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HomeMy WebLinkAbout078 - 06/07/1988 - AMENDING CITY CODE RELATING TO THE CULTURAL RESOURCES BOARD AND THE LANDMARK PRESERVATION COMMISSION ORDINANCE NO. 78, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CULTURAL RESOURCES BOARD AND THE LANDMARK PRESERVATION COMMISSION WHEREAS, on September 1 , 1987, the City Council established a Boards and Commissions Review Subcommittee (the "Subcommittee") to review and evaluate the function and performance of the boards and commissions for the purpose of improving communication and enhancing the effectiveness of said boards and commissions; and WHEREAS, the Subcommittee completed its review and evaluation and presented its report to Council on March 4, 1988; and WHEREAS, said report contained a recommendation to transfer historic preservation functions of the Cultural Resources Board to the Landmark Preservation Commission; and WHEREAS, said report also contained a recommendation to include the administration of the Cultural Development and Programming Account as a function of the Cultural Resources Board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 2-203(1) of the Code be repealed in its entirety and the remaining subsections renumbered accordingly. Section 2. That Section 2-203 be amended by adding a subsection (3) as follows: (3) To review and approve proposals for funding from the Cultural Development and Programming Account following established and published guidelines. Section 3. That Section 2-278 of the Code be amended to read as follows: Sec. 2-278. Functions. The commission shall perform all duties relating to preservation of historic landmarks as set out in Chapter 14, including the designation of sites, structures, objects or districts as landmarks and the review and approval or rejection of plans for the construction, alteration, demolition or relocation of any such site, structure, object or district. Decisions of the commission are final unless appealed to the City Council . Section 4. That the definition of Board as contained in Section 14-1 of the Code be deleted in its entirety. Section 5. That Section 14-21 of the Code be amended to read as follows: Sec. 14-21 . Initiation of procedure. Whenever in the opinion of the Landmark Preservation 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 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 any 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 Planning 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 application for designation of a specific landmark or landmark district may be made more than once during any twelve (12) consecutive months. Section 6. That Section 14-22(2) of the Code be amended to read as follows: (2) Signs indicating that recommendation for landmark designation is being considered by the Landmark Preservation Commission shall be posted by the commission for a period of not less than fifteen ( 15 ) days immediately preceding the hearing on all property proposed for landmark designation and on the boundaries of all areas proposed for landmark district designations. Such signs shall be prominently displayed and easily readable from abutting public ways. Section 7. That Section 14-23(b) of the Code be amended to read as follows: (b) The Department of Planning 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 Landmark Preservation Commission in written form at or prior to the hearing. If the department fails to act within seven (7) days after receipt of written notice of the proposed designation, the commission, or a selected member shall immediately request such response of the Director of Development Services. If the department fails to act within ten (10) days after receipt of written notice of the proposed designation, the proposed designation shall be deemed to have been approved by the department. Section 8. That Section 14-24 of the Code be amended to read as follows: Sec. 14-24. Interim control . No building permit shall be issued by the Division of Building Permits and Inspections for alteration, construction, relocation or demolition of a site, structure or object under consideration for landmark designation or any site, structure or object within a district under consideration .for landmark district designation from the date of the hearing of the Landmark Preservation Commission at which a designation is first presented for consideration of any kind until final disposition of the designation by the City Council unless such alteration, construction, relocation or demolition is authorized by resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay in issuance of a building permit due to the provisions of this Section be for more than one hundred eighty (180) days. Section 9. That Section 14-25 of the Code be amended to read as follows: Sec. 14-25. Hearing. (a) At least five (5) members of the Landmark Preservation Commission shall conduct the hearing. If at least five (5) members are not present, the members present may adjourn the meeting to another date within two (2) weeks. If the owners of all property to be designated are not notified by the commission of any known shortage of sufficient members to conduct a hearing at least twenty-four (24) hours prior to any such initial or adjourned meeting, or, if at least five (5) 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 §14-22. (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 Landmark Preservation 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 transcripts provided to each City Councilmember. Written presentations, including the report of the Department of Planning, shall be included in the record of the hearing. Section 10. That Section 14-26 of the Code be amended to read as follows: Sec. 14-26. Findings and recommendations of the commission. The Landmark Preservation Commission shall act officially on each proposed designation within thirty-five (35) days of the hearing. The commission may approve, reject or modify any proposal , but no proposal may be extended beyond the boundaries of the land described in the original resolution unless the initiation and hearing procedure is repeated for the enlarged boundaries. The commission shall set forth in its records the findings of fact which constitute the basis for its decision. If the commission fails to act within the thirty-five-day period, the designation shall be deemed to have been rejected and the designation procedure shall thereby be terminated. Section 11 . That Section 14-27 of the Code be amended to read as follows: Sec. 14-27. Transmittal to City Council . (a) Within fifteen (15) days after reaching its decision, the Landmark Preservation 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. (b) If more than one (1) property is involved in the designation procedure, the Landmark Preservation Commission may approve in part and terminate in part. Each part shall then be treated as a separate action. In no event may any property be added to the area described in the initiation resolution without instituting a new designation procedure. Section 12. That Section 14-28 of the Code be amended to read as follows: Sec. 14-28. City Council action. Upon receipt of the recommendations transmitted by the Landmark Preservation Commission, 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. Section 13. That Section 14-30 of the Code be amended to read as follows: Sec. 14-30. Final notification to owner. Within ten (10) days after the recording of the ordinance or the notice of designation of property as a landmark or landmark district, the secretary of the Landmark Preservation Commission shall send to the owner of each property so designated by registered or certified mail a letter outlining the reasons for such designation and the obligations and restrictions created by such designation. Such letter shall also contain a request that the owner or his or her successors or assigns notify the secretary of the commission prior to: (1) Preparation of plans of the reconstruction or alteration of the exterior of improvements located on such property; (2) Preparation of plans for the construction, alteration, relocation or demolition of improvements on such property. Section 14. That Section 14-53 of the Code be amended to read as follows: Sec. 14-53. Appeal of decisions. Decisions of the Landmark Preservation Commission regarding the acceptability of applications for building permits under §14-46, or applications for approval of work not requiring a building permit under §14-47, shall be considered final decisions within the meaning of §2-46 et seq. , and such decisions shall be subject to the right of appeal to the City Council as set forth in §2-46 et seq. Section 15. That Section 14-54 of the Code be amended to read as follows: Sec. 14-54. Extension of time limits . Any time limit set forth in this Chapter may be extended by mutual consent of the Landmark Preservation Commission and the applicant, or the commission, the Department of Planning and the applicant, whichever is applicable. Section 16. That Section 14-56 of the Code be amended to read as follows: Sec. 14-56. Notification of state or national designation. The Director of Development Services shall promptly notify the Landmark Preservation Commission of any known national or state designations of landmark structures or landmark districts within the city. Introduced, considered favorably on first reading, and ordered published this 17th day of May A.D. 1988, and to be presented for final passage on the 7th day of June A.D. 1988. Mayor ATTEST: lamzllm:�' . City Clerk Passed and adopted on final reading this 7th day of June, A.D. 1988. Mayor TTEST: City Clerk