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HomeMy WebLinkAboutZOA-08-03CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 12-2008 Ordinance No. 1416 Series of 2008 TITLE: AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the City Council has previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws (the "Code'), concerning the designation of historical landmarks; and WHEREAS, the Council finds and determines that the role of the Wheat Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary; and WHEREAS, the Council wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-903 of the Code is amended by the deletion of the following two definitions: 26.903. Definitions. hic«n:n designation applin„«in„c ^ side,rad aRd sepies as the Section 2. Section 26-904.B of the Code is amended to read: B. The city, ' , in its discretion, may write recommendations for such grants or monies and/OR assist property owners in applying for state or national historic designation. Section 3. Section 26-905 of the Code is amended to read: Sec. 26-905. Process for designation of historic landmark. A. Any individual structure or building within the city is eligible for designation as an historic landmark. B. 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. C. An application for historic designation may be submitted by the property owner. feFm as provided by the GitY ppesep4atiGR speGialist and shall be submitted feseauaeadatiea. If the Amnlinntien is Fnade by aRYGRG Gther than the D€. Upon receipt of a AN APPLICATION, COMMUNITY DEVELOPMENT DEPARTMENT shall schedule a city council public hearing. applisatieas. Notice of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with the requirements of section 26-109C., at least fifteen (15) days before the date of the public hearing. €uG4THE notice shall state the 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. -2- Section 4. Section 26-906 of the Code is amended to read: Sec. 26-906. City council designation. A. Following public hearing, city council may designate by RESOLUTION er,diaaaee historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider of direeteF6, the testimony and evidence presented at the public hearing and the following criteria: 1. 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 2. The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or b. Is identified with historic persons or with important events in national, state or local history; or c. 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 d. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized.; er B. The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a. - 2.de., above, but need not find that all of those criteria are met. C. 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. 3 E. The CITY shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. Upea plan Ghange the nla RRing COMMUNITY nCVCI (112MENT 9 hl' I( No permit shall be issued or request granted TO CARRY OUT ANY NEW EXTERIOR 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 APPLICATON FOR HISTORIC DESIGNATION by said departme before a landmark alteration permit has been issued elty-GGUR611 or until a determination has been made by city council not to grant historic designation. Section 5. Section 26-908.A of the Code is amended to read: A. No person shall carry out or cause to be carried out on any historic landmark any EXTERIOR 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. Section 6. Section 26-909 of the Code is amended to read: Sec. 26-909. Initial processing of applications for landmark alteration permits. A. Applications for a landmark alteration permit shall be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. B. Landmark alteration permit applications for minor changes shall be determined by the COMMUNITY DEVELOPMENT DIRECTOR in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. C. The COMMUNITY DEVELOPMENT 6peeialist shall determine whether the application requests a "major change" or a landmark. DIRECTOR presewat}ea landmark alteration permit "minor change" to the historic -4- Section 7. Section 26-910 of the Code is amended to read: Sec. 26-910. Minor change landmark alteration permits. A. In determining whether to grant an application for a minor change landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR 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. B. THE OWNER MAY APPEAL THE determination of the COMMUNITY DEVELOPMENT DIRECTOR to grant or deny a minor change landmark alteration permit may appeal SUGh to the city council within ten (10) working days of the date of the COMMUNITY DEVELOPMENT DIRECTOR'S determination by filing an appeal with the office of the city clerk. SUGh appeal shall state the greuRd&49F appeal, Within thirty-five (35) days of the date the appeal is received +a the the city council shall set a date for a hearing ea sash appeal, which hearing shall be held no later than sixty (60) days after the date the appeal is received. ' . The city council shall have the power to overrule the COMMUNITY DEVELOPMENT DIRECTOR'S ecision. bya vote of determination of the city council following the appeal hearing shall he ii;si,Ad within feFtyfive (45) days G the shall be aTHE final determination OF THE CITY. Section 8. Section 26-911 of the Code is amended to read: Sec. 26-911. Major change landmark alteration permits. AG. The city council shall schedule a hearing on saGq major change landmark alteration permit applicationS. Notice of the hearing shall be as set forth in section 26-905D€., 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 26-905D€. BB. During the city council hearing city council sh""all consider the the evidence or testimony presented at *aFing, and whether the proposed work will materially 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 netify t4e Section 9. Section 26-913 of the Code is amended to read: Sec. 26-913. Removal of historic designation. A. An application for removal of historic designation may be submitted by the owner of the property which holds such designation, GGUR61i as in section 26-905C. The application shall be processed in the same manner as in section 26-905C. through 26-905D€., and section 26- 906 except that the criteria for removal of historic designation shall be that: 1. 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; OR 2. Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26- 906: OR 3. UPON A CHANGE IN OWNERSHIP, AT THE REQUEST OF THE NEW OWNER, BUT ONLY TO THE EXTENT PUBLIC FINANCIAL ASSISTANCE HAS NOT BEEN RECEIVED TO BENEFIT THE EXTERIOR HISTORIC ELEMENTS OF THE PROPERTY. B. 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. C . -6- Section 10. Section 26-915 of the Code is amended to read: Sec. 26-915. Violations and penalties. A. Any person who is an owner as defined in section 26-903 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. B. Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) 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. C. The imposition of any penalty hereunder shall not preclude the city er any prepep from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city erany preper-persea-may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 11, Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 12. Effective Date. This Ordinance shall take effect immediately upon final adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on this 141' day of July, 2008, 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 Monday, July 28, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 1, this 28" day of July, 2008. SIGNED by the Mayor on this 29th day of July , 2008. 7 ATTEST: Michael Snow, City erk ~~\1 As To Form E. Dahl, City First Publication: July 17, 2008 Republished as amended on 1" reading: July 24, 2008 Third Publication as amended on 2nd reading: August 7, 2008 Wheat Ridge Transcript Effective Date: July 28, 2008 -8- CITY COUNCIL MINUTES: July 28, 2008 Page -5- No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve Council Bill 11-2008 (Ordinance 1415) on second reading and that it take effect 15 days after final publication. I further move to amend the second sentence of subsection 17.32(e)(5) to read "in addition, each watercraft, except for kayaks, shall have on board at least one (1) throw flotation device." Seconded by Mrs. Rotola; carried 7-0. Item 4. Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat Ridge Code of Laws concerning Historical Landmark Designation. (Case No. ZOA-08-03) Mayor DiTullio opened the public hearing. Council Bill 12-2008 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1416. Ms. Reckert presented the staff report and recommended typographical corrections in Section 3 and Section 9. Claudia Worth pointed out that Section 3 should also include State Historic Designations and asked the Council to amend the Ordinance to reflect this. Charlotte Whetsel, Historical Society President, encouraged Council to take the advice of the Planning Commission to deny this Ordinance. Mrs. Whetsel believed that the Ordinance was proposed out of anger and is detrimental to the City. Doris lbbfson, expressed the desire that the Richards-Hart Estate remain under the direction of the City; urged Council to research carefully what is and should be protected as a Historical property in Wheat Ridge and to deny this Ordinance. John Dwyer spoke against the Ordinance and urged the Council to preserve the Historical Society's role in preservation as a key and necessary element. Mr. Dwyer believes that this ordinance would only make the process of Historic Designation a political one. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill 12-2008 (Ordinance 1416) on second reading and that it take effect immediately after adoption, with the following amendments as proposed by staff: Section 3.C., first sentence, strike `or by a member of City Council." Section 9.A., first sentence, strike `or by a member of City Council." Seconded by Mrs. Sang; carried 6-1 with Mr. Womble voting No. E i.,` City of ~`7~Theat~idge ITEM NO: Jh REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 28, 2008 TITLE: COUNCIL BILL NO. 12-2008 - CASE #ZOA-08-03 - AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (07/14/2008) ❑ BIDS/MOTIONS N ORDINANCES FOR 2ND READING (07/28/2008) ❑ RESOLUTIONS Quasi-judicial: YES . N NO City Mana EXECUTIVE SUMMARY: At the June 2 City Council study session, Council directed staff to draft an ordinance making certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation Council's direction was to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge Historical Society in the local landmark designation process. Council requested the draft ordinance be prepared for further consideration at the June 16 study session. At the June 16 study session, City Council reviewed the ordinance as drafted by staff and requested it be forwarded to City Council as a 1st reading ordinance. The ordinance as drafted for 1st reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or make recommendations for or against local historic landmark properties. It was also suggested that Staff consider modifications to the alteration permit process and removal of a designation. Planning Commission recommended denial of the legislation as proposed at a public hearing held on July 17, 2008. COMMISSIONBOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing before the Planning Commission was held on Thursday, July 17, 2008. Planning Commission moved to recommend denial of the legislation as proposed with a recommendation to City Council that the case be continued to allow discussions with the Wheat Ridge Historic Society regarding involvement in the historic designation process. Claudia Worth, Vice President of the Wheat Ridge Historical Society, commented regarding the proposed legislation. Ms. Worth indicated that in her opinion, there is an omission from the ordinance and that ordinance section 3 (Section 26-905.B.) should include the following language: "or a state historical site designation". The intent of this amendment is if a property is designated a state landmark, it automatically becomes a local landmark. Staff believes that this is a policy for City Council to consider prior to including this provision. Staff has not done research as to the process and criteria for state designation. It was also discovered that there is a typographical error in ordinance section 3 (Section 26-905.C.), whereby the following should be shown with a "strike through" designation, "or by a member of city council". STATEMENT OF THE ISSUES: Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It establishes the procedures for designating local historic landmarks, including defining a role for the Wheat Ridge Historical Society in that designation process. The Historical Society is given three roles: 1) they have an ability to apply for a local historic landmark designation of a property or improvement; 2) upon application for a historic landmark designation, the City is required to refer said application to the Historical Society Board for review and comment; and 3) they are provided an opportunity to review and comment on any "major change" alteration permits for projects that have a local historic landmark status. The Historical Society also plays the same roles in the process for removing a historic landmark designation status from a property. The Wheat Ridge Historical Society is a local not for profit membership group. The membership of the group and the election of its board officers is established at the sole discretion of the Historical Society. The City has no role in establishing the board or the Society's membership. Typically, Boards and Commissions that have a role in making policy recommendations to City Council are appointed by the Mayor, City Council or a combination thereof. Staff is not aware of any other instances in the municipal code of laws where a body that is not appointed by the Mayor or City Council has a formal role in providing a recommendation to City Council or playing a role in an official City process. Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role in the official City processes and procedures pertaining the designation and regulation of local historic landmarks. The following minor modifications were also made: 1. Removal of the ability for City Council to nominate potential landmark designations. 2. Removal of references to the city "preservation specialist". 3. Modification of City Council approval from ordinance to resolution. 4. Inclusion of a provision that upon change in property ownership of a city-designated historic landmark, the new owner may have the designation removed if no public financial assistance has been granted for exterior improvements related to the historic elements of the property. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill. No. 12-2008, Case No. ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation, and that it take effect 15 days after final publication with the following conditions: 1. Ordinance section 3 (Section 26-905.C.) be amended to show a strike-through designation on the following language, "or by a member of city council"." Or, "I move to table indefinitely Council Bill No. 12-2008, Case No. ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation, for the following reasons: Report prepared by: Kenneth Johnstone, Director, Community Development Report reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Planning Commission staff report 2. Council Bill No. 12-2008 ' City of " Y Wheat jjdge muNITY DEVELOPMENT PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 17, 2008 TITLE: AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORIC LANDMARK DESIGNATION CASE NO. ZOA-08-03 ® PUBLIC HEARING ❑ RESOLUTION Case Manager: Meredith Reckert Date of Preparation: July 9, 2008 ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM This Case is: Quasi-judicial Proper notice was given for this public hearing. X Legislative SUMMARY: The attached ordinance amends the historic landmark designation regulations of the City which were adopted in 1997. All changes to Chapter 26 require review and a recommendation from the Planning Commission. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: At the June 2 City Council study session, Council directed staff to draft an ordinance making certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Council's direction was to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge Historical Society in the local landmark designation process. Council requested the draft ordinance be prepared for further consideration at the June 16 study session. At the June 16 study session, city Council reviewed the ordinance as drafted by staff and requested it be forwarded to City Council as a 1 st reading ordinance. The ordinance as drafted for 1 st reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or ATTACHMENT 1 make recommendations for or against local historic landmark properties. It was also suggested that Staff consider modifications to the alteration permit process and removal of a designation. STATEMENT OF THE ISSUES: Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It establishes the procedures for designating local historic landmarks, including defining a role for the Wheat Ridge Historical Society in that designation process. The Historical Society is given three roles: 1) they have an ability to apply for a local historic landmark designation of a property or improvement; 2) upon application for a historic landmark designation, the City is required to refer said application to the Historical Society Board for review and comment; and 3) they are provided an opportunity to review and comment on any "major change" alteration permits for projects that have a local historic landmark status. The Historical Society also plays the same roles in the process for removing a historic landmark designation status from a property. The Wheat Ridge Historical Society is a local not for profit membership group. The membership of the group and the election of its board officers are established at the sole discretion of the Historical Society. The City has no role in establishing the board or the Society's membership. Typically, Boards and Commissions that have a role in making policy recommendations to City Council are appointed by the Mayor, City Council or a combination thereof. Staff is not aware of any other instances in the municipal code of laws where a body that is not appointed by the Mayor or City Council has a formal role in providing a recommendation to City Council or playing a role in an official City process. Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role in the official City processes and procedures pertaining the designation and regulation of local historic landmarks. The following minor modifications were also made 1. Removal of references to the city "preservation specialist"; 2. Modification of City Council approval from ordinance to resolution; 3. Inclusion of a provision that upon change in property ownership of a city-designated historic landmark, the new owner may have the designation removed if no public financial assistance has been granted for exterior improvements related to the historic elements of the property. This case is scheduled for City Council public hearing on July 28, 2008. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article IX of Chapter 26 of the Wheat Ridge Code of Laws concerning historic landmark designation." Exhibit: 1. Proposed ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 12-2008 Ordinance No. TITLE: COUNCIL BILL NO. 12-2008 - CASE #ZOA-08-03 - AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the City Council has previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws (the "Code"), concerning the designation of historical landmarks; and WHEREAS, the Council finds and determines that the role of the Wheat Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary; and WHEREAS, the Council wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-903 of the Code is amended by the deletion of the following two definitions: 26.903. Definitions. events aRd plaees in the Gity of Wheat Ridge, PFOVide for his ATTACHMENT 2 events and plaGes. Section 2. Section 26-904.13 of the Code is amended to read: B. The city, in GG"abWation with the VVheat Ridge , in its discretion, may write recommendations for such grants or monies and/OR assist property owners in applying for state or national historic designation. Section 3. Section 26-905 of the Code is amended to read: Sec. 26-905. Process for designation of historic landmark. A. Any individual structure or building within the city is eligible for designation as an historic landmark. B. 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. C. An application for historic designation may be submitted by the property owner. by a membeF of the Wheat Ridge Histaftal Seeisly Board ef-diresters-or by a member of city council. The appliGatien shall be on D€. Upon receipt of a AN APPLICATION, COMMUNITY DEVELOPMENT DEPARTMENT presenfatieR sped shall schedule a city council public hearing. ayplisatiens, Notice of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with -2- 11 1 anrordance with Its own I and bylaws, ♦he Wheat Oidn the requirements of section 26-109C., at least fifteen (15) days before the date of the public hearing. SWATHE notice shall state the 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. five (46) days of the date ef reseipt of the reGernmendation of the Hist Section 4. Section 26-906 of the Code is amended to read: Sec. 26-906. City council designation. A. Following public hearing, city council may designate by RESOLUTION erdinaase historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider ,......ngnaenda#Gn f *h_ the testimony and evidence presented at the public hearing and the following criteria: 1. 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 2. The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or b. Is identified with historic persons or with important events in national, state or local history; or c. 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 d. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized.; er e. is reGemmended as an h*Atm~o landmad(by the Wheat Ridge 3 B. The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a. - 2.de., above, but need not find that all of those criteria are met. C. 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. E. The CITY la g de artment and the bi'c . GFks depaFtment shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. Upon r^ int of an application c^r either a peFFn d I't' of ^ .d., nt,.re en or mR an la..terie landmark g tit .at. r hieh is the .unbent of a ewling appli..^tiOR f^r hicatarin designation, ohange or development plan nhange th pFesewation °peei^r°t within ten iam . orking day NO permit shall be issued or request granted TO CARRY OUT ANY NEW EXTERIOR 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 APPLICATON FOR HISTORIC DESIGNATION by said depaitmen~ before a landmark alteration permit has been issued-by either- the pr^eenmiien peeiarst pity ^^U n^il or until a determination has been made by city council not to grant historic designation. Section S. Section 26-908.A of the Code is amended to read: A. No person shall carry out or cause to be carried out on any historic landmark any EXTERIOR 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. -4- Section 6. Section 26-909 of the Code is amended to read: Sec. 26-909. Initial processing of applications for landmark alteration permits. A. Applications for a landmark alteration permit shall be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT presewatien shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. B. Landmark alteration permit applications for minor changes shall be determined by the COMMUNITY DEVELOPMENT DIRECTOR presep.Qtien speGialist in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. C. The COMMUNITY DEVELOPMENT DIRECTOR pmsewatien specialist hall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Section 7. Section 26-910 of the Code is amended to read: Sec. 26-910. Minor change landmark alteration permits. A. In determining whether to grant an application for a minor change landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR 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. B. IF THE OWNER MAY APPEAL THE Any peFsen eved by determination of the COMMUNITY DEVELOPMENT DIRECTOR to grant or deny a minor change landmark alteration permit to the city council within ten (10) working days of the date of the COMMUNITY DEVELOPMENT DIRECTOR'S determination by filing an appeal with the office of the city clerk. Such appeal shall state the " " 's appeal, Within thirty-five (35) days of the date the appeal is received in the the city council shall set a date for a hearing on such appeal; which hearing shall be held no later than sixty (60) days after the date the appeal is received. the of the city manage The city council shall have the power to overrule the COMMUNITY DEVELOPMENT DIRECTOR'S preservation speelalisgs ecision. bya vote The determination of the city council following the appeal hearing shall be issued within feFty fivB (45) da" •the heaFiRg and -shall be aTHE final determination OF THE CITY.4ef 5 Section 8. Section 26-911 of the Code is amended to read: Sec. 26-911. Major change landmark alteration permits. AS. The city council shall schedule a hearing on such major change landmark alteration permit applicationS. Notice of the hearing shall be as set forth in section 26-905D€., 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 26-905D€. RD. During the city council hearing on the major GhaRge IaRd aF aRerat on p 'ermT-appSsai:o.^, city council shall consider the the evidence or testimony presentedat ` s, and whether the proposed work will materially 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 appliGant of As vote within fifteen (16) days of the date of the vote in wfit Section 9. Section 26-913 of the Code is amended to read: Sec. 26-913. Removal of historic designation. A. An application for removal of historic designation may be submitted by the owner of the property which holds such designation or by a member of city council as in section 26-905C. The application shall be processed in the same manner as in section 26-905C. through 26-905D€., and section 26-906 except that the criteria for removal of historic designation shall be that: 1. 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; OR -6- 2. Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26- 906; OR 3. UPON A CHANGE IN OWNERSHIP, AT THE REQUEST OF THE NEW OWNER, BUT ONLY TO THE EXTENT PUBLIC FINANCIAL ASSISTANCE HAS NOT BEEN RECEIVED TO BENEFIT THE EXTERIOR HISTORIC ELEMENTS OF THE PROPERTY. B. 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. C. histeFiG designation and so IndiGates by filing a written pFetest before the sGheduled publier heaFing, histeft designation shall - minoved only upon ah f F ♦ Of the tiFe Gity n nil Section 10. Section 26-915 of the Code is amended to read: Sec. 26-915. Violations and penalties. A. Any person who is an owner as defined in section 26-903 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. B. Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) 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. C. The imposition of any penalty hereunder shall not preclude the city eF any PFGpeF from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city or-any prepeF person-may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 11. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 12. Effective Date. This Ordinance shall take effect immediately after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on this 14th day of July , 2008, 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 Monday. July 28, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: July 17, 2008 Second Publication: Wheat Ridge Transcript Effective Date: -8- CITY COUNCIL MINUTES: July 14, 2008 Page -6- Item 4. Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat Ridge Code of Laws concerning Historical Landmark Designation. (Case No. ZOA-08-03) Council Bill 12-2008 was introduced on first reading by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to adopt Council Bill 12-2008 on first reading, order it published, public hearing set for Monday, July 28, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately after final publication; seconded by Mrs. Sang; carried 6-1 with Mr. Womble voting No. DECISIONS. RESOLUTIONS, AND MOTIONS Item 5. Public Meeting on 2009 Budget. Item 5 was introduced by Mrs. Sang, who read the Executive Summary. No citizens were present to speak on the 2009 City Budget. Item 6. Resolution 37-2008 - A Resolution approving a Memorandum of Understanding among Metro Denver's Cities and Counties promoting Health and Wellness. Resolution 37-2008 was introduced by Mrs. Sang. Michael Snow read the executive summary. Motion by Mrs. Sang to approve Resolution 37-2008; seconded by Mr. Womble and Mrs. Rotola; carried 7-0. ELECTED OFFICIALS' MATTERS Mrs. Rotola related the new pool is very popular and a great success; congratulations to Joyce Manwaring and her staff for the hard work in bringing the new pool to the City. Mr. Stites asked all citizens to try to do one new positive thing for the City and its citizens; find and buy it in Wheat Ridge. Councilmembers sent good wishes to Jim Payne and family and Mr. Gokey and family. City of ~Wheatwdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 14, 2008 TITLE: COUNCIL SILL 12-2008 - AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: M ORDINANCES FOR 15T READING (07/14/2008) ❑ ORDINANCES FOR 2ND READING (07/28/2008) YES M NO f~ City Managef EXECUTIVE SUMMARY: At the June 2 City Council study session, Council directed staff to draft an ordinance making certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Councirs direction was to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge Historical Society in the local landmark designation process. Council requested the draft ordinance be prepared for further consideration at the June 16 study session. At the June 16 study session, City council review the ordinance as drafted by staff and requested it be forwarded to City Council as a I" reading ordinance. The ordinance as drafted for ls` reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or make recommendations for or against local historic landmark properties. It was also suggested that Staff consider modifications to the alteration permit process and removal of a designation. COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing before the Planning Commission is scheduled for Thursday, July 17. STATEMENT OF THE ISSUES: Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It establishes the procedures for designating local historic landmarks, including defining a role for the Wheat Ridge Historical Society in that designation process. The Historical Society is given three roles: 1) they have an ability to apply for a local historic landmark designation of a property or improvement; 2) upon application for a historic landmark designation, the City is required to refer said application to the Historical Society Board for review and comment; and 3) they are provided an opportunity to review and comment on any "major change" alteration permits for projects that have a local historic landmark status. The Historical Society also plays the same roles in the process for removing a historic landmark designation status from a property. The Wheat Ridge Historical Society is a local-not-for profit membership group. The membership of the group and the election of its board officers is established at the sole discretion of the Historical Society. The City has no role in establishing the board or the Society's membership. Typically, Boards and Commissions that have a role in making policy recommendations to City Council are appointed by the Mayor, City Council or a combination thereof. Staff is not aware of any other instances in the municipal code of laws where a body that is not appointed by the Mayor or City Council has a formal, role, in, providing a recommendation to City Council or playing a role in an official City process. Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role in the official City processes and procedures pertaining the designation and regulation of local historic landmarks. The following minor modifications were also made: 1. Removal of references to the city "preservation specialist"; 2. Modification of City Council approval from ordinance to resolution; 3. Inclusion of a provision that upon change in property ownership of a city-designated historic landmark, the new owner may have the designation removed if no public financial assistance has been granted for exterior improvements related to the historic elements of the property. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to adopt Council Bill 12-2008. Case #ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation on first reading, order it published, public hearing set for Monday July 28, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication." or, "I move to deny the approval of Council Bill 12-2008. Case #ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation, for the following reasons: " Report prepared by: Ken Johnstone, Director, Community Development Report verified by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Draft Council Bill 12-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 12-2008 Ordinance No. TITLE: AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the City Council has previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws (the "Code'), concerning the designation of historical landmarks; and WHEREAS, the Council finds and determines that the role of the Wheat Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary; and WHEREAS, the Council wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-903 of the Code is amended by the deletion of the following two definitions: 26.903. Definitions. PWaeplatibn speeia&t The person undeF the supervision of the eity , events and pla es. - r- Section 2. Section 26-904.B of the Code is amended to read: . v.v. v vvv Historcal c,.^'e.ty B. The city, in "^"GfCfilti with the Wheat Ridge v Historical N~,GL, in its discretion, may write recommendations for such grants or monies and/OR assist property owners in applying for state or national historic designation. Section 3. Section 26-905 of the Code is amended to read: Sec. 26-905. Process for designation of historic landmark. A. Any individual structure or building within the city is eligible for designation as an historic landmark. B. Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1956 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this article. C. An application for historic designation may be submitted by the property owner. by a FneFnbeF of the Wheat Ridge HistoFiGal SeGiety Board of directers or by a member of city council. The applioattie"ha a an a FBGeFnrnenda . if `h I' ^`'en is by a yone ethe than the COMMUNITY DEVELOPMENT DEPARTMENT ^ ^•^`l^^ ^ shall schedule a city council public hearing. on such hirAE)FiG desigRatioR applisatiens. Notice. of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with the requirements of section 26-109C., at least fifteen (15) days before the date of the public hearing. SushTHE notice shall state the time and place of -2- D. in d With its OWS I ^ d bylaws the Wheat o•d.. D€. Upon receipt of a AN APPLICATION, r^ end^"^^ frem the 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 pr eFty ewneF objeGfien to the applieatien, Gity eewAell shall held said headng withiA forty- five (46) days of the date of FeGeipt Gf the FeGemmendatiwi of the HistagGal Section 4. Section 26-906 of the Code is amended to read: Sec. 26-906. City council designation. A. Following public hearing, city council may designate by RESOLUTION oPdiF;aRee historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider the lotion of the testimony and evidence presented at the public hearing and the following criteria: 1. 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 2. The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or b. Is identified with historic persons or with important events in national, state or local history; or c. 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 d. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized. e. is reeommended as an histeriG landmark by the Wheat Ridge B. The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a. - 2.de., above, but need not find that all of those criteria are met. 3 G. if an applieatieR fer hiStWie designation is submitted by either-a the h d I d rhl' h ah' tO n desi nation shall be gFanfod only upeR a three fouFths vote of the entire eity Gauneil. C. 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. E. The CITY shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. 11.1 ~-Af d-e-mnlotonn of a GtFUGtWe en OF in an hiSt9F -6 landFnaF'( OF OR--a designation, OF a zoning Ghange or development plan 3hange-,-the pFeservatlen SpeGialiSt within ten (I Q) wai:king days. No permit shall be issued or request granted TO, CARRY OUT ANY NEW EXTERIOR 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 APPLICATON FOR HISTORIC DESIGNATION by said depar#rnents-before a landmark alteration permit has been issued-by or until a determination has been made by city council not to grant historic designation. Section 5. Section 26-908.A of the Code is amended to read. A. No person shall carry out or cause to be carried out on any historic landmark any EXTERIOR 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. -4- Section 6. Section 26-909 of the Code is amended to read: Sec. 26-909. Initial processing of applications for landmark alteration permits. A. Applications for a landmark alteration permit shall be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT presewatieR and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. B. Landmark alteration permit applications for minor changes shall be determined by the COMMUNITY DEVELOPMENT DIRECTOR in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. C. The COMMUNITY DEVELOPMENT DIRECTOR presewatien specialist shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Section 7. Section 26-910 of the Code is amended to read: Sec. 26-910. Minor change landmark alteration permits. A. In determining whether to grant an application for a minor change landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR 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. B. IF THE OWNER MAY APPEAL THE Any person aggFieved by a determination of the COMMUNITY DEVELOPMENT DIRECTOR to grant or deny a minor change landmark alteration permit may appeal such to the city council within ten (10) working days of the date of the COMMUNITY DEVELOPMENT DIRECTOR'S determination by filing an appeal with the office of the city clerk. SuGh appeal shall state the gFOunds appeal, Within thirty-five (35) days of the date the appeal is received in the the city council shall set a date for a hearing an such appeal; which hearing shall be held no later than sixty (60) days after the date the appeal is received. in the offine of the eity manager. The city council shall have the . power to overrule the COMMUNITY DEVELOPMENT DIRECTOR'S ecision. ley-auete The determination of the city council following the appeal hearing the hearing--and-shall be aTHE final determination OF THE CITY.-fer Section 8. Section 26-911 of the Code is amended to read: Sec. 26-911. Major change landmark alteration permits. PeFmit. AS. The city council shall schedule a hearing on sush major change landmark alteration permit applicationS. Notice of the hearing shall be as set forth in section 26-905D€., 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 26-905D€. BB. During the city council hearing an the M - Ghange landFn^•L city council shall consider the _ do+:_ of the hiet =4__^°` the evidence or testimony presented at the headns, and whether the proposed work will materially 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 appliGant of its vote within fifteen (15) days of the date of the vote in w Section 9. Section 26-913 of the Code is amended to read: Sec. 26-913. Removal of historic designation A. An application for removal of historic designation may be submitted by the owner of the property which holds such designation,, by a member it Wheat Rid u°.:f^ :a' a^^v°f" boaFd of `'"°^f^'^ or by a member of city council as in section 26-905C. The application shall be processed in the same manner as in section 26-905C. through 26-9050E., and section 26-906 except that the criteria for removal of historic designation shall be that: 1. 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; OR -6- 2. Additional information shows that the structure or property no longer ( meets any of the criteria for historic designation contained in section 26- 906; OR 3. UPON A CHANGE IN OWNERSHIP, AT THE REQUEST OF THE NEW OWNER, BUT ONLY TO THE EXTENT PUBLIC FINANCIAL ASSISTANCE HAS NOT BEEN RECEIVED TO BENEFIT THE EXTERIOR HISTORIC ELEMENTS OF THE PROPERTY. B. 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. C. Section 10. Section 26-915 of the Code is amended to read: Sec. 26-915. Violations and penalties. A. Any person who is an owner as defined in section 26-903 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. B. Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) 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. C. The imposition of any penalty hereunder shall not preclude the city er from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city or any pFoper ersea-may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 11. Severability Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 7 Section 12, Effective Date. This Ordinance shall take effect fifteen (15) 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 , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Claudia Worth 4650 Oak Street, Wheat Ridge Claudia Worth announced that the Wheat Ridge Historical Park would be open free-of-charge from 10:00 a.m. to 3:00 p.m. during the Democratic National Convention. PUBLIC HEARING A. Case No. ZOA-08-03: An ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historical landmark designation. The case was presented by Meredith Reckert. She advised the Commission there was jurisdiction to hear the case and then reviewed the staff report. Commissioner DWYER stated that he had researched other municipalities in the Denver area and Wheat Ridge appears to be the only one that does not have a board or commission to act as an advisory body in regard to historical designations. He favored such an advisory body to be appointed by the City Council Mr. Johnstone stated that research will take place in order to come up with recommendations for an advisory body. Mr. Dwyer commented that he would prefer to have that information before making a decision to reduce or eliminate the Historical Society in the local landmark designation process. Commissioner MATTHEWS stated that he was opposed to anyone, other than the property owner, requesting historic designation for a property. He was also in favor of giving a new property owner the option to "opt out" of an existing historical designation on the property. He was in favor of an advisory board. Commissioner STEWART agreed that the property owner should be the only one to pursue historical designation. She suggested that City Council and the Historical Society work together to create an advisory body. Commissioner BRINKMAN was opposed to City Council pursuing historical designation on any property not owned by the City. Mr. Johnstone commented that this was the intent of the amendment and the wording would be changed to reflect that intent. Commissioner TIMMS commented that Section 3, paragraph D. did not include information regarding referrals from other agencies. Mr. Johnstone explained that the Community Development Department may administratively request referrals. Chair BRINKMAN asked to hear from members of the public. Planning Commission Minutes 2 July 17, 2008 Claudia Worth Wheat Ridge Historical Society Ms. Worth gave a brief history of the Wheat Ridge Historical Society since its creation by City Council in 1973. The Society has a contract with the city to perform such duties as taking care of historical artifacts and keeping the historical park open. The Society has nominated two properties since its inception (the Baugh property and the Olinger mansion). She stated that she helped the city attorney draft the original ordinance. She suggested that an amendment should be made on page two of the ordinance to include the State Register of Historic Places in addition to National Register of Historic Places. She was also in favor of requiring a super majority vote of Council. Commissioner STEWART asked if Ms. Worth envisioned the Historical Society serving as an official city board. Ms. Worth replied it would probably work. Charlotte Wetzel Wheat Ridge Historical Society In response to a question from Commissioner TIMMS, Ms. Wetzel stated that she is not in favor of the proposed changes because they were made as a result of animosity and good decisions are not made under those types of circumstances. Ken Johnstone stated that the city manager would be the person to apply for designation on behalf of a city-owned property unless City Council were designated to do so in the ordinance. Commissioner DWYER commented that there seemed to be a conflict of interest if City Council were to initiate a designation when it is also the body to vote on it. It was moved by Commissioner MATTHEWS to recommend approval of the proposed ordinance amending Article IX of chapter 26 of the Wheat Ridge Code of Laws concerning historic landmark designation. The motion died for lack of a second. It was moved by Commissioner STEWART and seconded by Commissioner DWYER to recommend denial of the proposed ordinance with a recommendation that City Council postpone hearing of an ordinance until such time as they can hold meetings with the Historical Society to work out a compromise where the Historical Society would become a city board or commission. The motion passed 3-2 with Commissioners BRINKMAN and MATTHEWS voting no and Commissioners CHILVERS, SCEZNEY and REINHART absent. Planning Commission Minutes 3 July 17, 2008 City of Wheatdge T COMMUNITY DEVELOPMENT PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 17, 2008 TITLE: AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORIC LANDMARK DESIGNATION CASE NO. ZOA-08-03 ® PUBLIC HEARING ❑ RESOLUTION ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Meredith Reckert Date of Preparation: July 9, 2008 This Case is: Quasi-judicial X_ Legislative Proper notice was given for this public hearing. SUMMARY: The attached ordinance amends the historic landmark designation regulations of the City which were adopted in 1997. All changes to Chapter 26 require review and a recommendation from the Planning Commission. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: At the June 2 City Council study session, Council directed staff to draft an ordinance making certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Council's direction was to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge Historical Society in the local landmark designation process. Council requested the draft ordinance be prepared for further consideration at the June 16 study session. At the June 16 study session, City Council reviewed the ordinance as drafted by staff and requested it be forwarded to City Council as a I st reading ordinance. The ordinance as drafted for 1 st reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or make recommendations for or against local historic landmark properties. It was also suggested that Staff consider modifications to the alteration permit process and removal of a designation. STATEMENT OF THE ISSUES: Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It establishes the procedures for designating local historic landmarks, including defining a role for the Wheat Ridge Historical Society in that designation process. The Historical Society is given three roles: 1) they have an ability to apply for a local historic landmark designation of a property or improvement; 2) upon application for a historic landmark designation, the City is required to refer said application to the Historical Society Board for review and comment; and 3) they are provided an opportunity to review and comment on any "major change" alteration permits for projects that have a local historic landmark status. The Historical Society also plays the sarne roles in the process for removing a historic landmark designation status from a property. The Wheat Ridge Historical Society is a local not for profit membership group. The membership of the group and the election of its board officers are established at the sole discretion of the Historical Society. The City has no role in establishing the board or the Society's membership. Typically, Boards and Commissions that have a role in making policy recommendations to City Council are appointed by the Mayor, City Council or a combination thereof. Staff is not aware of any other instances in the municipal code of laws where a body that is not appointed by the Mayor or City Council has a formal role in providing a recommendation to City Council or playing a role in an official City process. Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role in the official City processes and procedures pertaining the designation and regulation of local historic landmarks. The following minor modifications were also made: 1. Removal of references to the city "preservation specialist"; 2. Modification of City Council approval from ordinance to resolution; 3. Inclusion of a provision that upon change in property ownership of a city-designated historic landmark, the new owner may have the designation removed if no public financial assistance has been granted for exterior improvements related to the historic elements of the property. This case is scheduled for City Council public hearing on July 28, 2008. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article IX of Chapter 26 of the Wheat Ridge Code of Laws concerning historic landmark designation." Exhibit: 1. Proposed ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 12-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the City Council has previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws (the "Code"), concerning the designation of historical landmarks; and WHEREAS, the Council finds and determines that the role of the Wheat Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary; and WHEREAS, the Council wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-903 of the Code is amended by the deletion of the following two definitions: 26.903. Definitions. ,T, l ...,I- . i i i i th Cit f W t d i steric de for h d e FE)v heat R n e y o even s aR p aGes g , P events aRd places. EXHIBIT I Section 2. Section 26-904.13 of the Code is amended to read: B. The city, ll h '+h +h Wheat Ridge HistoF al c„ in its discretion, may write recommendations for such grants or monies and/OR assist property owners in applying for state or national historic designation. Section 3. Section 26-905 of the Code is amended to read: Sec. 26-905. Process for designation of historic landmark. A. Any individual structure or building within the city is eligible for designation as an historic landmark. B. 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. C. An application for historic designation may be submitted by the property owner. by a mernbeF of the Wheat Ridge HiStE)FOGal SE)Giety Be „#diFeGtGFS or by a member of city council. T app!:cctien shall be on a D€. Upon receipt of a AN APPLICATION, rPPnFArnRRdatlAR + RR; COMMUNITY DEVELOPMENT DEPARTMENT pFeservi ---:e^ special:°+. shall schedule a city council public hearing. sunh histerin des gRation applications. Notice of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with the requirements of section 26-109C., at least fifteen (15) days before the date of the public hearing. SuGhTHE notice shall state the time and place of -2- 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 r...rcr`y ewnp' files _ R written c)bjeGtFGR to the appliGati9R, G ty snidncil shall hold said heaFing Within fOFty Section 4. Section 26-906 of the Code is amended to read: Sec. 26-906. City council designation. A. Following public hearing, city council may designate by RESOLUTION 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 rpeornMPRelatiGn of thee Wheat Rid u teF Gal Society Beard of diFeeter-s the testimony and evidence presented at the public hearing and the following criteria: 1. 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 2. The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or b. Is identified with historic persons or with important events in national, state or local history; or c. 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 d. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized.; er e. is . ___....__..ded as an historiG landmark h the Wheat Ridge 6'I' + " I C"n'ety board of direGterc B. The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a. - 2.de., above, but need not find that all of those criteria are met. 3 C. 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. E. The CITY shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. demolition + + hoster'G Ia dmarL P'aRRlHg COMMUNITY DEVELOPMENT or publiG works depart No permit shall be issued or request granted TO CARRY OUT ANY NEW EXTERIOR 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 APPLICATON FOR HISTORIC DESIGNATION by said departments-before a landmark alteration permit has been issued-by either the ati specialist nGil or until a determination has been made by city council not to grant historic designation. Section 5. Section 26-908.A of the Code is amended to read: A. No person shall carry out or cause to be carried out on any historic landmark any EXTERIOR 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. -4- Section 6. Section 26-909 of the Code is amended to read: Sec. 26-909. Initial processing of applications for landmark alteration permits. A. Applications for a landmark alteration permit shall be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT preservation and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. B. Landmark alteration permit applications for minor changes shall be determined by the COMMUNITY DEVELOPMENT DIRECTOR pFeservatien sp n°^"°f in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. C. The COMMUNITY DEVELOPMENT DIRECTOR preservaatio„ speda:;st shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Section 7. Section 26-910 of the Code is amended to read: Sec. 26-910. Minor change landmark alteration permits. A. In determining whether to grant an application for a minor change landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR pFeservatien spec alts 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. B. IF THE OWNER MAY APPEAL THE A^" person aggrieved by a determination of the COMMUNITY DEVELOPMENT DIRECTOR pFeservatiGR spec alist to grant or deny a minor change landmark alteration permit may appeal such de'eFm;Rat;C)R to the city council within ten (10) working days of the date of the COMMUNITY DEVELOPMENT DIRECTOR'S pFeservation ° alist'° determination by filing an appeal with the office of the city clerk. SuGh appeal shall state the grounds appeal, Within thirty-five (35) days of the date the appeal is received inthe ffi^^ Af the, ^t the city council shall set a date for a hearing en h appeal, which hearing shall be held no later than sixty (60) days after the date the appeal is received. the affiee of the c+, m_^ager. The city council shall have the power to overrule the COMMUNITY DEVELOPMENT DIRECTOR'S preservation ^ iali°"° decision. by -a vete a ^ ority Of the Gity e G4. The determination of the city council following the appeal hearing shall vov a iithi forty five (45) days of the aFing and hall be aTHE final determination OF THE CITY.-fer purposes ef Rule 106, Gelerade Rules ef Givil ProGeduFe. 5 Section 8. Section 26-911 of the Code is amended to read: Sec. 26-911. Major change landmark alteration permits. R At the I of the h' + al 4 h aFd of directors meet's at to male a "mater ehange," t" + a' society of dir et °"°u ~ + .t G....neil a reee....._ndntien it ".t"ef grant 'dry y __ah f~O~R rl peFrnit. AS. The city council shall schedule a hearing on suoh major change landmark alteration permit applicationS. Notice of the hearing shall be as set forth in section 26-905D€., 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 26-905D€. 138. During the city council hearing t" a"ange 'aRdmark a{terat on peFMit city council shall consider the endct.GR of t.".p h:ctcr:ca! ___:et„ the evidence or testimony presented at hearing, and whether the proposed work will materially 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 ^cttif ° appliGant of its vote within fifteen (15) days of the datp of the vAte in WFiting, including the ..:j.,. hayam la Rdmark alteFat'a 'f the r'ty a_ _'I has , 1 e n"."....mit . Of the _a...._._ Section 9. Section 26-913 of the Code is amended to read: Sec. 26-913. Removal of historic designation. A. An application for removal of historic designation may be submitted by the owner of the property which holds such designation, by a member 9 +h Wheat Rid u'°tarGal Society board of ,dFeaor by a member of city council as in section 26-905C. The application shall be processed in the same manner as in section 26-905C. through 26-905D€., and section 26-906 except that the criteria for removal of historic designation shall be that: 1. 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; OR -6- 2. Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26- 906; OR 3. UPON A CHANGE IN OWNERSHIP, AT THE REQUEST OF THE NEW OWNER, BUT ONLY TO THE EXTENT PUBLIC FINANCIAL ASSISTANCE HAS NOT BEEN RECEIVED TO BENEFIT THE EXTERIOR HISTORIC ELEMENTS OF THE PROPERTY. B. 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. Section 10. Section 26-915 of the Code is amended to read: Sec. 26-915. Violations and penalties. A. Any person who is an owner as defined in section 26-903 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. B. Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) 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. C. The imposition of any penalty hereunder shall not preclude the city er any pFeper from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city eFaay greper perse+-may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 11. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 7 Section 12. Effective Date. This Ordinance shall take effect fifteen (15) 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 , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on July 17, 2008, at 7:00 p.m. with the CITY COUNCIL public hearing to be held on July 28, 2008, at 7:00 p.m. Public hearings are held in the City Council Chambers of the Municipal Building at 7500 West 29`" Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearings or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. ZOA-08-03: An ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historical landmark designation. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: July 10 2008 Page 1 of 1 Meredith Reckert From: Kenneth Johnstone Sent: Thursday, June 19, 2008 1:51 PM To: 'Gerald Dahl" Meredith Reckert Subject: Historic Preservation Ordinance I wanted to transmit my notes on the direction we received from City Council at Monday's study session. • Council supported the general approach of moving forward with the ordinance eliminating the Wheat Ridge Historical Society from the process of designating local historic landmarks, as presented in our draft ordinance. • Further, Council supported the idea of eliminating City Council's ability to nominate local historic landmarks. So, it becomes a purely voluntary property owner application process. CW Berry requested that with such a purely voluntary program we should probably take a look at the process for removing a local historic landmark designation and also the processes for obtaining major and minor alteration permits. I believe the thinking might be that with a purely voluntary program that offers no "carrots" such as grants or tax credits, we probably need to make those processes very streamlined and straightforward or we may never again get an application for a local landmark designation if all we have to offer is a plaque. In a subsequent conversation with the Mayor, we discussed very general options of how we might structure the alteration permit processes. The mayor asked whether those processes might becoming advisory only and not mandatory. He suggested that if they were advisory only, perhaps there could still be a role for the WRHS. We will need to make some amendments to the ordinance to get this on the agenda for a 1 SI reading on July 14th Packets for that meeting are due on Thursday, July 3. 1 will look for some time later next week where we can meet to discuss additional amendments so that we get a revised draft completed the week of June 30. Thanks. Ken Johnstone, AICP Director of Community Development City of Wheat Ridge, CO (303) 235-2844 6/20/2008 Page 1 of 1 Meredith Reckert From: Kenneth Johnstone Sent: Tuesday, June 17, 2008 11:55 AM To: Robbe Thibault; Patrick Goff Cc: Meredith Reckert; 'Gerald Dahl' Subject: Historic Preservation Ordinance Based on direction from City Council at last night's study session, there are some additional modifications that need to be made on the ordinance before being ready for a first reading. I will be working on those changes this week and will need to coordinate with Dahl's office. We would like to schedule the 1st reading for July 14, the Planning Commission hearing for July 17th and a July 28th City Council public hearing, which Meredith will be present for as I will be out of town. Please let me know if you have questions. Ken Johnstone, AICP Director of Community Development City of Wheat Ridge, CO (303) 235-2844 6/17/2008 Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: ROA0803 Quarter Section Map No.: Citywide Related Cases : Case History: mend code concerning - historical landmark designation Review Body: PC: 7/17/08 APN: 2nd Review Body: CC: 2nd Review Date: Decision-making Body: Approval/Denial Date: r"- Reso/Ordinance No.: Reckert ctive ..CC: Conditions of Approval: District:. Date Received: 6/10/2008. Pre-App Date: Page 1 of 1 Meredith Reckert From: Kenneth Johnstone Sent: Tuesday, June 03, 2008 2:49 PM To: Randy Young; Patrick Goff Cc: Gerald Dahl; Meredith Reckert Subject: Historic Preservation Ordinance Follow Up Flag: Follow up Flag Status: Red Attachments: 1st draft hist pres ord 6-3-08.doc Randy and Patrick, Attached is a 1st draft of an ordinance amending the City's Historic Preservation regulations as contained in Article IX of Section 26 of the Code of Laws. The City Attorney has drafted the ordinance to eliminate the Historical Society from the historic landmark designation process. One other recommended area of change in this draft relates to the elimination of the Preservation Officer (a position that has not generally been created or filled) with a more generic reference to the Community Development Department. As this is an amendment to Chapter 26, it will require a public hearing and recommendation from the Planning Commission. We have this calendared for a June 16 study session. As the packets for that meeting are due this Friday, we will not be able to conduct any research on other possible models for an additional review body. We may be able to do some research prior to the date of the study session, but generally I think we may wait to get general Council direction at the study session. Please let me know if you have additional questions. Ken Johnstone, AICP Director of Community Development City of Wheat Ridge, CO (303) 235-2844 6/10/2008