HomeMy WebLinkAbout011 - 02/09/2016 - AMENDING CHAPTER 14 OF CITY CODE REGARDING LANDMARK PRESERVATION 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 I1, 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.
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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)
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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.
c
(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) 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. `
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(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:
See. 14-27. - City Council action.
Upon receipt of any 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
necess
ity the property may be approved without the e ty 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 the effective date of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 19th day of
January, A.D. 2016, and to be presented for final passage on the 9th day of February, A.D. 2016.
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City Clerk
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Passed and adopted on final reading on the 9th day of February, A.D. 2016.
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ATTEST:
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City Clerk
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Account#: FTC-003160
FORT•COLLI\S
Invoice Text
OAN, NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7
STATE OF COLORADO )
)ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council, on Tuesday,
February 9, 2016, passed and adopted
the following ordinances on second
rending:
Andrew Troncoso being duly sworn, deposes and says that said is the legal clerk of the Fort
ORDINANCE NO.011,2016
O OF THE COUNCIL F THE CITY OF Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and
FORT COLLINS published in the City of Fort Collins, in said count and state; that the notice or advertisement, of
CODE AMENDING CHAPTER 14 OF THE P tY Y
OF THE CITY OF FORT
COLLINS
which the annexed is a true copy,has been published in said daily newspaper for
REGARDING LANDMARK PRESER-
VATION 1 Day;
ORDINANCE NO.012,2016
OF THE COUNCIL OF THE CITY OF
FORT COLLINS that the notice was published in the regular and entire issue of every number of said newspaper
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN during the period and time of publication of said notice, and in the newspaper proper and not in a
THE RECREATION FUND FOR THE
ADAPTIVE RECREATION supplement thereof; that the first publication of said notice was contained in the issue of Said
OPPORTUNITIES PROGRAM 0R
PARALYMPIC SPORT CLUB newspaper
ORDINANCE NO.013,2016
OF THE COUNCIL OF THE CITY OF Sunday,February14,2016
FORT COLLINS
AUTHORIZING THE CONVEYANCE
OF CITY PROPERTY that the last publication thereof was contained in the issue of said newspaper on
AT COLLEGE AVENUE AND
PROSPECT ROAD
TO COLORADO STATE UNIVERSITY Sunday,February 14,2016
ORDINANCE NO.014,2016
OF THE COUNCIL OF THE that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED period of at least six months next prior to the first publication of said notice or advertisement above
PROPERTY AT COLLEGE
AVENUE AND PROSPECT ROAD AS referred to; that said newspaper has been admitted to the United States malls as second-class
ROAD RIGHT-OF-WAY matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said
The full text of these ordinances can be
found at http://fcgov.com/publicnotices newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements
or by calling the City Clerks Office at 970-221-6515. within the meaningof the laws of the State of Colorado.
1049437
Coloradoan
Feb 14,2016
Legal Clerk
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
Monday,February 15,2016 7NOTARY
ONNAMARYLAMAR
LIC•STATE OF COLORADO
My Commission expires September 3,2019 tification#20154035099
es September 3,2019
Nntary Public
Legal No.0001049437
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 15,2016
10:15 am
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Account#: FTC-003160
FORT-COLLINS
/ I Invoice Text
___0_� i_1N NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
STATE OF COLORADO )
)ss: AFFIDAVIT OF PUBLICATION
Legal Notices COUNTY OF LARIMER )
NOTICE IS HEREBY GIVEN that the
JaryI1i9216C s on Tuesday,
nu 1 0 , Psed and adopted Andrew Troncoso ,being duly swom,deposes and says that said is the legal clerk of the Fort Collins
the following ordinances on first
reading. These ordinances will be pre- Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of
2016ed for final Passage on February 2, Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,
ORDINANCE NO.011,2016 has been published in said daily newspaper for
OF THE COUNCIL OF THE CITY OF
FORT COLLINS I Day;
AMENDING CHAPTER 14 OF THE
CODE OF THE CITY OF FORT
COLLINS
REGARDING LANDMARK PRESER- that the notice was published in the regular and entire issue of every number of said newspaper during the
VATION
ORDINANCE NO.012,2016 period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof;
OF THE COUNCIL OF THE CITY OF that the first publication of said notice was contained in the issue of said newspaper on
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN
THE ADAPTIVREATION E D FOR THE
VE RECREATION y,January 24,2016
Sunda ry
OPPORTUNITIES PROGRAM
PARALYMPIC SPORT CLUB
ORDI NANCE NO.013,2016 that the last publication thereof was contained in the issue of said newspaper on
OF THE COUNCIL OF THE CITY OF
FORT COLLINS Sunday,January 24,2016
AUTHORIZING THE CONVEYANCE
OF CITY PROPERTY
AT
PROSPECTCOLLEGE
AVENUE AND that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
ROATO COLORADO STATE UNIVERSITY least six months next prior to the first publication of said notice or advertisement above referred to;that said
ORDINANCE NO.014,2016 newspaper has been admitted to the United States mails as second-class matter under the provisions of the
OF THE COUNCIL OF THE CITY OF
FORT COLLINS Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly
DECLARING CERTAIN CITY-OWNED
PROPERTY AT COLLEGE qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
AVENUE AND ROAD RIGHT-OF-WAY
ROAD ASGHT OF WAY Colorado.
ORDINANCE NO.015,2016
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CITY OF FORT
COLLINS DISTRICT-PRECINCT MAP
The full text of these ordinances can be A���r
found at http://fcg0v.com/publicnotices Legal Clerk
or by calling the City Clerk's Office at
970.221-6515.
1000889
Colorodoon I Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
=Jon 24,2016 I
Monday,January 25,2016 LADONNA MARY LAW
NOTARY PUBLIC•STATE OF COLORADO
My Commission expires September 3,2019 My Idenaiicaton N 20154035099
Expires September 3,2019
Notary Public
Legal No.0001000889
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
Monday.January 25.2016
FORT COLLINS,CO 80521
10:19 am