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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/05/2016 - FIRST READING OF ORDINANCE NO. 011, 2016, AMENDINGAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 5, 2016 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT First Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation. EXECUTIVE SUMMARY The purpose of this item is to present to Council proposed changes to the landmark designation procedure set forth in Article II, Chapter 14, of the City Code to make the landmark designation process more efficient in cases where a property owner does not consent. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION As a result of recent applications, improvements to the landmark designation process have been identified when a designation is proposed without the consent of all property owners (“non-consensual designation”). These improvements would shorten the timeline for action to come before Council when existing information is already available and create predictability for the property owner as to when a hearing would be scheduled before Council. The Code revisions would apply to properties currently designated on the National Register of Historic Places and/or the State Register of Historic Properties, either individually or as a part of a district. PROPOSED CODE CHANGES 1. Currently, when a non-consensual landmark designation is initiated, staff has fifteen (15) days to contact the owner(s) of the landmark or landmark district to outline the reasons and effects of designation as a landmark and, if possible, secure the owner's consent to such designation. The proposed code changes would allow the fifteen (15) day period to be waived with the consent of all non-consenting owners of the property. 2. Currently, the LPC holds two public hearings on the designation. The first hearing requires a minimum thirty (30) days’ notice and is to determine if the property qualifies for landmark designation, and if so, whether to proceed without an owner’s consent. Proceeding beyond the first hearing requires the affirmative vote of six (6) members of the LPC. The second hearing, if held, also requires a minimum thirty (30) days’ notice. After the second hearing, the LPC has up to thirty-five days to adopt a recommendation for Council regarding the designation. Such recommendation must then be transmitted to Council within fifteen days. Council has the discretion to hold a public hearing on the designation and may designate a property by ordinance. The proposed Code changes would allow the LPC at the first public hearing, upon the affirmative vote of at least six (6) members, to adopt a resolution to forward the designation matter to the City Council with a recommendation for non-consensual designation. The LPC may choose to forward the Agenda Item 16 Item # 16 Page 2 designation matter only where the eligibility of the site, structure, object, or district is supported by its current individual or district listing on the Colorado State Register of Historic Properties or the National Register of Historic Places, or both. This would eliminate the time required in the current process by at least the minimum thirty (30) days’ notice for the second hearing and would eliminate the additional time allowed for the adoption of a recommendation and transmittal of such recommendation to Council. 3. Currently, when a non-consensual landmark designation is initiated, the LPC directs staff to investigate the benefits to the City of landmark designation. While not codified, this generally results in the same information as that contained in a Colorado Cultural Resource Survey Architectural Inventory Form: a property history and architectural and construction details of the buildings and structures. The proposed Code changes would allow staff to provide this information if available. If an inventory is not available, the Community Development and Neighborhood Services Department (CDNS), at its own cost, shall commission an expert to complete an inventory provided that sufficient time to complete the inventory exists prior to any hearing and the property owner consents to allowing the expert to enter onto the property. 4. Chapter 14 of the City Code does not provide a date by which City Council must consider the designation upon referral by the LPC. The proposed Code changes would require that Council consider the designation within seventy-five days of the receipt of any LPC recommendation. The seventy-five day period may be extended upon majority vote of the Councilmembers present at the time the vote is taken. A chart comparing timelines for the current and proposed processes for local designation of a state or federal landmark without owner(s) consent is provided (Attachment 1). CITY FINANCIAL IMPACTS These Code changes provide for an alternative review processes to facilitate the review of certain non- consensual landmark designations, saving citizens time. BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission will discuss the proposed code changes at it January 13, 2016, meeting. PUBLIC OUTREACH Due to timing considerations, no public outreach has occurred. ATTACHMENTS 1. Comparison of Timelines (PDF) 2. Powerpoint presentation (PDF) COMPARISON OF TIMELINES FOR CURRENT AND PROPOSED PROCESSES FOR LOCAL LANDMARK DESIGNATION OF STATE OR FEDERAL LANDMARKS WITHOUT PROPERTY OWNER(S) CONSENT (CITY CODE CHAPTER 14) PROCESS STEP DESCRIPTIONS APPROXIMATE TIMES – EXISTING CODE APPROXIMATE TIMES – PROPOSED CODE AMENDMENTS Initiation of Process Day 1 Day 1 Director’s initial mailed notice to Property Owner(s) 15 days minimum 0 days IF Property Owner(s) waive the mailed notice Required Notice prior to LPC Hearing #1 30 days minimum 30 days minimum Required Notice prior to LPC Hearing #2 30 days minimum 0 days IF LPC adopts resolution at Hearing #1 to forward designation recommendation directly to Council without LPC Hearing #2 Continuance of LPC Hearing #2 if at least 6 LPC members not present at Hearing #2 14 days maximum 0 days IF LPC adopts resolution at Hearing #1 to forward designation recommendation directly to Council without LPC Hearing #2 Time after LPC Hearing #2 for LPC to adopt recommendation to Council 35 days maximum 0 days IF LPC adopts resolution at Hearing #1 to forward designation recommendation directly to Council without LPC Hearing #2 Time after adoption of recommendation for LPC to transmit it to Council 15 days maximum 0 days IF LPC adopts resolution at Hearing #1 to forward designation recommendation directly to Council Total Approximate Time for LPC Recommendation to Reach Council 139 days 30 days minimum IF Property Owner(s) waive initial mailed notice and IF LPC adopts resolution at Hearing #1 to forward designation recommendation directly to Council without LPC Hearing #2 Time for Council to Reach Decision After Receiving LPC Recommendation No time limit Council may hold public hearings (discretionary) 75 days maximum After receipt of LPC recommendation Total Approximate Time from Initiation to Council’s Decision* 139 days plus no time limit for Council’s decision 105 days *These total approximate times will vary depending on LPC and Council meeting schedules, whether or not the full maximum times are used, and how quickly the minimum time periods are satisfied. Landmark Designation Code Revisions Karen McWilliams, Historic Preservation Manager 1-5-16 ATTACHMENT 2 Purpose Municipal Code Chapter 14, Landmark Preservation Improve Process: • Shorten timeline for action • Create more predictability Applicability: • Non-consensual landmark designations • State and National Register properties 2 Proposed Code Changes • Fifteen (15) day consent period may be waived; • Allows LPC to adopt a resolution at first meeting to forward the designation matter to City Council; saves minimum of thirty (30) days; • Provides process for obtaining property information if not already available; • Upon LPC’s referral to Council, defines time by which Council must consider the designation application 3 Recommendation Staff recommends that these Code revisions be adopted on First Reading. 4 ORDINANCE NO. 011, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING LANDMARK PRESERVATION WHEREAS, Chapter 14 of the Code of the City of Fort Collins contains provisions regarding the preservation of historic sites, structures, objects, and districts; and WHEREAS, Chapter 14, Article II, of the Code of the City of Fort Collins details the procedure for designating a historic site, structure, objects, or area (“Property”) as a Fort Collins Landmark or Fort Collins Landmark District; and WHEREAS, the procedure for Property owners who consent to designation allows the Landmark Preservation Commission (“LPC”) to quickly forward a recommendation to City Council; and WHEREAS, the procedure for Property owners who do not consent to designation (“Non-Consensual Designation Procedure”) is a much lengthier process including two public hearings, lengthy notice periods, and an additional period of time in which the LPC may adopt a recommendation and forwards it to City Council; and WHEREAS, the Non-Consensual Designation Procedure to date has been rarely utilized; and WHEREAS, it is anticipated that the Non-Consensual Designation Procedure may be increasingly utilized as a result of increased development and redevelopment within the City in the vicinity of Property; and WHEREAS, staff is proposing to amend the Non-Consensual Designation Procedure to shorten the process for any Property that is currently listed on the State or Federal historic registers and is, therefore, more clearly eligible for Fort Collins Landmark or Landmark District status than an unlisted Property; and WHEREAS, the amended procedure would allow the LPC to forward a Property to City Council after the LPC’s first public hearing; and WHEREAS, the City Council has determined that the proposed changes are in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 14-22 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-22. - Hearing process. . . . (b) If all owners of the property to be designated do not consent to designation of the property within fifteen (15) days from the date of receipt of the request for consent to designation, the Commission shall hold a hearing at a specified time, date and place, following the giving of notice as described in § 14-23 below. The fifteen (15) day period may be waived with the consent of all non-consenting owners of the property. (1) The purpose of said hearing shall be to determine whether to proceed with consideration of the designation process without the consent of one (1) or more owners of the property. Upon the affirmative vote of at least six (6) of its members at the hearing, the Commission may adopt 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 stating the reason the Commission feels that it should further consider the possible designation of the property without the consent of the owners. The Commission shall then schedule a second public hearing as described in Subsection (c) below. (2) Alternatively, upon the affirmative vote of at least six (6) members at the hearing, the Commission may adopt a resolution to forward the designation matter to the City Council with a recommendation that the site, structure, object, or district proposed for landmark or landmark district designation be designated without the consent of one (1) or more owners of the property. The Commission may adopt such a resolution forwarding the designation matter to City Council only where the eligibility of the site, structure, object, or district is supported by its current individual or district listing on the Colorado State Register of Historic Properties or the National Register of Historic Places, or both. The Commission may recommend modification of any proposed designation, but no proposal may be extended beyond the boundaries of the land described during the initiation of the designation process unless such initiation and hearing procedures are repeated for the enlarged boundaries. The Commission shall set forth in its resolution the findings of fact that constitute the basis for its recommendation. If such a resolution is adopted, no second public hearing nor any additional action by the Commission shall be required. In the event that the Commission does not approve a resolution as described in either (1) or (2) above, the designation procedure shall be terminated. (c) Upon determination by the Commission under Subsection (b)(1) that it should further consider the designation of the property, and following the giving of notice as described in § 14-23 below, the Commission shall hold a second hearing. At least six (6) members of the Commission must be present at such hearing. If at least six (6) members are not present, the members present shall adjourn the meeting to another date within two (2) weeks. If at least six (6) members are not present at such adjourned meeting, the hearing shall be canceled and the designation procedure terminated. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. Such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to § 14-23. . . . Section 3. That Section 14-24 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-24. - Department of Community Development and Neighborhood Services review. (a) The Department of Community Development and Neighborhood Services (“CDNS”) 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 CDNS shall provide information to the Commission regarding whether the site, structure, object, or district is currently listed individually or as a district on the Colorado State Register of Historic Properties or the National Register of Historic Places. Additionally, if available, CDNS shall provide the Commission with a current Colorado Cultural Resource Survey Architectural Inventory Form (“Inventory”). If an Inventory is not available, CDNS at its own cost shall commission an expert to complete an Inventory provided that sufficient time to complete the Inventory exists prior to any hearing scheduled pursuant to 14-22(b) and the property owner consents to allowing such expert to enter onto the property. CDNS shall provide all information related to any application to demolish or alter the site, structure, or object pursuant to Article IV of this Chapter. CDNS 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 any hearing held under Subsection 14-22(c) above. Section 4. That Section 14-26 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-26. - Transmittal to City Council. (a) Within fifteen (15) days after reaching its decision under Subsection 14-22(c) above, the Commission shall transmit to the City Council its recommendation on the designation of a landmark or landmark district, including the description of the property involved and the findings upon which the recommendation was based. . . . Section 5. That Section 14-27 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 14-27. - City Council action. Upon receipt of any the recommendations regarding a proposed designation transmitted by the Commission, the City Council shall schedule the designation for consideration on a date as early as reasonably practicable but no more than seventy-five (75) calendar days after receipt of the recommendation. Such seventy-five (75) day period may be extended upon majority vote of the City Council members present at the time the vote is taken. The City Council may by ordinance designate property as a landmark or landmark district. Due consideration shall be given to the written view of owners of affected property, and in its discretion the City Council may hold public hearings on any proposed landmark or landmark district designation. If the City Council does not so designate a property, then any pending application for a permit to alter or demolish the structure on the property may be approved without the necessity of compliance with Article IV of this Chapter. Section 6. That the approved amendments to Chapter 14 of the Code of the City of Fort Collins contained herein shall apply to all landmark designations initiated pursuant to Section 14-21 of the Code of the City of Fort Collins on or after January 1, 2016. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk without LPC Hearing #2 ATTACHMENT 1