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File #: ORD 2019-010    Version: Name:
Type: Quasi-Judicial Ordinance Status: Passed
File created: 4/17/2019 In control: Town Council
On agenda: 6/4/2019 Final action: 6/4/2019
Title: Ordinance Removing the Local Landmarking Status at 302 and 304 N. Wilcox Street and Amending 15.64.060 to Remove 302 and 304 Wilcox Street from the Listing of Historic Landmarks (Second Reading - Approved on First Reading on May 21, 2019 by a vote of 6-1)
Attachments: 1. Staff Report, 2. Attachment A: Ordinance 2019-, 3. Attachment B: Ordinance 95-13, 4. Attachment C: Approved LAC for Facade Improvements, 5. Attachment D: Cultural Resource Survey, 6. Attachment E: Narrative from Applicant, 7. Attachment F: Letters of Support (DMA & DDA), 8. Staff Presentation - 1st Reading, 9. Applicant Presentation, 10. 2nd Reading Staff Report, 11. Attachment A: Ordinance 2nd Reading, 12. Staff Presentation - 2nd Reading
Related files: DRB 2019-020

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Bill Detweiler, Director, Development Services

 

From:                     Julie Kirkpatrick, PLA, ASLA, Long Range Project Manager

 

Title

Ordinance Removing the Local Landmarking Status at 302 and 304 N. Wilcox Street and Amending 15.64.060 to Remove 302 and 304 Wilcox Street from the Listing of Historic Landmarks (Second Reading - Approved on First Reading on May 21, 2019 by a vote of 6-1)

Body

______________________________________________________________________

 

PUBLIC HEARING

 

Ordinance Removing the Local Landmarking Status at 302 and 304 N. Wilcox Street and Amending 15.64.060 to Remove 302 and 304 Wilcox Street from the Listing of Historic Landmarks (Second Reading - Approved on First Reading on May 21, 2019 by a vote of 6-1).

 

The Town Council will now consider a request for the approval of an Ordinance Removing the Local Landmarking Status at 302 and 304 N. Wilcox Street and Amending 15.64.060 to Remove 302 and 304 Wilcox Street from the Listing of Historic Landmarks (Second Reading - Approved on First Reading on May 21, 2019 by a vote of 6-1).

 

In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.  

 

It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing. 

 

Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.

Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?

 

The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:

                     Staff Report:                      as needed

                     Applicant Presentation:                      as needed

                     Public Comment:                      as needed

                     Applicant Response                       as needed

                     Council Questions:                       as needed

                     Follow-up Questions:                      as needed

 

Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).

 

Mr. Detweiler, the staff introduction please

 

(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)

 

Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action? 

 

I now close the public hearing and refer this to Council for discussion and action.

 

 

 

 

AGENDA MEMORANDUM

 

 

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Bill Detweiler, Director, Development Services

 

From:                     Julie Kirkpatrick, PLA, ASLA, Long Range Project Manager

 

Title:                     Ordinance Removing the Local Landmarking Status at 302 and 304 N. Wilcox Street and Amending 15.64.060 to Remove 302 and 304 Wilcox Street from the Listing of Historic Landmarks (Second Reading - Approved on First Reading on May 21, 2019 by a vote of 6-1)

 

 

Executive Summary

 

On May 21, Town Council voted 6-1 to remove the landmark status at 302 and 304 N. Wilcox Street on first reading.  Milestone Properties, LLC, the current property owner of 302 N. Wilcox Street, has submitted a request to remove the Landmarking status on the property to allow for the renovation of the exterior façade of this locally landmarked building. The proposed exterior renovations required consideration by the Historic Preservation Board for removal of the Landmarking status on this property.  On May 1st, the Historic Preservation Board made a recommendation to Town Council to remove the Landmarking status.  Town Council will make the final decision on whether or not to remove the local Landmarking status (Attachment A).  No other properties in the Town have been considered for removal of the Landmarking status.

 

Staff Analysis

 

This independent staff analysis takes into account the representations made in the application and attachments submitted to date.

 

Section 15.64.100.B

1.                     Does the property no longer meet the criteria for Landmark status under Section 15.64.080?

 

Section 15.64.080.C

Criteria for Landmark designation. Structures and sites that meet two or more of the following criteria for Significance and convey one or more of the following aspects of Historic Integrity may be nominated for Landmark designation [criteria listed above].

 

The Cultural Resource Survey completed in 2017 by Barbara Darden, Scheuber + Darden Architects, states that the property is eligible for local landmark designation (Attachment D).  The façade has not changed since the completion of that survey.  Specifically, the property meets the Architecture (c.) and Age (f.) under the “Significance” criteria and the Location (a.), Setting (c.), Workmanship (e.), Feeling (f.), and Association (g.) of the “Historic Integrity” criteria.

 

Section 15.64.100.B

2.                     Will the effect of removing the Landmark status be positive or negative on adjacent properties or the downtown district?

 

The second criterion is based on the effect of removing the Landmarking status on adjacent properties or the downtown district.  In this regard, the applicant has provided feedback from 6 business owners who have indicated that the removal of the Landmarking status will have a positive effect on their business and the downtown district (Attachment E).  The question of whether or not removing the Landmarking status will be positive or negative on adjacent properties or the downtown district is a determination for the Historic Preservation Board, as a recommending body, and Town Council, as the final decision making body, based on the applicant’s presentation with respect to criterion number 2 both in the application and at each hearing.

   

Historic Preservation Board Recommendation

 

The Historic Preservation Board voted 5-1 to recommend to Town Council that the Landmarking status be removed.  The Board found that the property did not have historical significance to Castle Rock and the removal of Landmarking status would be positive on adjacent properties and the downtown district, specifically because the existing stucco façade is not compatible with the rhyolite, brick, and wood facades found on the 300 block of N. Wilcox Street, both presently and historically.  Additionally, removing the Landmarking status to allow a new façade would help to change the negative stigma associated with past businesses at the property.

 

Motion Options

 

Option 1: Approve Removal of Landmark Status

I move to approve the Ordinance, as introduced by title.

 

Option 2: Approve Removal of Landmark Status with Conditions

I move to approve the Ordinance, as introduced by title, with the following conditions: (list conditions)

 

Option 3: Recommend Denial of the Landmark Status Removal

I move to deny the Ordinance, as introduced by title, based on the following findings: (list reasons for denial based on criteria)

 

Option 4: Continue item to next hearing (need more information to make decision)

I move to continue this item to the next regular Town Council meeting on June 18, 2019.

 

Attachments

 

Attachment A:                     Ordinance 2019-010

Attachment B:   Ordinance 95-31

Attachment C:   Approved LAC for Façade Improvements

Attachment D:                     Cultural Resource Survey

Attachment E:   Narrative from Applicant

Attachment F:    Letters of Support (DMA & DDA)