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HomeMy WebLinkAboutREMINGTON ANNEX - PDP - PDP110017 - CORRESPONDENCE - (11)Y N and either approves the application, or may postpone consideration of the application, for a period not to exceed forty-five (45) days, for any of the following reasons: a. Additional infonnation is needed for the full and complete consideration of the request by the Commission; or b. The request has generated substantial neighborhood concerns, and such postponement could, in the judgment of the Commission, contribute to resolving these concerns; or c. The Commission has approved a motion directing staff to investigate the benefits to the city of landmark or landmark district designation of the property in accordance with Article II. Land Use Code 3.4.7 and its Effect on the Design of New Construction If the Bachelets were successful in having the properties removed from the National Register, and none of the subject properties were found to be individually eligible for Fort Collins Landmark designation, the Bachelets would still need to consider the requirements in Land Use Code 3.4.7 with regard to the design of their proposed new construction. Land Use Code Section 3.4.7, Historic and Cultural Resources. Section 3.4.7(A), Purpose, states, "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. Section 3.4.7(B) General Standard, further states, "If the project contains a site, structure or object that ... (3) is located within an officially designated historic district or area, ... 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. ,tp application is reviewed under Section 14-72 of the Municipal Code, commonly called the Demolition/Alteration Review Process. This process was designed to help prevent the loss of Fort Collins' historic resources and to help preserve historic character. Pursuant to Section 14-72(a), the Director of Community Development and Neighborhood Services and chair of the Commission (or designee) would grant approval, subject to compliance with all other requirements, under the following conditions: (1) The structure (or portion thereof) sought to be demolished or relocated is, upon review, determined to be less than fifty (50) years of age; (2) The Director of Community Development and Neighborhood Services and chair of the Commission (or designee) agree that the structure (or portion thereof), upon review, is not eligible for individual designation as a Fort Collins landmark, and the structure is not designated on the National or State Registers of Historic Places, either individually or as a contributing element of a district; or (3) The proposed demolition or relocation of the structure (or portion thereof), in the judgment of the Director of Community Development and Neighborhood Services and the chair of the Commission (or designee), would not be detrimental to the current level of eligibility of the remaining structure, if any, adjacent properties, the surrounding neighborhood and the National and/or State Register district in which the structure is located, if any. If none of the foregoing circumstances is determined to exist, the Director of Community Development and Neighborhood Services shall refer the application to the Commission for consideration. The Commission's review occurs in two phases: a Preliminary Hearing, followed by a Final Hearing. At the Preliminary Hearing the applicants meet with the Commission to explore all means for substantially preserving the structure which would be affected by the required permit, including the feasibility of modifying the plans, and alternative public or private use of the structure which would substantially preserve the original character. If a solution is found that complies with the criteria specified in Section 14- 72(b)(1)(b) is agreed upon, then there is no further historic preservation review. If not, the application proceeds to the Final Hearing. The Final Hearing has requirements which must be met before the Final Hearing is scheduled. One of these, 14-72(b)(2)(b)(3), is the requirement for, "A plan for the redevelopment of the property, which plan shall first be approved by all administrative and/or quasi-judicial decision -making officials and/or boards or commissions as are necessary as a prerequisite to the presentation of construction specifications to the Director of Building and Zoning if applicable, and if not applicable, then as a prerequisite to the commencement of construction (for purposes of this requirement, allowing the property to lie vacant or fallow shall not constitute `redevelopment')." Once a Final Hearing is scheduled, nearby owners and residents are notified, which requires a minimum of 30 days. At the Final Hearing, the Landmark Preservation Commission conducts a public meeting to determine if the requirements have been met, V (g) The State Historic Preservation Officer may elect to have a property considered for removal according to the State's nomination procedures unless the petition is on procedural grounds and shall schedule it for consideration by the State Review Board as quickly as all notification requirements can be completed following procedures outlined in Sec. 60.6, or the State Historic Preservation Officer may elect to forward the petition for removal to the Keeper with his or her comments without State Review Board consideration. (h) Within 15 days after receipt of the petitioner's notification of intent to pursue his removal request, the State Historic Preservation Officer shall notify the petitioner in writing either that the State Review Board will consider the petition on a specified date or that the petition will be forwarded to the Keeper after notification requirements have been completed. The State Historic Preservation Officer shall forward the petitions to the Keeper for review within 15 days after notification requirements or Review Board consideration, if applicable, have been completed. (i) Within 15 days after receipt of the petitioner notification of intent to pursue his petition, the Federal Preservation Officer shall forward the petition with his or her comments and those of the State Historic Preservation Officer to the Keeper. 0) The Keeper shall respond to a petition for removal within 45 days of receipt, except where the Keeper must notify the owners and the chief elected local official. In such cases the Keeper shall respond within 90 days of receipt. The Keeper shall notify the petitioner and the applicable State Historic Preservation Officer, Federal Preservation Officer, or person or local government where there is no approved State Historic Preservation Program, of his decision. The State Historic Preservation Officer or Federal Preservation Officer transmitting the petition shall notify the petitioner, the owner(s), and the chief elected local official in writing of the decision. The Keeper will provide such notice for petitions from persons or local governments where there is no approved State Historic Preservation Program. The general notice may be used for properties with more than 50 owners. If the general notice is used it shall be published in one or more newspapers with general circulation in the area of the nomination. (k) The Keeper may remove a property from the National Register on his own motion on the grounds established in paragraph (a) of this section, except for those properties listed in the National Register prior to December 13, 1980, which may only be removed from the National Register on the grounds established in paragraph (a)(1) of this section. In such cases, the Keeper will notify the nominating authority, the affected owner(s) and the applicable chief elected local official and provide them an opportunity to comment. Upon removal, the Keeper will notify the nominating authority of the basis for the removal. The State Historic Preservation Officer, Federal Preservation Officer, or person or local government which nominated the property shall notify the owner(s) and the chief elected local official of the removal. (1) No person shall be considered to have exhausted administrative remedies with respect to removal of a property from the National Register until the Keeper has denied a petition for removal pursuant to this section. The Demolition/Alteration Review Process As a part of the City's permitting processes, whenever a permit or development application is sought for a building or structure that is 50 years old or older, the 4 (1) The property has ceased to meet the criteria for listing in the National Register because the qualities which caused it to be originally listed have been lost or destroyed, or such qualities were lost subsequent to nomination and prior to listing; (2) Additional information shows that the property does not meet the National Register criteria for evaluation; (3) Error in professional judgment as to whether the property meets the criteria for evaluation; or (4) Prejudicial procedural error in the nomination or listing process. Properties removed from the National Register for procedural error shall be reconsidered for listing by the Keeper after correction of the error or errors by the State Historic Preservation Officer, Federal Preservation Officer, person or local government which originally nominated the property, or by the Keeper, as appropriate. The procedures set forth for nominations shall be followed in such reconsiderations. Any property or district removed from the National Register for procedural deficiencies in the nomination and/or listing process shall automatically be considered eligible for inclusion in the National Register without further action and will be published as such in the Federal Register. (b) Properties listed in the National Register prior to December 13, 1980, may only be removed from the National Register on the grounds established in paragraph (a)(1) of this section. [The Laurel School National Register District was listed on October 3, 1980.1 (c) Any person or organization may petition in writing for removal of a property from the National Register by setting forth the reasons the property should be removed on the grounds established in paragraph (a) of this section. With respect to nominations determined eligible for the National Register because the owners of private property object to listing, anyone may petition for reconsideration of whether or not the property meets the criteria for evaluation using these procedures. Petitions for removal are submitted to the Keeper by the State Historic Preservation Officer for State nominations, the Federal Preservation Officer for Federal nominations, and directly to the Keeper from persons or local governments where there is no approved State Historic Preservation Program. (d) Petitions submitted by persons or local governments where there is no approved State Historic Preservation Program shall include a list of the owner(s). In such cases the Keeper shall notify the affected owner(s) and the chief elected local official and give them an opportunity to comment. For approved State programs, the State Historic Preservation Officer shall notify the affected owner(s) and chief elected local official and give them an opportunity to comment prior to submitting a petition for removal. The Federal Preservation Officer shall notify and obtain the comments of the appropriate State Historic Preservation Officer prior to forwarding an appeal to NPS. All comments and opinions shall be submitted with the petition. (e) The State Historic Preservation Officer or Federal Preservation Officer shall respond in writing within 45 days of receipt to petitions for removal of property from the National Register. The response shall advise the petitioner of the State Historic Preservation Officer's or Federal Preservation Officer's views on the petition. (f) A petitioner desiring to pursue his removal request must notify the State Historic Preservation Officer or the Federal Preservation Officer in writing within 45 days of receipt of the written views on the petition. rAr in 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. The Bachelets have asked about the process for "getting off' the National Register, either by amending the boundaries or by delisting their properties. According to the state's National Register Coordinator, the processes are as follows: Amending the National Register District: The process to amend the National Register District to not include these properties is contained in the Code of Federal Regulations, specifically 36CFR60.14(a), Boundary changes, and 36CFR60.15, Removing properties from the National Register: Section 60.14 Changes and revisions to properties listed in the National Register. (a) Boundary changes. (1) A boundary alteration shall be considered as a new property nomination. All forms, criteria and procedures used in nominating a property to the National Register must be used. In the case of boundary enlargements only those owners in the newly nominated as yet unlisted area need be notified and will be counted in determining whether a majority of private owners object to listing. In the case of a diminution of a boundary, owners shall be notified as specified in Sec.60.15 concerning removing properties from the National Register. A professionally justified recommendation by the State Historic Preservation Officer, Federal Preservation Officer, or person or local government where there is no approved State Historic Preservation Program shall be presented to NPS. During this process, the property is not taken off the National Register. If the Keeper or his or her designee finds the recommendation in accordance with the National Register criteria for evaluation, the change will be accepted. If the boundary change is not accepted, the old boundaries will remain. Boundary revisions may be appealed as provided for in Sec. Sec. 60.12 and 60.15. (2) Four justifications exist for altering a boundary: Professional error in the initial nomination, loss of historic integrity, recognition of additional significance, additional research documenting that a larger or smaller area should be listed. No enlargement of a boundary should be recommended unless the additional area possesses previously unrecognized significance in American history, architecture, archeology, engineering or culture. No diminution of a boundary should be recommended unless the properties being removed do not meet the National Register criteria for evaluation. Any proposal to alter a boundary has to be documented in detail including photographing the historic resources falling between the existing boundary and the other proposed boundary. Sec. 60.15 Removing properties from the National Register. (a) Grounds for removing properties from the National Register are as follows: r 705, 711 and 715 Remington Street Karen McWilliams, June 2011 Background: The applicants, Christian and Robin Bachelet, are proposing to demolish the existing buildings and structures on the three lots at 705, 711, and 715 Remington Street, and construct multi -unit housing. The applicable standards of the Land Use Code would apply to the development proposal. Additionally, as several of the buildings and structures are more than 50 years old, the Demolition/Alteration Review Process would apply. A determination of Fort Collins Landmark eligibility has not been done on 711 and 715 Remington Street; in 2008, a determination of eligibility was done for 705 Remington, which found the dwelling to not be individually eligible for Fort Collins Landmark status. Two properties on the block, at 700 and 729 Remington, are additionally designated as Fort Collins Landmarks, and several more would likely qualify for individual designation as Fort Collins Landmarks. All three subject properties are located within the boundaries of the Laurel School National Register District, est. 1980. Effect of Listing in Laurel School National Register District: The three properties at 705, 711 and 715 Remington Street are located within the boundaries of the Laurel School National Register Historic District. When the District was established, in 1980, two of these properties, 705 and 715 Remington, were less than fifty years old (the minimum age for listing, without special consideration), and were identified as "intrusions" to the District. The center property, the Button House at 711 Remington Street, was listed on the National Register as a contributing element of the National Register District. Ten additional properties in the 700 Block of Remington Street were also listed on the National Register as contributing to the district; no others were identified as intrusions. Properties listed on the National Register of Historic Places are also designated on the State Register of Historic Properties. Due to their designation on the National and State Registers as part of the Laurel School National Register District, the demolition or alteration of the buildings and structures on these three properties, as well as any new construction, would need to comply with Land Use Code Section 3.4.7, Historic and Cultural Resources. Section 3.4.7(A), Purpose, states, "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. Section 3.4.7(B), General Standard, further states, "If the project contains a site, structure or object that (1) is determined to be individually eligible for local landmark designation or for individual listing in the State 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 historic district or area, then to the maximum extent feasible, the development plan and building design shall provide for the preservation and adaptive use of the historic structure. The qel& Cffye�,P I+P 10/ i a ` ?O CCf)+c-)ch_)-1oG\Lk F�r�o� N P 4 a P- -er- 42v\+ -