HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/03/2012 - FIRST READING OF ORDINANCE NO. 004, 2012, AMENDINGDATE: January 3, 2012
STAFF: Karen McWilliams
Courtney Levingston
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
First Reading of Ordinance No. 004, 2012, Amending Section 14-72(b)(6) of the City Code to Correct an Error in the
Procedures for Review of Applications for Demolition or Relocation of Historic Structures.
EXECUTIVE SUMMARY
This is an amendment to Section 14-72(b)(6) of the City Code correcting an error regarding a citation cross-reference
to requirements for the final Landmark Preservation Commission hearing needed in the event that the Landmark
Preservation Commission fails to make a decision within 60 days of the submittal of these requirements. As the City
Code currently stands, this error requires the Landmark Preservation Commission to make a decision regarding a
historic structure demolition application upon the submittal of only one part of a submittal requirement outlined in 14-
72(2)(b). This amendment corrects the error and requires the Landmark Preservation Commission to make a decision
pursuant to fulfillment of all the submittal requirements.
BACKGROUND / DISCUSSION
Chapter 14 of the City Code is the City’s preservation ordinance and includes the bulk of regulation on historic
properties. Specifically, Section 14-72 provides the procedure regarding demolition of structures that are individually
eligible for local landmark designation commonly called the Demolition/Alteration Review. According to this section,
if a structure is found to be individually eligible for local landmark designation, an applicant wishing to demolish that
structure must attend a preliminary and then a final hearing with the Landmark Preservation Commission. In order
to schedule the final hearing, an applicant is required to provide:
1. documentation of the history and architecture of the building by completing a Colorado Cultural Resource
Survey Architectural Inventory Form
2. information about the historic character of the immediate neighborhood, so that the impact of the proposal on
the eligibility of other nearby properties may be assessed;
3. final, approved plans for the proposed work.
At the Final Hearing, the Landmark Preservation Commission conducts a public meeting to determine if the
requirements (as stated above) are met, and either approves the application, postpones the application due to
submittal insufficiencies, or may refer the application to City Council for consideration.
The final subsection (6) of Section 14-72 states that if the Landmark Preservation Commission fails to make a decision
within 60 days of the submittal of the requirements for final hearing that the application for demolition will be approved
by default.
The City Code correction for Section 14-72(6) is as follows:
(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.(b)(2)b 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.
In conclusion, this amendment corrects the existing error in Section 14-72(b)(6) by stating that the applicant must
submit all three requirements that are outlined in 14-72(2)(b) to the Landmark Preservation Commission.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ORDINANCE NO. 004, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 14-72(b)(6) OF THE CODE OF THE CITY
OF FORT COLLINS TO CORRECT AN ERROR IN THE PROCEDURES
FOR REVIEW OF APPLICATIONS FOR DEMOLITION OR
RELOCATION OF HISTORIC STRUCTURES
WHEREAS, Section 14-72 of the City Code establishes procedures for the review of
applications for demolition or relocation, under the City’s landmark preservation ordinances; and
WHEREAS, Section 14-72(b)(6) contains an error in a citation of a cross-reference, which
error results in an incomplete and illogical requirement by imposing an obligation upon the
Landmark Preservation Commission to make a decision regarding a demolition application upon the
submittal of only one part of a three-part submittal requirement which is contained earlier in Section
14-72; and
WHEREAS, this requirement can be corrected by changing the cross-reference from
subparagraph (2)b.2. to instead refer to subparagraph (b)(2)b.; and
WHEREAS, the cross-reference to subparagraph (2)b.2. should be a cross-reference to
subparagraph (b)(2)b.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 14-72(b)(6) 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.
. . .
(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.(b)(2)b. 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.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2012, and to be presented for final passage on the 17th day of January, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk