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06.08.15 Regulation Clarifying the Process Provided in Section 9-11-231 Regulation Clarifying the Process Provided in Section 9-11-23(d)- 6.8.2015 LANDMARKS BOARD CITY OF BOULDER, COLORADO Regulation Clarifying the Process Provided in Section 9-11-23(d), B.R.C. 1981, for the Review of Permit Applications for Demolition, On-Site Relocation and Off-Site Relocation of Buildings That Are Over Fifty Years Old 1. Purpose and Scope of this Rule. This rule describes and interprets the process for the review of applications for full or partial demolition or building relocation for buildings that are over fifty years old as provided in Section 9-11-23, B.R.C. 1981. Section 9-11-23, B.R.C. 1981 does not apply to buildings that have been previously designated as individual landmarks or are located within historic districts. The review of permit applications for demolition, on-site relocation and off-site relocation of buildings that are over fifty years old is intended to prevent the loss of buildings that may have historic or architectural significance. It also provides the time necessary to initiate designation as an individual landmark or to consider alternatives to demolition of the building. These rules describe the process of making preliminary determinations as to whether a property may be a historic resource and aid in determining whether the proposed alterations that meet the definition of “demolition” (historic) in Chapter 9-16 of the B.R.C. 1981 would have a significant impact or potential detrimental effect on the city’s historic resources and whether any proposed additions to that resource would be significantly inconsistent with the standards for issuance of a landmark alteration certificate. This preliminary review process is not intended to be a detailed assessment against the city’s design guidelines for designated resources, but to provide consistency in the processing of applications under Subsection 9-11-23(d), B.R.C. 1981. This rule is adopted by the Landmarks Board under rulemaking procedures set forth in Chapter 1-4, B.R.C. 1981, and pursuant to the authority granted to the Landmarks Board pursuant to Section 9-11-24, B.R.C. 1981. 1. Definitions. For the purposes of this rule, the following words and phrases shall have the meaning given in this section, unless context clearly indicates otherwise. “Historic resources of the city” means buildings that may be eligible for designation as an individual landmark; a property that has been identified as having historic or architectural significance on a historic building survey, other documentary record and/or physical evidence and appears to retain its historic architectural integrity. 2 Regulation Clarifying the Process Provided in Section 9-11-23(d)- 6.8.2015 “Landmarks Design Review Committee” or “LDRC” means 1 member of historic preservation staff and two members of the Landmarks Board. "Partial Demolition” means proposed demolition that meets the definition of “demolition (historic)” in Section 9-16-1, B.R.C. 1981, that is less than an entire building. “Significant impact or potential detrimental effect” means alteration to the identified architectural or historic character of a building that is substantially inconsistent with the standards for the issuance of a landmark alteration certificate (LAC) found at Sections 9- 11-14 and 9-11-18, B.R.C. 1981. The following are examples of alterations that may have a significant impact or potential detrimental effect on a historic resource of the city:  Construction of an addition that visually overwhelms the building in terms of location, mass, scale and height.  Removal of features that may retain historic architectural integrity.  Removal of a portion of a street-facing wall if that has been identified as older than 50 years in age and retains historic architectural integrity. . The following are examples of alterations that may not have a significant impact or potential detrimental effect on a historic resource of the city:  Work that does not involve portions of a building that are documented as being less than 50 years in age.  Removal of a non-character defining feature (including an addition)  Construction of an addition that would not be substantially inconsistent with the standards for issuance of an LAC in terms of location, mass, scale and height. “Staff” means the city manager or designated historic preservation staff. 2. Initial Review of Permit Applications for All Accessory Buildings Over Fifty Years Old (Demolition or Relocation), All On-Site Relocations of Buildings Over Fifty Years Old, and All Demolition and Off-Site Relocation of Primary Buildings Constructed During or After 1940. For all accessory buildings over 50 years old, all on-site relocations of buildings over 50 years old and all demolitions and off-site relocations of buildings constructed during or after 1940, staff will determine whether the building may be a historic resource of the city. a. If staff determines that the building, or that portion of the building proposed for demolition, is not a historic resource of the city, it shall approve the permit application if all other requirements of the permit process have been met. 3 Regulation Clarifying the Process Provided in Section 9-11-23(d)- 6.8.2015 b. If staff determines the building or portion of the building proposed for demolition may be a historic resource of the city, it shall assess whether the work constituting a demolition will have a significant impact or potentially detrimental effect upon the resource. c. A determination by staff that a building, or portion thereof, may be a historic resource to the city, that determination shall only be discussed at a public hearing by the Landmarks Board. d. If staff determines that the work constituting a demolition will have no significant impact or potentially detrimental effect on the historic resource, it shall approve the permit application. e. If staff determines that the work constituting a demolition may have significant impact or potentially detrimental effect on the historic resource , the issuance of the permit shall be stayed pursuant to Section 9-11-23(d)(1) and staff shall forward the permit application to the Landmarks Board for a public hearing as required by Section 9-11-23(f), B.R.C. 1981. f. In making a determination as to whether the work constituting a demolition may have a significant impact or potentially detrimental effect on the historic resource, staff will explain how the proposed work has a significant impact or potential detrimental effect, but may not advise the applicant of alterations that could be made to the application to avoid a significant impact or potentially detrimental effect. g. During the hearing before the Landmarks Board, the applicant may contest the determination that the building, or that portion of the building proposed for demolition, may be a historic resource of the city, the determination of significant impact or potentially detrimental effect and/or or the designation of the building as an individual historic landmark. 3. Initial Review for Demolition and Off-Site Relocation of Pre-1940 Buildings The Landmarks Design Review Committee will review all demolition and off-site relocation permit applications for buildings built prior to 1940 and will make a determination as to whether the building, or that portion of the building proposed for demolition, may be a historic resource of the city. a. If all three members of the LDRC determine that the building is not a historic resource of the city, staff shall approve the permit application. b. If one or more of the members of the LDRC determines that there is probable cause to believe that the building, or that portion of the building proposed for demolition, may be a historic resource, the LDRC shall assess whether the work proposed in the application will have significant impact or potentially detrimental effect upon the resource. 4 Regulation Clarifying the Process Provided in Section 9-11-23(d)- 6.8.2015 c. A determination by one or more of the LDRC members that a building, or portion thereof, may be a historic resource to the city, that determination shall only be discussed at a public hearing by the Landmarks Board. d. If all three members of the LDRC determine that the work proposed in the permit application will have no significant impact or potentially detrimental effect on the resource , staff shall issue the permit application if all other requirements of the permit process have been met. e. If one or more of the members of the LDRC determines that the work proposed in the permit application will have significant impact or potentially detrimental effect on the resource, the issuance of the permit shall be stayed pursuant to Section 9-11-23(d)(2) and the LDRC shall forward the permit application to the Landmarks Board for a public hearing as required by Section 9-11-23(f), B.R.C. 1981. f. In making a determination as to whether the work proposed in the application would constitute a significant impact or potentially detrimental effect on the historic resource, the LDRC shall explain how the proposed work meets that definition, but may not advise the applicant of alterations that could be made to the application to avoid significant impact or potentially detrimental effect. h. During the hearing before the Landmarks Board, the applicant may contest the determination that the building, or that portion of the building proposed for demolition, may be a historic resource of the city, the determination of significant impact or potentially detrimental effect, and/or the designation of the building as an individual historic landmark. 4. Limit of Issued Permit For applications where the building was determined to be a potential historic resource of the city, but the proposed work was determined to not have a potentially significant impact or detrimental effect, the permit issued by staff approves only the work proposed in the permit application, as shown on plans and drawings submitted to the city. Should the applicant propose work other than what is included in the submitted plans and drawings, it must submit a new application and receive approval of the new application from staff, the LDRC or the Landmarks Board, as required by Section 9-11-23, B.R.C. 1981, and this rule. For applications where the building was determined to not be a potential historic resource of the city, the permit issued by staff approves full demolition. Should the applicant propose work other than what is included in the submitted plans and drawings, additional review and approval is not required from staff, the LDRC or the Landmarks Board. APPROVED by the Landmarks Board as a regulation this ____ day of ____ 2015. 5 Regulation Clarifying the Process Provided in Section 9-11-23(d)- 6.8.2015 ____________________________ James Hewat Secretary to the Board Proposed rule approved as to form and legality by the City Attorney’s Office on June 8, 2015, by Debra S. Kalish, City Attorney. Proposed rule approved prior to publication by the Landmarks Board on June 3, 2015. Three copies of the proposed rule filed with the City Clerk on June __, 2015. Date of publication of notice in the Daily Camera on _________________, 2015. Approved by the Landmarks Board without change after considering public comment on ___________________, 2015 by Kate Remley, Acting Chair of the Landmarks Board. Adopted rules filed with the City Clerk and effective on _________________, 2015.