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HomeMy WebLinkAbout1999 Ordinance No. 075• • • ORDINANCE NO. 7S SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO . 77 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, WITH THE ADDITION OF A NEW SECTION 24 , ENTITLED HISTORIC PRESERVATION, TO THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , there are certain buildings , structures or areas within the City of Englewood which are of historical significance to the City, State or Country; and WHEREAS , such buildings, structures or areas deserve special recognition as examples of the City's heritage ; and WHEREAS , such buildings , structures or areas frequently need costly repair or maintenance; and WHEREAS , because certain funds require historical designation in order to provide renovation grants ; creating a method to make such designation will help preserve these significant historical structures and districts for future generations ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood , Colorado hereby amends Title 16 , Chapter 4, by with addition of a new Section 24 , entitled Historic Preservation, of the Englewood Municipal Code 1985, which shall read as follows: 16-4-24: HISTORIC PRESERVATION: A. PURPOSE. THIS CHAPTER ESTABLISHES HISTORIC AREAS AND LANDMARKS FOR THE EDUCATIONAL, CULTURAL AND ECONOMIC BENEFIT OF ENGLEWOOD CITIZENS. DUE TO VARIO US PRESSURES THAT MAY RESULT IN THE DESTRUCTION , IMPAIRMENT, OR ALTERATION OF HISTORIC RESOURCES WHICH REFLECT ELEMENTS OF ENGLEWOOD'S CULTURAL AND ARCHITECTURAL HERITAGE, IT WILL BE THE POLICY AND RESPONSIBILITY OF THIS SECTION TO: 1. PRESERVE AND PROTECT BUILDINGS , STRUCTURE, SITES AND AREAS THAT ARE REMINDERS OF PAST ERAS, EVENTS, AND PERSON(S) IMPORTANT IN LOCAL , STATE OR NATIONAL HISTORY; WHICH PROVIDE SIGNIFICANT EXAMPLES OF ARCHITECTURAL STYLES OF THE PAST ; ARE LANDMARKS IN THE HISTORY OF ARCHITECTURE ; WHICH ARE UNIQUE OR IRREPLACEABLE ASSETS TO THE CITY AND ITS NEIGHBORHOODS; WHICH PROVIDE FOR THIS AND FUTURE GENERATIONS EXAMPLES OF THE PHYSICAL SURROUNDINGS IN WHICH PAST GENERATIONS LIVED; OR WHICH ARE ARCHEOLOGICALLY SIGNIFICANT . -1- 10 bi 2 . DEVELOP AND MAINTAIN THE APPROPRIATE ENVIRONMENT FOR • SUCH BUILDINGS , STRUCTURES , SITES AND AREAS , REFLECTING VARIED ARCHITECTURAL STYLES AND DISTINGUISHED PHASES OF ENGLEWOOD 'S HISTORY. 3. PROMOTE THE PUBLIC HEALTH , SAFETY, AND WELFARE BY ENCOURAGING THE PROTECTION AND PRESERVATION OF ARCHITECTURALLY SIGNIFICANT OR HISTORIC STRUCTURES OR DISTRICTS . B. APPLICATION: ANY PROPERTY OWNER WISHING TO HA VE A BUILDING, STRUCTURE OR DISTRICT DESIGNATED AS ARCHITECTURALLY SIGNIFICANT SHALL FILE AN APPLICATION WITH THE PLANNING AND ZONING COMMISSION , ON A FORM APPROVED BY THE COMMISSION AND SUPPLIED BY THE CITY , CONTAINING THE FOLLOWING INFORMATION: 1. THE NAME AND ADDRESS OF THE OWNER OR APPLICANT ; 2. THE LEGAL DESCRIPTION, STREET ADDRESS OR OTHER IDENTIFYING DESCRIPTION OF THE BUILDING, STRUCTURE OR DISTRICT; 3. A PICTURE OF THE BUILDING OR STRUCTURE , IF THE APPLICATION IS FOR HISTORIC DESIGNATION OF A BUILDING OR STRUCTURE ; • 4 . A MAP OF THE DISTRICT, IF THE APPLICATION IS FOR HISTORIC DESIGNATION OF A DISTRICT; 5. A STATEMENT GIVING THE AGE OF THE PROPOSED BUILDING OR STRUCTURE , OR THE GENERAL AGES OF BUILDINGS OR STRUCTURES WITHIN A DISTRICT ; 6 . A BRIEF DESCRIPTION AS TO WHY THE APPLICANT CONSIDERS THE BUILDING, STRUCTURE , OR DISTRICT TO HA VE HISTORICAL OR ARCHITECTURAL SIGNIFICANCE ; AND 7 . SUCH ADDITIONAL MATERIAL AS THE PLANNING AND ZONING COMMISSION MAY REQUEST OR THE APPLICANT MAY CONSIDER PERTINENT TO THE APPLICATION AND TO THE FINDINGS PREREQUISITE TO THE DESIGNATION. 8. PROOF THAT ALL PROPERTY OWNERS , WITHIN THE DISTRICT, HAVE BEEN NOTIFIED OF THE APPLICATION. C. PROCEDURES FOR DESIGNATING HISTORIC STRUCTURES , SITES AND DISTRICTS FOR PRESERVATION. 1. A NOMINATION FOR DESIGNATION AS AN HISTORIC STRUCTURE , SITE OR DISTRICT MAY BE MADE BY THE PLANNING AND ZONING • COMMISSION OR CITIZEN FILING AN APPLICATION WITH THE PLANNING AND ZONING COMMISSION. THE FEE CHARGED SHALL -2- • • • 2. BE SUFFICIENT TO COVER THE COSTS OF PUBLICATION, NOTICE, RECORDING COSTS , ADMINISTRATIVE COSTS, AND OTHER CHARGES INCURRED IN THE COURSE OF PROCESSING THE APPLICATION. THE APPLICATION FEE SHALL BE ESTABLISHED AND THEREAFTER AMENDED BY RESOLUTION OF THE CITY COUNCIL. PLlliNING AND ZONING COMMISSION REVIEW: a. THE PLANNING AND ZONING COMMISSION SHALL SCHEDULE A PUBLIC HEARING ON THE APPLICATION NO MORE THAN THIRTY (30) DAYS AFTER THE SUBMISSION OF THE APPLICATION. b. THE PLANNING AND ZONING COMMISSION SHALL REVIEW THE APPLICATION FOR CONFORMANCE WITH THE ESTABLISHED CRITERIA FOR DESIGNATION AND WITH THE PURPOSES OF THIS SECTION. c. COMMISSION SHALL RECOMMEND APPROVAL, MODIFICATION AND APPROVAL OR DISAPPROVAL OF THE APPLICATION. COMMISSION MAY RECOMMEND CONDITIONAL APPROVAL UPON THE EXECUTION OF CERTAIN EASEMENTS, COVENANTS , OR LICENSES. d. THE FINAL DETERMINATION WILL BE MADE BY CITY COUNCIL. 3. LIMITATION ON RESUBMISSION AND RECONSIDERATION OF PROPOSED DESIGNATION: WHENEVER THE COMMISSION DISAPPROVES A PROPOSED DESIGNATION, NO PERSON SHALL SUBMIT AN APPLICATION THAT IS THE SAME OR SUBSTANTIALLY THE SAME FOR AT LEAST ONE (1) YEAR FROM THE EFFECTIVE DATE OF THE FINAL ACTION ON THE DENIED APPLICATION. D. CRITERIA: 1. ALL BUILDINGS, STRUCTURES OR DISTRICTS: THE PLANNING AND ZONING COMMISSION SHALL USE THE FOLLOWING CRITERIA TO DETERMINE WHETHER A BUILDING , STRUCTURE OR DISTRICT HAS ARCHITECTURAL OR HISTORIC SIGNIFICANCE: a. ONLY BUILDINGS OR STRUCTURES WHICH HAVE BEEN IN EXISTENCE FOR AT LEAST FIFTY (50) YEARS , OR DISTRICTS IN WHICH THE MAJORITY OF STRUCTURES HA VE BEEN IN EXISTENCE FOR AT LEAST FIFTY(50) YEARS MAY BE DESIGNATED; IN ADDITION: SUCH BUILDING, STRUCTURE OR DISTRICT MUST ALSO MEET ONE OF THE FOLLOWING CRITERIA: i. A BUILDING, STRUCTURE OR A MAJORITY OF STRUCTURES WITHIN A DISTRICT WHICH HA VE SOME CONNECTION TO EVENTS OR PERSONS SIGNIFICANT TO THE HISTORY OF THE CITY OF ENGLEWOOD , ARAPAHOE -3- COUNTY, THE STATE OF COLORADO, OR THE UNITED STATES ; OR • 11. A BUILDING, STRUCTURE OR A GROUP OF STRUCTURES WITHIN A DISTRICT WHICH EMBODY DISTINGUISHING CHARACTERISTICS OF AN ARCHITECTURAL TYPE INHERENTLY VALUABLE FOR A STUDY OF A PERIOD, STYLE , METHOD OF CONSTRUCTION, OR OF INDIGENOUS MATERIALS OR CRAFTSMANSHIP ; OR lll. A BUILDING, STRUCTURE OR A GROUP OF STRUCTURES WITHIN A DISTRICT WHICH EXEMPLIFIES OR REFLECTS THE BROAD CULTURAL , POLITICAL, ECONOMIC OR SOCIAL HISTORY OF THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , THE STATE OF COLORADO , OR THE UNITED STATES ; OR lV . THOSE BUILDINGS, STRUCTURES OR DISTRICTS WITHIN THE CITY WHICH ARE LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES SHALL BE CONSTRUED AS HAVING LOCAL HISTORIC DESIGNATION, AND SUBJECT TO THE SAME PROVISIONS AS ANY LOCAL HISTORIC BUILDING, STRUCTURE OR DISTRICT. 2. DISTRICTS: THE PLANNING AND ZONING COMMISSION SHALL USE THE FOLLOWING ADDITIONAL CRITERIA TO DETERMINE WHETHER A DISTRICT HAS ARCHITECTURAL OR HISTORIC SIGNIFICANCE: a. SIGNIFICANCE IS DETERMINED BY APPLYING THE CRITERIA OF SUBSECTION 1, OF THIS SECTION TO THE PATTERN(S) AND UNIFYING ELEMENT(S). b . NOMINATIONS WILL NOT BE APPROVED UNLESS THE APPLICATION CONTAINS WRITTEN APPROVAL FROM THE OWNERS OF AT LEAST TWO-THIRDS (2/3RD 8 ) OF THE PROPERTIES WITHIN THE DISTRICT BOUNDARIES . c. PROPERTIES THAT DO NOT CONTRIBUTE TO THE SIGNIFICANCE OF THE HISTORIC DISTRICT MAY BE INCLUDED WITHIN THE BOUNDARIES SO LONG AS THE NONCONTRIBUTING ELEMENTS DO NOT NOTICEABLY DETRACT FROM THE DISTRICT'S SENSE OF TIME , PLACE AND HISTORICAL DEVELOPMENT. NONCONTRIBUTING ELEMENTS WILL BE EVALUATED FOR THEIR MAGNITUDE OF IMPACT BY CONSIDERING THEIR SIZE, SCALE, DESIGN, LOCATION , AND/OR INFORMATION POTENTIAL. d. DISTRICT BOUNDARIES WILL BE DEFINED BY VISUAL CHANGES , HISTORICAL DOCUMENTATION OF DIFFERENT ASSOCIATIONS OR PATTERNS OF DEVELOPMENT , OR EVIDENCE OF CHANGES IN SITE TYPE OR SITE DENSITY AS • ESTABLISHED THROUGH TESTING OR SURVEY. -4- . . • • • e. WHEN DISTRICTS ARE DESIGNATED, APPLICABLE DESIGN GUIDELINES AND OTHER APPROPRIATE RESTRICTIONS MAY BE INCLUDED AS PART OF THE DESIGNATION. f. THE DISTRICT COULD BE EXEMPT FROM THE AGE STANDARD IF THE OTHER SIGNIFICANT CRITERIA ARE FOUND EXCEPTIONALLY IMPORTANT . Section 2. The Englewood City Council hereby amends Title 16 , Chapter 8 , Section 1, of the Englewood Municipal Code , 1985 , with the addition of the following definitions , in alphabetical, order to the definitions a s follows: 16-8-1: DEFINITIONS: B. DEFINITIONS: HISTORIC DISTRICT: HISTORIC BUILDING OR STRUCTURE A GEOGRAPHICALLY DEFINABLE AREA THAT POSSESSES A SIGNIFICANT CONCENTRATION, LINKAGE OR CONTINUITY OF SITES , BUILDINGS , STRUCTURES OR OBJECTS UNITED BY PAST EVENTS OR AESTHETICALLY BY PLAN OR PHYSICAL DEVELOPMENT. A BUILDING OR STRUCTURE DESIGNATED BY CITY COUNCIL , THAT IS WORTHY OF REHABILITATION, RESTORATION AND PRESERVATION BECAUSE OF ITS CULTURAL , ARCHITECTURAL AND/OR HISTORICAL SIGNIFICANCE TO THE CITY . Section 3. Safety Clauses. The City Council , hereby finds, determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of t he public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 4. Severability . If any clause , sentence , p a ragraph, or part of this Ordinance or the a pplication thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Section 5 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof a re hereby repealed to the extent of such inconsistency or conflict . -5- Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits , proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 7. Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of November, 1999. Published as a Bill for an Ordinance on the 19th day of November, 1999. A Public Hearing was held on the 6 t h day of December, 1999 . Read by title and passed on final reading on the 20th day of December, 1999. Published by title as Ordinance No. ~Series of 1999 , on the 24th day of December , 1999. I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop,4,2.f. the Ordinance pas on final reading and published by title as Ordinance No. J:;L , Series of 1999 . -6- .. • • ... • • • COUNCIL COMMUNICATION DATE: November 15, 1999 AGENDA ITEM SUBJECT: Historic Preservation Ordinance 11 a i INITIATED BY: Neighborhood & Business STAFF SOURCE: Lauri Dannemiller, Plan- Development ning Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: City Council directed staff to research the topic of Historic Preservation following purchase of the Skerritt House . RECOMMENDED ACTION: Schedule December 6, 1999, for Public Hearing on the Historic Preservation Ordinance, an amendment to the Englewood Municipal Code, Title 16 , Chapter 4 . BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED: The City of Englewood has numerous structures and sites of historical significance, notably the Skerritt House , the Englewood Depot, and the Gothic Theatre, as well as the Arapahoe Acres residential area. These structures and sites can have an impact upon the City in any number of ways, including the potential to provide educational or tourist opportunities, provide civic pride, and safeguard the cultural heritage. The possibility of losing some of these structures or sites ex- ists unless steps are taken to ensure preservation of the structures, and eliminate economic pres- sure for redevelopment. Traditionally, the remedy has been enactment of Historic Preservation ordinances. Staff researched historic preservation efforts, procedures, and ordinances in several other commu- nities, both within and outside of Colorado. The Planning and Zoning Commission has provided input on this issue at a study session, and at Public Hearing . Staff has refined the proposed Ordi- nance, which will create a method for voluntary property designation. The City Planning and Zoning Commission will be the recommending body, with final approval by City Council. The proposed ordinance was passed by the Planning and Zoning Commissio n on October 5 , 1999 . FINANCIAL IMPACT: This ordinance does not have any financial impact. When a structure, site, or district, receives designation on a local , state, or national historic regis- ter, grant funding is available for preservation efforts, which may or may not require matching funds. Those funds may come from public or private sources. LIST OF ATTACHMENTS: Bill for Ordinance Findings of Fact Staff Report -September 27, 1999 Report to Planning Commission-July 7, 1999 f:\dept\nbd\group\boards\councillcouncil comrnunications\1999\cc historic pr ese rvation ord.doc .. , • • • ' .. • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ORD-99-03 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDMENT OF TITLE 16, CHAPTER ) 4 OF THE ENGLEWOOD MUNICIPAL CODE) BY ADDING A NEW SUB-SECTION 24, ) HISTORIC PRESERVATION DISTRICT ) ) INITIATED BY: ) DEPARTMENT OF NEIGHBORHOOD ) AND BUSINESS DEVELOPMENT ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Douglas, Hayduk , Lathram , Ransick , Rininger , Stock- well , Willis , Welker Commission Members Absent: Weber This matter was heard before the City Planning and Zoning Commission on October 5 , 1999 , • in the City Council Chambers of the Englewood City Hall. • Testimony was received from staff. The Commission received notice of Public Hearing , and the Staff Report, which were incorporated into and made a part of the record of the Public Hearing . No public was present to testify on this issue. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Con- clusions. FINDINGS OF FACT 1. THAT development of the Historic Preservation Ordinance was undertaken by staff at the direction of City Council following acquisition of the Skerritt House by the City of Englewood. 2. THAT notice of the Public Hearing before the City Planning and Zoning Commission was given in the Enizlewood Herald on September 24 , 1999 . 1 3. THAT there are structures and districts within the City of Englewood which are of historical significance. 4. THAT to be eligible for grant money from the State Historical Fund to renovate his- torically significant properties, the structure or site must be designated on a local , state, or national historic register . 5. THAT the proposed ordinance, as written, provides for voluntary property designation as a historical strucrure or site upon recommendation of the Planning Commission and approval of City Council. CONCLUSIONS 1. THAT proper notice of the Public Hearing was given by publication in the Eng:lewood Herald on September 24 , 1999. 2. THAT there are historic sites and structures in the City of Englewood , and to be eligi- ble for grant funding to renovate these sites and strucrures , the y must be listed on a lo- cal, state , or national historic register. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Title 16 , Chapter 4 , of the Englewood Municipal Code should be amended by enacting a new Sub- section 24 , Historic Preservation District. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on October 5 , 1999 , by Mr. Douglas, seconded by Mr. Rininger , which motion states: Douglas moved : Rininger seconded: The Planning Commission recommend to City Council that the Historic Preservation Ordinance be approved , as amended: 1. A definition of "Historic Building" or "Historic Structure" be included . 2. In "Criteria" -districts , the phrase "written approval of at least 2 /3 of the properties within the district boundaries " shall be in - serted, and the phrase "at least one hundred ( 100 3) percent " shall be eliminated . 2 ~. ' t . • • • ... ''. • • • 3 . In "Criteria" -section 1 , replace "and" in Numbers 2, 3 , and 4 with the word "or" at the end of requirement statements . The vote on the motion was called: AYES: NAYS: Lathram, Ransick , Rininger, Stockwell , Willis, Douglas , Hayduk , Welker None ABSTAIN: None ABSENT: Weber The motion carried. These Findings and Conclusions are effective as of the meeting on October 5 , 1999 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION ~ I \ r / I I r " \ I ( I \ \ ~-i..--I c \ / \ .,,.,..·!· \ . I ~- Carl Welker , Chairman h :\gro up \boards\plancomm\findings 1999\fof ord-99 -03 --hpo .doc 3 To: Thru: From: Date: Subject: Planning and Zoning Commission Bob Simpson, Director, NBD Lauri Dannemiller, Planning Analyst September 27 1999 Historic Preservation Ordinance Recommended Action Staff recommends that the Planning and Zoning Commission make a recommendation to the City Council to adopt the proposed amendment to the Englewood Municipal Code regarding Historic Preservation designation. Proposed Amendment See attached Historic Preservation Ordinance. Background City Council directed staff to research the topic of Historic Preservation, originally due to the acquisition of the Skerritt House . The Skerritt House has historical significance in the City of Englewood. In order to be eligible for grant dollars from the State Historical ... • Fund, for the purpose of renovation, the property must be designated on a local, state or • national historic register. Adoption of this local ordinance will create the method for voluntary property designation, with the Englewood Planning and Zoning Commission being the approving body. 1\ENG_ CH\SYSIDEPTINBDIGROUPIBOARDSIPLANCOMM\Staff Reports 1999\Historic Preservation Report to Planning • Commission.doc • • • HISTORIC PRESERVATION ORDINANCE A. PURPOSE This Chapter provides a method to establish historic areas and landmarks for the educational, cultural and economic benefit of Englewood citizens . Due to various pressures that may result in the destruction, impairment, or alteration of historic resources which reflect elements of Englewood 's cultural and architectural heritage, it will be the policy and responsibility of this section to : 1. Preserve and protect buildings, structure, sites and areas that are reminders of past era, events , and person( s) important in local, state or national history which provide significant examples of architectural styles of the past or are landmarks in the history of architecture or which are unique or irreplaceable assets to the city and its neighborhoods ; which provide for thi s and future generations examples of the physical surroundings in which past generations lived , or which are archeologically significant 2. Develop and maintain the appropriate environment for such buildings. structures. sites and areas , reflecting varied architectural styles and distinguished phases of Englewood's history 3. Promote the public health , safety , and welfare by encouraging the protection and preservation of architecturally significant or historic structures or districts B. DEFINITIONS Historic District: A geographically definable area that possesses a significant concentration, linkage or continuity of sites , buildings , structures or objects united by past events or aes- thetically by plan or physical development. C. APPLICATION Any property owner wishing to have the owner 's building, structure or district designated as an architecturally significant or historic structure or district shall file an application with the Plan- ning and Zoning Commission. on a form approved by the Commission and supplied by the City , containing the following information: 1. The name and address of the owner or applicant; 2 . The legal description , street address or other identifying description of the building , structure or district; 3. A picture of the building or structure , if the application is for historic designation of a build- ing or structure: 4. A map of the district, if the application is for historic designation of a district ; 5. A statement giving the age of the proposed building or structure , or the general ages of buildings or structures within a district; 6. A brief description as to why the applicant considers the building , structure or district to have historical or architectural significance; and 7. Such additional material as the Planning and Zoning Commission may request or the appli- cant may consider pertinent to the application and to the findings prerequisite to the designa- tion . E. PROCEDURES FOR DESIGNATING HISTORIC STRUCTURES, SITES AND DIS- TRICTS FOR PRESERVATION. 1. A nomination for designation listing a property on the City's Historic Register may be made by the Planning and Zoning Commission, or by any citizen filing an application with the Planing and Zoning Commission. The fee charged shall be sufficient to cover the costs of publication, notice , recording costs , administrative costs, and other charges incurred in the course of processing the application. The application fee shall be established and thereafter amended by resolution of the City Council. 2. Planning and Zoning Commission Review: A. The Planning and Zoning Commission shall hold a public hearing on the designation ap- plication no more than thirty (30) days after the submission of the application. B. The Planning and Zoning Commission shall review the application for conformance with the established criteria for designation and with the purposes of this section. 3. Limitation on Resubmission and Reconsideration of Proposed Designation: Whenev er Commission disapproves a proposed designation , not person shall submit an ap- plication that is the same or substantially the same for at least one (1) year from the effective date of the final action on the denied application . 4. A final determination of an historic designation shall be made by City Council, and an offi- cial listing of all such designated property shall be maintained by the (City Clerk) (C ity Man- ager or designee). • F. CRITERIA • 1. All buildings , structures or districts: The Planning and Zoning Commission shall use the following criteria to determine whether a building , structure or district has architectural or historic significance: A. Only buildings or structures which have been in existence for at least fifty (50) years, or dis- tricts in which the majority of structures have been in existence for at least fifty (50) years may be designated; and B. A building , structure or a majority of structures within a district may be designated if they have some connection to events or persons significant to the history of the City of Englewood , Arapahoe County , the State of Colorado, or the United States; and C. A building, structure or a group of structures within a district may be designated if they em- body distinguishing characteristics of an architectural type inherently valuable for a study of a period , style, method of construction, or of indigenous materials or craftsmanship; and D. A building, structure or district which exemplifies or reflects the broad cultural , political, economic or social history of the City of Englewood, Arapahoe County, the State of Colo- rado , or the United States may be designated; and E. Those buildings , structures or districts within the city in the National Register of Historic Places, or the Colorado Register of Historic Places , as provided in the Nations Historic Pres- ervation Act of 1966 shall be construed as having local historic designation , and subject to the same provisions as any local historic building , structure or district. • ,, .. • • • 2. Districts: The Planning and Zoning Commission shall use the following additional criteria to determine whether a district has architectural or historic significance: 1. Significance is determined by applying criteria to the pattem(s) and unifying element(s). 2. Nominations will not be approved unless the application contains written approval from owners of at least one hundred ( 100) percent of the properties within the district boundaries. 3 . Properties that do not contribute to the significance of the historic district may be included within the boundaries as long as the noncontributing elements do not noticeably detract from the district's sense of time , place and historical development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size , scale , design , location, and/or information potential. 4. District boundaries will be defined by visual changes , historical documentation of different associations or patterns of development , or evidence of changes in site type or site density as established through testing or survey. 5 . When districts are de signated , applic a ble design guidelines and other appropriate restrictions may be included as part of the de signation. 6 . The district could be exempt from the age standard if the resources are found exceptionally important in other significant criteri a . h:\gro up \bo ard s\planc omm \staff rep orts 1999\hi storic pres ervati on ordinance .doc MEMORANDUM TO: THRU: FROM: DATE: RE: Request Englewood Planning and Zoning Commission Robert Simpson, Director, Neighborhood and Business Development d~Lauri Dannemiller, Planning Analyst NBD July 7, 1999 Historic Preservation Ordinance Attached please find information regarding the creation of an Historic Preservation Ordinance in the City of Englewood. Staff will be available to discuss the draft during the July 7, 1999 study session. Staff requests your input on the matter. Background • Within the City of Englewood, there exists a collection of structures and housing districts of • extensive historic significance. These structures have a notable impact upon the city in a number of ways, including the potential to provide educational or tourist opportunities, providing civic pride in the city's accomplishments and safeguarding the city's cultural heritage. However, certain structures have the potential to be significantly depreciated, or quite possibly forfeited, due to a variety of circumstances. Factors influencing devaluation include inadequate maintenance efforts, insufficient funding for preservation, economic pressure to re-develop at greater property values , or improvements/alterations which significantly impact the historical value of the property. Traditionally, to remedy this situation, cities have enacted Historic Preservation Ordinances , (herein called HPO), to provide relief to any number of the above mentioned factors. The benefit of implementing an HPO could be many . Through the Colorado Historical Society, grants may be available to properties or districts, which are identified in a local government's survey of historic properties or to those cities who enact historic preservation ordinances. The Society sets standards for awards ranging from a state income tax credit to an actual non- matching grant gift. In addition, a mandated percentage of grant funds are earmarked for cities which qualify for "Certified Local Government" designation -a somewhat arduous process requiring an extensive inventory and standards review process. While the sentiment for preservation is commonly accepted as having an overall public benefit, the effect of any activity to alleviate further degradation or loss of value, may have significant impacts on the city , property owner and public as a whole. Careful consideration should be • given to these impacts to properly evaluate the need for such an ordinance. / . ' . • ISSUES • • Issues addressed in this review will include: • Goals of th e prop os ed ordinance -Why is an ordinance needed? • Scop e of o rdinanc e -What will ordinance address? Will an ordinance require an initial survey of city, standards for designation or review standards? • Administration of ordinance and regulations -Will the administration/enforcement of the ordinance take place through the Planning and Zoning review process or a stand alone Historic Preservation Commission with recommendation to P&Z, and ultimately Council ? • Costs associated with proposed ordinance -Commission operation , review process and inventories will all have some level of costs associated with each task. • Legal ramificati ons of historic designation -Will designation be voluntary or will a specific percentage of property owners in specific neighborhood/region be required for appro val ? • Specific b enefits of histo ric di s tri cr o r prope rty designation -Can a carrot and stick approach be used to entice property owners to preserve valuable properties ? • Standards f o r prop e rty modifi cation s -Will the review process provide extensive , moderate or limited standards for the property and how can these standards be applied equitably ? GOALS OF POTENTIAL ORDINANCE: Generally , the outcome of an Hi s toric Preservation Ordinance is for the purpose of: • safeguarding the city 's historic , aesthetic, and cultural heritage by preserving districts of historical significance • promoting the educational , cultural and general welfare of the public through protection , enhancement and perpetuation of districts of historical or cultural significance in the city • maintaining and possibly improving property values by conservation of historic properties • fostering civic pride in the legacy of beauty and achievements of the past • gaining economic benefits from touri st and visitors • promoting the use of districts of historic and cultural significance as sites for education, pleasure and welfare of the people of the city • encouraging private property owners to preserve structures through grant funding opportunities A review of the issue brings forth three critical areas for examination. Firstly, the potential ordinance 's components must be reviewed . Next, an analysis of possible options must be considered and lastly , a comparison of other local government 's current operating procedures relating to historic preservation will be studied . 2 COMPONENTS OF ORDINANCE This attachment re views components which may be included in each Historic Preservation Ordinance and what purpose each component serves toward the objective of historic preservation . (See Attachment A). OPTIONS A number of alternatives are available to the City of Englewood if this matter is pursued . Options range from no action to the creation of an Historic Preservation Commission to becoming a Certified Local Government. All these options have ob vious benefits and costs associated with each . (See Attachment B). OPTION 1 No Ordinance No ordinance is completed . OPTION 11 Historic Preservation Ordinance with Planning Commission Review An Historic Preservation Ordinance is adopted in which the Planning Commission, upon permit application , will review properties and structures for adherence to the HPO . OPTION Ill Historic Preservation Ordinance with Historic Preservation Commission Review An HPO is adopted and council creates an Historic Preservation Committee . This committee reviews applications , proactivel y surveys the community for potential properties and re commends structures/districts for Historic Property designation . OPTION IV. Historic Preservation Ordinance with Historic Presen1ation Commission Review and Certified Local Government Designation The cit y will apply for CLG designation and implement ation will be similar to Option III. COMPARATIVE REVTKW In addition to an issue review, a comparati ve analysis of selected local government 's historic preservation ordinances will be provided for study . This information presents a number of alternatives for the level of regulation desired , spec ifics of standards and poss ible criteria for designation of properties . (See Attachment C). CONCLUSION The proposition of an Historic Preservation Ordinance is a complex one . The will of the public should determine the need or level of detail for the proposed ordinance . From an investigation of the subject matter, any level ofregulation is possible , conditioned on the goals of the community . 3 .. • • • OPTION I No Ordinance Scope Not applicable Administration Not applicable Costs None • A TT A CH ME NT B Comparison Of Options OPTION II OPTI ON III HPO with P&Z Review HPO w/Historic Preservation Commission Ordin a nce requires review • Creation of HPO and process from P lanning and Historic Preservation Zoning for material changes Commission to properties within a • Commission creates designated district or inve n tory of designated individuall y designated properties and districts properties . • Commi ssion reviews app lications from designated properties for appl icabi lity to HPO • Commission recommends action to P lanning and Zoning, wh ich in turn recommends to Council. • Initia ll y require s a survey S a me as Option II of properties or districts with historic significance within the city. • Requires creation of standards, staff and P lanning and Zoning review. • Ongoing e n forcement required of building department st aff and pena lty admini s tration . • Ordinance creation • Historic Preservation • Initia l survey or report of Commission Review historic designation • Planning & Zoning recommendation Review • OPTION IV HPO w/Historic Preservation Commission and CLG • City a pplies for Certified Local Government designation • Historic Preservation Commission must meet professional standards • Comm ission reviews app lications from within City of Englewood for State and Federa l Historic Register designation • R emainder of scope is the same as Option III • Initially requires exten s ive survey of properties/districts with historic s ignificance • Report must be approved by State Historical Society • Remainder of administration is the same as Option III • Application for Certified Local Government designation • Formal survey and report .5 • • • Attachment A Cmnponents of an Historic Preservation Ordinance );> PURPOSE -What is the stated purpose for creating the ordinance? The decree must tie to a legitimate public purpose and have the proper legal basis. );> POWERS AND AUTHORITY -Establishment of authority (statutorily or other) and what powers are granted to what authority. >-CREATION OF COMMISSION/BOARD TO OVERSEE ACTIONS -Procedural matters relating to establishment of governing body (P&Z or commission). Statement of requirements of membership should be included. >-CRITERIA FOR DESIGNATION OF PROPERTIES, STRUCTURES OR AREAS -Factors which are reviewed when considering district or landmark designation. >-PROCEDURE FOR NOMINATION AND DESIGNATION -Clarification of whom may nominate structures and the procedure for nomination. Location of property on a part of a survey or part of a historic preservation comprehensive plan . >-TYPES OF ACTION REVIEWED -Actions reviewed in the process -designations, physical changes, exterior changes requiring permits, alterations, demolition and removal. ~ CRITEIUA APPLIED -Standards that are applied in general and specific terms . >-CONSIDERATION OF THE ECONOMIC EFFECT OF DESIGNATION -Designation may create an economic hardship on property owner if application is denied and process if this occurs. >-APPEALS -Role of Planning Commission, City Council or courts in dispute of action. 4 Advantages/ • Properties/districts not • Properties e l igib le for • Moderate start-up cost ; • Properties e l igib le for Disadva n tages eligible for CHS grant State Historica l Fund increased ongoing costs State Historical Fund non- funding or tax credits for do ll ars • Remainder of matching grants p lanning, preservation or • Preservation of hi storic advantages/disadvantages • Properties e ligib le for restoration . properties a nd are t he same as Option II State Income Tax Credit • C ity r isks devaluation or aforementioned benefits of 20% of improvements loss of properties caus in g • Moderate start up, over 5-year period. assessed va luations to moderate ongoing costs • Ability to comment on decrease. • Potentia ll y politica ll y State and National • Potential loss of sales tax vo lati le if des ignation is Register applications revenue not tota ll y vo lu ntary by • High start-up costs; high property owners . ongoing costs • R emainder of advantages/disadvantages are the same as Option III 7 ~ . • • • • • • • Creation of standards • City Council Review of historic designation • Staff and Planning and • Additional costs are same recommendations Zoning review as Option TI • Remainder of costs are the • Enforcement costs same as Option III Legal Not applicable • Po tential legal question on Same as Option TI Same as Option III vo luntary designation vs. percentage of district residents . • Standards must apply to the question of "legitimate state interest" Standards Not applicable • City creates standards Same as Option II • Changes shou ld address within HPO which exterior features such as regulate material "changes architectural style, general in appearance of a design, arrangement of building or site" exterior of building, kind • Level of regulations and texture of building should be applicable to material, type and style of objective of preservation all windows, doors, li ght of property. fixtures, s ign s and other • Changes may apply on ly appurtenant fixtures . to those which are visible • Changes should also from the public way or address exterior features from adjacent properties , such as architectural style, and for which a building, general design, and demolition, housing arrangement of exterior of moving or other regulated building permit is required for • Remainder of standards comp li ance with are the same as Option JI applicab le city codes. • Changes may a lso address exterior features such as architectural style, general design, and arrangement of exterior of building. 6 dec isions on any for the in terpretation, • Advise owners of physical and financia l application for alteration administration a n d designated property on aspects of preservation or removal of landmark enforcement of the physica l a n d financia l • To nominate landmarks to • Deve lop and assist in regulatio ns aspects of preservat ion National Historic Register pub lic educatio n programs • Assist in educationa l • To ho ld pub l ic heari n gs, • Conduct surveys of efforts review app lications and h istoric a reas • Advise Cou ncil on matters issue or deny "Certificates • Advise city coun ci l on of Historic Preservation of Appropriateness" for matters of historic • Pursue fi n a ncial assistan ce such actions preservation for preservation • To consider appl ications • To testify before boards for "Econ omic H ardship" and commissions on an • To develop guidelines for matter effecting a t h e a lteration, designated property con structi on, or removal of la nd marks or property and structures within d istricts Hi s to ri c • Historic Preservation • Rev iewed by Bui lding • Historic Preservation • Historic Preservation Preserva ti on Committee Reviews all Inspector, H istoric Committee ( 7 members) Commission refers actions Committee o r actions Preser vation Officer and reviews all actio n s relating for designation to P&Z Rev iew Board of Trustees to Historic Preservation P lanning and Zoning • Possib le to appoi n t a n HP which refers to Counci l Commission when appropriate Cri teria for • Landmarks and districts • Promo tes the purpose of • Va lue as part of the City's • Character, interest, or Des ignat ion over 50 years of age must the ordinance cu lture or heritage value as part of the exemplify architectural, • The proposed work will • Site of significant loca l, developmen t , heritage, or socia l or not adversely materially s ta le or nat ional eve nt cultural c h aracteristics of geographic/environmental affect an existing • Identification with a the community character struct ure's h istorical s ign ificant person • Its location as a site of • Designed by a nationall y quality and value or on the • Disti n gui shi n g local event n otoriety recognized architect, sty le c h arac ter of th e distr ict as characteristic of a n • Identificat io n with a representat ive of the a w ho le arc hi tec tural sty le va lu ab le sign ificant person geograph ic region or for the stu dy of a period, • Embod ime nt of demonstrates or type, meth od or dist ingu is h ing exemplifies cultural, construction, or use of characteristic of particular polit ical, economic or indigenou s materials arc h itectural style valuab le • • • • 10 ·~ • • ATTACHMENT C • ,v • COMPARATIVE ANALYSIS OF CITIES HISTORIC PRESERVATION ORDINANCES DURANGO, COLORADO LA KE CITY, CO LO RA DO NORTHGLENN, LIBERTY, MISSOURI COLORADO Purpose • Protection and • Foster civic pride in the • Protection, preservation • Promote the educational, preservation of City's past and to educate and en h ancement of cu ltural, economic and historic and cultura l citizens structures and districts of genera l we lfare of the heritage • Protect the unique cultural, historical and public through the • Enhancement of property character of the town architectural significance protection, en h ancement, values and stabi li zation of • Protect architectural and • Economic deve lopment and perpetuation of historic neighborhoods aesthetic heritage of the • Enhancement of property districts and hi storic and • Increase of economic and town va lu es cultura l significance financial benefits through • Strengthen the economy • Promotion of civic pride located in the city the city's attractions to • Draw a balance between • Promotion of good urban • Safeguard the city's tour ists and v is it ors desires of property owners design historic, aesthetic , and • Provision of educat iona l and the pres ervation of the • Provision of educational cu ltu ral heritage opportunities town's heritage, whi le opportunities to increase • Stabilize a nd impro ve avoiding the imposition of public appreciation of the property va lu es by an economic hardship City's unique heritage conservation of historic • Prevent the use of • Draw a balance between properties materials incompatible private property rights and • Foster civic pride with the historic character pub li c interest in • Protect and enhance the of the district preserving heritage and City's attractions to historical character of City tourists and visitors • Strengthen the economy Powers • Adopt criteria for review • Board of Trustees appoints • Conduct surveys of • Conduct ongoing survey of historic resources and one member to serve as historic properties to identify historically and or review of proposals to the Historic Prese rvation • Keep register of properties architecturally significant a lt er, demolish, or move Review Officer • Hold Public hearings for properties designated resources • The Board reviews reviewing applications for • To recommend to P&Z • Review resources app li cations and the construction, alteration, designation of properties, nominated for historic act ions of the Building restoration, removal, or s tru ctures or districts district and recommend Inspector and Historic demolition of designated having specia l historic, council designate those Preservation Officer landmarks or properties community or resources by ordinance • Board promu lgates • Review nominations for architectura l value • Review and make guidelines and regu lations designation • To assist land owners on 9 ' .. adjacent properties improvements and • Demolitions will consider whether or not they are a if the structure can be hazard to public health rehabilitated or reused on and safety site for any reasonable • Compliance with the beneficial use, the impacts Secretary of the Interior's to the character of the city Standards for Historic and will be negligible if Preservation Projects". moved Final Decision • All actions of Commission • Not addressed are final unless owner or 50% of property owners appeal within 7 days of decision . • Appeals go to City Council, Public Hearing and Council Conclusion Fines and • Fines consistent with City • Up to $300, or a jail Penalties Code sentence of up to 90 days • 1-5 year moratorium on all building permits for subject property depending on violation G:\DEP1iNBD\GROUP\Historic Preservation\Memo to P&Z Commission 7-6 -99.doc • • • • Applicant can apply for • "Certificate of Economic Hardship" if cost of • change is prohibitive based on a number of factors • One year moratorium on • all building permits on property when work is done without permission • 5 year moratorium on permits when building is moved or demolished Architectural details such as materials, colors and textures should be compatible with surrounding structures Appeal within 30 days to City Clerk Council has 60 days to reverse actions Not less that $50 nor more than $500 12 • .. ·~ . . -. • Procedu r e fo r Nomina ti on Type of Ac ti on Rev iewed Criteria Applied or Standards Reviewed • • • • • • • • • • • social heritage of th e community Property would diminish the character and sense of place in the community if destroyed Historic Preservat ion Commission or any citizen Commission tries to secure consent of board before proceeding with application If consent is not received, a public hearing is held on the proposal Alterations to exterior of structure New additions Adjacent new construction Demo litions -Part or total Relocations Alterations will consider effect of change upon historical character of structure, compatibility of structure with surrounding structure and effect on continued use of the property Relocations will consider if the structure can be rehabilitated at current site, if it can be removed without significant damage and if the new site is compatible with • • Board ha s designated a district as the Historic Preservation District • Any proposed construction, repair , reconstruction or remodeling of structures within the District • Effect upon the historic and architectural character of the structure • Architectural style, arrangement, texture and material used and their relationship to other structures • The effects of the work in creating, changing, destroying or otherwise affecting the exterior architectura l features of the structure • The condition of existing • Work of a master builder • Elements of design, detailing, materials or craftsmanship of architectural significance • or innovation • Nominations may be made • by a member of Commission, owner or record, City Council or any other person • • Consent of owner, if possible but not required • Any alteration, restoration, • removal or demolition of a designated structure must • obtain an "Alteration Certificate" from Historic Preservation Commission • Not addressed in • ordinance • • • for the study of a period, type, method of construct ion, or use of indigenous materials Structurally innovative Report from Preservation Commission on designation of structure or district Recommendation from Commission to Planning and Zoning Applications for historic designation Construction, repair, reconstruction, demolition or remode ling of structures with designation Height , proportions of windows and doors, roof, and landscaping compatible with architectural style Relationship of a structure to the open space between it and adjoining structures shou ld be compatible Facades should b lend in with other structures and compatible with dominant horizontal or vertical expression of the surrounding structures . 11 ,~ ... ...