HomeMy WebLinkAbout09867ORDINANCE NO. 9867
AN ORDINANCE AMENDING TITLE IV, CHAPTER 14,
SECTION 8(l) OF THE PUEBLO MUNICIPAL CODE
RELATING TO THE DESIGNATION OF LANDMARKS OR
HISTORIC DISTRICTS
WHEREAS, the City of Pueblo, as a Certified Local Government, pursuant to the
provisions of 16 U.S.C. § 470, as amended, is authorized by the Colorado State Historic
Preservation Office (History Colorado) in partnership with the National Historic
Preservation Association and National Parks Service Department of Interior to designate
local landmarks and historic districts; and
WHEREAS, the State of Colorado Land Use Control Enabling Act CRS 29-20-
104(1)(c) empowers local governments to “plan for and regulate the use of land” by
“preserving areas of historical and archaeological importance.”; and
WHEREAS, Section 4-14-8 (l) of the Pueblo Municipal Code currently requires
cultural resources listed on the National Register of Historic Places be automatically
included in the Pueblo Inventory of Cultural Resources as designated Landmarks or as
designated Historic Districts and shall be subject to the regulatory provisions of the
Pueblo Historic Preservation Code; and
WHEREAS, History Colorado recommends that the listing of properties on the
National Registry should not automatically require these properties to be included on a
local listing of landmarked properties because this procedure runs counter to the intent of
the National Register program goals; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 4-14-8(l) of the Pueblo Municipal Code is hereby amended and modified
to read as follows:
Sec. 4-14-8. -- Designation of Landmark or Historic District.
. . .
(l) All cultural resources listed with the consent of the then owners thereof on the
National Register of Historic Places as of the date of the enactment of this Chapter or
any subsequent properties, upon listing with the consent of the Owner thereof, will
automatically be included in the Pueblo Inventory of Cultural Resources as designated
Landmarks or as designated Historic Districts and shall be subject to the provisions of
this Chapter. An Owner of a property subject to automatic inclusion pursuant to
this subsection (l), may file an application with the HPC for exclusion from the
Pueblo Inventory of Cultural Resources, provided that such application is filed
within one hundred eighty (180) days of the property first being registered on the
National Register of Historic Places. For properties included in a newly listed
National Register Historic District, owner(s) of said property may petition in
writing to the HPC to decline inclusion in a future attendant Pueblo Historic
District. Said petition shall demonstrate opposition by a simple majority of
owners in such future Pueblo Historic District. The application shall be granted
or denied, in whole or in part, pursuant to the procedures set forth subsections
(d) through (k) above.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of the Ordinance to implement the policies and
procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days after the date of final action
by the Mayor and City Council.
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Signature page to follow
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 28, 2020.
Final adoption of Ordinance by City Council on January 11, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on January 13, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-11
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: December 28, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING TITLE IV, CHAPTER 14, SECTION 8(l) OF
THE PUEBLO MUNICIPAL CODE RELATING TO THE DESIGNATION OF
LANDMARKS OR HISTORIC DISTRICTS
SUMMARY:
Attached for consideration is a Text Amendment that will amend Title IV of the Pueblo
Municipal Code relating to the designation of landmarks or historic districts, which would
enable property owners to request a waiver from having their property be automatically
included on the local Pueblo landmark or historic district listing in conjunction with their
property being included on the National Register of Historic Places.
PREVIOUS COUNCIL ACTION:
The Pueblo Historic Preservation Code was established by City Council Ordinance 6888
in 2002.
BACKGROUND:
The City is proposing a Text Amendment to the Title IV Municipal Code Section 4-14-8 (l)
Designation of Landmark or Historic District. This Ordinance will add exceptions so that
owners of property listed on the National Register of Historic Places may petition for a
waiver of listing of said property as a landmark or contributing resource in an historic
district in the Pueblo Inventory of Cultural Resources.
The intent of the 2002 Historic Preservation Code was to preserve and protect over fifty
(50) places in the City of Pueblo that were listed on the National Register from 1974 to
2002. However, since the adoption of the Historic Preservation Code in 2002, only five
(5) properties within the City of Pueblo have been listed on the National Register. Property
owners have indicated that they have not submitted applications for National Register
designation because of Section 4-14-8 (l) of the City’s Historic Preservation Code, which
automatically lists a newly listed National Register property on the local Pueblo register.
This Ordinance will enable property owners who receive a waiver to have their property
excluded from the local Pueblo landmark or historic district listing in conjunction with their
property being included on the National Register of Historic Places.
FINANCIAL IMPLICATIONS:
There are no financial implications to the City nor property owners.
BOARD/COMMISSION RECOMMENDATION:
The Historic Preservation Commission, at their July 8, 2020 Regular Meeting, voted 4-0,
to adopt their own Resolution No. 2019-01, recommending approval of this proposal. At
their December 9, 2020 Regular Meeting, they voted 7-0 recommending approval of a
revised proposed ordinance providing for the text amendment to be consistent with the
Historic Preservation Code.
STAKEHOLDER PROCESS:
The Historic Preservation Commission developed this proposal at the request of
members of Historic Pueblo, Inc.
ALTERNATIVES:
If City Council does not approve this Ordinance, the property nominated and listed on
national historic registers will continue to be automatically listed as landmarks or historic
districts on the Pueblo Inventory of Cultural Resources.
Upon request of City Council, the Text Amendment Ordinance could be returned to the
Historic Preservation Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Proposed Ordinance
Minutes of the Historic Preservation Commission July 8, 2020 and
December 9, 2020 Public Meetings
Historic Preservation Commission Resolution No. 2019-01