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Matters Planning Board Liaison 10.09.24LANDMARKS BOARD INFORMATIONAL ITEM October 9, 2024 STAFF Brad Mueller, Director of Planning and Development Services Kristofer Johnson, Comprehensive Planning Senior Manager, P&DS Chris Reynolds, Deputy City Attorney, City Attorney’s Office Marcy Gerwing, Principal Historic Preservation Planner, P&DS Karl Guiler, Senior Policy Advisor, P&DS Geoff Solomonson, City Planner, P&DS SUBJECT Informational item regarding a proposed code amendment (Ord. 8658) to remove the Planning Board ex-officio position from the Landmarks Board. EXECUTIVE SUMMARY This item is to inform the Landmarks Board of a proposed code amendment to remove the Planning Board ex- officio position from the Landmarks Board. The rationale for this change is based on the evolution of the historic preservation program in Boulder since its inception in 1975. Initially, the ex-officio position was intended to help the Landmarks Board navigate quasi- judicial processes as a new board. However, over the past 50 years, the Landmarks Board has developed significant expertise and institutional support from dedicated staff, making the ex-officio role less necessary. Additionally, the integration of processes between the Landmarks Board and Planning Board has improved, with the Boulder Valley Comprehensive Plan establishing clear protocols for the review of projects involving historic resources. These processes have ensured that both boards collaborate effectively without the need for a direct Planning Board representative on the Landmarks Board. The Landmarks Board now typically handles cases involving individual buildings, while larger projects are managed through a well-coordinated system that includes both boards. Thus, the rationale emphasizes that the Landmarks Board can operate independently and effectively without the Planning Board's ex-officio member, reflecting its maturity and the established collaborative processes in place. This is an informational item only, and an opportunity for the Landmarks Board to provide feedback on the proposed change. A summary of the Landmarks Board’s and Planning Board’s feedback will be included in the City Council memos. Matters - Planning Board Liaison BACKGROUND On Sept. 17, 1974, the City Council unanimously adopted the Historic Preservation Code. The ordinance established the Landmarks Preservation Advisory Board, charged with the responsibility of carrying out the provisions and goals of the code. At the first reading of the ordinance on Sept. 3, 1974, Council members expressed a desire for historic preservation to be integrated with the work of the Planning Board (emphasis added): Council Member Trenka stated that he felt the criteria set forth in the Ordinance determining whether a property qualifies under this Ordinance leaves a great deal to interpretation, and it can mean a lot to the owner. He expressed concern with the creation of another Board and stated that he would like to see this tied in with the Planning Board. Council Member Roberts also expressed a desire that this Ordinance be linked up with the Planning Board functions; however, she noted that with the number of responsibilities now faced by the Planning Board it probably is better that this new Board be created than to assign this to the Planning Board. Mr. Twitchell states that, after looking at the work load of the Planning Board for the next year, he felt that it would be too much to expect the Planning Board to take on this added work load. He also noted that it would be within the realm of possibilities that after the Board under this Ordinance has done their work, it could be phased out. However, he noted that this should be made very clear to this in their letter of appointment so that when their work is complete, there would be no hard feelings or misunderstandings with any of the new Board members. The ordinance passed, with the requirement that “the Planning Board shall appoint two of its members to serve ex officio, without vote.” Based on institutional knowledge in the City Attorney’s Office, it is believed that the ex-officio position was added to help the new board navigate the quasi-judicial process. On Feb. 18, 1975, the City Council appointed the first members of the newly formed Landmarks Preservation Advisory Board. The board first met on Feb. 18, 1975 and at their April 16, 1975 meeting, requested that Planning Board “appoint its two members ex-officio as required by the Ordinance.” On April 24, the Planning Board selected Claire Lundgren and R. Gage Davis to serve the ex-officio role. One or both members attended the bi- monthly meetings, and in July 1975, Claire Lundgren “resigned from the Landmarks Board due to an overload of commitments.” Tom Meier was selected to fill the vacancy. At some point prior to 1995, the code was amended to reduce the number of ex-officio members from two to one. For the last 50 years, the Planning Board has appointed an ex-officio member to serve on the Landmarks Board. The Planning Board also appoints members to the Housing Advisory Board and the Water Resource Advisory Board. In 2007, City Council passed Ordinance (Ord. 7522) to amend the name of the board from the Landmarks Preservation Advisory Board to the Landmarks Board as part of “additional corrections to unintentional errors and omissions found in Title 1 through 14 since the reprinting of the Boulder Revised Code” earlier that year. Matters - Planning Board Liaison Today, Boulder’s historic preservation program is one the oldest in Colorado and is often used as a model for other communities. With dedicated staff in the Planning & Development Services and the City Attorney’s Office and regular training for board members, the Landmarks Board is well established and well-versed in quasi-judicial procedures. Since the establishment of the historic preservation program in 1975, additional processes have been added to aid in the coordination between the Landmarks Board and Planning Board. Most notably, Boulder Valley Comprehensive Plan (BVCP) policy 2.27, Preservation of Historic & Cultural Resources, which reads: The city and county will identify, evaluate and protect buildings, structures, objects, districts, sites and natural features of historic, architectural, archaeological or cultural significance with input from the community. The city and county will seek protection of significant historic and cultural resources through local designation when a proposal by the private sector is subject to discretionary development review. In practice, this means that Site Review projects with historic resources are reviewed by both the historic preservation program for design review and a recommendation on landmark designation, and by the Planning Board through the Concept Plan and Site Review public hearings. Examples of the successful integration of historic preservation and development review projects include: 1. First Christian Church, 950 28th St.: Preservation of a Mid-Century Modern Church and adaptive reuse as part of the redevelopment of the site into student housing. 2. Armory Mess Hall, 4750 Broadway: Adaptive reuse and landmark designation of building as part of a mixed-use redevelopment of the site. 3. Silver Saddle, 90 Arapahoe Ave.: Preservation of a motor court hotel and adaptive reuse into inclusionary housing units. 4. Nuzum’s Nursery, 96 Arapahoe Ave.: Preservation of a mid-century modern house and c.1920 barn in the adaptive reuse for the September School. 5. Attention Homes, between Pine and Spruce Streets at 14th Street: Landmark designation of seven buildings as part of the development of a supportive housing complex and services for youth. 6. Geological Society of America, 3300 Penrose Ave.: Preservation of a 1971 building to be adaptively reused for inclusionary housing units. These projects typically involve larger scale projects, whereas the majority of Landmarks Board cases consider the demolition, design review or designation of individual buildings, most often residential. ANALYSIS Current Regulation Section 2-3-7(a) Landmarks Board, B.R.C., 1981 reads: (a) The City of Boulder landmarks board consists of five members appointed by the city council for five-year terms, two of whom are architectural or urban planning professionals and three of whom may be chosen without limitation. The planning board shall appoint one of its members to attend the landmarks board meeting without a vote and advise the landmarks board. Matters - Planning Board Liaison Proposed Change City Council could amend the Boulder Revised Code to remove the Planning Board ex-officio position from the Landmarks Board. Analysis Since 1975, the Planning Board has appointed a member to serve as an ex-officio member to the Landmarks Board. The Planning Board also appoints members to the Housing Advisory Board and the Water Resources Advisory Board. In 2024, it is estimated that the Planning Board liaison volunteers an additional 58 hours a year to prepare for (12 hours) and attend Landmarks Board meetings (36 hours), site visits (2 hours) and Landmarks Board retreats (8 hours). Removing the ex-officio position from the Landmarks Board would represent a significant reduction in the volunteer time commitment for the Planning Board. Further, the necessity of an ex- officio member is no longer as necessary since the Landmarks Board is no longer a nascent board, but one with decades of experience. Considerations If the Planning Board ex-officio position were removed from the Landmarks Board, there would not be a direct Planning Board representative on the Landmarks Board. However, integration will continue to occur through the Site Review process and additional collaboration could occur through other venues, including joint meetings or tours as deemed necessary. PROCESS AND TIMELINE City Council may amend the Boulder Revised Code by ordinance. 1.Oct. 8, 2024 – Planning Board Information Item 2.Oct. 9, 2024 – Landmarks Board Informational Item 3.Nov. 21, 2024 – City Council 1st Reading (tentative date) 4.Dec. 19, 2024 – City Council 2nd Reading (tentative date) Matters - Planning Board Liaison