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HomeMy WebLinkAboutZOA-97-3GORSiJCH KIRGIS L.L.C. SUITE 1100 1401 SEVENTEENTH STREET DENVER, COLORADO SO2O2 7uly 22, 1997 ATTORNEYS AT LAW TELEPIiONE (303) 299-8900 FAx (303) 298-0215 MAILING ADDRESS P.O. Box 17180 DENVER, COLORADO 80217-0180 MAUREEN HERB IURAN DIRECT DIAL: 303-299-8966 J/j~ ~ 3 19~, i Meredith Reckert ' City of Wheat Ridge 7500 West 29'~ Avenue Wheat Ridge, CO 80215-6797 Re: City of Wheat Ridge Historic Preservation Ordinance Dear Ms. Reckert: Enclosed please find a copy of the Historic Preservation Ordinance for the City of Wheat Ridge. Please submit this ordinance for consideration on the next available agenda of the Planning Commission. Should you have any questions, please do not hesitate to give me a call. Very truly yours, GORSUCH HIRGIS L.L.C. Maureen Herr Juran. MHJ:cw Enclosure MHl\53027\256195.01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER __ Council Bill No. _ Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS AND TREES WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a home rule municipality pursuant to Article XX of the Colorado Constitution with all the power of local self-government and home rule, including the authority to regulate the use and development of land within its limits; and WHEREAS, the City has undertaken regulation of use and development of property within its limits by enactment of ordinances regulating zoning and development within the City, one stated purpose of which is to protect the value of property and promote the welfare of the residents of the City; and WHEREAS, the City has identified a need to provide a process to evaluate and protect buildings, trees and structures deemed to have historical, architectural or archaeological significance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: ecti 1. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Zoning and Development, is amended by the addition of a new Article VI, entitled "Historic Preservation," which Article shall read as follows in its entirety: Article VI. HISTORIC PRESERVATION Sec. 26-G00. Intent and Purpose. (1) The purpose of this Article is to establish and preserve historic landmarks for the educational, cultural and economic benefit of Wheat Ridge citizens by: (a) Preserving, protecting, enhancing, and regulating the use of buildings and structures that are reminders of past eras, events and person(s) important in local, state or national history, which are landmarks in the history of architecture, which provide examples of the physical surroundings in which past generations lived or which are archaeologically significant; and (b) Ensuring that the historic character is preserved in development and maintenance of such buildings and structures; (c) Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of Wheat Ridge's heritage and cultivating civic pride in the accomplishments of the past; and (d) Cooperating with state and federal historical preservation efforts. (2) It is not the intention of this Article to preserve every old building, structure or tree in the City, but rather to provide a process to evaluate and protect only those buildings, structures and trees deemed to have historical significance. Sec. 26-601. Supplement to Zoning Provisions; Other Code Sections Unaffected. (1) The requirements of this Article are in addition to al] other zoning provisions contained in this Chapter 26 and are not to be construed so as to waive any other existing and applicable zoning regulation, unless specifically excepted by City Council pursuant to section 26-606, and shall apply to all zone districts in place at time of adoption of this Ordinance or hereafter. (2) Where a conflict exists between the provisions in this Article VI and other provisions of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code. Sec. 26-602. Definitions. (1) For the purposes of this Article, the following words and terms are defined as set forth herein: Community Significance Variance. A variance from height,- setback, square footage or any other code provisions determined by City Council as necessary to preserve the historic character and/or significance of an affected historic landmark. Development application. Any permit, site plan, rezoning, variance application or administrative relief that would change the chazacter or appearance of property and/or improvements thereon. MH7153027\183489.1 2 Exterior architectural feature. The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Historic preservation. The protection, rehabilitation, restoration and reconstruction of buildings, structures and objects significant in Wheat Ridge history, architecture, archaeology, engineering or culture. Historic Landmark. Any structure or improvement designated as historic under the provisions of this Article. Historic Tree. Any tree designated as historic under the provisions of this Article. Inventory. A listing of buildings and structures within the City which reflect an earlier .time or which contribute to the overall historic character or heritage of the City, including a list of historic landmarks and trees designated pursuant to this Article. Landmark Alteration Permit. Any permit issued by the City pertaining to construction, alteration, removal or demolition of a building or feature within a designated historic landmark or landmark site. Major change. Alteration to an historic landmark which may fail to preserve, enhance or restore the exterior architectural features of the landmark by affecting the special character or special historical, architectural or archaeological nature of the historic landmark which gave rise Co the historic designation. Minor change. Alteration to a historic landmark which preserves, enhances or restores the exterior architectural features of the landmark or site. A minor change does not adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark or site. Owner. Any person or persons having such right to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permits and approvals from the City agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorization or approval of the Preservation Specialist or the City Council. Preservation Specialist. The person under the supervision of the City Manager who prepares presentations for City Council meetings at which historic designation applications are MH1~530271183489. t 3 considered and serves as the initial recipient of historic landmark designation and development applications. Reasonable Return. The capacity, under reasonably efficient and prudent management, of earning a reasonable return on an investment. Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work which is not "of the period." Structure. Any building, improvement, shelter or any other construction built for the shelter or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or party walls extended to or above the roof or without openings in separate walls. Wheat Ridge Historical Society. A Colorado non-profit corporation, recognized as tax-exempt pursuant to § 501(c)(3) of the Internal Revenue Code, or any of its successors, the general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate interest in such persons, events and places. Sec. 26-G03. Benefits of Historic Landmark or Historic Tree Designation. (1) Historic landmarks may be eligible for grants for preservation, restoration or stabilization from the City, state or other granting organizations. (2) The City, in collaboration with the Wheat Ridge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners in applying for state or national historic designation. (3) City Council, in its sole discretion, may make available economic incentives to historic landmarks. The City Council is authorized to seek and accept private or public grants which would enhance historic preservation. (4) The City shall supply a plaque of appropriate size which states that a designated historic landmark is a Wheat Ridge Historic Landmark and protected under the provisions of this Article. (5) If appropriate, the City Council may grant a community significance vartance. MHI153027\183489.1 4 Sec. 26-604. Process for Designation of Historic Landmark, Tree. (1) Any individual structure, building or tree within the City is eligible for designation as an historic landmark or historic tree. (2) Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this Article. (3) An application for historic designation may be submitted by the property owner, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council. The application shall be on a form as provided by the City Preservation Specialist and shall be submitted to the City Preservation Specialist who shall first refer the application to the Wheat Ridge Historical Society Board of Directors for review and recommendation. (4) In accordance with its own rules and by-laws, the Wheat Ridge Historical Society Board of Directors shall review the application for historic designation and shall make a recommendation to City Council on whether the City Council should grant historic designation. Failure of the Wheat Ridge Historical Society Board of Directors to provide a recommendation within 30 days of the date that the application is sent to it for referral shall be deemed to be a recommendation for denial. (5) Upon receipt of a recommendation from the Historical Society Board of Directors, or after the passage of 30 days from the date an application is sent fo the Historical Sociery for referral, City Council shall schedule a public hearing on such historic designation applications. Notice of the public hearing shall be sent to the Owner of the affected property via certified mail and shall be published in a newspaper of general circulation at least fifteen (15) days before the date of the public hearing. Such notice shall state the date, time and place of the public hearing, state that an application has been filed for historic designation of the structure or tree and describe the location of the landmark by street address, legal description, map and/or other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application. Sec. 26-605. City Council Designation. (1) Following public hearing, City Council may designate by ordinance historic landmarks and historic trees in the City of Wheat Ridge to accomplish the purposes of this Article. In making such designations, City Council shall consider the recommendation of the Wheat Ridge Historical Society Board of Directors, the testimony and evidence presented at the public hearing and the following criteria: MFO\53021\183489.1 5 (a) No structure or building shall be granted historic designation unless City Council determines that the property owner will retain the ability to earn a Reasonable Return on the property which is the subject of the application; and (b) City Council shall consider whether the structure or tree is of particular historical, architectural, cultural or archaeological significance which: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or 2. Is identified with historic persons or with important events in national, state or local history; or 3. Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or 4. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized; or 5. Is recommended as an historic landmark by the Wheat Ridge Historical Society Board of Directors; or 6. In the case of a tree, is of such an age as to have lived through historic times or events and is deemed by the City Forester to be safe, sound and viable. (2) City Council may grant historic designation in the presence of one or more of the criteria set forth in (1)(b)(1) through (1)(b)(6) above, but need not find thaC all of those criteria are met. (3) If an application for historic designation is submitted by either a City Councihnember or a member of the Wheat Ridge Historical Society Board of Directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall_be granted only upon athree-fourths vote of the entire City Council. (4) It shall be unlawful to demolish, destroy or undertake any major change to a structure or tree which is the subject of a pending historic designation application until such time as City Council has determined whether such designation shall or shall not be granted. (5) The Planning Department and the Public Works Department shall maintain an Inventory of all designated historic landmarks and trees and all structures and trees which aze MHl\53027\183489.1 6 the subject of pending applications for historic designation. Upon receipt of information that a tree may be destroyed or upon receipt of an application for either a permit or a request to carry out any new construction, alteration, removal or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic designation, or a zoning change or development plan change, the Planning or Public Works Department shall forward such permit application, request or information to the Preservation Specialist within ten (10) working days. No permit shall be issued or request granted by said departments before a landmark alteration permit has been issued by either the Preservation Specialist or City Council or until a determination has been made by City Council not to grant historic designation. Sec. 26-606. Community Significance Variances. (1) In addition to historic designation, or at any time after granting historic designation, the City Council may, upon application therefor, grant community significance variances to historic landmarks. (2) When a community significance variance is sought after historic designation has already been granted, the notice and hearing requirements for granting such a variance shall be as set out in section 26-604(5) except that the notice shall state that an application has been filed for a community significance variance. (3) The criterion for determining that a variance should be granted is that the variance is necessazy to preserve the historic character and/or significance of the affected structure. (4) The variance shall remain in effect only until such time as the use which created the historic character of the landmark changes or ceases. Failure to maintain the subject of a variance in good repair and working order may cause a rescission of the variance. Sec. 26-607. Limitations on Development Affecting Historic Landmarks and Trees. (1) No person shall carry out or cause to be carried out on any historic landmark any construction, alteration, removal or demolition, or make any changes that would impair the historic nature of the historic landmark without first obtaining a landmark alteration permit therefor in accordance with this Article. (2) No person shall move, remove, destroy or knowingly injure an historic tree without first obtaining a landmark alteration permit therefor. (3) Nothing in this section shall be construed to prevent any construction, alteration, removal, or demolition necessary to correct an unsafe or dangerous condition of any tree or structure, or parts thereof where such condition is declared unsafe or dangerous by the City MIi1\53027U83489.1 .~ Building or Planning and Development Departments, the City Forester in the case of a tree, or fire department and where the proposed measures have been declared necessary by the City Manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed. Any temporary measures required under this section may be taken without first obtaining a landmark alteration permit, but a permit is required for permanent alteration, removal or demolition of an historic landmark. (4) In the event that an historic tree must be destroyed in accordance with this Article, the City Forester shall determine and document the age of the tree and provide such documentation to the Preservation Specialist. (5) If the City provides the applicant with a landmark alteration permit, the applicant must apply for a building permit within six months of the date of the permit. (6) If the City denies a landmark alteration permit, no person may submit a subsequent application for the same construction, alteration, removal or demolition within one year from the date of the final action upon the eazlier application. Sec. 26-608. Initial Processing of Applications For Landmark Alteration Pernuts. (1) Applications for a landmark alteration permit shall be submitted to the Preservation Specialist on a form as provided by the Preservation Specialist and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. (2) Landmark alteration permit applications for minor changes shall be determined by the Preservation Specialist in accordance with this Article. Landmark alteration permit applications for major changes shall be determined by City Council in accordance with this Article. (3) The Preservation Specialist shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Sec. 26-G09. Minor Change Landmark Alteration Permits (I) In determining whether to grant an application for a minor change landmark alteration permit, the Preservation Specialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior azchitectural features of the landmark or site. The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site. MH1\53027\183489.1 8 (2) Any person aggrieved by a determination of the Preservation Specialist to grant or deny a minor change landmark alteration permit may appeal such determination to the City Council within twenty (20) days of the date of the Preservation Specialist's determination by filing an appeal with the office of the City Manager. Such appeal shall state the grounds for appeal. Within thirty five (35) days of the date the appeal is received in the office of the City Manager, the City Council shall set a date for a hearing on such appeal, which hearing shall be held no later than sixty days after the date the appeal is received in the office of the City Manager. The City Council shall have the power to overrule the Preservation Specialist's decision by a vote of a majority of the City Council. The determination of the City Council following the appeal hearing shall be issued within forty-five (45) days of the hearing and shall be a final determination for purposes of Rule 106, Colorado Rules of Civil Procedure. Sec. 26-610. Major Change Landmark Alteration Permits. (1) The City Preservation Specialist shall schedule the permit application for a major change on the next available agenda of the Wheat Ridge Historical Society Board of Directors. The Preservation Specialist shall notify the permit applicant of the date of the Historical Society Board of Directors' meeting at which the application shall be considered via first class mail at least fifteen (15) days before the date of the meeting. (2) At the conclusion of the Historical Society Board of Directors' meeting at which the Society considers an application for a landmazk alteration permit to make a "major change," the Historical Society Board of Directors shall forward to City Council a recommendation it either grant or deny such permit. (3) City Council shall schedule a hearing on such major change landmark alteration permit application. Notice of the hearing shall be as set forth in Section 26-604(5) except that the notice shall state that an application has been filed for a major change landmark alteration permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in Section 26-604(5). (4) Following the City Council hearing on the major change landmark alteration permit application, City Council shall consider the recommendation of the Historical Society, the evidence or testimony presented at the hearing, and whether the proposed work will materially and adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark. City Council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing and shall notify the applicant of its vote within fifteen (15) days of the date of the vote in writing, including the major change landmark alteration permit if the City Council has voted to grant such permit. MHI1530271163489.1 9 Sec. 26-611. Maintenance of Historic Landmarks. All structures, architectural features, buildings, and improvements which constitute a historic landmark or which are located on an historic landmark shall be maintained in good repair so as to prevent deterioration. Failure to maintain all historic structures, architectural features, buildings, and improvements in good repair shall constitute a violation of this Code. Sec. 26-612. Removal of Historic Designation. (1) An application for removal of historic designation may be submitted by the Owner of the property which holds such designation, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council as in Section 26-604(3). The application shall be processed in the same manner as in Section 26-604(3) through (5) and Section 26-605 except that the criteria for removal of historic designation shall be that: (a) The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; (b) Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26-605. (2) Properties removed from the State Register or the National Register of Historic Places shall not be considered to have been automatically removed from the City's historic inventory without formal action of the City Council. (3) If either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors submits an application for removal of historic designation and the property Owner does not desire removal of historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be removed only upon a three-fourths vote of the entire City Council. Sec. 26-613. Recordation of Memorandum of Action. (1) Within fifreen (15) days of a City Council designation of an historic landmark or historic tree, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) Address and legal description of the real property affected by the historic landmark designation which underlies the structure or tree which has been designated as historic; MHf\53027\183489.1 1Q (b) A statement that such real property is subject to Article VI, Chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic landmark and/or historic tree requirements. (2) Within fifteen (15) days of the date that the City Council removes an historic designation, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) The information contained in subsection (1)(a) above; and (b) A statement that the Owner of such real property is no longer required to conform with the historic landmark and/or historic tree requirements of Chapter 26, Article VI of the Wheat Ridge Code of Laws. Sec. 26-614. Violations and Penalties. (1) Any person who is an Owner as defined in Section 26-602 or a manager of property subject to any provision of this Article shall be responsible for compliance with all provisions of this Article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the Owner for a violation of this Article. (2) Any person violating any provision of this Article shall be subject to a fine of nine hundred and ninety nine dollars ($999.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. (3) The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Article. In case any building, structure or tree is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this Article, the City or any proper person may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. e i 2. ~uperse~cinn Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Se tin Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, MHIV53027\183489.1 1 1 that it is promulgated for the health, safety, and welfare of the 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 attained. Sec 'on Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for _, 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500-West 29th Avenue, Wheat Ridge, Colorado. MHIL530271183489.1 12 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 1997. SIGNED by the Mayor on this day of 1997. ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY MAl153027\183489.1 13 A ~ of w"~q r W H E A T ~-a I~ I D G E __ Cr'I WHEAT RIDGE, COLORADO 80215- 7500 WEST 29'TH AVENUE F A S I I E FAX#-(30-3) 23/5-2857 To: ~AsJ2~Eii~ ~UlJ~ From: - Date: $ ` ~ Z - 9~ No. of Pages ~3_ - (not including cover sheet} p' ~ '` ~~('~ ~ a~, ~~ PLANNING AND ZONING - PARKS AND RECREATION ~ PUBLIC-WORKS - - - - '--- - - -:.°-(303)235-2861,. (303) 23~-28~t6 (303)-235-2877 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS AND TREES WITHIN THE CITY ~~ ~, WHEREAS, the City of Wheat Ridge, Colorado (the City ), is a home rule municipality pursuant to Article XX of the Colorado Constitution with all the power of local self-government and home rule, including the authority to regulate the use and development of land within its limits; and WHEREAS, the City has undertaken regulation of use and development of property within its limits by enactment of ordinances regulating zoning and development within the City, one stated purpose of which is to protect the value of property and promote the welfare of the residents of the City; and WHEREAS, the City has identified a need to provide a process to evaluate and protect buildings, trees and structures deemed to have historical, architectural or archaeological signiticance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Zoning and Development, is amended by the addition of a new Article VI, entitled "Historic Preservation," which Article shall read as follows in its entirety: Article VI. HISTORIC PRESERVATIOI~T Sec. 26-600. Intent and Purpose. (I) The purpose of this Article is to establish and preserve historic landmarks educational, cultural and economic benefit of Wheat Ridge citizens by: (a) Preserving, protecting, enhancing, and regulating the use of buil~ structures that are reminders of past eras, events and person(s) important in local, U national history, which are landmarks in the history of architecture, which provide examples of the physical surroundings in which past generations lived or which are archaeologically significant; and (b) Ensuring that the historic character is preserved in development and maintenance of such buildings and structures; (c) Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of Wheat Ridge's heritage and cultivating civic pride in the accomplishments of the past; and ~, O~ (d) Cooperating with state and federal historical preservation efforts. Q~ (2) It is not the intention of this Article to preserve every old building, structure or tree in J the City, but rather to provide a process to evaluate and protect only those buildings, ~~ structures and trees deemed to have historical significance. Sec. 26-601. Supplement to Zoning Provisions; Other Code Sections Unaffected. (1) The requirements of this Article are in addition to all other zoning provisions contained in this Chapter 26 and are not to be construed so as to waive any other existing and applicable ~~ zoning regulation, unless specifically excepted by City Council pursuant to section 26-606, and ~~ shall apply to all zone districts in place at time of adoption of this Ordinance or hereafter. „q~, (2) Where a conflict exists between the provisions in this, Article VI and other provisions ~,~' " of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code. Sec. 26-602. Definitions. (1) For the purposes of this Article, the following words and terms are defined as set forth herein: Community Significance Variance. A variance from height, setbagk, square footage or any other code provisions determined by City Council as necessary to preserve the historic character and/or significance of an affected historic landmark, Development application. Any permit, site plan, rezoning, variance application or administrative relief that would change the character or appearance of property and/or improvements thereon. ,~. ,~ ~`"~ ra r;r c~ >nu~son+ixsax~~, t 2 ,. ~ use ~«-~~a~Y d~~~t~,~ ~' Exterior architecntral featctre. The archite ural sty e, des n, g ral arrangement and ~~~ components of all of the outer surfaces of an i rovement as dish uishe om the interior surfaces enclosed by said exterior surfaces, inc ding, but t limited o, the kr ,color and ~ texture of the building material and the type an tyle of all indows, rigors, Iights, igns end ti~"` ,vr ,y7` ~ other fixtures appurtenant to such improveme d ~ ~~~~ ~~ r~'Q~ ~~~ ~~°~ Historic preservation. The protection, rehabilitation, restoration and recotfstruction of buildings, structures and objects significant in Wheat Ridge history, architecture, archaeology, `~ ~u~~S engineering or culture. ~unS~S12w~ ~~-ied I' used de~r~'r's"` j ses ~ { ~RJ,a~~ Historic Landmark. Any structure or improvement designated as historic under the ~ provisions of this Article. Historic Tree. Any tree designated as historic under the provisions of this Article. Inventory. A listing of buildings and structures within the City which reflect an earlier time or which contribute to the overall historic character or heritage of the City, including a list of historic landmarks and trees designated pursuant to this Article. Landmark Alteration Permit. Any permit issued by the City pertaining to construction, ,Q/ alteration, removal or demolition of a building or feature within a designated historic landmark ~^(~ or landmark site. Major cFtange. Alteration to an historic landmark which may fail to preserve, en] or restore the exterior architectural features of the landmark by affecting the special chap or special historical, architectural or archaeological nature of the historic landmark which rise to the historic designation. Minor change. Alteration to a historic landmark which preserves, enhances or r the exterior architectural features of the landmark or site. A minor change does not ads affect the special character or special historical, architectural or archaeological nature historic landmark or site. Orovner. Any person or persons having such right to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permits and approvals frotn the City agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as / t ~_ `;~ ~, ~, -1 f to which such person seeks the authorization or approval of the Preservation Specialist or the City Council. ,n ~'' ~0 1 Preservation Specialist. The person under the supervision of the City Manager who /~j~~,~ t~ prepares presentations for City Council meetings at which historic designation applications are ~y~~c f~ 1~~ nll05i30'_7`,183JR9.1 3 - `b considered and serves as the initial recipient of historic landmark designation and development applications. Reasonable Return. The capacity, under reasonably efficient and prudent management, of earning a reasonable return on an investment. Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work which is not "of the period." Structcere. Any building, improvement, shelter or any other construction built for the shelter or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or party walls extended to or above the roof or without openings in separate walls. Wheat Riclge Historical Society. A Colorado non-profit corporation, recognized as tax-exempt pursuant to § 501(c)(3) of the Internal Revenue Code, or any of its successors, the general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate interest in such persons, events and places. Sec. 26-603. Benefits of Historic Landmark or Historic Tree Designation. (I) Historic landmarks may be eligible for grants for preservation, restoration or stabilization from the City, state or other granting organizations. ''~0 vJC ~ttJ`2. ~'~iv~~~"~ 7 now e f L n -~v~ ~, -l~`t (2) The City, in collaboration with the Wheat Ridge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners in applying for state or national historic designation. (3) City Council, in its sole discretion, may make available economic incentives to historic landmarks. The City Council is authorized to seerk and accept private or public grants which would enhance historic preservation. l+Ulh ~ v2 -}~ t? S (4) The City shall supply a plaque of appropriate size which states that a designated historic landmark is a Wheat Ridge Historic Landmark and protected under the provisions of this Article. (3ud 9 B~e.d ? '~ ~ d e S'S v~ (5) If appropriate, the City Cotiiicil may grant a community significance variancetc~~~'~ 6 ~ ~`~ z ~AHJl53Q?7V 83489.1 4 __ _ 0" F ~a Sec. 26-604. Process. for Designation of Historic Land rk, Tree. (1) Any individual structure, building or tree wi to the City is eligible for designation as an historic landmark or historic" tree. ~ 6"~ _ -- 1z-C.au~,~~- ~-- - (2) Inclusion of any property to thelNational RegisterSof Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this Article. x (3) An application for historic designation may be submitted by the property owner, by a d~y~ member of the Wheat Ridge Historical Society Board of Directors or by a member of City ~ ~ID ~t5 Council. The application shall be on a form as provided by the City Preservation Specialist , '~r~~~ and shall be submitted to the City Preservation Specialist who shall first refer the application ,:l to the Wheat Ridge Historical Society Board of Directors for review and recommendation. ~S Y`l~ S (4) In accordance with its own rules and by-laws, the Wheat Ridge Historical Society 'Qf'~bs~ Board of Directors shall review the application for historic designation and shall make a recommendation to City Council on whether the City Council should grant historic ~ Q„ designation. Failure of the Wheat Ridge Historical Society Board of Directors to provide a 3 recommendation within 30 days of the date that the applicatio~^sent to it for referral shall b~ deemed to be a recommendation for denial. ~ Q ~ rj~(~,U,+~. r`' QreSesY~a(:~i+cn olL ~~ ~ ~ P P t _ _ ~ _- (5) on receipt of a recorrunendation from the Historical Society Board of Directors, or "after the passage of 30 days from the da e application is sent to the Historical Society for - referral, '"~~„~~=i1 shall schedule a pudic hearing on such historic designation applications. ~~ Notice of the public hearing shall be sent to the Owner of the affected property via certified ~ '~ zrtaii and shall he published in a newspaper of general circulation at least fifteen (15) days ~~ . ;~k before the date of the public hearing. Such notice shall state the date, time and place of the ~ -(°~,(~' public hearing, state that an application has been filed for historic designation of the structure ~~+ ~ ~ Wor tree and describe the location of the landmark by street address, legal description, trap and/or other descriptive information sufficient to reasonably advise the public and/or any ~~D~ -= interested persons of the pendency of the application. Sec. 26-605. City Council Designation. (1) Following public hearing, City Council may designate by ordinance historic landmarks and historic trees in the City of Wheat Ridge to accomplish the purposes of this Article. In making such designations, City Council shall consider the recommendation of the Wheat Ridge Historical Society Board of Directors, the testimony and evidence presented at the public hearing and the following criteria: ~Hw~soa~~ixsaxe i 5 (a) No structure or building shall be granted historic designation unless City Council determines that the property owner will retain the ability to earn a Reasonable Return on the property which is the subject of the application; and . (b) City Council shall consider whether the structure or tree is of particular historical, architectural, cultural or archaeological significance which: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or 2. Is identified with historic persons or with important events in national, state or local history; or 3. Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous~B materials or craftsmanship; or . \hy y` x°' ~~ 4. Is representative of the notable work of a master builder, designer or ~ architect whose individual ability has been recognized; or f/_-~~ 5. Is recommended as an historic landmark by the Wheat Ridge Society Board of Directors; or 6. In the case of a tree, is of such an age as to have lived through times or events and is deemed by the City Forester to be safe, sound and viable. ~ (2) City Council may grant historic designation in the presence of one or more of criteria set forth in (1)(b)(1) through (1)(b)(6) above but need not find that a'tl°o~t oFi-se Grit ~- r~- y ~ u~~t ~ V ~ ~~ ~ are met. .,, .u U (3) If an application for historic designation is submitted by either a City Councilmember +/ or a member of the Wheat Ridge Historical Society Board of Directors and the property owner _ _ does not desire historic designation and so indicates by filing a written protest before the, • _v , scheduled public hearing, historic designation shall be granted only upon athree-fourths vo of the entire City Council. _ ~, ~~(' (4) It shall be unlawful to demolish, destroy or undertake any majore to a struct e or tree which is the subject of a pending historic designation applicatron un t such time as Ci ~ ~~ Council has determined whether such designation shall or shall not be granted. (5) The Planning Department and the Public Works Departmen shall maintain an ~~~ q, Inventory of all designated historic landmarks and trees and all structures and trees which are ' ~ MtIl~53o2711 8 3 4 8 9. ] 6 ~ ~ y ~ l l • G Q" `- ZJ ~ ~ ,~ ~ \ ~ ~ ~~c` ~` the subject of pending applications for historic designation. Upon receipt of ~ fo ` ation that a__ ,'+~~ tree may be destroyed or upon receipt of an application for either a per it or a request to - carry out any new construction, alteration, removal or demolition of a st cture on or in an ~~ historic landmark or on a structure which is the subject of a pending application for historic ~`` designation, or a zoning change or development plan change, the Plannin or Public Works ,~ Department shall forward such permit application, request or information to the Preservation Specialist within ten (10) working days. No permit shall be issued or request granted by said _ departments before a landmark alteration permit has been issued by either the Preservation -C~'"~%~ Specialist or City Council or until a determination has been made by City Council not to grant -~~~ ,Q. historic designation. ~ d~ Sec. 26-606. Community Significance Variances. ~1,I$~'~ `- 0 ~~ (1) In addition to historic designation, or at any time after granting historic designation, the - lQ City Council may, upon application therefor, grant commmnity significance variances to ~~y ~~ historic landmarks. woy" ~„ nll (2) When a community significance variance is sought after historic designation has already been granted, the notice and hearing requirements i'or granting such a variance shall be as set out in section 26-604(5) except that the notice shall state that ari application has been filed for a community significance variance. ~~' (3) The criterion for determining that a variance should be granted is that the variance is O~A~ -y~ necessary to preserve the historic character and/or significance of the affected structure. i~ (4) The variance shall remain in effect only until such time as the use which created the ~ , historic character of the landmark changes or ceases. Failure to maintain the subject of a variance in good repair and working order may cause a rescission of the variance. `x~' Sec. 26-607. Limitations on Development Affecting Historic Landmarks and Trees. (I) No person shall carry out or cause to be carried out on any historic landmark any construction, alteration, removal or de o t n, or make any changes that would impair the historic nature of the historic landmar tthout first obtaining a landmark alteration permit therefor in accordance with this Article. ~ -~`' (2) No person shall move, remove, destro or knowingly injure an historic tree without first obtaining a landmark alteration permit there (3) Nothing in this section shall be construed t revent any construction, alteration, removal, or demolition necessary to correct an unsafe o angerous condition of any tree or~ structure, or parts thereof where such condition is declared nsafe ~r ~t~~oPr~.,,~ r,_.~ttio r:.,(/ M(U\5302TI83J89.1 ~ ___ ~~~~~~~• 7 ~' y -, ~~ A- ~ - - i ~~ ~" [ 1 . ,,/,~r ~Z ~ ~ ~~ Building or Planning and Development Departments, the City Forester i e case of a tree, or fire department and where the proposed measures have been declared necessary by the City _ ~ ~~ Manager to correct the dangerous condition, as long as only such wor which is necessary to 3 • correct the condition is performed. Any temporary measures require ~under this section may ~°-' be taken without first obtaining a landmark alteration permit, bu[ a permit, is required for permanent alteration, removal or demolition of an historic landmark. ~ ~ 4 In the event that an historic tr e e ~~_ O e must b destroyed m accordance with this Article, the ~_- ~` City Forester shalI determane and document the age of the tree and provide such " documentation to the Preservation Specialist. ; (5) If the Ciry provides the applicant with a landmark alteration permit, the applicant must ~ apply for a building permit within six months of the date of the permit. ~ ~ i~j (6) If the City denies a landmark alteration permit, no person may submit a subsequenc ~~ application for the same construction, alteration, removal or demolition within one year fro~ ~' the date of the final action upon the earlier application. ~~^' Sec. 26-608. Initial Processing of Applications for Landmark Alteration Permits. ~ a R (1) Applications for a landmark alteration permit shall be submitted to the Preservation ~~~~( ~ Speciatist on a form as provided by the Preservation Specialist and shall contain such ~ information as required to assure full presentation of the facts necessary for proper ~. consideration of the permit. (2) Landmark alteration permit applications for minor changes shall be determined by the ~ Preservation Specialist in accordance with this Article. Landmark alteration permit applications for major changes shall be determined by Ciry Council in accordance with this ' Article. _ (3) The Preservation Specialist shall determine whether the landmark alteratio^ permit application requests a"major change" or a"minor change" to the historic landmark,~ ~ Sec. 26-609. Minor Change Landmark Alteration Permits ~~ __ ~ ~ (1) In determining whether to grant an application for a minor change landmark alteration ~;n ~~ ? permit, the.PreservaYion Specialist shall grant the permit if the requested alteration to a historic" ,~~}''~` ~r5' landmark would preserve; enhance or restore ihe exterior azchitectural features of the L ~`~ landmark or site. The proposed work shall not adversely affect the_special character or special ~~ historical, architectural or archaeological nature of the landmark or site. ,~ ~~ ~ _ ~ - ~ '""`_'~-i-- ~~ -_~t F' ,~-.~ , M117U3027VI83489.1 ~ $ / ~\ka+ - ~~~~ " Q . ~ ~`~ ~ ~ ~~ ` ~~ pq-`~ ~ ~~ ~~~ C~~ ~~ y~U (2) Any per on aggrieved by a etermination of the Preservation Specialist to grant or deny a minor change landmark alterati permit may appeal such determination to the City Council within ays of the da of the Preservation Specialist's determination by filing an appeal with the office of the Such appeal shall state the grounds for appeal. Within thirty five (35) days of the date the appeal is received in the office of the City Manager, the City Council shall set a date for a hearing on such appeal, which hearing shall be held no later than sixty days after the date the appeal is received in the office of the City Manager. The City Council shall have the power to overrule the Preservation Specialist's decision by a vote of a majority of the City Council. The determination of the City Council following the appeal hearing shall be issued within forty-five (45) days of the hearing and shall be a final determination for purposes of Rule 106, Colorado Rules of Civil Procedure. Sec. 26-610. Major Change Landmark Alteration Permits. 7 Ouch (1) The City Preservation Specialist shall schedule the permit application for a major l~ k, change on the next available agenda of the Wheat Ridge Historical Society Board of Directors. ~ ` ~( ~ / The Preservation Specialist shall notify the permit applicant of the date of the Historical ~ ~ , ~ ~ Society Board of Directors' meeting at which the application shall be considered via first class ~ \ ~`~ v mail at least fifreen (15) days before the date of the meeting. ~ ~~ .,tC (2) At the conclusion of the Historical Society Board of Directors' meeting at which the ~~~, '~~~Ir'~ Society considers an application for a landmark alteration permit to make a "major change," ~~tj ~ the Historical Society Board of ~trectors shall forward to City Council a recommendation it ~ either grant or deny such permitl~.-~~ a ~.ez-c}~ ~ -a ~) ~ydVtd~~ by Ct"~ '~,~,{tir'~^" (3) City Council shall schedule a hearing on such major change landmark alteration permit application. Notice of the hearing shall be as set forth in Section 26-604(5) except that the notice shall state that an application has been filed for a major change landma rk alteration _ permit. Such notice shall be sent [v the permit applicant via first class mil and shall be published as in Section 26-604(5) d ~C 1~ F " . z~ + ie 1T d ~SrµSS cam- r~ r~ (4) e City Council hearing on the major change landmark alteration permit application, City Council shall consider the recommendation of the Historical Societ ,the evidence or testimony resented at the hea i d h h h p r ng, an w et er t e proposed work will m erially and adversely affect the special character or special historical, architectural or archa logical nature of the historic landmark City Council shall make its determination to grant o deny the major change landmark alteration permit within sixty (60) days of the date of the aring and shall notify the applicant of it vote within fifreen (15) days of the date of the vot in writing, including the major change ndmark alteration permit if the Cit~C,ounc' -- 'to°gr t "~- such permit. --p--'°' , Niw~3azTissaa~. t z. _ ~x tai- ""~ ~,.~..__ d 1G. Sec. 26-G11. Maintenance of Historic Landmarks.~_",,_ All structures, architectural features, bui]dings, and improvements{whic~hVeonstit>irte a historic landmark or which are located on an historic landmark shall be maintained in good repair so as to prevent deterioration. Failure to maintain all historic structures, architectural features, buildings, and improvements in good repair shall constitute a violation of this Code. Sec. 26-612. Removal of Historic Designation. (I) An application for removal of historic designation may be submitted by the Owner of the property which holds such designation, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council as in Section 26-604(3). The application shall be processed in the same manner as in Section 26-604(3) through (5) and Section 26-605 except that [he criteria for removal of historic designation shall be that: (a) The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; (b) Additional information shows that the structure or property no longer mee_ is any of the criteria for historic designation contained in section 26-605. (2) Properties removed from the State Register or the National Register of Historic Places shall not be considered to have been automatically removed from the City's historic inventory without formal action of the City Council. (3) If either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors submits an application for removal of historic designation and the property Owner does not desire removal of historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be removed only upon a three-fourths vote of the entire City Council. Sec. 26-613. Recordation of Memorandum of Action. (I) Within fifteen (15) days of a City Council designation of an historic landmark or historic tree, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) Address and legal description of the real property affected by the historic landmazk designation which underlies the structure or tree which has been designated as historic; MfU~53027\183389) l~ (b) A statement that such real property is subject to Article VI, Chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic Iandmark and/or historic tree requirements. (2) Within fifteen (IS) days of the date that the City Council removes an historic designation, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) The information contained in subsection (1)(a) above; and (b) A statement that the Owner of such real property is no longer required to conform with the historic landmark and/or historic tree requirements of Chapter 26, Article VI of the Wheat Ridge Code of Laws. Sec. 26-614. Violations and Penalties. (1) Any person who is an Owner as defined in Section 26-602 or a manager of property subject to any provision of this Article shall be responsible for compliance with all provisions of this Article. Historic designation may be subject to a review for loss of designation as a result of a coriviction of the Owner for a violation of this Article. (2) Any person violating any provision of this Article shall be subject to a fine of nine hundred and ninety nine dollars ($999.00) or by imprisonment not exceeding one (I) year, or by both such fine and. imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. (3) The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Article. In case any building, structure or tree is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this Article, the City or any proper person may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. ct' Iauperse~cinr, Claucr, If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. ec '0 3. Safety lauce. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, MFI1L53Q27\183189.1 11 that it is promulgated for [he health, safety, and welfare of the 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 attained. Section 4. Effective Date_ This Ordinance shall take effect fifteen days after final publication, as provided by section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day, of ._ .a , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for _, 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. MHJ~530271I834y9.i 12 ,_ READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this da of , 1997. y _ SIGNED by the Mayor on this day of , 1997. DAN WILDE, MAYOR ATTEST: .- ~-.. WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GERALD E. DAHL, CITY ATTORNEY ~n,»~ssornls3as9., 13 -~- rn~ c;ry of 7500 WEST 29TH AVENUE (303) 234-5900 ~Whe at WHEAT RIDGE, CO 80215-6713 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge August 13, 1997 Wheat Ridge Historical Society c/o Claudia Worth 4650 Oak Street Wheat Ridge, Colorado 80033 Deaz Claudia: This letter is to inform you that Planning Commission will be reviewing the proposed historic landmark ordinance as Case No. ZOA-97-3 at a'public hearing on August 21, 1997. Please consider this letter an invitation to you and any other members who would like attend and speak. I have reviewed the most recent version as prepazed by the City Attorney's office and have suggested a few minor changes (nothing of substance) which I hope you will agree with. I don't have a copy of the amended ordinance but should have it by Friday for packet distribution. Feel free to give me a call if you would like to discuss this further. Regazds, Meredith Reckert Senior Planner cc: Case No. ZOA-97-3 fa REG~CIED PAPER The Cify of 7500 WEST 29TH AVENUE (303) 234-5900 ~Whe at WHEAT RIDGE, CO 80215-6713 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge August 14, 1997 TO: ,$LANNING COMMISSION FROM: r~' MEREDITH RECKERT RE: CASE NO. ZOA-97-3/HISTORIC LANDMARKS Please fmd attached a copy of a proposed ordinance relating to the designation and preservation '~ of historic landmarks and trees within the City of Wheat Ridge. This ordinance was prepared by the City Attorney's office in consultation with members of the Boazd of Directors of the Wheat Ridge Historical Society. In essence, the ordinance designates the position of preservation specialist (most likely a staff ~ person in the planning department) and establishes a process for the designation of buildings, structures and trees as landmarks of local historical significance. The ordinance than sets up a ~- procedure for the processing of applications for landmark alteration permits, both major and minor. In review of the ordinance, Staff has raised the following items for discussion with the Planning ~ Commission: i 1. There are references to historic landmazks being eligible for grants from the City, ~ however, Staff has no knowledge whether this is an item which has been accounted for in the 1998 budget. There will also need to be funds available for the purchase of designation plaques ~ for the historic landmazks approved by City Council. 2, The processes for landmark designation approval and major alteration permit requests are public heazings, however, the public notice process is not as complete as those for zoning or variance heazings. More specifically, although a hearing notice is published for 15 days, only the property owner is notified by certified letter. The adjacent property owners are not notified nor is a hearing sign posted on the property. Is it desirable to notify the neighborhood of these heazings other than by newspaper publication? 3. In the ordinance, it is fairly cleaz what constitutes a major versus minor change to structures, but what about trees? 4. It should be cleaz in the ordinance that development or changes which affect historical landmarks should be applied consistently. What will be the requirements for Public Works CJ RECYCLED PAPER street improvement projects? What about the installation of utilities? Should language be included encouraging alternate street designs to protect historic landmarks, especially trees? 5-. There is no agency referral requirement during either the designation or alteration permit processes. Staff colludes that this is not only a courtesy but should be a requirement to include review by other City departments and outside agencies especially where public health, safety and welfaze issues aze concerned. Please fmd attached a copy of comments received from the City Forester. Both the City Forester and a representative from the City Attorney's office will be present at the meeting to answer questions. MEMORANDUM TO: Meredith Reckert, Planner I / FROM: Bill Cassel, City Forester ~j/`' DATE: August 14, 1997 SUBJECT: Proposed Historic Preservation Ordinance As per your request, I have reviewed the proposed Historic Preservation Ordinance for comments concerning the sections concerning tree designation, protection and the role of the City Forester. I do appreciate that trees were included in this proposed ordinance, and that the position of City Forester was included in the review process. It is very important that trees be inspected for health and structural stability before any sound decision can be made. First I would like to comment on the discussion of the age of trees. Trees growing in our climate are not capable of attaining the age of those on the east and west coast. In my many years inspecting trees in Wheat Ridge, I have yet to see one which has reached one hundred years old. Our growing conditions, weak tree species and natural elements make it difficult. The closest I have personally witnessed was a Colorado Blue Spruce (not native to Wheat Ridge) which was twelve inches in diameter and thirty five feet tall and ninety-seven years old. In essence, big does not always mean old. There are a handful of trees who meet the criteria outlined in Sec. 26-605, (b), 6 outlining historic times and events. It must be noted that upon inspection by my office, if a tree is not safe, sound and viable, it may be covered under another city code requiring immediate removal. For the purpose of Sec. 26-605,.4, I believe that the term "major change to a structure of a tree" would not prevent a property owner to maintain the tree by pruning under accepted national standards. Again, this proposal of work could be reviewed by my office. It must be noted that this "major structure of a tree" includes roots as much the trunk and crown. I plan to attend the August 28, 1997 Planning Commission meeting to help answer any questions concerning this part of the proposed ordinance. Please feel free to contact my office if you have any questions. FROit :u'OR6UCH PIRG i3 L. ~. C. 303 293.0215 1997,0°-li 1U:67^ .5671 P.02/16 CITY OF WHEAT RIDGE, .COLORADO INT120DUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series of 2997 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THB CITY OF WHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS AND TREES WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado (the "Cary"), is a home rule municipality pursuant to Article XX of the Colorado Constitution with all the power of local self-government and home rule, including the authority to regulate the use and development of land within its limits; and WHEREAS, the City has undertaken regulation of use and development of property within its limits by enactment of ordinances regulating zoning and development within the City, one stated purpose of which is to protect the value of property and promote the welfaze of the residents of dte City; and WHEREAS, the City has identified a need to provide a process to evaluate and protect buildings, trees and structures deemed to have historical, architectural or archaeological signific..urce. BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section I. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, conceming Zoning and Development, is amended by the addition of a new Article VI, entitled "Historic Preservation," which Article shall read as foliow5 in its entirety: Articie VI. HISTORIC PRESERVATION Sec. 26-600. latent and Ptapose. (1) .Tlte purpose of this Article is to establish and preserve historic landmarks for the educational, cultural and economic benefit of Wheat Ridge citizens by: (a} Preserving, protecting, enhancing, and regulating the use of buildings and structures thaz are reminders of past eras, events and person(s) important in ]oval, state or FROM :GCRBUCN KIRG19 L. L.0. SOS 298 0215 ~ '-997.1±9-14 11~~871~.,N671 P. ~Sf 15 national history, which are landmarks in the history of azchitecture, which provide examples of the physical surroundings in which past generations Iived or which are archaeologically significant; and (b) Ensuring thaz the historic character is preserved in development and maintenance of such buildings and structures; (c) Stimulating educational, culrural and spiritual dimensions by fostering the knowledge of Wheat Midge's heritage and cultivating civic pride in the accomplishments of the past; and (d) Cooperating with state and federal hismrical preservation efforts. (2) It is not the intention of this Article to preserve every old building, structure or tree in the City, but rather m provide a process to evaluate and protect orily those buildings, structures and trees deemed to have historical significance. Sec. 26-601. Sttpplement to Zoning Provisions; Other Code Sections Unaffected. (1) The requirements of tlus Article are in addilion to alI other zoning provisions contained in this Chapter 26 and are not m be cotutrued so as m waive any other existing and applicable caning regulation, unless specifically excepted by City Council pursuanC to section 26-606, and shall apply to all zone districts in place at time of adoption of this Ordinance or hereafter. (2) Where a conflict exists between the provisions in this Article 'VI and other provisions of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code. Sec. 26-602. Definitions. (1) Pot the purposes of this Article, the following words and terms are defined as set forth herein: Community Significarue Variance. A variance from height, setback, square footage or any other code provisions determined by City Council as necessary to preserve the historic character and/or sigltlficance of an affected historic landmark. Develapmera application. Any permit, site plan, rezoning, variance application or administra[ive relief thaz would change the character or appearance of ptaperry and/or improvements thereon. n~:nlasaKV.1 Z _ _ _ - -- FRCM :GOP.9UCH kIRG!S L.L.C. Spa 293 p215. ?997, p9-1-1 1p:97 A671 P. paf15 national history, which are landmarks in the history of azchitecture, which provide examples of the physical surroundings in which past generations Iived or which are archaeologically significant; and (b) Ensuring that the historic character is preserved in development and maintenance of such buildings and structures; (c) Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of Wheat iZidge's heritage and cultivating civic pride in the accomplishmenu of the Past; and (d) C00Peranng with state and federal historical preservation efforts. (2} It is nat the intention of this Article to preserve every old building, structure or tree in the City, but rather to provide a process to evaluate and protect only those buildings, structures and trees deemed to have historical significance. Sec. 26-601. Supplement to Zoning provisions, Other Code Sections Unaffected. (1) The n;yuircments of this Article are in addition to alI other zoning provisions contained in This Chapter 26 and are not to be cottstrued so as to waive airy other existing and applicable caning regulation, unless specifically excepted by City Council pursuant to section 26-6p6, and shall apply to all cane districts in place at time of adoption of this Ordinance or hereafter. (2) Where a conflict exists between the provisions in this Article 'VI and other provisions of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code. Sec. 26-602. Definitions. (1) For the purposes of this Article, the following words and terms are defined as set forth herein: , Commratiry Significance Variance, A variance from height, setback, square footage or any other code provisions determined by City Council as necessary to preserve the historic character and/or significance of an affected historic landmark. Dtveloprneru application. Any permit, site plan, rezoning, variance application or administrative relief thaz would change the character or appearance of property and/or improvements thereon. DflUWprn113aN9.1 2 FROft :GORSUCN KIRGIS L.L.C. 30~ 293 0215 199',0°-1.3 1©:59.56^S P. 04i 15 • Exterior architectural feature. The architectural style, design, general arrangement and . components of all of the outer surfaces of an improvement as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not Iimited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Historic preservation. The protection, rehabilitation, restoration, renovation and reconstruction of buildings, sirucwres and objects significant in Wheaz Ridge history, azchiteciure, archaeology, engineering or culture. Historic landinark. Any structure or improvement designated as historic under the provisions of this Article. Historic Tree. Any tree designated as historic under the provisions of this Article. Inventory. A listing of buildings and stntctures within the City which refIet,•t an earlier rime or which contribute to the overall historic character or heritage of the City, including a list of historic landmarks and trees designated pursuant to this Article. LandmarlcAkerarian Permit. Any permit issued by the City pertaining to construction, alteration, removal or demolition of a building or feature within a designated historic landmark or landmark site. Major change. Altcradon to an historic landmark which may fail to preserve, enhance or restore the exterior art;hitecrural features of the landmazk by affcctirtg the special character or special historical, architectural or archaeological nature of the historic l.~ttdmark which gave Ilse to the historic designation. Minor change. Alteration to a historic landmark which preserves, enhances or restores the exterior architectural features of the landmark or site. A minor change does not adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark or site. ' Owner. Any person es-Ixrsons~ltaving~ ht to, title to or interest in any parcel of land or improvement so ~ to be 'legally entitled, upon obtaining the required permits and approvals from the Ciry agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorization or approval of the Preservation Specialist or the City Couticil. Preservation Specialist. The person under the supervision of the City Manager who prepares presentations for City Council meetings at which historic designation applications are D1tDlTi0z1\[83489.2 FROM :GORSUCN KIRGF$ L.L.C. __ 3pS 29S p21S - laS'l, ~+b-1-1 141: ab~ Abt1 r. ubf lb considered and serves as the initial recipient of historic landmark designation and development applications. Reasonable Return. The capacity, under reasonably efficient and prudent management, of earning a reasonable rctunt on an investnteiu_ Restoration. Putting a buiiding or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal Of work which is not `of the period. " Structure. Any buiiding, improvement, shelter or any other construction built for the shelter 'or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or parry walls extended to or above the mof or without openings in separate walls. Wheat Ridge Historical Society. A Colorado non-profit corporazion, recognized as taz-exempt pursuant to § 501(c)(3) of.the Internal Revenue Code, or arty of its successors, the general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate interest in such persons, events and places. Sec. 26-603. Benefits of Historic Landwark or Historic.Tree Designation. (1) Historic landmarks may be eligible for grants for preservation, restoration or stabilization from the City, state or other granting organizations. (Z) The City, in collaboration with the Wheat Midge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners in applying for state or national historic desigration. (3) City Council, in its sole discretion, may make available economic incentives to historic landmarks. The City Council is authorized'[o seek and accept private or public grants which would enhance historic preservazion. (4) ,The Ciry shall supply a plaque of appropria;e size which states that a designated historic landmark is a Wheat Ridge Historic Landmark and protected under the provisions of this Article. (5) If appropriate, the City Council may grant a community significance variance. aamsranue~es.~ 4 _ _ __ FROM :GCR9UCH l:IRGi$ L.L.C. __ - 3Dv 293 a':21$ --__ .... 199'.'. D9-14 St"1=59, ,8671 P.©6/15 Sec. 26-604. Process for Designation of Historic Landmark, Tree. (1j Any individual suucwrc, building or tree within the Ciry is eligible for designation as an historic landmark or historic tree. (Z) Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmazk is automatically designated a local historic landmark subject to the protections of this Article. (3) An application Tor historic designation may be submitted by the property owner, by a . member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council. T'he application shall be on a form as provided by the City Preservation Specialist and shall be submitted to the City Preservation Specialist who shall first refer the application to the Wheat Ridge Historical Society Boazd of Directors for review and recommendation. ~ (4) In accordance with iu own rules and by-laws, the Wheat Ridge Historical Society Boazd of Directors shall review the application for historic designation and shall make a recommendation to City Council on whether the City Counei] should grant historic designation. Failure of the Wheat lodge Historical Society Board of Directors to provide a recommendation within 30 days of the date that the application is sent to it for referral shall be deemed o be a recommendation for denial. ~ ~~~ (5) Upon receipt of a recommendation from the Historical Society Board of Directors, or after the passage of 30 days from the date an application is sent to the Historical Society for referral, the Preservation Specialist shall schedule a City Council public hearing on such historic designation applications- Notice of the public hearing shall be sent to the Owner of the affected property via certified mai jand shall be published in a new~~er f circulation at leas[ fifteen (15),days before the date of the public hearing:' Sue nouce~p tta 1 state the date, time and place of the public hearing, state that an application has been filed for historic designation of the structure or tree and describe the location of the landmark by street address, legal description, map andlor other descriptive information sufffcienf to asonably ~ advise a public and/or y mte sled persons of the pendenc of the ap lication. ~~'f'L~ '~'~~ etiv-~.~~~v_e. .arm ><a y ~s,~w~~• c~i~.~ . 1 c. z6.6o5. tp owncil~o~ ~ v~~n~ tfo ~ ~,uor+~ /~ (1) Following public hearing, City Council may designate by ordinance historic landmarks °~ ' and historic trees in the City of Wheat Ridge to accomplish the purposes of this Article- In malting such designations, City Council shall consider the recommendation of the Wheat Ridge Historical Society Board of Directors, the testimony and evidence presented at the public into hearing and the following criteria: ~ ,,, _ _ „ ,,.t,.oo uuw3omra~s9.r FROrt :GORBUCH KI RG?6-L.L.C. 30.5 298 4Y216 1997:D8-14 iG3:59_.#671 P.lj7,'16 (a) No strucrure'or building shall be granted historic designation unless City Council determines that the property owner will retain the ability to eam a Reasonable Rerum on the property which is the subject of the application; and (b) City Council shall consider whether the structure or tree is of particular historical, architectural, cultural or archaeological significance which: 1: Exemplifies or reflecu the broad cultural, political, economic or social history of the nation, stare or community; or 2. Is identified with historic persons or with important events in national, staze or local history; or 3. Embodies distinguishing Characteristics of an azchitectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or 4. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized; or S. Is recommended as an historic landmark by the Wheat Ridge Historical Society Boazd of Directors; or 6. In the cast of a tree, is of such an age as to have lived through historic times or events and is deemed by the City Forester to be safe, sound and viable. (2) City Council may grant historic designation in the presence of one or mare of the Criteria set forth in (I)(b)(I) through (1){b)(~ above, but need not find that all of those criteria are met. (3) If an application for historic designation is submitted by either a City Councilmember or a member of the Wheat Ridge Historical society Board of Directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be granted only upon athree-fourths vote of the entire City Council. (4) It shall be urilawful to demolish, destroy or undertake arty major change to a structure or tree which is the subject of a pending historic designation application until such time as City Council has detemtined whether such designation shall or shall not be granted. (5} The Planning Department and the Public Works Department shall maintain an Inventory of all designated historic landmarks and all structures which are the subject of r~soaussuv.c 6 FROI`1 :GCRSUCH KIRGIS L. L. C. J©3 298 0215 -- - i99.. DB-1-i S1:Ot7 86?1 P. ©Si 15 pending applications for historic designation. The City Forester shall maintain an Inventory of all designated historic trees and all trees which are the subject of pending applications for historic designation Upon receipt of information that a tree may be destroyed or upon receipt of an application for either a permit or a request to carry out any new construction, alteration, removal or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic designation, or a caning change or development plan change, the Planning or pubic Works Department or the City Forester shall forward such pemit application, request or information to the Preservation Specialist within ten (10) working days. No permit shall be issued or request granted by said departments before a landmark alteration permit has been issued by either the Preservation Specialist or City Council or until a determination has been made by City Council not to grant historic designation. Sec• 26'606• Community Significance Variances, (I) In addition to historic designation, or at any time after granting historic designation, the City Council may, upon application. therefor, grant Community significance variances to historic landmarks. (Z) When a community significance variance is sought after historic designation has already been granted, the notice and hearing requirements for granting such a variance shall be as set out in section 26-604(5) except thaz the notice shall state that an application has been filed for a cotnlnunity significance variance. (3} The criterion for dererirtining that a variance should be granted is that the variance is necessary to preserve the historic character and/or significance of the affected structure. (4) -The variance shall remain in. effect only until such time as the use which created the historic character of the landmark changes or ceases. Failure to maintain the subject of a variance in good repair and working order may Cause a rescission of the variance, Sec. 26-607, 1("imitations on Development <AFfecting Historic Landmarks and TY~ees. (1) No person shall carry out or cause to be carried out on any'' historic landmark any constntction, alteration, removal or demolition, or make arty changes that would impair the historic naulre of the historic landmark without first obtaining a landmark alteration permit therefor in accordance wifllthis Article. (2) No person shall move, remove, destroy or knowingly injure an historic tree without first obtaining a landmark alteration pemtit therefor. IAriL53ppy1E}ti9.1 ,, PROM :GORSUCH-L:IRG [S L. L.C G03 299 0215 1997,D9-i4 -11:0©~,F671 P..O9ilS (3) Nothing in this section shall be construed to prevent arty constmction, alteration, removal, or demolition necessary to correct an unsafe or dangerous condition of any tree or structure, or parts thereof where such condition is declared unsafe or dangerous by the City Building or Planning and Development Depamnents, the City Forester in the case of a tree, or fire department afrd where the proposed measures have been declared necessary by the City Manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed. Any temporary measures required by the City under this section may be taken without first obtaining a landmark alteration permit, but a permit is required for permanent alteration, removal or demolition of an historic Iandmark. (4) In the event that an historic tree must be destroyed in accordance with this Article, the City Forester .shall determine. and document a 'a a of the tree and provide such documentation to the Preservation Specialist.f~-(o ~5~p t-i•ZfQ ~~~~./yt , (5) If the City provides the applicant with a landmark alteration permit, (the applicant must apply for a building permit within six months of the date of the permit. (6) If the City denies a landmark alteration permit, no person may submit a subsequent application for the same construction, alteration, removal or demolition within one yeaz from the date of the final action upon the eazlier application. Sec. 26-6(18• Initial Processing of Applications for Landmark Alteration Permits. (I) Applications for a landmark alteration permit shall be submitted to dte Preservation Specialist on a form as provided by the Preservation Specialist and shall contain such inT'ormation as required to assure full presentation of the facts necessary for proper consideration of the permit. (2) Landmark alteration permit applications for minor changec shall be determined by the Preservation Specialist in accordance with this Article. Landmazk alteration permit applications for major changes shall be determined by City Council in accordance with this Article. (3) The Preservation Specialist shall determine whether the Iandmazk alteration permit application requests a "major change" or a "minor change° to the historic landmark. Sec. 26-G09. Minor Change Landmark Alteration Permits (I) In determining whether to grant an application for a minor change landmark alteration pemtit, the Preservation Specialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural ,features of the landmark Auw3~nras~tv.r $ FRG.1 :GCRSOCH KIRGiS L.L.C. _ a03 293 ©215 - -. 1997. D3'14 11:031 ,,.,,AS71 P. 10:'15 or site. The proposed wdrk shall not adversely affect the special character or special historical, azchitecturai or archaeological nature of the landmark or site. (2) Any person aggrieved by a determination of the Preservation Specialist to grant or deny a minor change landmark alteration permit may appeal such determination to the Ciry Council within ten (10) working days of the date of the Preservation Specialist's detemtination by filing an appeal with the office of the City Clerk. Such appeal shall state the grounds for appeal. Within thirty five (35) days of the date the appeal is received in the office of the City Manager, the City Council shall set a dart for a hearing on such appeal, which hearing shall be held no later than sixty days after the date the appeal is received in the office of the City ' Manager. The City Council shall have the power to overrule the Preservazion Specialist's decision by a vote of a majority of the Ciry Council. The deternination of the City Council following the ~pgeal )teazing. sj3all be 'issued within forty-five (45) days of the hearing and shall be a final deiemiination for purposes of Rule 106, Colorado Rules of Civil Procedure. ~ Sec. 25-620. Major CLange Landmark Alteration Yeruuts. (1) The City Preservazion Specialist shall schedule the permit applicaaun for a major change on the next available agenda of the Wheat Ridge Historical Society Board of Directors. 1'hc Preservation Specialist shall notify the permit applicant of the date of the Historical Society Board of Directors' meeting az which the application shall be considered via first class mail az least fifteen (15) days before the date of the meeting- {2) At the conclusion of the Historical Society Board of Directors' meeting az which the Society considers an application for a landmark alteration permit to make a "major change," the Historical Society Board of Directors shall forward to-City Council a recommendation it either grant or deny such permit. (3) City Council shall schedule a hearing on such major change landmark alteration permit application. Notice of the hearing shall be as set forth in Section 26-604(5) except that the notice shall state that an application has been filed far a major change landmark alterazion pemtit. Such notice shall be sent to the pemtit applicant via first class mail and shall be published as in Section 26-604(5}. (4) During the City Council hearing on the major change landmark alteration permit applicazion, Gty Council shall consider rho recommendation of the Historical Society, the evidence or testimony presented at the heazing, and whether the proposed work will materially and adversely affect the special character or special historical, architectural or archaeological nature of the historic landmazk. City Council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing and shall notify the applicant of its vote within fifteen (l.~ days of the date of the vote in writing, anmtM~nrssus.r 003 293 0215 199%, H33-1+ FRG'1 :GORSUCI-i KIR.GIS L.L•C• Sec. 25-611. Maintenance of $istoric Landmarks and Trees. 11:Y71_~~9T1 P.1219 Ali structures, azchirectural feature"s, buildings, improvements and three which are designated historic pursuant to this Article shall be maintained in good repair so as to prevent deterioration. Failure to maintain all historic structures, architectural features, buildings, and improvements in good repair shall constitute a violation of this Code. Sec. 26fi12. Removal of Historic Designatian. (1) An application for.removai of historic designation may be submitted by the Owner of the property which holds such designation, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council as in Section 26-604(3). The application. shall be processed in Utc same manner as in Secton 26-G04(3) through (5) and Section 26-605 except that the criteria for removal of historic designarion shall be that: (a) ,The propeny has ceased to tneet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; (b) Additional information shows that the structure or property no longer meeu any of the criteria for historic designation contained in section 26-605. (2) Properties removed from the State Register or the National Register of Historic Places shall not be considered to have been automatically removed from the City's historic inventory without formal action of the City Council. (3) If either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors submiu an application for removal of historic designation and the property Owner does not desire removal of historic designation and so indicates by tiling a written protest before the scheduled public hearing, historic designation shall be removed only upon a three-fourths vote of the entire Ciry Council_ Sec_ 26-613. Recordation of Memorandum of Action. (1) Within fifteen (15) days of a City Council designation of an historic landmark or historic tree, the City shall cause io be recorded with the 7efferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) Address and legal description of the real property affected by the historic landmark designation which underlies the structure or tree which has been designated as historic; suo+s~ozr„ubs.i I I _ __ _ _ FFOn :GORSUGH ttIRG IS L.L.C. - - 3©~ 29g ©215: - 1997.03 14 11:02.-. N671 P. 13!15 (b) A statement that such real property is subject to Article VI, Chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic landmark and/or historic .tree requiremenu. (2) Within fifteen (15) days of the date that the City Council removes an historic designation, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) The information contained in subsection (1)(a) above; and (b) A statement that the Owner of such real property is no longer required to conform with the historic landmark and/or historic tree requirernenu of Chapter 26, Anicle VI of the Wheat Ridge Code of Laws. Sec. 26-614. Violations and Penalties. (1) Any person who is an Owner.as defined in Section 26-602 or a manager of property subject to any provision of this Article shall be responsible for compliance with all provisions of this Article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the Owner for a violation of this Article. (2) Any person violating any provision of this Article shall be subject to a fine of nine hundred and ninety nine doIlazs ($499.00) or by imprisonment not exceeding one (i) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. (3) The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Article. In case any building, structure or tree is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this Article, the City or any proper person may institute an appropriate action or proceeding to prevent any tuilawful erection, construction, reconstruction, exterior alteration, addition of demolition. Section 2. Supersession Clause.. df any provision, requirement or standazd established by this Ordinance is found to conflict with similar provisions, requiremcnu or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the daze of adoption of this Ordinance, the pmvisions, requirements and standazds herein shall supersede and prevail. Section 3. Safe Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, M,011ii1lT\1W19.1 12 FROM :GORSUCH KIftGIS L.L.C. vDv 298-©215 ~- .. ~ _1997>08-1-i - 11-off= Rb71 P.1-f. 15 that it is promulgated for the health, safety, and welfaze of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfaze. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date_ This Ordinance sha]! take effect fifteen days after final publication, as provided by section 5.11 of the Charier. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for _, 1997, at 7;00 o'clock p.m., in the Counci! Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. t~ams3omiasao.~ 13 FROM :GJRSUCH KIF,GIS L.L.C. 303 29S 0215 1997,08-1-i -11: J3~ 6671 P. 15i 15 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to `, this =_ day of -~_, 1997. SIGNED by the Mayor on this `day of I997. I - ATTEST: DAN WILDS, MAYOR I WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date; c !minsws~uwabs.i 14 GOR.SUC~I KIRGIS L.L.c. ATTORNEYS AT LAW SUITE 1100 1401 $EVENTEENTx STREET DENVER, COLORADO $0202 August 22, 1997 Meredith Reckert Planning and Zoning City of Wheat Ridge 7500 W. 29t" Avenue Wheat Ridge, CO 80275 Dear Meredith: TELEexoNE (303) 299-8900 Fnx (303) 298-0215 MAUREEN HERR 7URAN DIRECT DIAL: 303-299-8966 MAILING ADDRESS P.O. Box 17180 DENVER, COLORADO 80217-OI$O It was nice to meet you last night. Enclosed is the revised Historic Preservation Ordinance which incorporates all the changes recommended by the Planning Commission in its Motion and Recommendation for Approval. Please review and let me know if I've properly reflected the Commission's concerns. Once we've finalized this draft, we can schedule the ordinance for first reading before City Council. After your review please call me at the above number. Sincerely yours, GORSUCH KIRGIS L.Q.C. ~~~ 'L~t,~-~~ Maureen Herr Juran MHJ:cw Enclosure MHJ\5302)\25923].07 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS AND TREES WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a home rule municipality pursuant to Article XX of the Colorado Constitution with all the power of local self-government and home rule, including the authority to regulate the use and development of land within its limits; and WHEREAS, the City has undertaken regulation of use and development of property within its limits by enactment of ordinances regulating zoning and development within the City, one stated purpose of which is to protect the value of property and promote the welfare of the residents of the City; and WHEREAS, the City has identified a need to provide a process to evaluate and protect buildings, trees and structures deemed to have historical, architectural or archaeological significance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Sect'o Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Zoning and Development, is amended by the addition of a new Article VI, entitled "Historic Preservation," which Article shall read as follows in its entirety: Article VI. HISTORIC PRESERVATION Sec. 26-600. Intent and Purpose. (1) The purpose of this Article is to establish and preserve historic landmazks for the educational, cultural and economic benefit of Wheat Ridge citizens by: (a) Preserving, protecting, enhancing, and regulating the use of buildings and structures that are reminders of past eras, events and person(s) important in local, state or national history, which are landmarks in the history of architecture, which provide examples of the physical surroundings in which past generations lived or which are archaeologically significant; and (b) Ensuring that the historic character is preserved in development and maintenance of such buildings and structures; (c) Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of Wheat Ridge's heritage and cultivating civic pride in the accomplishments of the past; and (d) Cooperating with state and federal historical preservation efforts. (2) It is not the intention of this Article to preserve every old building, structure or tree in the City, but rather to provide a process to evaluate and protect only those buildings, structures and trees deemed to have historical significance. Sec. 2G-601. Supplement to Zoning Provisions; Other Code Sections Unaffected. (I) The requirements of this Article are in addition to all other zoning provisions contained in this Chapter 26 and are not to be construed so as to waive any other existing and applicable zoning regulation, unless specifically excepted by City Council pursuant to section 26-606, and shall apply to all zone districts in place at time of adoption of this Ordinance or hereafter. (2) Where a conflict exists between the provisions in this Article VI and other provisions of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code. Sec. 2G-G02. Definitions. (1) For the purposes of this Article, the Following words and terms are defined as set forth herein: Community Significance Variance. A variance from height, setback, square footage or any other code provisions determined by City Council as necessary to preserve the historic character and/or significance of an affected historic landmark. Development application. Any permit, site plan, rezoning, variance application or administrative relief that would change the character or appearance of property and/or improvements thereon. MH1153027\]83489.1 2 Exterior architectural feature. The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Historic preservation. The protection, rehabilitation, restoration, renovation and reconstruction of buildings, structures and objects significant in Wheat Ridge history, architecture, archaeology, engineering or culture. Historic Landmark. Any structure or improvement designated as historic under the provisions of this Article. Historic Tree. Any tree designated as historic under the provisions of this Article. Inventory. A listing of buildings and structures within the City which reflect an earlier time or which contribute to the overall historic character or heritage of the City, including a list of historic landmarks and trees designated pursuant to this Article. Landmark Alteration Permit. Any permit issued by the City pertaining to construction, alteration, removal or demolition of a building or feature within a designated historic landmark or landmark site. Major change. Alteration to an historic landmark which may fail to preserve, enhance or restore the exterior architectural features of the landmark by affecting the special character or special historical, architectural or'archaeological nature of the historic landmark which gave rise to the historic designation. Minor change. Alteration to a historic landmark whiclr preserves, enhances or restores the exterior architectural features of the landmark or site. A minor change does not adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark or site. Owner. Any person, e~ persons OR ENTITIES having such right to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permits and approvals from the City agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorization or approval of the Preservation Specialist or the City Council. Preservation Specialist. The person under the supervision of the City Manager who prepares presentations for City Council meetings of which historic designation applications are MH1~53027\183489.1 3 considered and serves as the initial recipient of historic landmark designation and development applications. Reasonable Return. The capacity, under reasonably efficient and prudent management, of earning a reasonable return on an investment. Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work which is not "of the period." Structatre. Any building, improvement, shelter or any other construction built foi the shelter or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or party walls extended to or above the roof or without openings in separate walls. Wheat Ridge Historical Society. A Colorado non-profit corporation, recognized as tax-exempt pursuant to § 501(c)(3) of the Internal Revenue Code, or any of'its successors, the general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate interest in such persons, events and places. Sec. 26-603. Benefits of Historic Landmark or Historic Tree Designation. (1) Historic landmarks may be eligible for grants for preservation, restoration or stabilization from the City, state or other granting organizations. (2) The City, in collaboration with the Wheat Ridge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners in applying for state or national historic designation. (3) City Council, in its sole discretion, may make available economic incentives to historic landmarks. The City Council is authorized to seek and accept private or public grants which would enhance historic preservation. (4) The City shall supply a plaque of appropriate size which states that a designated historic landmark is a Wheat Ridge Historic Landmark and protected under the provisions of this Article. (5) If appropriate, the City Council may grant a community significance variance. - MH7~5302T 163469.1 4 Sec. 26-604. Process for Designation of Historic Landmark, Tree. (1) Any individual structure, building or tree within the City is eligible for designation as an historic landmark or historic tree. (2) Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this Article. (3) An application for historic designation may be submitted by the property owner, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council. The application shall be on a form as provided by the City Preservation Specialist and shall be submitted to the City Preservation Specialist who shall first refer the application to the Wheat Ridge Historical Society Board of Directors for review and recommendation. IF THE APPLICATION IS MADE BY ANYONE OTHER THAN THE PROPERTY OWNER, ' THE CITY PRESERVATION SPECIALIST SHALL PROMPTLY SEND THE OWNER A COPY OF THE APPLICATION VIA CERTIFIED MAIL. THE PROPERTY OWNER MAY FILE A WRITTEN OBJECTION TO THE APPLICATION WITH THE PRESERVATION SPECIALIST WITHIN 30 DAYS AFTER THE DATE THE PRESERVATION SPECIALIST MAILS THE OWNER A COPY OF THE APPLICATION. (4) In accordance wit(t its own rules and by-laws, the Wheat Ridge Historical Society Board of Directors shall review the application for historic designation and shall make a recommendation to City Council on whether the City Council should grant historic designation. Failure of the Wheat Ridge Historical Society Board of Directors to provide a recommendation within 30 days of the date that the application is sent to it for referral shall be deemed to be a recommendation for denial. (5) Upon receipt of a reconmrendation from the Historical Society Board of Directors, or after the passage of 30 days from the date an application is sent to the Historical Society for referral, the Preservation Specialist shall schedule a City Council public hearing on such historic designation applications. Notice of the public hearing shall be sent to the Owner of the affected property via certified mail a~ shall be published in a newspaper of general circulation AND SHALL BE POSTED ON THE PROPERTY BY A SIGN WHICH CONFORMS WITH THE REQUIREMENTS OF § 26-6(F)(3) at least fifteen (IS) days before the date of the public heazing. Such notice shall state the date, time and place of the public hearing, state that an application has been filed for historic designation of the structure or tree and describe the location of the landmark by street address, legal description, map and/or other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application. IF THE PROPERTY OWNER FILES A WRITTEN OBJECTION TO THE APPLICATION, CITY COUNCIL SHALL HOLD SAID HEARING WITHIN 45 DAYS OF THE DATE OF RECEIPT OF THE RECOMMENDATION OF THE MHJ1530271I83489.1 5 HISTORICAL SOCIETY BOARD OF DIRECTORS OR WITHIN 45 DAYS AFTER THE PASSAGE OF 30 DAYS FROM THE DATE THE APPLICATION IS SENT TO HISTORICAL SOCIETY FOR REFERRAL. Sec. 26-GOS. City Council Designation. (I) Following public hearing, City Council may designate by ordinance historic landmarks and historic trees in the City of Wheat Ridge to accomplish the purposes of this Article. In making such designations, City Council shall consider the recommendation of the Wheat Ridge Historical Society Board of Directors, the testimony and evidence presented at the public hearing and the following criteria: (a) No structure or building shall be granted historic designation unless City Council determines that the property owner will retain the ability to earn a Reasonable Return on the property which is the subject of the application; and (b) City Council shall consider whether the structure or tree is of particular historical, architectural, cultural or archaeological significance which: I. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or 2. Is identified with historic persons or with important events in national, state or local history; or 3. Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or 4. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized; or 5. Is recommended as an historic landmark by the Wlreat Ridge Historical Society Board of Directors; or 6. In the case of a tree, is of such an age as to have lived through historic times or events and is deemed by the City Forester to be safe, sound and viable. (2) City Council may grant historic designation in the presence of one or more of the criteria set forth in (1)(b)(I) through (1)(b)(6) above, but need not find that all of those criteria are met. MIO153027\f634S9.1 6 (3) If an application for historic designation is submitted by either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be granted only upon athree-fourths vote of the entire City Council. (4) It shall be unlawful to demolish, destroy or undertake any major change to a structure or tree which is the subject of a pending historic designation application until such time as City Council has determined whether such designation shall or shall not be granted. (5) The Planning Department and the Publie Works Department shall maintain an Inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. The City Forester shall maintain an Inventory of all designated historic trees and all trees which are the subject of pending applications for historic designation Upon receipt of information that a tree may be destroyed or upon receipt of an application for either a permit or a request to carry out any new construction, alteration, removal or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic designation, or a zoning change or development plan change, the Planning or Public Works Department or the City Forester shall forward such permit application, request or information to the Preservation Specialist within ten (10) working days. No permit shall be issued or request granted by said departments before a landmark alteration permit has been issued by either the Preservation Specialist or City Council or until a determination has been made by City Council not to grant historic designation. Sec. 26-GOG. Community Significance Variances. (1) In addition to historic designation, or at any time after granting historic designation, the City Council may, upon application therefor, grant community significance variances to historic landmarks. (2) When a community significance variance is sought after historic designation liar already been granted, the notice and hearing requirements for granting such a variance shall be as set out in section 26-604(5) except that the notice shall state that an application has been filed for a community significance variance. (3) The criterion for determining that a variance should be granted is that the variance is necessary to preserve the historic character and/or significance of the affected structure. (4) The variance shall remain in effect only until such time as [he use which created the historic character of the landmark changes or ceases. Failure to maintain the subject of a variance in good repair and working order may cause a rescission of the variance. MHJ~530271183389.1 7 Sec. 26-607. Limitations on Development Affecting Historic Landmarks and Trees. (1) No person shall carry out or cause to be carried out on any historic landmark any construction, alteration, removal or demolition, or make any changes that would impair the historic nature of the historic landtark without first obtaining a landmark alteration permit therefor in accordance with this Article. (2) No person shall move, remove, destroy or knowingly injure an historic tree without first obtaining a landmark alteration permit therefor. (3) Nothing in this section shall be construed to prevent any construction, alteration, removal, or demolition necessary to correct an unsafe or dangerous condition of any tree or structure, or parts thereof where such condition is declared unsafe or dangerous by the City Building or Planning and Development Departments, the City Forester in the case of a tree, or fire department and where the proposed measures have been declared necessary by the City Manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed. Any temporary measures required by the City under this section may be taken without first obtaining a landmark alteration permit, but a pertnit is required for permanent alteration, removal or demolition of an historic landmark. (4) In the event that an historic tree must be destroyed in accordance with this Article, the City Forester shall determine and document the age of the tree and provide such documentation to the Preservation Specialist AND THE WHEAT RIDGE HISTORICAL SOCIETY. (5) If the City provides the applicant with a landmark alteration permit, the applicant must apply for a building permit within six months of the date of the permit. (6) If the City denies a landmark alteration permit, no person may submit a subsequent application for the same construction, alteration, removal or demolition within one year from the date of the final action upon the earlier application. Sec. 26-608. Initial Processing of Applications for Landmark Alteration Permits. (1) Applications for a landmark alteration permit shall be submitted to the Preservation Specialist on a form as provided by the Preservation Specialist and shall contain -such information as required to assure-full presentation of the facts necessary for proper consideration of the permit. (2) Landmark alteration permit applications for minor changes shall be determined by the Preservation Specialist in accordance with this Article. Landmark alteration permit MHf153D27V183489.1 8 applications for major changes shall be determined by City Council in accordance with this Article. (3) The Preservation Specialist shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Sec. 26-G09. Minor Change Landmark Alteration Permits (1) In determining whether to grant an application for a minor change landmark alteration permit, the Preservation Specialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site. The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site. (2) Any person aggrieved by a determination of the Preservation Specialist to grant or deny a minor change Iandmark alteration permit may appeal such determination to the City Council within ten (10) working days of the date of the Preservation Specialist's determination by filing an appeal with the office of the City Clerk. Such appeal shall state the grounds for appeal. Within thirty five (35) days of the date the appeal is received in the office of the City Manager, the City Council shall set a date for a hearing on such appeal, which hearing shall be held no later than sixty days after the date the appeal is received in the office of the .City Manager. The City Council shall have the power to overrule the Preservation Specialist's decision by a vote of a majority of the City Council. The determination of the City Council following the appeal hearing shall be issued within forty-five (45) days of the hearing and shall be a final determination For purposes of Rule 106, Colorado Rules of Civil Procedure. Sec. 26-610. Major Change Landmark Alteration Permits. (I) The City Preservation Specialist shall schedule the permit application for a major change on the next available agenda of the Wheat Ridge Historical Society Board of Directors. The Preservation Specialist shall notify the permit applicant of the date of the Historical Society Board of Directors' meeting at which the application shall be considered via first class mail at least fifteen (IS) days before the date of the meeting. (2) At the conclusion of the Historical Society Board of Directors' meeting at which the Society considers an application for a landmark alteration permit to make a "major change," the Historical Society Board of Directors shall forward to City Council a recommendation it either grant or deny such permit. (3) City Council shall schedule a hearing on such major change landmark alteration permit application. Notice of the hearing shall be as set forth in Section 26-604(5) except that the notice shall state that an application has been filed for a major change landmark alteration MHJ~530271183489. I 9 permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in Section 26-604(5). (4) During the City Council hearing on the major change landmark alteration permit application, City Council shall consider the recommendation of the Historical Society, the evidence or testimony presented at the hearing, and whether the proposed work will materially and adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark. City Council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing and shall notify the applicant of its vote within fifteen (15) days of the date of the vote in writing, including the major change landmark alteration permit if the City Council has voted to grant such permit. Sec. 26-611. Maintenance of Historic Landmarks and Trees. All structures; architectural features, buildings, improvements and trees which are designated historic pursuant to this Article shall be maintained in good repair so as to prevent deterioration. Failure to maintain all historic structures, architectural features, buildings, and improvements in good repair shall constitute a violation of this Code. Sec. 26-G12. Removal of Historic Designation. (1) An application for removal of historic designation may be submitted by the Owner of the property which holds such designation, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council as in Section 26-604(3). The application shall be processed in the same manner as in Section 26-604(3) through (5) and Section 26-605 -- except that the criteria for removal of historic designation shall be that: (a) The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; (b) Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26-605. (2) Properties removed from the State Register or the National Register of Historic Places shall not be considered to have been automatically removed from the City's historic inventory without formal action of the City Council. (3) If either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors submits an application for removal of historic designation and the property Owner does not desire removal of historic designation and so indicates by filing a written MHJ153027\I83489.1 10 protest before the scheduled public hearing, historic designation shall be removed only upon a three-fourths vote of the entire City Council. Sec. 26-613. Recordation of Memorandum of Action. (1) Within fifteen (IS) days of a -City Council designation of an historic landmark or historic tree, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) Address and legal description of the real property affected by the historic landmark designation which underlies the structure or tree which has been designated as historic; (b) A statement that such real property is subject to Article VI, Chapter 26 of the Wheat ~ Ridge Code of Laws pertaining to the historic landmark and/or historic tree requirements. (2) Within fifteen (15) days of the date that the City Council removes an historic designation, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) The information contained in subsection (1)(a) above; and (b) A statement that the Owner of such real property is no longer required to conform with the historic landmark and/or historic tree requirements of Chapter 26, Article VI of the Wheat Ridge Code of Laws. Sec. 26-614. Violations and Penalties. (1) Any person who is an Owner as defined in Section 26-602 or a manager of property subject to any provision of this Article shall be responsible for compliance with all provisions of this Article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the Owner for a violation of this Article. (2) Any person violating any provision of this Article shall be subject to a fine of nine hundred and ninety nine dollars ($999.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. (3) The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the MH%3027\IR3489.1 1 1 provisions of this Article. In case any building, structure or tree is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this Article, the City or any proper person may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 2. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, reyuirements and standards herein shall supersede and prevail. Section Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the 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 attained. Section 4. Effective Date. This Ordinance ..shall take effect fifteen days after Hnal publication, as provided by section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of , 1997,_ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1997, at 7:00 o'clock p.m.; in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. MFIJ153027V 83U89. t 12 ,~ READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to _, this _day of_ _ , 1997 _,_ _ _ SIGNED by the Mayor on this day of , 1997. ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY MH]\53027\183489.1 ~ 13 Planning Cormission Minutes August 21, 1997 1. All maximum requirements of the zoning code have been met., 2. All requirements for a PID final development plan have bee n met 3. The applicant has limited objectional uses from the C-1, C-2 and I zones by the use of performance standards. With the following conditions: 1. If the variance is approved, the plan be revised accordingly., 2. No other freestanding signs be allowed on the property. Motion carried 6-1 with Thompson voting no. A motion was made by Commission CERVENY, seconded by RASPLICKA for approval of five foot sign setback variance for property located at 9500 West 49th Avenue, for the following reasons: 1. Approval of the reduced request would not prove to be a hazard to the public health, safety and welfare., 2. It would not have a negative impact on property values or the public welfare., 3. The proposed location is more aesthetically pleasing than other locations meeting setbacks., 4. There are similar signs in the area with same setbacks and size. With the following conditions: I. A building permit be applied for and issued prior to the existing sign being completed., 2. No other freestanding signs be allowed on the property. Motion carried 7-0. D. Case NO. ZOA-97-3: An application by the City of Wheat Ridge for approval of an amendment to Chapter 26 the Wheat Ridge Code of laws pertaining to historic Landmarks and trees. Ms. Reckert discussed the proposed ordinance relating to the designation and preservation of historic landmazks and trees within the City of Wheat Ridge. The ordinance was prepazed by the City's Attorneys office in consultation with members of the Board of Directors of the Wheat Ridge Historical Society. Maureen Juran, a representative, from the City Attorneys office, went through the proposed ordinance and points out the key issues for the Planning Commission to review. She discussed the development limitation on historical structures. She said limitations cannot be random, they must be significant. Further discussions continued regarding issues of concern. (' Commissioner SNOW asked if an old home was designated as a Historical structure and the owner can't' maintain it, Can the City do the work and then file a lien? Planning Corrtmission Minutes ` August 21,1997. Commissioner THOMPSON stated concerns she would like to see addressed, such as public awazeness, interior rules of historical buildings, and the effects of ADA requirements. She stated a need for landmazk designation. Commissioner BRINKMAN asked "If a tree limb falls on someone, does the City become liable?" Ms. Juran stated no along with explanation. Commissioner THOMPSON stated a need for a piece of trees saved for educational purposes(P. 8 26- 607(4) and for inventory to give to the preservation specialist. It was suggested that this be provided to the historic society as well. Bill Cassell, City's Arborist, explained and discussed Wheat Ridge tree history and the future of trees in the community. ' A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY to approve an amendment to chapter 26 of the Wheat Ridge Code of laws pertaining to historic landmarks and trees with the following recommendations: I. Revision on page 3, change to "entities" 2. Revisions to page 3, section 26-602, definition of owner. 3. Post for I S days 4. Insert on page 8, #4 "and Historical Society." Motion carried 7-0. S. Close The Public Hearing 9. Old Business Commissioner Cerveny would like to discuss reconsideration of the definition of "density"." It was previously moved at the beginning of the meeting to be reviewed on September 4, 1997 10. New Business 11. Discussion and Decision Items A. Commissioner CERVENY requested that staff prepare an analysis of the PRll regulations regarding duplex development on smaller lots for the September 4, 1997. $. Future study session items will be handicapped accessibility and Industrial regulations coioRADo HISTORICAL SOCIETY September 15, 1997 Mr. Robert Olsen Wheat Ridge Historical Society P.O. Box 1833 Wheat Ridge, CO 80034-1833 Deaz Mr. Olsen: The Colorado Historical Society has completed its review of grant applications to the State Historical Fund for the May I5, 1997 deadline. We are pleased to announce that a grant of $8,000 has been awarded to your project for a building inventory database. Please carefully read and complete the attached Grant Award Acceptance Form and return it to the Colorado Historical Society no later than October 17, 1997. Note that the Grant Award Acceptance Form is not a contract, nor ah authorization to begin work. The form clearly outlines the granting process and indicates any special conditions that may have been placed on your grant award. To further understand the process, please review our most recent State Historical Fund Grants Manual and plan to attend one of the upcoming grant workshops. For your convenience, we have also enclosed the copies of your application. Congratulations on receiving the State Historical Fund award from the Colorado Historical Society. We look forward to getting your project under contract and on its way to successful completion. If you have any questions about the grant award, please do not hesitate to contact Mark Wolfe or Geralyn Campanelli at (303) 866-2825. Sincerely, Georgianna Contiguglia President Ref: 98.01-043 State Historical Fund 225 E. 16th Avenue, Suite 260 • Denver, Colorado 80203 • (303) 866-2825 --_ . _ FP.OM :GORSUCN KIRG15 L.L.C. ~ ~ e03 298 0215 -"- - 199?, 08-14 10:57 it671 "P:02'15 CITY OF WHEAT R;mGE, .COLORADO INTRODUCED BY COUNCII, MEMBER Council Bill A'o. Ordinance No. i Series of 1997 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LA`4VS OF THE CITY OF '@vHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS AND TREES WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a home rule municipality self-government and home rule, includingrthe authority to regulate thelusehand developmen~cof land within its limits; arld WHT:REAS, the City has undertaken regulation of use and development of property within its limits by enactment of ordinances regulating zoning and development within the City, one stated purpose of which is to protect the value of property and promote the welfare of the residenu of the City; and WHEREAS, the City has identified a need to provide aprocess to evaluate and protect buildings, trees and struceures deemed to have historical, azchitechtra] or archaeological significance_ Bl3 IT ORDATN.ED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section I. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Zoning and Development, is amended by the addition of 8 new Article VI, entitled "Historic Preservation," which Article shall read as follows in Sts entirety: Article VI. HISTORIC PRESERVATION Sec. 26.600. Intent and Puzpose. (I) .The purpose of this Article is to establish and preserve historic landmarks for the educational, cultural and economic benefit of Wheat Ridge citizens by: (a} Preserving, protecring, enhancing, and regulating the use of buildings and structures that are reminders of past eras, events and person(s) important in local, state or _ _ __ __ _ FROM :GORSUCFI KIRGIS L.L.C. 303 298 0215 1997>08-14 10:57 #671 P.03/1S national history, which are landmarks in the history of azchitecture, which provide examples of the physical suttoundings in which past generations Iived or which are archaeologically significant; and . (b) Ensuring that the historic character is preserved in development and maintenance of such buildings and structures; (c) Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of ZNheat Midge's heritage and cultivating civic pride in the accomplishments of the past; and (d) Cooperating with state and federal historical preservation efforts- (2) It is not the intention of this Article to preserve every old building, structure or tree in the City, but rather to provide a process to evaluate and protect only those buildings, structures and. trees deemed to have historical significance. Sec. 26-601. Supplement to Zoning Provisions; Other Code Sections Unaffected. ~ (I} The requirements of this Article are in addition to all other ~.oning previsions contained in this Chapter 26 and aze not to be construed so as to waive arty other existing and applicable ~ zoning regulation, unless specifically excepted by City Council pursuant to section 26-606, and shall apply to a!1 zone districts in place at time of adoption of this Ordinance or hereafter. (2) Where a conflict exists between the provisions in this Article '4I and other provisions of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code. Sec. 26-602. Definitions. (1) For the purposes of this Article, the fallowing words and terms are defined as set forth herein: Community Stgnhcaicce Variance. A variance from height, setback, square footage or any other code provisions deternrined by City Council as necessary to preserve the historic character and/or significance of an affected historic landmark. Development application. Any permit, site plan, rezoning, variance application or administrative relief that would change the character or appearance of property and/or improvements thereon. MI~Q~5J07711ffistl9.1 2 FROM :GORSUCH KIRGIS L.L.C. 303 298 0215 _ .1997>08-14 10:58 #671 P.04l15 Exterior architectural feature. The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texntre of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement IEstoric preservation. The protection, rehabilitation, restoration, renovation and reconsavction, of buildings, structures and objects significant in Wheat Ridge history, azchitecture, archaeology, engineering or culture. Historic iandrnark. Any structure or improvement designated as historic under the provisions of this Article_ Historic Tree. Any tree designated as historic under the provisions of this Article. Invenlory_ A ]fisting of buildings and structures widen the City which refIec~t an earlier time or which contribute to the overall historic character or heritage oP the City, including a list of historic landmarks and trees designated pursuant to this Article. Landmark Alteration Permit. Any permitissued by the City pertaining to construction, alteration, removal or demolition of a building or feature within a designated hisoric Iandmark or landmark site. Major change. Alteration to an tstoric landmark which may fail to preserve, enhance or restore the exterior arhhitectual features of the landmazk by affecting the special chazacter or special historical, architectural or archaeological nature of the historic luldmark which gave rise to the historic designation. Minor change. Alteration to a historic. landmark which preserves, enhances or restores the exterior architectural features of the landmark or site. A minor change does not adversely affect the special chazacter or special historical, azchitectural or archaeological nature of the historic landmazk or site. Owner. Any person or persons having such right to, title to or interest in any parcel of sand or improvement so as to be legally entided, upon obtaining I}re required permits and approvals from the City agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorisation or approval of the Preservation Specialist or the City Council. Preservation Specialist: The person under the supervision of the City Manager who prepares presentations for City Council meetings at which historic designation applications aze hQ~15Y071\I83489.1 FROM :GORSUCH KIRGIS L.L.C. - 303.298.0215 SS9Z 08-14 10:58 #671 P. 05J15 considered and serves as the initial recipient of historic landmark designation and development applications. Reosonable Return. The capacity, under reasonably efficient and prudent management, of earning a reasonable retool on an investment Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal Of work which is not `of the period. " Structure. Any building, improvement, shelter or any ocher construction built for the shelter 'or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or party walls extended to or above the roof or without openings in separate walls. Whet Ridge Historical Society. A Colorado non-profit corporation, recognized as -tax-exempt pursuant to § SOI(c)(3} of the Internal Revenue Code, or any of its successors, the ~ general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate ~ interest in such persolu, events and places. Sec. 2G-603. Benefits of Historic Landmark or Historic.Tree Designation. (1) Historic Iandmazks may be eligible for grants for preservation, restoration or stabilization from the Ciry, state or other granting organizations. (2} The City, in collaboration with the Wheaz Ridge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners in applying for state or national historic designation. (3} City Council, in its sole discretion, may make available economic incentives to historic landmarks. The City Council is authorized to seek and accept private or public grants which would enhance historic preservazion. (4) .The City shall supply a plaque of appropriate size which states that a designated historic landmark is a Wheat Ridge Historic Lancmark and protected .under the provisions of this Article. (~ If appropriate, the City Council may gram a community significance variance. .IILi1f3QAllB31H9.1 4 FROM :GORSUCH KIRGIS L.L.C. 303.298 0215. _ __ 1997,08-SC 10:54 #671 P. 06.'15 Sec. 56-604. Process for Designation of Historic Landmark, Tree. (1) Any individual structure, building or tree within the City is eligible for designation as an historic landmark or historic tree. (2) Inclusion of arty property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is auromatically designated a local historic landmaik subject to the protections of this Article. (3) An application for historic designation may be submitted by the pmperty owner, by a member of the Wheat Ridge Historical Society Boazd of Directors or by a member of City Council. The application shall be on a form as provided by the City Preservation Specialist and shall be submitted ro d1e Ciry Preservation Specialist who shall first refer the application ro the Wheat Ridge Historical Society Boazd of Directors for review and recommendation. (4) In accordance with its own rules and by-laws, the Wheat Ridge Historical Society Board of Directors shall review the application for historic designation and shall make a recommendation ro City Council on whether the City Council should grant historic designation. Failure of the Wheat Ridge Historical Society Board of Directors to provide a recommendation within 30 days of the date that the application is sent to it for referral shall be deemed to be a recommendation for denial. (5) Upon receipt of a recommendation from the Historical Society Boazd of Directors, or after the passage of 30 days, from the date an application is sent to the Historical Society for referral, the Preservation Specialist shall schedule a Ciry Crnmeil public hearing on such hisroric designation applications- Notice of the public heazing shall be rent to the Owner of the affected property via certified mail and shall be published in a newspaper of general circ.~ulation at .least fifteen (15) days before the date of the public hearing. Such notice shalt state the date, time and place of the public hearing, state that an application has been filed for historic designation of the structure or tree and describe the location of the landmark by street address, legal description, map andlor other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application. Sec. 26-605. City Cotmeil Designation. (1) Following public hearing, Ciry Council may designate by ordinance historic landmarks and historic ttees in the City of Wheat Ridge to accomplish the purposes of this Article. Tn making such designations, City Council shall consider the recommendation of the Wheat RidgC Historical Society Boazd of Directors, the testimony and evidence presented at the public hearing and the following criteria: anmsivmle~.I FROM f-GORSUCN KIRGIS L.L.C. 303 298 0215 1997,08-14 10:59 -#671 P.07,'15 - (a} No stmcture or building shall be granted historic designation unless City Council deternines that the property owner will retain the ability to eam a Reasonable Rentrn oII the property which is the subject of the application; and (b) City Council shall consider whether the structure or tree is of particulaz historical, architectural, cultural Ot archaeological significance which: 1. Exemplifies or reflects the broad cultural; political, economic or social history of the nation, state or conununity; or 2. Is identified with historic persons or with important events in national, state or local history; or 3- Embodies distinguishing characteristics of an architectural type inherenpy valuable for dIe study of a period, style, method of construction or of indigenous materials or craftsmanship; or 4. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized; or 5. Is recommended as an historic landmark by the Wheat Ridge Historical Society Board of Directors; or 6. In the case of a tree, is of such an age as to have liven through historic times or events and is deemed by the City Forester to be safe, sound and viable- (2) City Council may grant historic designation in the presence of one or mare of the cziteriA set forth in (I)(b)(I} through (I){b)(~ above, but need not find that all of those criteria are met. (3) df an application for historic designation is submitted by either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be granted only upon athree-fourths vote of the entire City Council (4} It shall be unlawful to demolish, destroy or undertake any major change to a structure or tree which is the subject of a pending historic designation application until such time as City Council has detemrined whether such designation shall or shall not be granted. (5} The Planning Depamnem and the Pubtic Works Department shall maintain an Inventory of all designated historic landmazks and all structures which are the subject of ~av~ISSias,~ 6 FROM :GORSUCH I:IRGIS L.L.C. 303 299 0215 1997.08-14 11:00 #671 P.08/15 pending applications for historic designation. The City Forester shall maintain an Inventory of all designated historic trees and all trees which are the subject of pending applications for historic designation Upon receipt of information that a tree may be destroyed or upon receipt of an application for either a permit or a request to carry out any new construction, alteration, removal or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic designation, or a zoning change or development plan change, the Planning or Public Works Depaztment or the City Forester shall forward such permit application, request or information to the Preservation Specialist within ten (10) working days. No pertrtit shall be issued or request granted by said departments before a landmark alteration permit has been issued by either the Preservation Specialist or City Council or until a determination has been made by City Council not to grant historic designation. Sec. 26-606. Community Significance TVariances. (1) In addition to historic designation, or at any time after granting historic designation, 'the City Council may, upon application therefor, grant community significancc variances to historic landmarks. (2) When a community significance variance is sought after historic designation has already been granted, the notice and heazing requirements for granting such a variance shaiI be as set out in section 26-6040 excep[ that the notice shall state that an application has been filed for a colnlnunity significance variance. (3) The criterion for determining that a variance should be granted is that the variance is necessary to preserve the historic character and/or significance of the affected structure. (4) The vaziance shall remain in.effect only until such time as the use which created the historic chazacter of the landmazk changes or ceases. Failure to maintain the subject of a variance in good repair and working order may cause a rescission of the variatue. Sec. 26-607. Limitations on Development Affecting Historic Landmarks and Trees. (1) No person shall carry out or cause to be carried out on any- historic landmark any construction, alteration, removal or demolition, or make any changes that would 'Impair the historic nature of the historic landmark without first obtaining a landmark alteration permit therefor in accordance with this Article. {2) No person shall move, remove, destroy or knowingly injure an historic tree without first obtaining a landmark alteration permit therefor. DiIIIa307J11Sise9.1 '~ FROM :GORSUCH KIRGIS L.L.C. 303 Z98 0215 1997,08-14 11:00 #671 P.09I15 (3) Nothing in this section shall be construed to prevent any construction, alteration, removal, or demolition necessary to correct an unsafe or dangerous condition of any tree or structure, or parts thereof where such condition is declared unsafe or dangerous by the City Building or Flanning and Development Departments, the City Forester in the case of a tree, or fire department attd where the proposed measures have been declazed necessary by the City Manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed. Any temporary measures required by the City under this section may be taken without first obtaining a landmazk alteration permit, but a permit is required for permanent alteration, removal or demolition of an historic landmazk. (4) In the event that an historic tree must be destroyed in accordance with this Article, the City Forester .shall determine and document the 'age of the tree and provide such documentation to the Preservation Specialist. (5) If the City provides the applicant with a landmark alteration permit, the applicant must apply for a building pemit within six months of the dace of the permit. ~ {~ If the City denies a landmazk alteration permit, no persnn may submit a subsequent application for the same construction, alteration, removal or demolition within one yeaz from ~ the date of the final action upon the eaziier application. Sec. 26-608. ilnitial Processing of Apglieatioas for Landmark Alteration Permits. (1) Applications for a landmark alteration permit shall be submiued to the Preservation Specialist on a form as provided by the Preservation Specialist and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. (2) Landmark alteration permit applications for minor changes shall be detemtined by the Preservation Specialist in accordance with this Article. Landmark alteration permit applications for major changes shall be determined by City Council in accordance with this Article. (3) The Preservation Specialist shall determine whether the landmazk alterarion pemut application requests a "major change'° or a "minor change' to the historic landmark. Sec. 26-609. Minor Change Landmark Alteration Permits (1) Tn determining whether to grant an application for a minoi change landmazk alteration perntit, the Preservation Specialist shall grant the pernrit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural .features of the landmark MFD153ar/us3eE9.i FROM :GORBUCH KIRGIS L.L.C. 303 298 0215, 1997,08-14. 1,1:01 #671 P.10l15 or site. The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site. (2) Any person aggrieved by a determination of the Preservation Specialist to grant or deny a minor change landmark alteration permit may appeal such determination to the Ciry Council within ten (10) working days of the date of the Preservation Specialist's detemtinazion by filing an appeal with the office of the City Clerk. Such appeal shall state the grounds for appeal. Within thirty five (3~ days of the date the appeal is received in the office of the City Manager, the City Council shall set a date for a hearing on such appeal, which hearing shall be held no later than sixty days after the date the appeal is received in the office of the City Manager. The City Council shall have the power to overrule the Preservation Specialist's decision by a vote of a majority of the Ciry Council. The deternunafion of the City Cotmcil following the appeal heazing shall be issued within forty-five (45) days of the hearing and shall be a fina] detemvnauon for purposes of Rule lOb, Colorado Rules of Civil Procedure- Sec. 26-61.0. Major Change Iantimark Alteration Permits. (1) The City Preservation Specialist shall schedule the permit application for a major change on the next available agenda of the Wheat Ridge Historical Society IIoard of Directors. The Preservation Specialist shall notify the permit applicant of the date of the Historical Society Board of Directors` meeting az which Q~e appIlcation shall be considered via first class mail at least fifteen (15) days before the date of the meeting_ (2) At the conclusion of. the Historical Society Board of Directors' meeting at which the Society considers an application for a landmazk alteration permit to make a "major change," the Historical Society Board of Directors shall forward to City Council a recommendation it either grant or deny such permit. (3} City Council shall schedule a hearing on such major change landmark alteration permit application. Notice of'the hearing shall be as set forth in Section 26-604(5} except that the notice shall state that an application has been filed for a major change landmark alteration pemut. Such notice shall be sent to the permit applicant via first class mail and shall be published as in Section 26-604(5}. (4) During the City Council hearing on the major change landmark alteration permit application, City Council shall consider the recommendation of the Historical Society, the evidence or testimony presented at the hearing, and whether the proposed work will materially and adversely affect the special character or special historical, azchitectural or archaeological nature of the historic landmark. City Council shall make its determination to grant or deny 8re major change landmark alteration permit within sixty {60) days of the date of the hearing and shall notify the applicant of its vote within fifteen (15) days of the date of the vote in writing, h4Ans3(271189989.1 9 __ __ __ FROM :GORSUCH KIRGIS L.L.C. 303 298 0215 1997>09-14 11:01 #6'71 P. 12/i5 Sec. 26.611. Maintenance of Historic Landmarks and Trees. All structures, azchitectural feature's, buildings, improvements and trees which are designated historic pursuant to this Article sha11 be maintained ih good repair so as ro prevent deterioration- Failure to maintain ail historic stroctures,'srchitecmrat features, buildings, and improvements in good repair shad constihlte a violation of this Code. Sec. 2612. Removal of Historic Designation. (1) An application for removal of historic designation may be submitted by the Owner of the property which holds such designation, by a'member of the Wheat Ridge Historical Society Board of Directors or by a tnembcr of City Council as in Section 26-604(3}, The application. shall be processed in the same manner as in Section 26-G04(3) through (5) and Section 26-605 except That the criteria for removal of historic designation shall be that: (a) ,The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; (b) Addifional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26-605. (2) Properties removed from the SIate Register or the National Register of Historic Pisces shall nor be considered to have been automatically removed from the City's historic inventory without format action of the City Council. (3) !f either. a City Councilmember or a member of the Wheat Ridge Historical Society Board ofDrrectors submits an application for removal of historic designation and the property Owner does not desire removal of historic designation and so indicates by filing a written protest before the st:heduled public hearing, historic designation shall be removed only upon a three-fouzths vote of the entire City Council Sec. 26-613. Recordation of Memorandum of Action. (1} Within fifteen (1ST days of a City Council designation of an historic landmazk or historic uee, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) Address and Iegal description of the real property affected by the historic landmark designation which underlies the structure or tree which has been designated as historic; hilmswznl~aev.2 11 FROt9 :CDR9UCH L;IRGIS L.L.C. _ 303 298 0215 1997.08-14 _11:02 #671 P. 13/15 ' (b) A statement that such real property is subject to Article 'VI, Chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic landmark and/or historic tree requirements. (2) Within fifteen (15) days of the date that the Ciry Council removes an historic designation, the City shall cause to be recorded with the 7efferson County Clerk and Recorder a Memorandum of Action which sets foith the following: (a) The information contained in subsection (1}(a) above; and (b) A statement that the Owner of such real property is no longer required to conform with the historic landmark and/or historic tree requirements of.Chapter 26, Article VI of the Wheat Ridge Code of Laws. Sec. 26-614. Violations and Penalties. {1) Any person who is an Owner as defined in Section 26-602 or a manager of property subject to any provision of this Article shall be responsible for compliance with al] provisions of this Article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the Owner for a violation of this Article. (2) Any person violating any provision of this Article shall be subject to a fine of nine hundred and ninety nine dollars ($999.00) or by imprisonment not exceeding one (i) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a sepazate offense and Sha12 be prosecutable and punishable as a separate offense. (3) T'he imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or' proceeding to require compliance with the provisions of this Article. Tn case an7+ building, structure or tree is erected, constmcted, externally reconstructed, extemally altered, added to or demolished in violation of this Article, the Ciry or arty proper person may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 2. Supersession Clause.. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which aze in existence as of the daze of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 3. Safety Clause. The City Council hereby finds; determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, M17r~53d271183169.1 12 __ FROM :GORSUCH KIRGIS L.L.C. 303 298 0215 1997.08-14 ..11:02 71671 P. 14/15 - that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservazion of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordmance beazs a rational relatign to the proper legislative object Sought to be attained. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by section 5.11 of the Charter. . ~ INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ an this day of , 1997, ordered published in full in a newspaper of general ~ circulation in the City of Wheaz Ridge and Public Hearing and consideration on final passage ~ set for _, 1997, at 7:00 o'clock p.m., in the Counci! Chambers, 7500 West ~ 29th Avenue, 'Wheat Ridge, Colorado. tfNA5307JUtl3dBS.I ~ 13 FP.OM :GORSUCH KIRGIS L.L.C. 303 298 0215 1997.08-14 11:03 #671 P. 15f15 READ, ADOPTED AND ORDERED. PCIBLTSHED on second and final reading by a vote of ~ to `, this day of , 1997. _ SIGNED by the Mayor on this ~ day of , 1997. DAN WILDS, MAYOR ATTEST: WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAIiL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: '.I~I~Si0Y7lI83489.1 14 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Heazing is to beheld before the City of Wheat Ridge PLANNING COMMISSION on August 21, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens aze invited to speak at Public Hearing or submit written comments. The following petitions shall be heazd: Case No WZ-97-9: An application by Josephine Johnston for approval of a rezoning from Agricultural-One to Residential-One A for property located at 4313 Jellison Street. 2. ('ace No MS-97-3:. An application by Josephine Johnston for the approval of a two-lot minor subdivision for property located at 4313 Jellison Street. Said property is subject to rezoning review pursuant to Case No. WZ-97-9. The following legal description pertains to both Case Nos. 1 and 2 above. BEGINNING AT THE WEST'/4 CORNER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. FROM WHICH THE SW CORNER OF SAID SECTION BEARS S00°09'23"E A DISTANCE OF 2651.89 FEET AND ALL . BEARINGS CONTAINED 1-IEREIN ARE RELATIVE THERETO; THENCE N89°26'53"W ALONG THE NORTH LINE OF THE SW QUARTER, A DISTANCE OF 346.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00°06'46"W ALONG THE WEST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 84.32 FEET TO A POINT OF THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 93094871 RECORDED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO; THENCE N79°04'23"E ALONG SAID LINE, A DISTANCE OF 271.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF JELLISON STREET; THENCE S00° 12'37"W ALONG SAID RIGHT OF WAY, A DISTANCE OF 195.08 FEET; THENCE S89°38'26"W, A DISTANCE OF 265.71 FEET; THENCE N00°06'46"W ALONG THE .....WEST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 60.94 FEET TO THE POINT OF BEGINNING CONTAINING 45,293 SQUARE FEET OR 1.0398 ACRES MORE OR LESS... 3. Cace No. WZ-97-10: An application by Pacifica Holding Company, LLC, for Pacifica Development Properties, II, LLC, for approval of a rezoning from Commercial-One to Planned Industrial Development and for approval of an outline development plan and a final development plan and plat with vaziances. Said property is located at 9500 W. 49th Avenue and is legally described as follows: LOTS 1, 2, 3, AND 4 OF 70 EXECUTIVE CENTER AMENDED SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. 4 ._ , 4. Case No. ZOA-97-3: An application by the City of Wheat Ridge for approval of an amendment to Chapter 26 of the Wheat Ridge Code of Laws pertaining to historic landmarks and trees. Maril n ,. Recording Se tary ATTEST: Wanda Sang, City Clerk To be published: August 1, 1997 Wheat Ridge Transcript NOTICE OF PUBLtC HEARING Notice is hereby •given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMIS- SION on August 21, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at Public Hearing or submit written comments. The fol- lowin_ etitions shall be heard- ..^ r.~.. 7nA-97-3: An application 4. ago g royal by the City of Wheat Rid a for app Wheat Ridge C deoof Lawsrpertaining to historic landmarks and trees. ~ ' •i r`unn by tTtIC Marilyn Gunn, Recording Secretary ATTEST: Wand^ Sana Wanda Sang, City Cleric Wheat Rid e Transcript 4051-97 ---- Pubfished_ugust t~1997 ___.__ PUBLIC HEARING SPEAKERS' LIST OASE NO: ZQA-97-3 DATE: August 21, 1997 REQUEST: A public heazing to consider an application by the City of Wheat Ridge for approval of an Amendment to Chapter 26 of the Wheat Ridge Code of Laws pertaining to historic landmarks and trees. x ' _ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _PROC./CEREMONTES -CITY ATTY. MATTERS X ORDINANCES FOR 1ST READING BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: Case No. ZOA-97-3/I-Iistoric Landmark SUMMARY/RECOMMENDATION: Attached is an ordinance prepared by the City Attorney's office related to the designation and preservation of historic landmarks and trees. A recommendation of approval is given. ATTACHMENTS: 1) 2) 3) BUDGETED - ITEM Yes No Fund _ Dept/Acct # _ __ _ __ Budgeted Amount ~_ __ _._ Requested Expend. Requires Transfer/ ^ ^ Supp. Appropriation - Yes No RECOMMENDED MOTIONS: I move that Council Bill _ be approved on first reading, ordered published, public hearing be set for Monday, November 24, 1997, at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days afrer fmal publication. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ ~- Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS AND TREES WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a home rule municipality self-governmentrand home rule, includ ng the authoritytto~egulatte theluse and developmenot of land within its limits; and WHEREAS, the City has undertaken regulation of use and development of property within its limits by enacunent of ordinances regulating zoning and development within the City, one stated purpose of which is to protect the value of property and promote the welfare of the residents of the City; and WHEREAS, the City has identified a need to provide a process to evaluate and protect buildings, trees and structures deemed to have historical, architectural or archaeo]ogica] significance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: ect- 1. Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Zoning and Development, is amended by the addition of a new Article VI, entitled '4Historic Preservation," which Article shall-read as follows in its entirety: Article VI. HISTORIC PRESERVATION Sec. 26-600. Intent and Purpose. (1) The purpose of this Article is to establish and preserve historic landmarks for the educational, cultural and economic benefit of Wheat Ridge citizens by: (a) Preserving, protecting, enhancing, and regulating the use of buildings and structures that are reminders of past eras, events and person(s) important in local, state or national history, which are landmarks in the history of architecture, which provide exatnples of the physical surroundings in which past generations lived or which are archaeologically significant; and (b) Ensuring that the historic character is preserved in development and maintenance of such buildings and structures; (c) Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of Wheat Ridge's heritage and cultivating civic pride in the accomplishments of the past; and (d) Cooperating with state and federal historical preservation efforts. (2) It is not the intention of this Article to preserve every old building, structure or tree in the City, but rather to provide a process to evaluate and protect only those buildings, structures and trees deemed to have historical significance. Sec. 26-G01. Supplement to Zoning Provisions; Other Code Sections Unaffected. (1) The requirements of this Article are in addition to all other zoning provisions contained in this Chapter 26 and are not to be construed so as to waive any other existing and applicable zoning regulation, unless specifically excepted by City Council pursuant to section 26-606, and shall apply to all zone districts in pace at time of adoption of this Ordinance or hereafter. (2) Where a conflict exists between the provisions in this Article VI and other provisions of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code. Sec. 26-602. Definitions. (I) For the purposes of this Article, the following words and terms are defined as set forth herein: Con:inunity Significance variance. A variance from height, setback, square footage or any other code provisions determined by City Council as necessary to preserve the historic character and/or significance of an affected historic landmark. Developme{at appli~atiori. Any permit, site plan, rezoning, variance application or administrative relief that would change the character or appearance of property and/or improvements thereon. Mlil'S30?7\I8348).I 2 Exterior architectural feature. The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement as distinguished from the interior surfaces enclosed by said exterior surfaces, including, bu[ not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Historic preservation. The protection, rehabilitation, restoration, renovation and reconstruction of buildings, structures and objects significant in Wheat Ridge history, . architecture, archaeology, engineering or culture. Historic Landmark. Any structure or improvement designated as historic under the provisions of this Article. Historic Tree. Any tree designated as historic under the provisions of this Article. hzverrtory. A listing of buildings and structures within the City which reflect an earlier time or which contribute to the overall historic character or heritage of the City, including a list of historic landmarks and trees designated pursuant to this Article. Landmark Alteration Permit. Any permit issued by the City pertaining to construction, alteration, removal or demolition oi' a building or feature within a designated historic landmark or landmark site. Major change. Alteration to an historic landmark which may fail to preserve, enhance or restore the exterior architectural features of the landmark by affecting the special character or special historical, architectural or archaeological nature of the historic landmark which gave rise to the historic designation. Minor change. Alteration to a historic landmark which preserves, enhances or restores the exterior architectural features of the landmark or site. A minor change does not adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark or site. Owner. Any person, er persons OR ENTITIES having such right to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permits and approvals from the City agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorization or approval of the Preservation Specialist or the City Council. Preservation Specialist. The person under the supervision of the City Manager who prepares presentations for City Council meetings at which historic designation applications are MiIJ\53027\183489.1 3 considered and serves as the initial recipient of historic landmark designation and development applications. Reasonable Return. The capacity, under reasonably efficient and prudent management, of earning a reasonable return on an investment. Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work which is not "of the period." Structure. Any building, improvement, shelter or any other construction built for the shelter or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or party walls extended to or above the roof or without openings in separate walls. iVlzc~at Rirlge Historical Society. A Colorado non-profit corporation, recognized as tax-exempt pursuant to § 501(c)(3) of the Internal Revenue Code, or any of its successors, the general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation; and to educate and stimulate interest in such persons, events and places. Sec. 2G-603. Benefits of Historic Landmark or Historic Tree Desiguation. (1) Historic landmarks may be eligible for grants for preservation, restoration or stabilization from the City; state or other grantingbrganizations. (2) The City, in collaboration with the Wheat Ridge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners in applying for state or national historic designation. (3) City Council, in its sole discretion, may make available economic incentives to historic landmarks. The City Council is authorized to seek and accept private or public grants which would enhance historic preservation. (4) The City shall supply a plaque of appropriate size which states that a designated historic landmark is a Wlreat Ridge Historic Landmark and protected under the provisions of this Article. (5) If appropriate, the City Council may grant a community significance variance. MidJ\530?7\183489.1 Q Sec. 2G-G04. Process for Designation of Historic Landmark, Tree. (1) Any individual structure, building or tree within the City is eligible for designation as an historic landmark or historic tree. (2) Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this Article. (3) An application for historic designation may be submitted by the property owner, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council. The application shall be on a form as provided by the City Preservation Specialist and shall be submitted to the City Preservation Specialist who shall first refer the application to the Wheat Ridge Historical Society Board of Directors for review and recommendation. IF THE APPLICATION IS MADE BY ANYONE OTHER THAN THE PROPERTY OWNER, THE CITY PRESERVATION SPECIALIST SHALL PROMPTLY SEND THE OWNER A COPY OF THE APPLICATION VIA CERTIFIED MAIL. THE PROPERTY OWNER MAY FILE A WRITTEN OBJECTION TO THE APPLICATION WITH THE PRESERVATION SPECIALIST WITHIN 30 DAYS AFTER THE DATE THE PRESERVATION SPECIALIST MAILS THE OWNER A COPY OF THE APPLICATION. (4) In accordance with its own rules and by-laws, the Wheat Ridge Historical Society Board of Directors shall review the application for historic designation and shall make a recommendation to City Council on whether the .City Council should grant historic designation. Failure of the Wheat Ridge Historical Society Board of Directors to provide a recommendation within 30 days of the date that the application is sent to it for referral shall be deemed to be a recommendation for denial. (5) -Upon receipt of a reconunendation from the Historical Society Board of Directors, or after the passage of 30 days from the date an application is sent to the Historical Society for referral, the Preservation Specialist shall schedule a City Council public hearing on such historic designation applications. Notice of the public hearing shall be sent to the Owner of'the affected property via certified mail and shall be published in a newspaper of general circulation AND SHALL BE POSTED ON THE PROPERTY BY A SIGN WHICH CONFORMS WITH THE REQUIREMENTS OF § 26-6(F)(3) at least fifteen (15) days before the date of the public hearing. Such notice shall state the date, time and place of the public hearing, state that an application has been filed for historic designation of the structure or tree and describe the location of the landmark by street address, legal description, map and/or other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application. IF THE PROPERTY OWNER FILES A WRITTEN OBJECTION TO THE APPLICATION, CITY COUNCIL SHALL HOLD SAID HEARING WITHIN 45 DAYS OF THE- DATE OF RECEIPT OF THE RECOMMENDATION OF THE MHJ153027U83489. t 5 HISTORICAL SOCIETY BOARD OF DIRECTORS OR WITHIN 45 DAYS AFTER THE PASSAGE OF 30 DAYS FROM THE DATE THE APPLICATION IS SENT TO HISTORICAL SOCIETY FOR REFERRAL. Sec. 26-GOS. City Council Designation. (1) Following public hearing, City Council may designate, by ordinance historic landmarks and historic trees in the City of Wheat Ridge to accotnplish the purposes of this Article. In making such designations, City Council shall consider the recommendation of the Wheat Ridge Historical Society Board of Directors, the testimony and evidence presented at the public hearing and the following criteria: (a) No structure or building shall be granted historic designation unless City Council determines that the property owner will retain the ability to earn a Reasonable Return on the property which is the subject of the application; and (b) City Council shall consider whether the structure or tree is of particular historical, architectural, cultural or archaeological significance which: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or 2. Is identified with historic persons or with important events in national, state or local history; or 3. Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or 4. Is representative of the notable work of a master builder, designer or, architect whose individual ability has been recognized; or 5. Is recommended as an historic landmark by the Wheat Ridge Historical Society Board of Directors; or 6. In the case of a tree, is of such an age as to have lived U~rough historic times or events and is deemed by the City Forester to be safe, sound and viable. (2) City Council may grant historic designation in the presence of one or more of the criteria set forth in (1)(b)(1) through (1)(b)(G) above, but need not find that all of those criteria are met. Mw~s3ozr.issas<~. i 6 (3) If an application for historic designation is submitted by either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be granted only upon athree-fourths vote of the entire City Council. (4) It shall be unlawful to demolish, destroy or undertake any major change to a structure or tree which is the subject of a pending historic designation application until such time as City Council has determined whether such designation shall or shall not be granted. (5) The Planning Department and the Public Works Department shall maintain an Inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. The City Forester shall maintain an Inventory of all designated historic trees and all trees which are the subject of pending applications for historic designation Upon receipt of information that a tree may be destroyed or upon receipt of an application for either a permit or a request to carry out any new construction, alteration, removal or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic designation, or a zoning change or development plan change, the Planning or Public Works Department or the City Forester shall forward such permit application, request or information to the Preservation Specialist within ten (10) working days. No permit shall be issued or request granted by said departments before a landmark alteration permit has been issued by either the Preservation Specialist or City Council or until a determination has been made by City Council not to grant historic designation. Sec. 26-606. Community Significance Variances. (1) In addition to historic designation, or at any time after granting historic designation, the City Council may, upon application therefor, grant community significance variances to historic landmarks. (2) When a community significance variance is sought after historic designation has already been granted, the notice and hearing requirements for granting such a variance shall be as set out in section 26-604(5) except that the notice shall state that an application has been filed for a community significance variance. (3) The criterion for determining that a variance should be granted is that the variance is necessary to preserve the historic character and/or significance of the affected structure. (4) The variance shall remain in effect only until such time as the use which created the historic character of the landmark changes or ceases. Failure to Jaintain the subject of a variance in good repair and working order may cause a rescission of the variance. MHJ~53027\7834&9.1 7 Sec. 26-607. Limitations on Development Affecting Historic Landmarks and Trees. (1) No person shall carry out or cause to be carried out on any historic landmark any construction, alteration, removal or demolition, or make any changes that would impair the historic nature of the historic landmark without first obtaining a landmark alteration permit therefor in accordance with this Article. (2) No person shall move, remove, destroy or knowingly injure an historic tree without first obtaining a landmark alteration permit therefor. (3) Nothing in this section shall be construed to prevent any construction, alteration, removal, or derolition necessary to correct an unsafe or dangerous condition of any tree or structure, or parts thereof where such condition is declared unsafe or dangerous by the City Building or Planning and Development Departments, the City Forester in the case of a tree, or fire department and where the proposed measures have been declared necessary by the City Manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed. Any temporary measures required by the City under this section may be taken without first obtaining a landmark alteralion permit, but a permit is required for permanent alteration, removal or demolition of an historic landmark. (4) In the event that an historic tree must be destroyed in accordance with this Article, the City Forester shall determine and document the age of the tree and provide such documentation to the Preservation Specialist AND THE WHEAT RIDGE HISTORICAL SOCIETY. (5) If the City provides the applicant with a landmark alteration permit, the applicant nmst apply for a building permit within six mottths of the dale of the permit. (6) If the City denies a landmark alteration permit, no person may submit a subsequent application for the same construction, alteration, removal or demolition within one year from the date of the final action upon the earlier application. Sec. 2G-608. Initial Processing of Applications for Landmark Alteration Permits. (1) Applications for a landmark alteration permit shall be submitted to the Preservation Specialist on a form as provided by the Preservation Specialist and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. (2) Landmark alteration permit applications for minor changes shall be determined by the Preservation Specialist in accordance with this Article. Landmark alteration permit MI{1L5302T183489.1 8 applications for major changes shall be determined by City Council in accordance with this Article. (3) The Preservation Specialist shall determine whether the landmark alteration permit application requests a "major change" or a "tninor change" to the historic landmark. Sec. 2G-609. Minor Change Landmark Alteration Permits (1) In determining whether to grant an application for a minor change landmark alteration permit, the Preservation Specialist shall grant the permit if-the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site. The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site. (2) Any person aggrieved by a determination of the Preservation Specialist to grant or deny a minor change landmark alteration permit may appeal such determination to the City Council within ten (10) working days of the date of the Preservation Specialist's determination by filing an appeal with the office of the City Clerk. Such appeal shall state the grounds for appeal. Within thirty five (35) days of the date the appeal is received in the office of the City Manager, the City Council shall set a date for a hearing on such appeal, which hearing shall be held tto later than sixty days after the date the appeal is received in the office of the City Manager. The City Council shall have the power to overrule the Preservation Specialist's decision by a vote of a majority of the City Council The determination of the City Council following the appeal hearing shall he issued within forty-five (45) days of the hearing and shall be a final determination for purposes of Rule 106, Colorado Rules of Civil Procedure. Sec. 2G-G10. Major Change Landmark Alteration Permits. (1) The City Preservation Specialist shall schedule the permit application for a major change on the next available agenda of the Wheat Ridge Historical Society Board of Directors. The Preservation Specialist shall notify the permit applicant of the date of the Historical Society Board of Directors' meeting at which the application shall he considered via first class mail at least fifteen (15) days before the date of the meeting. (2) At the conclusion of the Historical Society Board of Directors' meeting at which the Society considers an application for a landmark alteration permit to make a "major change," the Historical Society Board of Directors shall forward to City Council a recommendation it either grant or deny such permit. (3) City Council shall schedule a hearing on such major change landmark alteration permit application. Notice of the hearing shall be as set forth in Section 26-604(5) except that the notice shall state ,that an application has been filed for a major change landmark alteration MN1~53W711834821 9 permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in Section 26-604(5). (4) During the City Council hearing on the major change landmark alteration permit application, City Council shall consider the recommendation of the Historical Society, the evidence or testimony presented at the hearing, and whether the proposed work will materially and adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark. City Council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing and shall notify the applicant of its vote within fifteen (15) days of the date of the vote in writing, including the major change landmark alteration permit if the City Council has voted to grant such permit. Sec. 26-611. Maintenance of Historic Landmarks and Trees. All structures, architectural features, buildings, improvements and trees which are designated historic pursuant to this Article shall be maintained in good repair so as [o prevent deterioration. Failure to maintain all historic structures, architectural features, buildings, and improvements in good repair shall constitute a violation of this Code. Sec. 26-G12. Removal of Historic Designation. (1) An application for removal of historic designation may be submitted by the Owner of the property which holds such designation, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council as in Section 26-604(3). The application shall be processed in the same manner as in Section 26-604(3) through (5) and Section 26-605 except that the criteria for removal of historic designation shall be that: (a) The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; (b) Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26-605. (2) Properties removed from the State Register or the National Register of Historic Places shall not be considered to have been automatically removed from the City's historic inventory without formal action of the City Council. (3) If either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors submits an application for removal of historic designation and the property Owner ,does not desire removal of historic designation and so indicates by filing a written MH11530271183489.1 10 protest before the scheduled public hearing, historic designation shall be removed only upon a three-fourths vote of the entire City Council. Sec. 2G-G13. Recordation of Memorandum of Action. (1) Within fifteen (15) days of a City Council designation of an historic landmark or historic tree, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) Address and legal description of the real property affected by the Historic landmark designation which underlies the structure or tree which has been designated as historic; (b) A statement that such real property is subject to Article VI, Chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic landmark and/or historic tree requirements. (2) Within fifteen (15) days of the date that the City Council removes an historic designation, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) The information contained in subsection (1)(a) above; and (b) A statement that the Owner of such real property is no longer required to conform with the historic landmark and/or historic tree requirements of Chapter 26, Article VI of the Wheat Ridge Code of Laws. Sec. 2G-G14. Violations and Penalties. (1) Any person who is an Owner as defined in Section 26-602 or a manager of property subject to any provision of this Article shall be responsible for compliance with all provisions of this Article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the Owner for a violation of this Article. (2) Any person violating any provision of this Article shall be subject to a fine of nine hundred and ninety nine dollars ($999.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. (3) The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the MIi1153027\183489 I 11 provisions of this Article. In case any building, structure or tree is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this Article, the City or any proper person may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Sec ' Sunersession Clause_ If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards ]terein shall supersede and prevail. Sec ' Safelv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the 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 attained. e tin 4. Effective Date. This Orduiance shall take effect fifteen days after final publication, as provided by section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of 1997, ordered published in full in a_ newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for _, 1997, at 7:00 o'clock p.m.; in the Council Chambers, 7500_ West 29th Avenue, Wheat Ridge, Colorado. MI Il153027\183489.1 12 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of ,1.997. _ SIGNED by the Mayor on this day of , 1997. ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: MIf1V53027\1834827 APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 13 Planning Commission Minutes August 21, 1997 1. All maximum requirements of the zoning code have been met., 2. All requirements for a PID final development plan have bee n met 3. The applicant has limited objectional uses from the C-l, C-2 and I zones by the use of performance standazds. With the following conditions: 1. If the variance is approved, the plan be revised accordingly., 2. No other freestanding signs be allowed on the property. Motion carried 6-1 with Thompson voting no. A motion was made by Commission CERVENY, seconded by RASPLICKA for approval of five foot sign setback variance for property located at 9500 West 49t1t Avenue, for the following reasons: 1. Approval of the reduced request would not prove to be a hazard to the public health, safety and welfare., 2. It would not have a negative impact on property values or the public welfare., 3. The proposed location is more aesthetically pleasing than other locations meeting setbacks., 4. There are similar signs in the area with same setbacks and size. With the following conditions: I. A building permit be applied for and issued prior to the existing sign being completed., 2. No other freestanding signs be allowed on the property. Motion carried 7-0. D. Case NO. ZOA-97-3: An application by the City of Wheat Ridge for approval of an amendment to Chapter 26 the Wheat Ridge Code of laws pertaining to historic Landmarks and trees. Ms. Reckert discussed the proposed ordinance relating to the designation and preservation of historic landmazks and trees within the City of Wheat Ridge. The ordinance was prepazed by the City's Attorneys office in consultation with members of the Board of Directors of the Wheat Ridge Historical Society. Maureen Juran, a representative, from the City Attorneys office, went through the proposed ordinance and points out the key issues for the Planning Commission to review. She discussed the development limitation on historical structures. She said limitations cannot be random, they must be significant. Further discussions continued regarding issues of concern. Commissioner SNOW asked if an old home was designated as a Historical structure and the owner can't' maintainit, Can the City do the work and then file a lien? Planning Commission Minutes August 21,1997. Commissioner THOMPSON stated concerns she would like to see addressed, such as public awareness, interior rules of historical buildings, and the effects of ADA requirements. She stated a need for tandmazk designation. ' Commissioner BRINKMAN asked "If a tree limb falls bn someone, does the City become liable?" Ms. Juran stated no along with explanation. Commissioner THOMPSON stated a need for a piece oftrees saved for educational purposes(P. 8 26- 607(4) and for inventory to give to the preservation specialist. It was suggested that this be provided to the historic society as well. Bill Cassell, City's Arborist, explained and discussed Wheat Ridge tree history and the future of trees in the community. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY to approve an amendment to chapter 26 of the Wheat Ridge Code of laws pertaining to historic landmarks and trees with the following recommendations: 1. Revision on page 3, change to "entities" 2. Revisions to page 3, section 26-602, definition'of owner. 3. Post for 15 days 4. Insert on page 8, #4 "and Historical Society." Motion carried 7-0. 8. Close The Public Hearing 9. Old Business Commissioner Cerveny would like to discuss reconsideration of the definition of "density"." It was previously moved at the beginning of the meeting to be reviewed on September 4, 1997 10. New Business 11. Discussion and Decision Items L~. Commissioner CERVENY requested that staff prepare an analysis of the PRll regulations regarding duplex development on smaller lots for the September 4, 1997. 6 B. Future study session items will be handicapped accessibility and Industrial regulations { /t! X900 WEST 2~4'-TH AVENUE F A C S I M L E { ~ FAX# (303) 235-2857 ~R I D G E ~ WHEAT RIDGE, COLORADO 80215 Rrom: .~~'~E~ITEI ~~%Cr~`-JGT" Date: ~-Zf- ~~ No. of Pages - -- (not including cover sheet) Comments: 5~~ yav -~ ~~ c-~t r , f PLANNING AND ZONING - PARKS AND RECREATION PUBLIC WORKS (303)235-2846 (303) 235-2877 (303) 235-2861 M' '~ Fax Log Report for I~R Offt~e+eJ~t DEVREVFAX Persoaxl Printer/Fax/Copier 303 235 2857 Aug-21-97 12:43 PM Result es Tvne Date im Duration Diaenostic Tdentifieation 92980215 OK OS Sent Aug-21 12:41P 00:02:20 002586030022 vao CITY COUNCIL MIND' I December 22, 1997 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 49 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge and providing a process for designating and protecting Historic Landmarks within the City Council Bill 49 was introduced on second reading by Mrs Worth, title read by the Clerk; Ordinance No 1102 assigned Motion by Mrs Worth for the approval of Council Bill 49 (Ordinance No 1102); seconded by Mr Eafanti, carried 7 -0 Item 2. Council Bill 50 - An Ordinance amending Section 5 -124 of the Code of Laws of the City of Wheat Ridge to provide additional grounds for suspension or revocation of contractor licenses Council Bill 50 was introduced by Councilmember Worth on second she also read the title; City Clerk assigned Ordinance No 1103 Motion by Mrs Worth for the approval of Council Bill 50 (Ordinance 1103); seconded by Mr Eafanti; carried 7 -0 Item 3. Council Bill 51 - An Ordinance amending Chapter 22 of the Wheat Ridge Code of Laws, concerning Sales and Use Taxes Council Bill 51 was introduced on second reading by Councilmember DiTullio; he also read the title, City Clerk assigned Ordinance No 1104 Motion by Mr DiTullio for the approval of Council Bill 51 (Ordinance 1104) he further moved that it take effect upon passage; seconded by Mrs Shaver, carried 7 -0 ORDINANCES ON FIRST READING Item 4. Council Bill 52 - An Ordinance concerning qualification for members of the Election Commission Council Bill 52 was introduced on first reading by Mrs Worth; title read by the Clerk CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WORTH Council Bill No. 49 Ordinance No. 1102 Series of 1997 TITLE AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE AND PROVIDING A PROCESS FOR DESIGNATING AND PROTECTING HISTORIC LANDMARKS WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado (the "City "), is a home rule municipality pursuant to Article XX of the Colorado Constitution with all the power of local self- government and home rule, including the authority to regulate the use and development of land within its limits, and WHEREAS, the City has undertaken regulation of use and development of property within its limits by enactment of ordinances regulating zoning and development within the City, one stated purpose of which is to protect the value of property and promote the welfare of the residents of the City, and WHEREAS, the City has identified a need to provide a process to evaluate and protect buildingsand structures deemed to have historical, architectural or archaeological significance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS Section 1 Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Zoning and Development, is amended by the addition of a new Article VI, entitled "Historic Preservation," which Article shall read as follows in its entirety Article VI. HISTORIC PRESERVATION Sec. 26 -600. Intent and Purpose. (1) The purpose of this Article is to establish and preserve historic landmarks for the educational, cultural and economic benefit of Wheat Ridge citizens by (a) Preserving, protecting, enhancing, and regulating the use of buildings and structures that are reminders of past eras, events and person(s) important in local, state or national history, which are landmarks in the history of architecture, which provide examples N11 a s10'" i U Is -) oa of the physical surroundings in which past generations lived or which are archaeologically significant, and (b) Ensuring that the historic character is preserved to development and maintenance of such buildings and structures, (c) Stimulating educational, cultural and spiritual dimensions by fostering the knowledge of Wheat Ridge's heritage and cultivating civic pride in the accomplishments of the past, and (d) Cooperating with state and federal historical preservation efforts (2) It is not the intention of this Article to preserve every old building or structure in the City, but rather to provide a process to evaluate and protect only those buildings and structure deemed to have historical significance Sec. 26 -601. Supplement to Zoning Provisions; Other Code Sections Unaffected. (1) The requirements of this Article are in addition to all other zoning provisions contained in this Chapter 26 and are not to be construed so as to waive any other existing and applicable zoning regulation, unless specifically excepted by City Council pursuant to section 26 -606, and shall apply to all zone districts in place at time of adoption of this Ordinance or hereafter (2) Where a conflict exists between the provisions in this Article VI and other provisions of this Code, the provisions set forth in this Article VI shall not affect the provisions set forth elsewhere in this Code See. 26-602. Definitions. (1) For the purposes of this Article, the following words and terms are defined as set forth herein. Conzmunitv Significance Variance A variance from height, setback, square footage or any other code provisions determined by City Council as necessary to preserve the historic character and /or significance of an affected historic landmark. Development application. Any permit, site plan, rezoning, variance application or administrative relief that would change the character or appearance of property and /or improvements thereon Fxterior architectural feature The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement as distinguished from the interior NIHJ �3 L'7'1834f9 W 2 surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement Historic preservation The protection, rehabilitation, restoration, renovation and reconstruction of buildings, structures and objects significant in Wheat Ridge history, architecture, archaeology, engineering or culture Historic Landmark. Any structure or improvement designated as historic under the provisions of this Article hnventoi A listing of buildings and structures within the City which reflect an earlier time or which contribute to the overall historic character or heritage of the City, including a list of historic landmarks designated pursuant to this Article Landmark Alteration Perinit Any permit issued by the City pertaining to construction, alteration, removal or demolition of a building or feature within a designated historic landmark or landmark site Major change Alteration to an historic landmark which may fail to preserve, enhance or restore the exterior architectural features of the landmark by affecting the special character or special historical, architectural or archaeological nature of the historic landmark which gave rise to the historic designation Minor change Alteration to a historic landmark which preserves, enhances or restores the exterior architectural features of the landmark or site A minor change does not adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark or site Ornner Any person, persons or entities having such right to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permits and approvals from the City agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorization or approval of the Preservation Specialist or the City Council Preservation Specialist The person under the supervision of the City Manager who prepares presentations for City Council meetings at which historic designation applications are considered and serves as the initial recipient of historic landmark designation and development applications ninr 5 1027' 1 X 1481) 04 3 Reasonable Return The capacity, under reasonably efficient and prudent management, of earning a reasonable return on an investment Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work which is not "of the period Structure Any building, improvement, shelter or any other construction built for the shelter or enclosure of persons, animals or chattels or any part of such structure when subdivided by division walls or party walls extended to or above the roof or without openings in separate walls Wheat Ridge Historical Societ A Colorado non - profit corporation, recognized as tax - exempt pursuant to § 501(c)(3) of the Internal Revenue Code, or any of its successors, the general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate interest in such persons, events and places Sec. 26 -603. Benefits of Historic Landmark Designation (1) Historic landmarks may be eligible for grants for preservation, restoration or stabilization from the City, state or other granting organizations (2) The City, in collaboration with the Wheat Ridge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners to applying for state or national historic designation. (3) City Council, in its sole discretion, may make available economic incentives to historic landmarks The City Council is authorized to seek and accept private or public grants which would enhance historic preservation. (4) The City shall supply a plaque of appropriate size which states that a designated historic landmark is a Wheat Ridge Historic Landmark and protected under the provisions of this Article (5) If appropriate, the City Council may grant a community significance variance N111PS1037' 183489 U4 4 Sec. 26 -604. Process for Designation of Historic Landmark (1) Any individual structure or building within the City is eligible for designation as an historic landmark. (2) Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this Article (3) An application for historic designation may be submitted by the property owner, by a member of the Wheat Ridge Historical Souety Board of Directors or by a member of City Council The application shall be on a form as provided by the City Preservation Specialist and shall be submitted to the City Preservation Specialist who shall first refer the application to the Wheat Ridge Historical Society Board of Directors for review and recommendation If the applicatiomsmade by anyone other than the property owner, the City Preservation Specialist shall promptly send the owner a copy of the application via certified mail The property owner may file a written objection to the application with the Preservation Specialist within 30 days after the date the Preservation Specialist mails the owner a copy of the application (4) In accordance with its own rules and by -laws, the Wheat Ridge Historical Society Board of Directors shall review the application for historic designation and shall make a recommendation to City Council on whether the City Council should grant historic designation Failure of the Wheat Ridge Historical Society Board of Directors to provide a recommendation within 30 days of the date that the application is sent to it for referral shall be deemed to be a recommendation for denial (5) Upon receipt of a recommendation from the Historical Society Board of Directors, or after the passage of 30 days from the date an application is sent to the Historical Society for referral, the Preservation Specialist shall schedule a City Council public hearing on such historic designation applications Notice of the public hearing shall be sent to the Owner of the affected property via certified mail a-xd shall be published in a newspaper of general circulation and shall be posted on the property by a sign which conforms with the requirements of S 26- 6(F)(3) at least fifteen (15) days before the date of the public hearing Such notice shall state the date, time and place of the public hearing, state that an application has been filed for historic designation of the structure and describe the location of the landmark by street address, legal description, map and /or other descriptive information sufficient to reasonably advise the public and /or any interested persons of the pendency of the application If the property owner files a written oblection to the application, City Council shall hold saidhearing within 45 days of the date of receipt of the recommendation of the Historical Society Board of Directors or within 45 days after the passage of 30 days from the date the application is sent to Historical Society for referral n1 I [rs1027 183489 04 5 Sec. 26 -605. City Council Designation. (1) Following public hearing, City Council may designate by ordinance historic landmarks in the City of Wheat Ridge to accomplish the purposes of this Article In making such designations, City Council shall consider the recommendation of the Wheat Ridge Historical Society Board of Directors, the testimony and evidence presented at the public hearing and the following criteria (a) No structure or building shall be granted historic designation unless City Council determines that the property owner will retain the ability to earn a Reasonable Return on the property which is the subject of the application, and (b) City Council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which 1 Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community, or 2 Is identified with historic persons or with important events in national, state or local history, or 3 Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship, or 4 Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized, or 5 Is recommended as an historic landmark by the Wheat Ridge Historical Society Board of Directors, (2) City Council may grant historic designation in the presence of one or more of the criteria set forth in (1)(b)(1) through (1)(b)(6) above, but need not find that all of those criteria are met. (3) If an application for historic designation is submitted by either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be granted only upon a three - fourths vote of the entire City Council NI ❑ 53027' 183489.01 6 (4) It shall be unlawful to demolish, destroy or undertake any major change to a structure which is the subject of a pending historic designation application until such time as City Council has determined whether such designation shall or shall not be granted (5) The Planning Department and the Public Works Department shall maintain an Inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. Upon receipt of an application for either a permit or a request to carry out any new construction, alteration, removal or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic designation, or a zoning change or development plan change, the Planning or Public Works Department shall forward such permit application, request or information to the Preservation Speualist within ten (10) working days No permit shall be issued or request granted by said departments before a landmark alteration permit has been issued by either the Preservation Specialist or City Council or until a determination has been made by City Council not to grant historic designation. Sec. 26 -606. Community Significance Variances. (1) In addition to historic designation, or at any time after granting historic designation, the City Council may, upon application therefor, grant community significance variances to historic landmarks (2) When a community significance variance is sought after historic designation has already been granted, the notice and hearing requirements for granting such a variance shall be as set out in section 26- 604(5) except that the notice shall state that an application has been filed for a community significance variance. (3) The criterion for determining that a variance should be granted is that the variance is necessary to preserve the historic character and /or significance of the affected structure (4) The variance shall remain in effect only until such time as the use which created the historic character of the landmark changes or ceases Failure to maintain the subject of a variance in good repair and working order may cause a rescission of the variance Sec. 26 -607. Limitations on Development Affecting Historic Landmarks (1) No person shall carry out or cause to be carried out on any historic landmark any construction, alteration, removal or demolition, or make any changes that would impair the historic nature of the historic landmark without first obtaining a landmark alteration permit therefor in accordance with this Article h1HJ �;02 133489.03 7 (2) Nothing in this section shall be construed to prevent any construction, alteration, removal, or demolition necessary to correct an unsafe or dangerous condition of any structure, or parts thereof where such condition is declared unsafe or dangerous by the City Building or Planning and Development Departments, or fire department and where the proposed measures have been declared necessary by the City Manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed Any temporary measures required by the City under this section may be taken without first obtaining a landmark alteration permit, but a permit is required for permanent alteration, removal or demolition of an historic landmark (3) If the City provides the applicant with a landmark alteration permit, the applicant must apply for a building permit within six months of the date of the permit (4) If the City denies a landmark alteration permit, no person may submit a subsequent application for the same construction, alteration, removal or demolition within one year from the date of the final action upon the earlier application. Sec. 26 -608. Initial Processing of Applications for Landmark Alteration Permits. (1) Applications for a landmark alteration permit shall be submitted to the Preservation Specialist on a form as provided by the Preservation Specialist and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit (2) Landmark alteration permit applications for minor changes shall be determined by the Preservation Specialist in accordance with this Article Landmark alteration permit applications for major changes shall be determined by City Council in accordance with this Article (3) The Preservation Specialist shall determine whether the landmark alteration permit application requests a " rnaior change" or a "minor change" to the historic landmark Sec. 26 -609. Minor Change Landmark Alteration Permits (1) In determining whether to grant an application for a minor change landmark alteration permit, the Preservation Specialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site (2) Any person aggrieved by a determination of the Preservation Specialist to grant or deny a minor change landmark alteration permit may appeal such determination to the City Council N1 11`53027' 1 834N9 04 8 within ten (10) working days of the date of the Preservation Specialist's determination by filing an appeal with the office of the City Clerk. Such appeal shall state the grounds for appeal Within thirty five (35) days of the date the appeal is received in the office of the City Manager, the City Council shall set a date for a hearing on such appeal, which hearing shall be held no later than sixty days after the date the appeal is received in the office of the City Manager The City Council shall have the power to overrule the Preservation Specialist's decision by a vote of a majority of the City Council The determination of the City Council following the appeal hearing shall be issued within forty -five (45) days of the hearing and shall be a final determination for purposes of Rule 106, Colorado Rules of Civil Procedure Sec. 26 -610. Major Change Landmark Alteration Permits. (1) The City Preservation Specialist shall schedule the permit application for a mayor change on the next available agenda of the Wheat Ridge Historical Society Board of Directors The Preservation Specialist shall notify the permit applicant of the date of the Historical Society Board of Directors' meeting at which the application shall be considered via first class mail at least fifteen (15) days before the date of the meeting (2) At the conclusion of the Historical Society Board of Directors' meeting at which the Society considers an application for a landmark alteration permit to make a "major change," the Historical Society Board of Directors shall forward to City Council a recommendation it either grant or deny such permit (3) City Council shall schedule a hearing on such mayor change landmark alteration permit application Notice of the hearing shall be as set forth in Section 26- 604(5) except that the notice shall state that an application has been filed for a major change landmark alteration permit Such notice shall be sent to the permit applicant via first class mail and shall be published as in Section 26- 604(5) (4) During the City Council hearing on the major change landmark alteration permit application, City Council shall consider the recommendation of the Historical Society, the evidence or testimony presented at the hearing, and whether the proposed work will materially and adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark City Council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing and shall notify the applicant of its vote within fifteen (15) days of the date of the vote in writing, including the major change landmark alteration permit if the City Council has voted to grant such permit M171 IJ 53027 183489.04 9 Sec. 26 -611. Maintenance of Historic Landmarks All structures, architectural features, buildings and improvements which are designated historic pursuant to this Article shall be maintained in good repair so as to prevent deterioration Failure to maintain all historic structures, architectural features, buildings, and improvements in good repair shall constitute a violation of this Code Sec. 26 -612. Removal of Historic Designation. (1) An application for removal of historic designation may be submitted by the Owner of the property which holds such designation, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council as in Section 26- 604(3) The application shall be processed in the same manner as in Section 26- 604(3) through (5) and Section 26 605 except that the criteria for removal of historic designation shall be that (a) The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed, (b) Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26 -605 (2) Properties removed from the State Register or the National Register of Historic Places shall not be considered to have been automatically removed from the City's historic inventory without formal action of the City Council (3) If either a City Councilmember or a member of the Wheat Ridge Historical Society Board of Directors submits an application for removal of historic designation and the property Owner does not desire removal of historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be removed only upon a three- fourths vote of the entire City Council Sec. 26 -613. Recordation of Memorandum of Action. (1) Within fifteen (15) days of a City Council designation of an historic landmark, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following (a) Address and legal description of the real property affected by the historic landmark designation which underlies the structure which has been designated as historic, (b) A statement that such real property is subject to Article VI, Chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic landmark requirements 6111153027 183489 04 10 (2) Within fifteen (15) days of the date that the City Council removes an historic designation, the City shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following (a) The information contained in subsection (1)(a) aboNe, and (b) A statement that the Owner of such real property is no longer required to conform with the historic landmark requirements of Chapter 26, Article VI of the Wheat Ridge Code of Laws Sec. 26 -614. Violations and Penalties. (1) Any person who is an Owner as defined in Section 26 -602 or a manager of property subject to any provision of this Article shall be responsible for compliance with all provisions of this Article Historic designation may be subject to a review for loss of designation as a result of a conviction of the Owner for a violation of this Article (2) Any person violating any provision of this Article shall be subject to a fine of nine hundred and ninety nine dollars ($999 00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense (3) The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Article In case any budding or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this Article, the City or any proper person may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition Section 2 Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail Section 3 Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public 61I U 5 $037 1 X3489 04 11 convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 4 Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of November, 1997, ordered published in full in a newspaper of general circulation m the City of Wheat Ridge and Public Hearing and consideration on final passage set for December22,1997, at 7 00 o'clock p m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado MI1J',53027 183489M4 12 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 22nd day of December , 1997 SIGNED by the Mayor on this 23rd day of December , 1997 ATTEST WANDA SANG, CITY CLERK Ist Publication December 5, 1997 2nd Publication January 2, 1998 Wheat Ridge Transcript Effective Date January 17, 1998 Gretchen Cerveny, Mayor APPROVED AS TO FORM BY CITY ATTORNEY GE D E DAHL, CITY ATTORNEY" 01 u\s3o_7' 18348() 04 13