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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. - 1 - 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) - 2 - 1 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. ` - 3 - (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. ".RrSEA C�I ATTEST: �aLORF�� W �L� City Clerk - 4 - Passed and adopted on final reading on the 9th day of February, A.D. 2016. Off.,ppRTCO�I' ayor ATTEST: CpLORP�� City Clerk 1 - 5 - 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 %,We 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