To: Honorable Mayor and Members of Town Council
From: Bill Detweiler, Director of Development Services
Title
Ordinance: Amending Section 17.42.070.C of the Castle Rock Municipal Code Regarding the Criteria for Increasing Building Heights in the Downtown Overlay District (Second Reading)
Body
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Executive Summary
Staff made adjustments to Ordinance language between first and second reading to reflect Council direction on first reading. Section C.1 was removed and Sections C.2 and C.3 were modified for clarity (see attached ordinance). Following Council action on second reading, staff will provide updates to the Design Review Board, Historic Preservation Board and Downtown Development Authority.
Town and DDA staff received feedback about the Downtown Overlay District (DOD) code section that requires investment in landmarked properties when seeking additional building height in the core or north or south districts. Based upon feedback, the existing language is undefined, confusing and in some cases causes conflict between the development community and staff. Staff reviewed the code language and suggests that changes are necessary to ensure consistency with the Downtown Master Plan.
History of Past Town Council, Boards & Commissions or Other Discussions
Council approved the Downtown Overlay District (DOD) to encourage investment in downtown and the DOD boundary matches the Downtown Development Authority (DDA) boundary to ensure consistency. The DOD includes an advisory Board, the Design Review Board (DRB) that has authority to review and approve building façade design, site plans and grant variances on building setbacks, building height and landscape standards. All DRB decisions can be appealed to Town Council. The seven-member DRB consists of representation from the DDA, Planning Commission and Historic Preservation Board and downtown property owners.
The DOD sets a maximum building height of 4-stories or 60 feet in the downtown core and a building height of 6-stories with no maximum height in the north and south districts. The DRB may consider the addition of one extra floor (5-story building) in the downtown core and two additional floors (8-story building) in the north and south districts using the following code section as a guide:
17.42.070 - Crown design and building height.
C.
A landowner may request one additional floor (with the corresponding increase in building height) in the Downtown Core District, or two additional floors in the North and South Districts through the Board. The Board, at its discretion, may grant an additional floor request after considering the following criteria:
1. Whether the project developer has committed to restore or fund the restoration of a Landmarked structure (as defined in Section 15.64.060 <https://www.municode.com/library/co/castle_rock/codes/municipal_code?nodeId=TIT15BUCOPUIM_ARTVIHIPR_CH15.64HIPR_15.64.060TOCAROHILA>, CRMC).
2. The project will incorporate a Landmarked structure into its design.
3. The impacts of the increased building height on adjacent properties are taken into consideration.
*** Section 15.64.060 referenced above lists the historic landmark structures approved by Council in the downtown area.***
Staff presented this issue to the DRB, Historic Preservation Board and the DDA. All three Boards agreed with staff that the code language was confusing and could lead to inconsistency. Recommended changes to the code language differed:
- The Design Review Board found landmarked property language should be amended, but did not reach consensus on the best method to resolve the issue. The DRB did however express concern with the overall code language and the Boards ability to use design guidelines for action on architectural design and site plans.
- The Historic Preservation Board found the landmarked property language should be amended and voted unanimously to recommend that the entire section related to landmarked properties be removed from the code. The Board decision was based on the finding that no increase in building height above 4-stories in the core or 6-stories in the north and south districts should occur because an increase in height is not in keeping with the character of the downtown area.
- The Downtown Development Authority found the landmarked property language should be amended voted unanimously to recommend that only the first statement related to “restore or fund the restoration” language be removed from the code and found the other two sections should remain related to “incorporating a landmarked structure into the design” and “increased building height on adjacent properties are taken into consideration.”
Discussion
The DOD language related to “restore or fund the restoration of a Landmarked structure” lacks clarity regarding the amount or type of financial investment needed to improve or preserve landmarked buildings. This leads to confusion for the development community in terms of certainty and predictability and makes it difficult for staff and the DRB members to interpret code language consistently.
The initial goal behind the DOD building height limitation centered on community character. The DOD criteria for investment in landmarked buildings is based upon the theme that an increase in building height may change the character of existing downtown areas and therefore required an equal effort to maintain and enhance existing landmarked buildings. However, lack of clarity in the ordinance language has led to a variety of responses and discussions and none of the discussions to date have achieved the underlying goal to preserve landmarked properties.
Given recent discussions among staff, investment teams and potential downtown development teams, staff offers there are numerous federal, state and historic preservation funding programs available to encourage investment in landmarked properties. Staff suggests the Town explore such alternative funding sources and provide options for Council, DDA and DRB consideration.
Staff Recommendation
Staff, based upon Council, development community and Board and Commission input recommends amending the DOD ordinance language to remove the first statement related to “restore or fund the restoration”, and modify statements 2 & 3:
17.42.070 - Crown design and building height.
Existing DOD ordinance language reads as follows:
C.
A landowner may request one additional floor (with the corresponding increase in building height) in the Downtown Core District, or two additional floors in the North and South Districts through the Board. The Board, at its discretion, may grant an additional floor request after considering the following criteria:
1. Whether the project developer has committed to restore or fund the restoration of a Landmarked structure (as defined in Section 15.64.060 <https://www.municode.com/library/co/castle_rock/codes/municipal_code?nodeId=TIT15BUCOPUIM_ARTVIHIPR_CH15.64HIPR_15.64.060TOCAROHILA>, CRMC).
2. Whether the project will incorporate a Landmarked structure into its design.
3. The impacts of the increased building height on adjacent properties.
Recommendation is to remove and rewrite the DOD ordinance language for Section C. 1 & 2 as follows:
1. Whether the project will incorporate design elements found in adjacent Landmark structures; and
2. The impacts of the increased building height on adjacent properties.
The proposed language will maintain DRB analysis and decision making on additional building height and take into account impacts on landmarked properties if they are adjacent to or part of the proposed new building plan.
In addition, staff recommends that Council direct staff to research and identify optional funding programs for historic preservation and explore use of TIF to create and replenish a historic preservation fund within the DDA boundary. Staff offers those options will maintain the goal of the DOD ordinance while incorporating flexibility and clarity of ordinance interpretation.
Proposed Motion
I move to approve Ordinance approving Amending Section 17.42.070.C of the Castle Rock Municipal Code Regarding the Criteria for Increasing Building Heights in the Downtown Overlay District.
Attachments
Attachment A: Ordinance