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HomeMy WebLinkAbout056 - 04/19/1994 - AMENDING CITY CODE PERTAINING TO THE MAINTENANCE OF LANDMARKS AND TO DEMOLITION OR RELOCATION OF HIS ORDINANCE NO. 56, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE MAINTENANCE OF LANDMARKS AND TO THE DEMOLITION OR RELOCATION OF HISTORIC BUILDINGS AND SITES NOT DESIGNATED AS LOCAL LANDMARKS OR LOCATED IN A LANDMARK DISTRICT WHEREAS, the Council of the City of Fort Collins has determined that the inventory of historic buildings within the City is a civic treasure to the City; and WHEREAS, it is in the best interests of citizens of the City that buildings or structures which have been designated by the City as landmarks be maintained to a minimum standard so as to avoid "demolition by neglect"; and WHEREAS, the Council has further determined that buildings or structures which have not been designated as landmarks but are at least 50 years of age and which would qualify as landmark structures should not be demolished or relocated without there first having been an opportunity to document the existence and historic significance of such structure and to explore the effect that the removal or demolition will have on the character of the site and adjacent property and to explore the plans for redevelopment of the property following such relocation or demolition. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 14 of the Code of the City be amended by the addition of a new Section 14-57, with subsequent Sections renumbered accordingly, to read as follows: Sec. 14-57. Minimum maintenance requirements. (a) All buildings or structures designated as landmarks and all structures located within a landmark district shall be maintained in such fashion as to meet the requirements of the Uniform Code for Building Conservation as adopted by the City. The owner of such buildings or structures shall also keep in good repair all structural elements thereof which, if not so maintained, may cause or tend to cause the exterior portions of such buildings or structures to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair which would have a detrimental effect upon the historic character of such structure or the landmark districts, if any, in which they are situated. (b) The Landmark Preservation Commission may request that the Building Permits and Inspections Administrator require correction of defects or repairs to any structure regulated by this Section. Section 2. That Chapter 14 of the Code of the City is hereby amended by the addition of a new Article IV entitled "Demolition or Relocation of Historic Buildings and Sites Not Designated as Local Landmarks or Located in a Landmark District," to read as follows: ARTICLE IV. DEMOLITION OR RELOCATION OF HISTORIC BUILDINGS AND SITES NOT DESIGNATED AS LOCAL LANDMARKS OR LOCATED IN A LANDMARK DISTRICT Sec. 14-60. General . With the- exception_ of any structure governed by Section 203 of the Uniform Building Code or any structure designated as a local landmark or located in a landmark district, no structure (or portion thereof) fifty (50) years of age or older which meets one (1) or more of the criteria contained in §14-5, "Standards for Designation of Sites, Structures, Objects and Districts for Preservation" of the City Code may be demolished or relocated nor shall any permit for such demolition or relocation be issued unless the owner of such structure has complied with the provisions of §§14-61 and 14-62. (This Article shall not apply to interior demolition activities.) Sec. 14-61. Procedures for review of applications for demolition or relocation. (a) The owner of any structure governed by this Article shall make application for City approval of the demolition or relocation of such structure (or portion thereof) on forms prescribed by the city. Said application shall be filed with the Planning Director, and shall be accompanied by a fee of fifty dollars ($50.) to cover the costs of processing the same. Within seven (7) days of the filing of such application, the Planning Director, after consultation with the chair of the Landmark Preservation Commission, shall determine whether demolition or relocation approval should be granted by the Director or whether the application should instead be referred to the Landmark Preservation Commission. Such approval shall be granted, subject to compliance with all other applicable laws, under the following circumstances: 1. the structure (or portion thereof) sought to be demolished or relocated is, upon review, determined to be less than fifty (50) years of age; 2. the structure (or portion thereof) , upon review, does not meet one or more of the criteria contained in §14-5, "Standards for Designation of Sites, Structures, Objects and Districts for Preservation" of the City Code; or 3. the structure (or portion thereof), in the judgment of the Planning Director, lacks any historic significance because of its location, condition, modifications or other factors, and its demolition or relocation would be inconsequential to the historic integrity of the remaining structure, if any, 2 adjacent properties, the surrounding neighborhood and the landmark district in which the structure is located, if any. If none of the foregoing circumstances is determined to exist, the Planning Director shall refer the application to the Landmark Preservation Commission for consideration pursuant to subparagraph (b) below. (b) If it is determined by the Planning Director, pursuant to subparagraph (a) above, that a demolition or relocation permit should not be issued without review by the Landmark Preservation Commission, and upon receipt of all information as required pursuant to subparagraph 2 below, then the Planning Director shall schedule a public hearing on the application before the Landmark Preservation Commission within forty-five (45) days of such determination and receipt, according to the following requirements: 1. An additionaT fee of-two hundred dollars ($200.) sharT bFe paid- by the applicant to cover the costs of processing the request for demolition or relocation before the Landmark Preservation Commission. 2. The applicant shall submit such information as the Planning Director believes is necessary for the full and complete consideration of the request, which information shall include, but not be limited to: a. a completed "Historic Resources of Merit" form for the property, which form shall be provided by the Planning Director for completion by the applicant; b. a report regarding the effect that the removal or demolition of the structure (or portion thereof) will have on the character of the site and the adjacent properties; C. a plan for the redevelopment of the property, which plan shall first be approved by all administrative and/or quasi-judicial decision- making officials and/or boards or commissions as are necessary as a prerequisite to the presentation of construction specifications to the Building Permits and Inspections Administrator if applicable, and if not applicable, then as a prerequisite to the commencement of construction (for purposes of this requirement, allowing the property to lie vacant or fallow shall not constitute "redevelopment") . 3 3. Not less than thirty (30) days prior to the hearing of the Landmark Preservation Commission, the applicant shall : a. Cause a sign to be posted on or near the structure proposed for demolition or relocation, stating that the building or structure is being considered for such demolition or relocation. Said sign shall be at least four (4) square feet in size, readable from a point of public access and shall state that more information may be obtained from the Planning Director. h__ Pravide_ the City with a list of owners of record of all real property within five hundred (500) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land upon which the structure is situated, which list shall be prepared from the records of the Larimer County Clerk and Recorder and shall be typed on mailing labels. 4. Written notice of the hearing shall be mailed by the Planning Director to all persons named on the list provided by the property owner under subsection 3(b) above. Said mailing shall occur at least fourteen (14) days prior to the hearing date. Known representatives of historic preservation groups in the City; and neighborhood groups and organizations and homeowners' associations within the area of notification shall also be mailed written notice. The applicant shall pay postage and handling costs of fifty cents ($.50) per notice. The fact that any notice required under this subsection has not been mailed or received shall not affect the validity of any hearing or determination by the Landmark Preservation Commission. 5. The Landmark Preservation Commission shall review the evidencL- presented at the hearing and shall approve the application (with or without conditions) . Alternatively, it may postpone consideration of the application, for a period not to exceed forty-five (45) days, for any of the following reasons: a. additional information is needed for the full and complete consideration of the request by the Landmark Preservation Commi-syioTry or b. the request has generated substantial neighborhood concerns, and such postponement could, in the judgment of the Landmark Preservation Commission, contribute to resolving these concerns; or 4 C. the Landmark Preservation Commission wishes to consider landmark or landmark district designation of the property in accordance with Article IV, et. seq. 6. In the event that the Landmark Preservation Commission has not made a final decision within sixty (60) days of the date of the submittal of information required pursuant to subsection (2) hereof, in detail acceptable to the Planning Director, then the Landmark Preservation Commission shall be deemed to have approved, without condition, the proposed demolition or relocation. Sec. 14-62. Requirements and conditions for approval of demolition and relocation. (a) Upon approval of the application by the Planning Director or the Landmark Preservation Commission, the owner may obtain a demolition or relocation permit and may thereafter demolish or relocate the structure (or portion thereof) in compliance with all applicable laws, ordinances and regulations. (b) The Landmark Preservation Commission may, as a condition of its approval of the demolition or relocation of a structure (or portion thereof) , require the property owner to provide the city either with photographic documentation of such structure or right of access for the taking of such photographs. (c) The Landmark Preservation Commission shall have the authority to enter into an agreement with the owner of any structure (or portion thereof) proposed for demolition whereby the city or certain designated third parties may enter upon the property upon which such structure is situated, for the purpose of removing and taking possession and ownership of any particular artifacts and other items of historic interest or value, identified in such agreement. Introduced, considered favorably on first reading, and ordered published this 5th day of April , A.D. 1994, and to be presented or final passage on the 19th day of April , A.D. 1994. t Mayor ATTEST: � Iity Cle 5 Passed and adopted on final reading this 19th y o April , A.D Mayor ATTEST: ►41� . City Clerk 6