure. The development plan and building design shall protect and enhance the historical and architectural value of any historic property that is : (a) preserved and adaptively used on the development site; or (b) is located on property adjacent to the development site and qualifies under ( 1 ), (2) or (3 ) above. New structures must be compatible with the historic character of any such historic property, whether on the development site or adjacent thereto . (C) Determination of Landmark Eligibility. The determination of individual eligibility or potential individual eligibility for local landmark designation will be made in accordance with the applicable provisions of Chapter 14 of the City Code, except that the determination of potential individual eligibility shall be made by the Director and the finding of potential eligibility shall not constitute a finding of eligibility under Section 14-21 or 14-72 of the City Code. A site, structure or object may be determined to be or potentially be individually eligible for local landmark designation if it meets one ( 1 ) or more of the criteria as described in Section 14-5 " Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts" of the City Code . The determination of individual eligibility for the National Register of Historic Places or State Register of Historic Properties shall be according to the processes and procedures of the Colorado Historical Society. (D) Reuse, Renovation, Alterations and Additions. ( 1 ) Original or historic materials and details, as well as distinctive form and scale, that contribute to the historic significance of the structure or neighborhood shall be preserved to the maximum extent feasible . Rehabilitation work shall not destroy the distinguishing quality or character of the structure or its environment. (2) The rehabilitation of structures shall be in conformance with the Secretary of the Interior' s " Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (available from the Director) or other adopted design guidelines or standards. (E) Demolition. A site, structure or object that is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the National Register of Historic Places or State Register of Historic Properties may be demolished only if, in the opinion of the decision maker, the applicant has, to the maximum extent feasible, attempted to preserve the site, structure or object in accordance with the standards of this Section, and the preservation of the site, structure or object is not feasible . - 2 - (F) New Construction. ( 1 ) To the maximum extent feasible, the height, setback ands width of new structures shall be similar to : (a) those of existing historic structures on any block face on which the new structure is located and on any portion of a block face across a local or collector street from the block face on which the new structure is located;; or (b) when a block does not exist, similar to those on any land adjacent to the property on which the new structure is to be located. Notwithstanding the foregoing, this requirement shall not apply if, in the judgment of the decision maker, such historic structures would not be negatively impacted with respect to their historic exterior integrity and significance by reason of the new structure being constructed at a dissimilar height, setback and/or width. Where building setbacks cannot be maintained, elements such as walls, columns, hedges or other screens shall be used to define the edge of the site and maintain alignment. Taller structures or portions of structures shall be located interior to the site. (2) New structures shall be designed to be in character with such existing historic structures . Horizontal elements, such as cornices, windows, moldings and sign bands, shall be aligned with those of such existing historic structures to strengthen the visual ties among buildings. Window patterns of such existing structures (size, height, number) shall be repeated in new construction, and the pattern of the primary building entrance facing the street shall be maintained to the maximum extent feasible . See Figure 6 . Figure 6 Building Patterns NEW II �c Q (3) The dominant building material of such existing historic structures adjacent to or in the immediate vicinity of the proposed structure shall be used as the primary material for new construction. Variety in materials can be appropriate, but shall maintain the existing distribution of materials in the same block. . 3 - (4) Visual and pedestrian connections between the site and neighborhood focal points, such as a park, school or church, shall be preserved and enhanced, to the maximum extent feasible. (5) To the maximum extent feasible, existing historic and mature landscaping shall be preserved and when additional street tree plantings are proposed, the alignment and spacing of new trees shall match that of the existing trees. (6) In its consideration of the approval of plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be or potentially be individually eligible for local landmark designation or for individual listing in the National Register of Historic Places or the State Register of Historic Properties, or (b) are officially designated as a local or state landmark, or are listed on the National Register of Historic Places, or (c) are located within an officially designated National, State or local historic district or area, the decision maker shall receive and consider a written recommendation from the Landmark Preservation Commission unless the Director has issued a written determination that the.plans would not have a significant impact on the individual eligibility or potential individual eligibility of the site, structure, object, or district. A determination or recommendation made under this subsection is not appealable to the City Council under Chapter 2 of the City Code. Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. Mdate,.c� LPJ,t.�X�Zc.c.c.L� r ATTEST: OF FORT C U �• e .j...A.� .Ty� ,•.ZN 1 S Y City Clerk O •C��rkPO 4 Passed and adopted on final reading on the 15th day of April, A.D. 2014. LtJ M yor ATTEST: ' C City Clerk RACt 5