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HomeMy WebLinkAbout08078•;t ►T► ►• :8 : AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 14 OF TITLE IV, SECTION 51 OF CHAPTER 4, SECTION 51 OF CHAPTER 5, AND SECTION 05 OF CHAPTER 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE CONSOLIDATION OF THE ARCHITECTURAL REVIEW BOARD AND HISTORIC PRESERVATION COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 4- 14 -04, of Chapter 14, Title IV of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsection (e) to read as follows: Sec. 4 -14 -4. Historic Preservation Commission (HPC). (e) All HPC members shall have demonstrated interest, experience, knowledge or training in fields closely related to historic preservation. To the extent available, Council shall appoint members to HPC who have backgrounds in history, architecture, landscape architecture, architectural history, archaeology, planning or other historic preservation related disciplines such as the building trades, cultural geography, cultural anthropology, education, ethnic organizations, fine arts, finance, commerce, real estate or law. Also to the extent available, Council shall appoint one (1) member who is a tenant or real property owner from the Historic Business Zone District (HB). Council shall attempt to maintain the balance of interests and skills of the members of HPC; however, at least three (3) members of HPC should be professionals in historic preservation related fields. SECTION 2. Section 17 -4 -51, of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsection (12.1)(d), (12.1)(e)1., (12.2)(d), (12.2)(e)(6)e), (12.2)(e)8., (12.3)(d), (12.3)(e)(8), (12.3.1)(d), (12.3.1)(e)(8), to read as follows: (12.1) Historic Business Zone District (H.B.): d. [Architectural Review Board.]No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in any historic business zone district until the [Architectural Review Board as established and described in Section 17 -5 -51] Historic Preservation Commission as established and described in Section 4 -14 -04 has reviewed, approved and issued a written certificate of compliance for such work. e. Performance standards. 1. All exterior additions, alterations and renovations shall be approved by the [architectural review committee] Historic Preservation Commission prior to commencement of work or before the issuance of a building permit where one is required. (12.2) Historic Arkansas Riverwalk of Pueblo Zone District — One (HARP 1) d. [Architectural Review Board.] Review Process. 1. [The Architectural Review Board means the Board established and described in Section 17 -5 -51. 2.] No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in a [historic business zone district or] Historic Arkansas Riverwalk of Pueblo Zone District until the [Architectural Review Board] Planning and Zoning Commission has reviewed, approved and issued a written certificate of compliance for such work. e. Performance standards — Building facades that abut a street right -of -way of parking facility. 6. Exterior building materials and exterior color. Exterior building materials and exterior color shall meet the following conditions: e) Colors used for mullions and trim shall be from an accepted commercial historic color palette [or a color palette approved by the Architectural Review Board]. 8. Illumination. All lighting or illumination on the exterior of the building [shall be reviewed and approved by the Architectural Review Board and] shall conform with Section 17 -4 -52 of this Chapter concerning outdoor lighting performance standards. (12.3) Historic Arkansas Riverwalk of Pueblo Zone District — Two (HARP 2) d. [Architectural Review Board.] Review Process. 1. [The Architectural Review Board means the Board established and described in Section 17 -5 -51. 2.] No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in a [historic business zone district or] Historic Arkansas Riverwalk of Pueblo Zone District until the [Architectural Review Board] Planning and Zoning Commission has reviewed, approved and issued a written certificate of compliance for such work. e. Performance standards. 8. Illumination. All lighting or illumination on the exterior of the building [shall be reviewed and approved by the Architectural Review Board and] shall conform with Section 17 -4 -52 of this Chapter concerning outdoor lighting performance standards. (12.3.1) Historic Arkansas Riverwalk of Pueblo Zone District —Three (HARP 3) d. [Architectural Review Board.] Review Process. 1. [The Architectural Review Board means the Board established and described in Section 17 -5 -51. 2.] No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in a [historic business zone district or] Historic Arkansas Riverwalk of Pueblo Zone District until the [Architectural Review Board] Planning and Zoning Commission has reviewed, approved and issued a written certificate of compliance for such work. e. Performance standards. 8. Illumination. All lighting or illumination on the exterior of the building [shall be reviewed and approved by the Architectural Review Board and] shall conform with Section 17 -4 -52 of this Chapter concerning outdoor lighting performance standards. SECTION 3. Article IV, Title XVII of the Pueblo Municipal Code is hereby deleted in its entirety: [Article IV Architectural Review Board; Establishment and Duties Sec. 17 -5 -51. Establishment of Architectural Review Board. There is hereby created an Architectural Review Board which shall consist of seven (7) persons appointed by resolution of City Council for such terms and upon such conditions as described in such resolution. The Board shall be composed of two (2) tenants or real property owners from the Historic Business Zone District (HB), two tenants or real property owners from any of the three Historic Arkansas Riverwalk of Pueblo Zone Districts (HARP -1, HARP -2 and HARP -3, one (1) architect or other design professional, the Building Official for the Pueblo Regional Building Department or the Building Official's designee and, one at -large resident of the City of Pueblo. (Ord. No. 6261, 9 -22- 97; Ord. No. 8002, 4- 27 -09) Sec. 17 -5 -52. Building permit. No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in any historic business zone district or Historic Arkansas Riverwalk of Pueblo Zone District until the Architectural Review Board has reviewed, approved and issued a written certificate of compliance for such work. (Ord. No. 6261, 9- 22 -97) Sec. 17 -5 -53. Application. (a) All persons wishing to construct or perform work to the exterior of a building shall submit a completed application for such work to the Board. Any completed application submitted by the last working day of a calendar month shall be reviewed no later than the last working day of the following calendar month. Failure of the Board to act upon the application timely shall be deemed to be approval by the Board unless such time for review is continued by the Board for good cause. (b) The applicant shall provide to the Board in sufficient detail complete plans and specifications, a rendering for the proposed construction or exterior change, and a site plan showing the proposed work and its relationship to adjacent properties. (Ord. No. 6261, 9- 22 -97) Sec. 17 -5 -54. Procedure. (a) The Board shall appoint annually a chairperson and vice chairperson and may adopt rules of procedure which are consistent with this Chapter and the administrative code and Charter of the City. (b) The Board shall determine if the proposed work meets the intent and purpose of the zone district in which the structure is located. The Board shall consider the proposed exterior architectural design or any change to the exterior of the building to ensure compatibility with surrounding structures. (c) A majority vote of the entire Board shall be required to approve any proposed exterior work. (d) The Board shall maintain a written record for all applications submitted to it and of all actions taken by it, and such records shall be available to owners for inspection at reasonable business hours. (e) The Board and its members shall not be liable in damages to any person submitting requests for approval, or to any tenant or property owner within the district by reason of any action, failure to act, approval or disapproval in regard to any matter within its jurisdiction. (f) Any person adversely affected by a decision of the Board may seek review by the City Council of such decision by filing with the City Clerk, within twenty (20) days after the date of decision of the Board, a written request for review, specifying in detail the provisions of the Board's decision the person asserts are arbitrary or capricious or beyond the jurisdiction of the Board, and the grounds and reasons in support thereof, together with a copy of the Board's decision. The City Council shall conduct a hearing on review limited to the provisions asserted to be arbitrary or capricious or beyond the jurisdiction of the Board, and the grounds and reasons in support thereof specified in the request for review. The person seeking review and the Board shall be given written notice of the date, time and place of the hearing on review at least ten (10) days prior to the date of the hearing. Notice to the person seeking review shall be given by first -class mail, postage prepaid, at the person's address as shown in the records of the Board. No other notice need be given for such hearing. The City Council shall sustain the decision of the Board if it finds that the Board did not exceed its jurisdiction or act in an arbitrary or capricious manner. If the City Council finds that the Board exceeded its jurisdiction or acted in an arbitrary or capricious manner, the City Council shall return the matter back to the Board for redetermination within thirty (30) days consistent with the City Council's written findings. The hearing on review shall be conducted as near as practicable in accordance with the procedures set forth in Chapter 7 of Title I of this Code. The decision of the Board shall be stayed pending review by the City Council. (g) Any person adversely affected by a decision of the Board, by a decision of the Board sustained by the City Council or by a decision of the Board on redetermination as provided in Subsection (f) above may seek judicial review by the District Court, Pueblo County, Colorado, in the manner provided in Rule 106(a)(4), C.R.C.P. A complaint seeking such review shall be filed in said District Court not later than thirty (30) days after the date of the decision of the Board if a timely request for review by the City Council has not been filed with the City Clerk as provided in Subsection (f) above; or, if such request for review has been timely filed, not later than thirty (30) days after the date the City Council sustains the decision of the Board or the date of the decision of the Board on redetermination, whichever occurs first. (Ord. No. 6261, 9- 22 -97; Ord. No. 7557 §1, 12- 11 -06) Sec. 17 -5 -55. Variances. The Zoning Board of Appeals, after receipt of a recommendation from the Board, is authorized to grant reasonable variances or adjustments from any conditions and restrictions imposed by Subsections 12.2 and 12.3 of Section 17 -4 -51 to overcome practical difficulties and prevent unnecessary hardship arising from applying the requirements and restrictions contained in said subsections. Such variances or adjustments shall be granted only when such will not be materially detrimental or injurious to other property or improvements in the applicable district and shall not be contrary to the general intent and purpose of said Subsections 12.2 and 12.3. (Ord. No. 6261, 9 -22- 97)] SFrTinN 4 Section 17- 10 -05, of Chapter 10, Title XVII of the Pueblo Municipal Code is hereby modified by the amendment of subsection (g) to read as follows: Sec. 17- 10 -05. Sign standards. (g) Nonresidential Districts: HB, HARP -1, HARP -2, HARP -3. Signs in the HB must comply with the Historic Business District Guidelines. [,] Signs in the HARP -I, HARP -2, HARP -3 Districts are regulated by the Planning and Zoning Commission [Architectural Review Board (see Section 17- 5 -51)]. SECTION 5. This Ordinance shall become effective immediately after final passage and approval. INTRODUCED: September 14, 2009 F-W Michael Occhiato COUNCILPERSON A77TSTFD SY: CITY CLERK APPR D' } �, PRESIDENTaf City Council PASSED AND APPROVED: September 28, 2009 Background Paper for Proposed ORDINANCE AGENDA ITEM # R -11 DATE: SEPTEMBER 14, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 14 OF TITLE IV, SECTION 51 OF CHAPTER 4, SECTION 51 OF CHAPTER 5, AND SECTION 05 OF CHAPTER 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE CONSOLIDATION OF THE ARCHITECTURAL REVIEW BOARD AND HISTORIC PRESERVATION COMMISSION ISSUE Should the City Council amend Chapter 14 of Title IV and Chapters 4, 5 and 10 of Title XVII of the Pueblo Municipal Code relating to the consolidation of the Architectural Review Board and Historic Preservation Commission? The Planning and Zoning Commission, at their August 12, 2009 Work Session, voted 5- 0 to recommend approval. BACKGROUND Presently, Sections 17 -4 -51 (12.1) of the Pueblo Municipal Code (PMC) requires any work undertaken or commenced to construct, reconstruct, remodel, repair, paint, rehabilitate or in any way alter or modify the exterior of any building in any Historic Business Zone District until the Architectural Review Board has reviewed, approved and issued a written certificate of compliance for such work. The Historic Preservation Commission, created by Chapter 14 of Title IV, reviews and approves the same types of work as does the Architectural Review Board. In addition, the Architectural Review Board reviews all site plans for all three HARP Zone Districts. This was originally necessary because the initial HARP Zoned lots directly adjoined and had an impact on the Union Avenue Historic Business District. The proposed Ordinance will lessen the amount of duplicated staff work necessary for the two Historic Preservation boards. The Ordinance will move the review authority from the Architectural Review Board for all work done in the Historic Business Zone District to the Historic Preservation Commission. The proposed Ordinance also moves site plan approval authority for HARP zoned lots to the Planning and Zoning Commission. FINANCIAL IMPACT None.