City Council Study Session Agenda and Packet 2004 08 10

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PAGE TWO SUBJECT: HISTORIC PRESERVATION COMMISSION/ PROPOSED HISTORIC PRESERVATION ORDINANCE DATE: AUGUST 10, 2004 Relating to the draft ordinance: Attached is a copy of the ordinance. Staff has made some minor changes to the ordinance since we met in February. There are a few questions marked in red. There are policy issues that the City Council should probably discuss prior to proceeding with the ordinance. Those policy issues are as follows: • Inclusion of the nonconsensual Iandmarking section • Are there incentives that the City can offer to encourage Iandmarking? Any of these incentives would be available only to locally landmarked properties. It is assumed that this would be only a handful of properties per year, if that. (Lafayette has approximately 10 landmarked properties. They have not landmarked a new property in the last 2 years.) Please see attached sheet for municipal comparison of incentives. o Regulatory waivers could include: • Zoning variances for landmarked properties • Building code variances for landmarked properties • Setback variances for landmarked properties Financial Assistance • Building Department Fee waivers for landmarked properties • Refund of sales tax associated with preservation of landmarked properties • Refund of use tax associated with preservation of landmarked properties • Refund of property tax for landmarked properties • Local loan fund for rehabilitation projects for landmarked properties • District Iandmarking questions — how many property owners does it require to be a Iandmarking with consent? o As written, a minimum of 25% of property owners is required to apply under the "with consent" section. o As written, if 51% of property owners object in writing to a district designation, the application is automatically denied. Once the Council has agreed upon a basic ordinance, it will also be sent to the Colorado Historical Society to verify that the ordinance meets Certified Local Government status. CLG status would allow the access to specific grants and technical assistance. At this time, the Commission and staff need direction from the Council on the Ordinance. Options include: • Proceeding with the ordinance as written • Proceeding with a modified ordinance • Other options the Council would like the Commission to consider The staff and the Commission would like to see the ordinance (as written or modified) move forward in the next few months. Once passed, staff will begin work on the process and particulars of administering the program. The Commission hopes to have an ordinance passed within the next 3 -4 months and have the Iandmarking program underway at the beginning of 2005. Any other direction the Council has for the Commission would be greatly appreciated. RECOMMENDATION: Discussion /Direction