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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2009 - SECOND READING OF ORDINANCE NO. 132, 2009, AMENDIN DATE: December 15, 2009 AGENDA ITEM SU ARYD STAFF: Timothy Wilder FORT COLLINSCITY •• NCIL Second Reading of Ordinance No. 132,2009,Amending Chapter 14 of the City Code by Replacing References to the Department of Advance Planning and the Director of Advance Planning to the Department of Community Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 1, 2009, amends Chapter 14 of the City Code to replace references to the Department of Advance Planning and Director of Advance Planning to the Department of Community Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- December 1, 2009. (w/o original attachments) ATTACHMENT 1 DATE: December 1, 2009 �, B STAFF: Timothy Wilder FORT COLLINSCOUNCIL First Reading of Ordinance No. 132, 2009, Amending Chapter 14 of the City Code by Replacing References to the Departmentof Advance Planning and the Director of Advance Planning to the Departmentof Community Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. P EXECUTIVE SUMMARY This Ordinance amends Chapter 14 of the City Code toeplace references to the Department of Advance Planning and Director of Advance Planning to the Department<of&mmunity Development and Neighborhood Services and the Director of Community Development and Neighborhood Services. BACKGROUND / DISCUSSION Planning, Development and Transportation has reorganized to provide more efficient services to the community. As part of the reorganization,a new Community Development and Neighborhood Services Department has been formed with the following responsibilities: Development Review,Zoning, Plan Review and Building Inspection,Administration and Contractor Licensing,and Historic Preservatiow-The functions and-staff related to the administration of the City's Y; \% fi w P1 \:\ < N Historic Preservation Ordinance have been shift+ed fromYtheAdvance Planning Department to this new department. The City Code needs to be amended to`eflect thechange'in departmen lsponsibilities. References to the Advance Planning Department will be replaced with-the Community Development-and Neighborhood Services Department. References to the Director of Advance Planning will be replaced with the Director of Community Development and Neighborhood Services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 132, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS BY REPLACING REFERENCES TO THE DEPARTMENT OF ADVANCE PLANNING AND THE DIRECTOR OF ADVANCE PLANNING TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES AND THE DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES WHEREAS, the Planning, Development and Transportation Service area has been reorganized in order to provide more efficient services to the community; and WHEREAS, as a part of this reorganization, a new Community Development and Neighborhood Services department has been created to handle, among other things, matters pertaining to historic preservation; and WHEREAS, Chapter 14 of the City Code relates to landmark and historic preservation and the City Council has determined that it is in the best interests of the City that Chapter 14 be amended to replace references to the Advance Planning Department and the Director of Advance Planning and instead refer to the Community Development and Neighborhood Services Department and the Director of Community Development and Neighborhood Services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of"Determination ofeligibility"contained in Section 14-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Determination of eligibility shall mean a decision by the Director of Community Development and Neighborhood Services and/or the Commission that a site, structure, object or district meets one(1)or more of the standards for designation as a Fort Collins landmark.The determination of eligibility for the National and/or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. Section 2. That the definition of"Working day" contained in Section 14-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Working day shall mean any day except Saturday, Sunday and any national, state or local holiday(or day of observation) during which the Department ofCommunity Development and Neighborhood Services is not open for regular business. Section 3. That Section 14-4 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-4. Staff. The staff of the Commission shall consist of a secretary and such other staff as may be authorized by the City. The secretary shall be the custodian of the records of the Commission, shall handle official correspondence and shall generally supervise the clerical and technical work of the Commission. The Director of Community Development and Neighborhood Services shall act as secretary and staff liaison to the Commission. Section 4. That Section 14-21 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-21. Initiation of procedure. Whenever in the opinion of the Commission, upon its own motion or upon application of any citizen of or owner of property in the City, a site, structure,object or district meets the criteria of a landmark or landmark district,the Commission shall contact the owner or owners of such landmark or landmark district outlining the reasons and effects of designation as a landmark and, if possible, shall secure the owner's consent to such designation. If the Commission is unable to personally contact such owner, it shall be sufficient to send a written request for the consent to designation of such property by certified or registered mail,return receipt requested, addressed to the owner of the property as shown on the most recent records of the County Assessor at the address shown on such records. Following such contact,if an owner does not consent to such designation of the property within fifteen (15) days from the date of receipt of the request for consent to designation, the Commission, upon the affirmative vote of at least five(5)of its members may proceed by officially adopting a resolution stating that the preliminary investigation by the Commission indicates that the described property is eligible for designation as a landmark or landmark district and the reason the Commission feels that it should proceed without the consent of the owner to such designation and scheduling a public hearing by the Commission on the question of designation,hereinafter called a designation hearing, at a specified time, date and place and directing that the notice of hearing be given as described in § 14-22. If the owner consents in writing to such designation, the Commission, upon the affirmative vote of a majority of the members present, may adopt a resolution recommending to the City Council the designation of the landmark or landmark district without the necessity of notice and without the review by the Department of Community Development and Neighborhood Services required by § 14-23. All applications submitted in accordance with this Section shall include a description of the property proposed for designation and a detailed outline of the reasons why such property should be designated and why the boundaries of the property should be determined as described in the application. No motion or -2- application for designation of a specific landmark or landmark district may be made more than once during any twelve (12) consecutive months. Section 5. That Section 14-22(4) of the Code of the City of Fort Collins is hereby amended to read as follows; Sec. 14-22. Notice of hearing. (4) Written notice of the proposed landmark designation, including the identification of the property, the basis for commencing with the designation procedure and the time, date and place of the hearing, shall be given to the Director of Community Development and Neighborhood Services not later than thirty (30) days prior to the hearing Section 6. That Section 14-23 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-23. Department of Community Development and Neighborhood Services review. (a) The Department of Community Development and Neighborhood Services shall review the proposed designation with respect to: (1) Its relationship to the zoning ordinance of the City and the Comprehensive Plan of the City; (2) The effect of the designation upon the surrounding neighborhood; (3) Such other planning considerations as may be relevant. (b) The Department of Community Development and Neighborhood Services may recommend approval,rejection or modification of the proposed designation and its recommendation shall contain a statement of the basis for the recommendation. The recommendation shall be delivered to the Commission in written form at or prior to the hearing. Section 7. That Section 14-25(b) of the Code of the City of Fort Collins is hereby amended to read as follows: -3- See. 14-25. Hearing. (b) Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation or designations.However, nothing contained herein shall be construed to prevent the Commission from establishing reasonable rules to govern the proceedings of the hearings or from establishing reasonable limits on the length of individual presentations.The hearings shall be recorded and minutes provided to each City Council member. Written presentations, including the report of the Department of Community Development and Neighborhood Services, shall be included in the record of the hearing. Section 8. That Section 14-46(b)(1) of the Code of the City of Fort Collins is hereby amended to read as follows: See. 14-46. Work requiring building permit. (b) In order to obtain a report of acceptability, the applicant shall submit the application for a building permit, including sketches, plans and other documents as required by the Commission,to the Commission through the Director of Community Development and Neighborhood Services. All such applications shall be reviewed by the Commission in two (2)phases to determine compliance with this Chapter as follows: (1) Conceptual review. Conceptual review is an opportunity for the applicant to discuss requirements, standards,design issues and policies that apply to landmarks or sites, structures and objects within a landmark district. Problems can be identified and solved prior to final review of the application. After review of the application by the Commission, the Director of Community Development and Neighborhood Services shall furnish the applicant with written comments regarding the conceptual review. Conceptual approval of any proposed work may be limited to certain portions of the work as deemed appropriate by the Commission. Conceptual approval does not guarantee final approval of any proposed work. If, upon review of the proposed work, the Commission determines that conceptual review is not necessary given the absence of a significant impact on the landmark or landmark district involved, it may be waived by the Commission, and the Commission may then proceed to consider the proposed work on final review at the same meeting. -4- Section 9. That Section 14-48.5 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-48.5. Work not detrimental to historic, architectural or cultural material; administrative process. (a) Any work which would otherwise qualify for consideration under the procedures established in § 14-46 or 14-47 of this Article may, at the option of the applicant, be considered administratively by the Director of Community Development and Neighborhood Services (the "Director"). The Director may only consider, under the authority of this Section, applications for approval of color selection from a historically authentic palette of colors, awning re-coverings and changes to a landmark or a site, structure or object located in a landmark district that would not remove, cover, alter or destroy any significant historic, architectural or cultural material. The Director may, under the authority of this Section, consider changes originally initiated by the applicant as well as changes to plans previously approved by the Commission. Any application submitted to the Director under the authority of this Section shall be in writing and shall contain a specific statement of the work proposed, together with such details as the Director may require. (b) If,upon receipt of any such application,the Director finds that the proposed work will not remove, cover,alter or destroy any significant historic,architectural or cultural material and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, and complies with all of the criteria for review established in § 14-48, the Director shall advise the applicant in writing,by issuing a report of acceptability,and shall affix his or her signature to the plans and specifications for the approved work. In the case of an application for a building permit, the Director of Building and Zoning shall proceed with the review of the application only upon receipt of the Director of Community Development and Neighborhood Services' report of acceptability and approved plans and specifications.No change shall be made in any such application for a building permit or in the plans and specifications for work approved by the Director unless such changes are submitted to and approved by the Director in the same manner as the original application.The proposed work shall not be commenced until the Director has issued a report of acceptability and a building permit (if applicable) has been issued. Section 10. That Section 14-49 of the Code of the City of Fort Collins is hereby amended to read as follows: -5- See. 14-49. Signs. (a) Any person desiring to remove, demolish, erect, restore or alter any sign, including alteration of color, on any real property designated as a landmark or in a landmark district, shall submit to the Director of Community Development and Neighborhood Services an application for approval and a specific statement of the work proposed, together with such details as the Director may require. (b) If,upon receipt of any such application,the Director finds that the proposed work is of a nature which will not erode the authenticity or destroy any distinctive exterior feature or characteristic of the improvements and is compatible with the distinctive characteristics of the landmark or landmark district and with the spirit and purpose of this Chapter, the Director shall advise the applicant in writing by issuing a report of acceptability and shall affix his or her signature to the plans and specifications for the approved work. In the case of an application for a building permit, the Director of Building and Zoning shall proceed with the review of the application only upon receipt of the Director of Community Development and Neighborhood Services' report of acceptability and approved plans and specifications.No change shall be made in any such application for a building permit or in the plans and specifications for work approved by the Director of Community Development and Neighborhood Services unless such changes are submitted to and approved by the Director in the same manner as the original application. (c) In deciding whether to issue a report of acceptability, the Director of Community Development and Neighborhood Services shall consider the following criteria: (1) The effect of the proposed sign upon the general historical and/or architectural character of the landmark or landmark district. (2) The design and construction, arrangement, texture and materials of the proposed sign, its relation to the structure, site or object on which it will be attached, and its relation to other improvements and signs within the district. (3) The effect of the proposed sign in obscuring, changing or destroying the exterior characteristics of the structure, site or object upon which it will be attached. (4) The effect of the proposed sign upon the protection, enhancement, perpetuation and use of the landmark or landmark district. (5) The recommendations of the adopted Design Guidelines for Historic Old Town Fort Collins for sign proposals within The Old Town Historic -6- District, and the design guidelines for local landmarks outside The Old Town Historic District adopted by the Commission on June 4, 1986. (d) Decisions of the Director of Community Development and Neighborhood Services regarding the acceptability of applications for the erection, removal, restoration, demolition or alteration of signs may be appealed to the Commission, provided that any such appeal shall be set forth in writing and filed with the Director within fourteen (14) days of the date of the decision of the Director. The Director shall schedule a date for hearing the appeal before the Commission as expeditiously as possible. The Director shall provide the appellant written notice of the date, time and place of the hearing of the appeal, which notice shall be deposited in the U.S. Mail not less than five (5) days prior to the date of the hearing. Section 11. That Section 14-55 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-55. Extension of time limits. Any time limit set forth in this Chapter may be extended by mutual consent of the Commission and the applicant, or the Commission, the Department of Community Development and Neighborhood Services and the applicant,whichever is applicable. Section 12. That Section 14-58 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-58. Notification of state or national designation. The Director of Community Development and Neighborhood Services shall promptly notify the Commission of any known national or state designations which occur within the City. Section 13. That Section 14-72 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-72. Procedures for review of applications for demolition or relocation. (a) The owner of any structure governed by this Article shall make application for City approval of the demolition or relocation of such structure(or portion thereof) on forms prescribed by the City. Said application shall be filed with the Director of Community Development and Neighborhood Services. Within ten (10) days of the filing of such application, the Director of Community Development and Neighborhood Services, and the chair of the Commission, (or a designated member of the Commission appointed by the chair) shall determine the structure's current level of eligibility (individual, contributing to a district, or not eligible) for -7- designation as a Fort Collins landmark, and shall determine whether demolition or relocation approval should be granted by the Director or whether the application should instead be referred to the Commission. Such approval shall be granted,subject to compliance with all other applicable laws, under the following circumstances: (1) The structure (or portion thereof) sought to be demolished or relocated is, upon review, determined to be less than fifty(50) years of age; (2) The Director of Community Development and Neighborhood Services and chair of the Commission (or designee) agree that the structure (or portion thereof), upon review, is not eligible for individual designation as a Fort Collins landmark, and the structure is not designated on the National or State Registers of Historic Places, either individually or as a contributing element of a district; or (3) The proposed demolition or relocation of the structure(or portion thereof), in the judgment of the Director of Community Development and Neighborhood Services and the chair of the Commission (or designee), would not be detrimental to the current level of eligibility of the remaining structure,if any,adjacent properties,the surrounding neighborhood and the National and/or State Register district in which the structure is located, if any. If none of the foregoing circumstances is determined to exist, the Director of Community Development and Neighborhood Services shall refer the application to the Commission for consideration pursuant to Subsection (b) below. (b) If it is determined by the Director of Community Development and Neighborhood Services and/or chair of the Commission (or designee), pursuant to Subsection (a) above, that a demolition or relocation permit should not be issued without review by the Commission, then the Director of Community Development and Neighborhood Services shall schedule a public hearing on the application before the Commission as expeditiously as possible following such determination, and following receipt of such information,including sketches,plans and other documents as required by the Commission. All such applications shall be reviewed by the Commission in two(2)phases to determine compliance with this Chapter as follows: (1) Preliminary hearing. The preliminary hearing is an opportunity for the applicant to discuss requirements, standards and policies that apply to structures eligible for designation. Problems, including issues which could affect a resource's significance and/or exterior integrity, can be identified and solved prior to the final hearing of the application. After review of the application by the Commission,the Director of Community Development and Neighborhood Services shall fumish the applicant with written comments regarding the preliminary hearing. -8- a. At the preliminary hearing, the Commission, acting with all due diligence, shall explore with the applicant all means for substantially preserving the structure which would be affected by the required permit.These investigations may include,by way of example and not of limitation: 1. Feasibility of modification of the plans; 2. Feasibility of any alternative public or private use of the structure which would substantially preserve the original character. b. In determining the decision to be made concerning the issuance of a report of acceptability,the Commission shall consider the following criteria: 1. The effect of the proposed work upon the general historical and/or architectural character of the structure and adjacent properties; 2. The architectural style, design, construction, arrangement, texture and materials of existing and proposed structures; 3. The effect of the proposed work in creating, changing or destroying the exterior characteristics of the structure upon which such work is to be done; 4. The effect of the proposed work upon the protection, enhancement, perpetuation and use of the structure; 5. The extent to which the proposed work meets the standards of the City and the United States Secretary of the Interior then in effect for the preservation, reconstruction, restoration or rehabilitation of historic resources. (2) If the Commission, at the preliminary hearing, is unsuccessful in developing either alternate plans or an appropriate public or private use for such structure which are acceptable to the applicant, it shall order the Director of Community Development and Neighborhood Services to schedule a final hearing within forty-five (45) days of the receipt of the following: a. A fee of two hundred fifty dollars ($250.) paid by the applicant to cover the costs of processing the request for demolition or relocation at the final hearing before the Commission. -9- b. Such information from the applicant as the Director of Community Development and Neighborhood Services believes is necessary for the full and complete consideration of the request,which information shall include, but not be limited to: 1. A completed Colorado Cultural Resource Survey Architectural Inventory Form for the property, which form shall be provided by the Director of Community Development and Neighborhood Services for completion by the applicant; 2. A report regarding the effect that the removal or demolition of the structure(or portion thereof)will have on the character of the site and the adjacent properties. The required components of the report shall be established by the City Manager, and shall, at a minimum, include all information, data, maps, documents or other items reasonably necessary, desirable, or convenient to assist the Commission in making its decision; 3. A plan for the redevelopment of the property, which plan shall first be approved by all administrative and/or quasi- judicial decision-making officials and/or boards or commissions as are necessary as a prerequisite to the presentation of construction specifications to the Director of Building and Zoning if applicable, and if not applicable,then as a prerequisite to the commencement of construction (for purposes of this requirement, allowing the property to lie vacant or fallow shall not constitute "redevelopment"). (3) Not less than thirty (30) days prior to the hearing of the Commission, the applicant shall: a. Cause a sign to be posted on or near the structure proposed for demolition or relocation,stating that the building or structure is being considered for such demolition or relocation. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Director of Community Development and Neighborhood Services. b. Request that the City generate a list of owners of record of all real property,neighborhood groups,and homeowners associations,within five hundred (500) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land upon which the structure is situated,which list shall be prepared from the records of the County Clerk and Recorder. -10- (4) Written notice of the hearing shall be mailed by the Director of Community Development and Neighborhood Services to all persons named on the list generated under Paragraph (3)b above. Said mailing shall occur at least fourteen(14)days prior to the hearing date.The applicant shall pay postage and handling costs of fifty cents ($.50)per notice. The fact that any notice required under this Subsection has not been mailed or received shall not affect the validity of any hearing or determination by the Commission. (5) The Commission shall review the evidence presented at the hearing and shall approve the application(with or without conditions).Alternatively,it may postpone consideration of the application, for a period not to exceed forty-five (45) days, for any of the following reasons: a. Additional information is needed for the full and complete consideration of the request by the Commission; or b. The request has generated substantial neighborhood concerns, and such postponement could, in the judgment of the Commission, contribute to resolving these concerns; or C. The Commission has approved a motion directing staff to investigate the benefits to the City of landmark or landmark district designation of the property in accordance with Article II. (6) In the event that the Commission has not made a final decision within sixty (60) days of the date of the submittal of information required pursuant to Subparagraph (2)b.2 hereof, in detail acceptable to the Director of Community Development and Neighborhood Services, then the Commission shall be deemed to have approved, without condition, the proposed demolition or relocation. Section 14. That Section 14-73(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-73. Requirements and conditions for approval of demolition and relocation. (a) Upon approval of the application by the Director of, Community Development and Neighborhood Services or the Commission,the owner may obtain a demolition or relocation permit and may thereafter demolish or relocate the structure(or portion thereof) in compliance with all applicable laws, ordinances and regulations. -11- Introduced, considered favorably on first reading, and ordered published this 1st day of December, A.D. 2009, and to be presented for final passage on t 5th day of December, A.D. 2009. Mayor ATTEST: - kL �A - City Clerk , Passed and adopted on final reading on the 15th day of December, A.D. 2009. Mayor ATTEST: City Clerk -12-