Landmark Ordinance Task Force - denvergov.org · 11,,Wori>J -I) $ Economic Hardship Not a review of the property owner’s financial ability to repair the building. FOR CllY SERVICES

Landmark Ordinance

Task Force

Meeting 8

November 13, 2018

FOR CllY SERVICES VISIT I CALL

DenverGov.org 311

• Demo-by-Neglect

• Economic Hardship

• Residents only

• Public Comments

• Housekeeping

• Summary of Minor Edits


DenverGov.org 311

Demolition by Neglect

Demo-by-Neglect

• Failure to maintain a historic structure over a prolonged period of time and the structure becomes threatened

– Lack of maintenance may be deliberate

• Owner hopes to obtain permission to demolish the structure on public safety or economic hardship grounds

– Lack of maintenance may be beyond control of property owner

• Some property owners cannot afford routine maintenance and the building is neglected unintentionally

Demo-by-Neglect

• Typically cities with developed preservation programs define this term

– San Antonio, Washington DC, Seattle, Madison, Fort Collins

• Key components

– Define what it is

– How identified

– How reviewed

– How enforced

San Antonio

• Identification

– Landmark staff assigned districts

– Periodic sweeps through districts

• Process/enforcement

– Work with property owner first and then enforcement King William Historic District

• Investment properties left vacant

– Often large, downtown buildings

– optionsExamination of affordable housing

La Villita Historic District

Washington DC

Demolition by neglect means neglect in maintaining, repairing, or securing an historic landmark or a building or structure in an historic district that results in deterioration of an exterior feature of the building or structure or the loss of the structural integrity of the building or structure.

All such buildings or structures shall be preserved against such decay and deterioration and free from structural defects through prompt corrections of any of the following defects:

1. Facades which may fall and injure persons or property;

2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

3. Members of ceilings, roofs, ceiling and roof supports or other horizontal member which sag, split or buckle due to defective material or deterioration;

4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;

5. Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; or

6. Any fault or defect in the building which renders it not properly watertight or structurally unsafe

Georgetown Historic District

Denver

• Review done by other city departments/agencies – Zoning Neighborhood Inspection Services

• Zoning Code and DRMC compliance

• Verify if neglected and derelict – If needed, board-up first floor or easily accessible upper-floor windows

– Neglected and Derelict Buildings program (ZNIS) • Must be unoccupied

• Specific process for enforcement, notifications, posting

• Required remedial plan

– Department of Public Health and Environment (DPHE) • Occupied buildings

• Health hazards – rodents or pests, unsafe living conditions

• Specific enforcement process

– Building Department (CPD Development Services) • Unsafe or structurally unsound buildings

Demo-by-Neglect

• Sec. 30-8. - Minimum maintenance of designated structures for preservation and structures in districts for preservation.

– Structures designated for preservation or structures in districts designated for preservation shall be preserved against decay and deterioration and kept free from structural defects by the owner thereof or such other person or persons who may have legal custody and control.

• Sec. 30-9. Enforcement and Chapter 12-20

– Authorizes ZNIS to enforce Landmark Preservation requirements

RESIDENTIAL HEAL TH

&~~~ Appr Yals

Chair, Board of Enviromnenaal Health

Adopted

Manager, Depanment of En vironmenta l Health

Demo-by-Neglect

• Define

– Preserved against decay and deterioration

– Kept free from structural defects

– Base on language from other city agencies

• Environment Health Rules and Regs

• Zoning Neighborhood Inspection Services

• Denver Zoning Code

• Denver Amendments to the Building Code

Preserved from

Decay and Deterioration

• Building shall

– Be maintained in sound condition, good repair, and be secure

– Not permit the entry of weather, pests, or vermin or permit the loss of heat

– Be free from water infiltration or erosions

– Be free from loose or peeling paint that is causing material degradation

– May include

• Roofing, foundation, windows, doors, cladding and course work, architectural elements, drainage, accessory structures

Kept Free from

Structural defects

• Building shall

– Be maintained in a sound condition and good

repair

– Be free from holes, cracks, breaks, and decay

– Be free from bulges, shifting of materials, or

loose material, which might fall or collapse

– May include

• Roofing, foundation, windows, doors, cladding and

course work, architectural elements, drainage,

accessory structures

Demo-by-Neglect

• Enforcement through existing policies and staff

– Identified by community

• 311 or contact Landmark staff

• ZNIS

– Landmark inspector

• Work with Landmark staff prior to formal enforcement process

• Citations and notice of violations

– Applicant submit to Landmark staff

• Administrative or LPC review


DenverGov.org 311

Economic Hardship


DenverGov.org 311

Economic Hardship

• Will the requirements of the Landmark Preservation Commission deny all reasonable and beneficial use, or economic return from the property?

• It is a review of the economic feasibility to reuse and rehabilitate the property

• Not a review of self-imposed hardships, such as – Demolition by neglect by current owner

– Deferred maintenance by current owner

– Risky investments by current owner, lack of due diligence, or inopportune economic climate

– Materials or design of elective alterations by owner

Economic Hardship

Basically, is the building so structurally

unstable or are the materials it is built with in

such irreparable condition that it no longer

makes economic sense to retain the building?

Personal Financial Statement "~e I Md•'< 1=.. ·o

&.'I!:~! I ec, I"'"' 0: I~"" Md.~~ Cede

h.c-:-e I lu::Sie"t.Oe I H"e-A•Lc-gk. ~c -e N',o 0... D fie-! D a,., D R"e,e,,,J.44-e=."' -- '!'c.m - 1.la:~

0-..0.iµS:-

' I c,.,..':,,_5-;c,..

~I \ 0..-de td -e~) I ~ewt.e·g L

6-i;,c.1e •" Ye~ __ fJo-h

e-7:-=·. ' I 'J • ....i D Sr.g'< D s,F,,,i,• D

'e..~ S'r..g •Gbdeo!i C-.c1'0ed k '-I .. I r\ ? 0-C'e;,e:nderu ___

, ~,. Pmq:<I i'r:• ·ool

' / ~rk.eA:fd~:!3

' / Personal Data On Your Spous~

~~ 1J1.d'e·te lew,C.CC.e;~at': e ~n::• ce-', JQJ! ; ;z:;1 r-~:.ie ~C901r:~.'e';c,d:1g: X,11 .::it:11tg i".:- ,c-.1 ~>J:Ye.!! deai,&dn5J~ r, ~.c o!r r.~ se:Sr-y:!SI • e.!!e:,

'Sp;l.f.!le., -,- e ~ d•'< / ,..., !..-"i",!,*0e ~O-

O:~ • d / n ,:,v., i..c · g ,,

~ .:!.X · V 6'1Flc __ Ve,r- __ Mc+...: e,r· "e t.d',h .~ ) lJc.-:dt!

' / Financial Information ' / Assets

o.i:i. ..... · a Ve:!10'f!e u LiabHitiesV

La V'efl.1 t;e;,:i..,_ ""'?'=,,,i..r.e:! u--.Ji:dl W..d OJ:iet ~ite! ~c1.c:IJ'!.rg ,_..e \/ /a,<, kdO-JclS.:::d)

V, !-< ,,, 8 ; ::.a.i:a,a~ .llo!di.y!'II'.:

r,;.10.~• t.g- ~ ..=,U! $ a,-.,. t.e/f "" . .

c'~ S! ,g-, & __.!fl oe-..ll . ~ "!!. r.re-t,;~ e.: (~"' , e o, . .

1Je ~'..•a.1~ . ~>i,v,:..."e (!l!C ~ ed Je . ~ ~ -..s e.,:e¢C«:dl

" . •

C, Pa,;., , )

A.'J:-ceie U& r.Ede'' Ve.:/ . / C., Lc...., .._ . . S:l::de: & &.~.., \S,ee Sd\ed-l.e 4 ?:1e ~

. / PJc · :") R.e·! ~ t .

' .

..C:0:--I" ':!a"IC~-' M <Z~~ -: y C~

I of c,,., r=-,.l .. ';C,"'!"l tre)

y $ .

" .

/ . $ .

"" .

fv!,!jei.* 0.\ ed(Se:e St:J,.ed6~ e 2j .

$ •

" •

- - e." ~laJ!r~ (e..g r ) • Cf.'- e·Ct -=-X "t: ~'::>e-=~ . •l "'1111 ~ C&.t'~t!I ~.,e,cli'G:.,,,. Ex: ) . • • 0Jte·.:Ce.X1i:ej • • $

Or.e•pex.i:-e) . ~)JN Y•""-¥U•~ $

To-.,U om, f) . To-al t...llilit-, fl) $

11,, Wori>J - I) $

Economic Hardship

Not a review of the

property owner’s

financial ability to

repair the building.


DenverGov.org 311

Economic Hardship

Proposed updates to 30-6(8) and 30-2

• Add a definition of economic hardship in 30-2

• Clarify language about economic hardship in 30-6(8)

• Add a few additional pieces of information required for the

application

• Introduce language about how LPC makes their

determination of economic hardship

Economic Hardship

30-6(8) Procedure to demonstrate economic hardship.

• “The notice of intent to initiate the procedure shall be given to the commission within thirty (30) days of the denial of the application to alter or demolish.” – 30-2 definition: “Alteration shall mean any act or process

which changes one (1) or more of the exterior architectural features of a designated structure for preservation or district for preservation.”

– Rehabilitation as defined by National Park Service: “The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.”

• Propose to change “alter” to “rehabilitate”

Economic Hardship

Information currently required in 30-6(8)(a):

• A cost estimate for proposed work (that was denied by LPC)

• A cost estimate for proposed work that complies with LPC requirements

• Estimated market value of property in current condition

• Estimated market value of property after demolition or rehabilitation

• Assessment of structural condition of property and suitability for rehabilitation

• Amount paid for property, date of purchase, name of seller and purchaser, and relationship (if any) between the seller and purchaser

• Appraisals done within past 2 years

• Sale or lease listings, including price and written offers, within past 2 years

• Current property assessment

• Real-estate taxes for past 2 years

• For demolition: a proposal for a replacement structure and financial proof of ability to complete the replacement

• For income-producing property: annual gross income of property for past 2 years, itemized operating and maintenance expenses for past 2 years.

Preservation Tax Incentives

A ,. 11,.tor-•IP,trkS,e,v,ce l S tJS o~rt'ffle"'of ' ""1"1'enor · "" ·~--

• ~ Tl!d'Vtlc.;it ~;rtior, !i,e,v1tP1

HISTORY

STATE HISTORICAL FUND

Economic Hardship

Proposed changes to 30-6(8)(a):

• Appraisals done within past 2 years – at least one

appraisal must be provided

• Add: The form of ownership or operation of the

property, whether a sole-proprietorship, for-profit

entity, non-profit entity, LP, LLC, etc.

• Add: Economic incentives and available funding,

including state and/or federal tax credits, grants, and

private funding.

Economic Hardship

30-6(8)(b) - Add how LPC makes its determination:

In considering the economic hardship application, the commission shall assess whether the requirements set forth by the commission deny all reasonable and beneficial use, or economic return from the property. Factors to be considered by the commission include but are not limited to:

• A substantial decrease in the fair market value of the property as a result of the denial of the certificate of appropriateness or demolition;

• A substantial decrease in the financial return to owners of record or other investors in the property as a result of the denial of the certificate of appropriateness or demolition;

• The structural soundness of any structures on the property and their suitability for restoration or rehabilitation;

• The economic feasibility of restoration, rehabilitation or reuse of the existing structure or improvement on the property in the case of a proposed demolition.


DenverGov.org 311

Economic Hardship

Add 30-6(8)(c) (or similar):

Demonstration of economic hardship by the owner shall not be based on conditions caused by or resulting from any of the following:

• The current economic climate

• Willful or negligent acts by the owner

• Purchasing the property for substantially more than market value

• Failure to perform normal maintenance and repairs, including tenant improvements for income-producing properties

• Failure to diligently solicit and retain tenants or buyers

• Failure to prescribe a lease or sale amount which is reasonable

• Purchasing the property without performing due diligence, including obtaining cost estimates for rehabilitation and repair of the property from an architect, engineer or contractor with experience rehabilitating historic properties.


DenverGov.org 311

Economic Hardship

Summary:

• Clarify what economic hardship is and what

it is not

• Clarify how LPC makes its determination

• Add important application materials that will

help LPC make its determination


DenverGov.org 311

Residents Only - Designations

Residents Only

• 30-4(1) - Application for designation shall be submitted… a) By the owner or owners of the property or

properties to be designated;

b) By the manager of community planning and development;

c) By a member or members of city council;

d) By non-owners of the property or properties to be designated, in which case the application must be submitted by at least three (3) persons who are residents or owners of property in the City and County of Denver, or have a place of business in the City and County of Denver.

Residents Only

• 30-4(1) - Application for designation shall be submitted… a) By the owner or owners of the property or

properties to be designated;

b) By the manager of community planning and development;

c) By a member or members of city council;

d) By non-owners of the property or properties to be designated, in which case the application must be submitted by at least three (3) persons who are residents of or owners of property in the City and County of Denver, or have a place of business in the City and County of Denver.


DenverGov.org 311

Public Comments - Designations

Public Comments

• Landmark Designation cases

– Historic districts

• Typical forms/sources of public comment

– Mail to Landmark or project lead

– Email Landmark or project lead

– Email or contact CPD/zoning/management/311

– Email city council members

– Multiple comments from same individual

– Petitions supporting and not supporting

Public Comments

• Landmark compiles public comment before: – LPC public hearing

– Planning Board meeting

– City Council committee meeting - LUTI

– City Council public hearing

• LPC public comment policy – 5:00pm 11 days prior to public hearing to be

included in LPC packet • Friday before the Tuesday morning mail out

– 12:00pm day before public hearing • Comments emailed to LPC and hard copy at meeting

Public Comments

• Planning Board public comment policy – 5:00pm nine days prior to meeting to be included in PB

packet

– 12:00pm day before meeting, comments emailed to PB

• City Council meetings public comment – CPD accepts public comments until 12:00pm, the Thursday

before meeting

– CPD staff writes staff report and compiles comments for CC • Deadline for staff report is 12:00pm the Thursday before meeting

• Proposed CPD public comment deadline –

deadline5:00pm Wednesday before the Thursday CC staff report


DenverGov.org 311

Public Comments

• Use survey database – Used to solicit public comment for Denveright

• Consistent with CPD public comments

• Available in multiple languages

• Provides mapping and querying capabilities

• Public Comment Fields – Name

– Address or drop point on map

– Five-point scale • Strongly support, somewhat support, no opinion/unsure, somewhat

against, strongly against

– Written comments

Preservation: Sample Public Comment Form

Please use this form to submit your comments on the [Histor ic District Name] designation. All comments will be careful ly reviewed by the Landmark Preservation team and provided to City Counci l.

For any questions or technical difficu lt ies w ith the survey, please email [email protected]

" Wt;;HARVARO ... VE ~

!; WHILUIDEtv[

3 •

College View

WWU(RAVE

• "

" i WCORNEllAVE;

11 ; ~ ~-""""

l'OENAVE WHAMPOENA~VE W~Jt,.~

285 § -_-- 285

WGI RTONPLti

WGIRAROAVEI

WHAMIL@ L

" I i W WAR RrN A Vi

"

I

WCORNEllAVE i: :::. ~

t; ~ ~ ~ w DARTMOUTH AVE

" z "' ~ t:

: AIU(ANSASAV~

E YALE AVE

a

! d

. ~ •i ~ i ;

,- ~ ~ ~([ASTMANl,VE O

~

" EGIRAROAVE z

~ EHAMPDENAVE

a z z

~ "I...

EEVANSAvEUmversityo ~ Denver

a "

i

~ iE\/ASSARAII(

! ~ ~ ~ ~ EYALEAVE~ ~ !

• EAMHERS"TAY(;

• f

~

i ~ "'EILIFFAVE

" . EHARVAROAV[ ::E

~ ~

~

E0,OTM0UTHPl~

HP "

.-,,,.-1:--0+

'>r;;cOLI.I~

£HAMPDE N

Public Comments


DenverGov.org 311

Housekeeping

Housekeeping

• 30-6(5)(d)

• Upon approval of a permit, a certificate of appropriateness

shall be issued which shall state the approved work and any

conditions to said approval. A copy of the certificate shall be

displayed along with and in the same manner as any

building permits issued for the same work. The certificate of

appropriateness shall be valid for three (3) years from the

date of issuance. If construction has not started within said

three-year period the applicant must submit a new

application.

Housekeeping

• 30-6(5)(d)

• Upon approval of a permit, a certificate of appropriateness

shall be issued which shall state the approved work and any

conditions to said approval. A copy of the certificate shall be

displayed along with and in the same manner as any

building permits issued for the same work. The certificate of

appropriateness shall be valid for three (3) years from the

original date of issuance not including revisions. If there is

not an active construction permit or construction has not

started within said three-year period, and there are

substantial changes to the project or changes to relevant

guidelines, the applicant must submit a new application.


DenverGov.org 311

Housekeeping

• Review of Projects

• Sec. 30-6(5)

– The commission shall base reviews of

applications on adopted standards, policies, and

guidelines….The commission shall take action

on the application within thirty (30) days of

receipt of all information requested by the

commission or commission staff.


DenverGov.org 311

Housekeeping

• Consistency with Planning Services boards

– No review times

• Planning Board

• Arapahoe Square Design Advisory Board

• Board of Adjustment

– No review times

• Consistency with other CPD reviews • Zoning Permit Review with Informational Notice (ZPIN)

– No review times

• Zoning Code interpretations by Zoning Administrator

– 30 day staff review upon receipt of complete application

MEETING AGE NOA Landmark Pr•••rvatlon Commlnlon 1:00p m., Tuesday, OCtob~ 16•, 2018at 20l W. Cottal(Ave ., room 4 F.6

Call to Order

Mff~ Reconlt kw apptoval-

Publlc Comment fllmited t.o 2 mlnutH per tpeaker)

c.on .. ntAc•nd• ~ l1fl! routlM dr$lfln rewr"Wltrms wnlch mttt rite des.tr,i and guklrinr, andllfl! ff'COffl~/w Commlufon O()IIH)'IOI wtrhour diKusslott. ~ Commls5'otl mtmWwnrn,unr rhof on /lemon rhe ConKntAgendo'"°""101heDeslpt!RevkwAQrndo.

Krystal MorqurJ 2011-COA-166 41 W l1yaud Awenue Dnalpllon:ADU

/CrystaJMorqurJ 2GlS-COA.,S,2 2545StoutStrttt -ADU BrccoDknd!ow 2011-COA.-J71 339SVA.wenue

Oesulprlon: Zone LOI A.mendmenl

KotoHohn 2017-T.UC-011 J6Jl[ut.,.Aft

Oewlptlon: T._.Credl!P11111

kfllllfttC~lo 20JS-COA.-07 lUOOWAlamed1,t,;wv - RadRocb Dnaiptlon: Struttwat Stabliulion ofSe;allng AIH

PublicHnrlnp

Kora Hohn 2011L.oo9 2600 Mltwaukn, Handanon liouse ON(:11pllon: Landmark ~ l ion Appkii tlon ~Apptc,nl

Brittan,, 8'),ont 2011-lMOt:M0-461 26SO Well°" Slrffl - Rostonlan Oncrlpllon: ~ or more roof dnnollt lon

~11on: Aw,owll

/Ctystof Morqu,e1 Downt-1ii1tori( Olstrkt Tu bbate ApplleatloN 6, 8tt(o OIMdtow Description: 2018 ~llloM 10 the Office of the Controller

Dffl1nR.....,Pro;.cu rhrK•e lrfflll dtot ,tqlli,e lndMdllOl~IIOOl'I br !hr C°""""'skwl.

Oftcr1Pllon: Rehablil:1t10,1.t0oftop.ddltion. Anne• altc11tlonJ ~lon:~w!thConditlons

Jennifr,Cawrtc, 2011.cOA~ ZU5WJZ--A,,...,...-C.,rdem.t St. Ul11b.th Oftcrlptic,n: lnfil-~OetaWsolMemoly-C-W.,. R~lon;~al

~ctwmmon 2011-C~U'2SCltytonScrM(

Ontriptjgn: AttilchedG.f"IIIC R~; AwforvMw!thConditkJns

&-lltonyBr)unt Z011.cOA-Jt7 ZU7Wlllton5trMt Oncf\pllon: lleMblliullon ~ion;Awfc,qlwlthCondtionl

BrlfranyBr)vt,r zo1a-co,...sss ztSIN~krMt l)ncrlpllon: Potth, ~•Win. & ~ ....... W .. Vk:IIRlonl ~lion; Approwal with Condlllora

&lrrony&)ionr Z0lt<OA-UC 2t5bMOtk5trfft

Oftc:~lon: Ph.tse +- MiH•. f orm. & Con!UI for lnfll

~lon:~MnhCordllon,

Jn'!JWll/k l0lt<OA-S95 .-.twn.onStrM'I Oncf\pllon: Roof tile replKement 11.ecomrMnditlon: Appro,,MwllhConcldont

kw~i!' 2011-COA-Jt& 25-UC\H'lltSlffft

Onalpllon; TOIM.....,...,., rec,lacement

Recomnwndillon: ~lolt

.Ablgo6CJ,rislm0n Z0IH0MIJ Z610C\H'llt5trNt Oncrlpllon:PotchwloliUon R~lon:~

Housekeeping

• Quorum issues

• Weather closures

• Unforeseen events

• Meeting volume

• Proposing action

within 60 days

• Landmark staff,

LPC, LDDRB


DenverGov.org 311

Minor Changes

Summary of

Minor Changes

• Clarify, remove, or streamline

– Remove references to LPC secretary

– Remove lists of specific LPC committees

– Remove LPC certification of new LDDRB members

– Extend LPC and LDDRB interim terms from 90 to 120 days

– Remove public hearing requirement from excess parking review in Lower Downtown

– Clarify that upon submittal of designation, hold on demo review until City Council action

code – Make reconstruction allowance consistent with zoning

Summary of

Minor Changes

• Consistency throughout ordinance

– Description of design review by LPC and LDDRB

– Noticing for LPC and LDDRB meetings

– References to days for Demo and CNHS review

– How LPC makes determinations for contributing and non-contributing buildings

• Language cleanups

– Historic and Physical Integrity

– Historic or Physical Integrity

Documents

Landmark Ordinance Task Force - denvergov.org · 11,,Wori>J -I) $ Economic Hardship Not a review of the property owner’s financial ability to repair the building. FOR CllY SERVICES