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HomeMy WebLinkAbout012 - 02/20/1996 - AMENDING CITY CODE ENFORCING NEIGHBORHOOD CHARACTER DESIGN STANDARDS FOR THE EASTSIDE AND WESTSIDE N ALTERNATIVE 1 ORDINANCE NO. 12, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE 01',THE CITY OF FORT COLLINS FOR THE PURPOSE OF MAKING THE ENFORCEMENT OF THE "NEIGHBORHOOD CHARACTER DESIGN STANDAI S AND GUIDELINES FOR THE EASTSIDE AND WESTSIDE NE1GHB RHOODS IN FORT COLLINS" APPLICABLE TO CONSTRUCTION ON L DMARKS AND IN LANDMARK DISTRICTS, NEW CONSTRUCTION AND I REASES IN THE FLOOR AREA OF BUILDINGS IN AREAS GOVERNED BY SAID S"ANDARDS AND GUIDELINES AND FOR THE PURPOSE OF PROVIDING METHOD OF APPEAL OF STAFF DECISIONS PERTAINING IERETO WHEREAS, the Council, by Ordinance No. 11, 1996 ras approved and adopted the "Neighborhood Character Design Standards And Guidelin for the Eastside and Westside Neighborhoods In Fort Collins"; and WHEREAS, in order to enforce said standards a d guidelines with respect to construction on landmarks and in landmark districts, as well as lie construction and increases in floor area of existing buildings in areas intended to be governed b said standards and guidelines, it is necessary that certain sections of the Code be amended to s incorporate said standards and guidelines; and WHEREAS, the Council has further d ermined that as a part of the implementation of said Standards and Guidelines, Chapter 14 of tl Code of the City should be amended to authorize the City Manager to establish an administra 've process for receiving public input with regard to the possible designation of landmark disti is and landmarks in the City; and WHEREAS, the Council as determined that it is in the best interests that the Code be amended to allow for such enfo ement; and WHEREAS, the Co ncil has also determined that it is necessary to clarify the intended method of appeal of staff ecisions pertaining to said standards and guidelines. NOW, THER ORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as folio , . Section That Sec. 2-353(4) be amended to read as follows: (4) To take final action to approve, disapprove or approve with conditions all planning items in accordance with this Code and Charter subject to the appeal procedures contained in Article II, Division 3 of this Chapter. In taking such final action, the board shall have the authority to accept the dedication of streets, easements and other rights-of-way as laid out on plats presented to the board for approval or as otherwise described in deeds of dedication, whether on Mo Actl oA or off t;ie site of a specific planning item provided that such dedication is necessitated by reason of the approval of such planning item. The board shall also have the authority to vacate easements and other rights-of-way,but not to include streets and alleys, by resolution or by al proval of replats containing notation of such vacation. The board shall further have the authority to hear and decide appeals from, and review any order, requirement, decision or determination made by, an administrative official which pertains to any planning item previously reviewed or approved by the board, or which pertains to "The Neighborhood Character Design Standards and Guidelines for the Eastside and Westside Neighborhoods in Fort Collins" if such appeals and requests for review are filed not later than fourteen (14) days after the action which is the subject of such appeal or request for review. No action shall be taken in reliance upon any such order, requirement, decision or determination until all appeal rights related to such decision have been exhausted. Section 2. That Chapter 14 of the Code of the City be amended by the addition of a new Section 14-32 to read as follows: Sec. 14-32. Administrative Procedure. The City Manager is authorized to establish such administrative processes, not inconsistent with the provisions of this Chapter,as he or she may deem necessary to provide a proper,complete and public process for receiving public input with regard to the possible designation of landmark districts or landmarks Section 3. That Sec. 14-48(b) be repealed and readopted to read as follows: (5) Such -diditional critc,in, as established bythr-h-,tnttmark Piesci vation 't decals tv uc- ilie bust intn es s-of-the City. (5) Whether the proposed work complies with (a) the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings,(b) the Design Guidelines for Historic Old Town Fort Collins, and (c) the "The Neighborhood Character Design Standards and Guidelines for the Eastside and Westside Neighborhoods in Fort Collins," if applicable. Section 4. That Sec. 29-5(a) of the Code be amended to read as follows: Sec. 29-5 Permits and certificate of occupancy. (a) No building shall be erected, moved or structurally altered unless a building permit has been issued by the Building Permits and Inspections Administrator. All permits shall be issued in conformance with the provisions of this Chapter and shall be valid for a period of time not exceeding one (1) year from the date of issuance. If the work to be performed under the permit is governed by the "Neighborhood Character Design Standards and Guidelines for the Eastside and Westside Neighborhoods in Fort Collins," no permit shall be issued unless such work complies with the mandatory requirements thereof.. Section 5. That Sec. 29-41(b) of the Code be amended to read as follows: (b) The Zoning Board of Appeals shall hear and decide appeals from, and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by Articles III and IV,except those determinations which pertain to planning items inatters previously reviewed or approved by the Planning and Zoning Board,and those determinations which pertain to the "Neighborhood Character Design Standards and Guidelines for the Eastside and Westside Neighborhoods in Fort Collins". Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 1996, and to be presented for final passage on the 20th day of February, A.D. 1996. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of February, A.D. 1996. Mayor ATTEST: City Clerk