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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. Remainder of page intentionally left blank 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