Explanation
BACKGROUND: This legislation amends Chapter 3327 of the Columbus City Codes, 1959, as part of the implementation of the settlement agreement negotiated between the City of Columbus and The New Victorians Inc. pursuant to Ordinance No. 1431-2004. Ordinance No. 1431-2004 authorized the payment of $127, 000 to The New Victorians and gave the City Attorney the authority to negotiate the non monetary terms in order to settle five pending lawsuits filed by The New Victorians against the members of the Italian Village Commission and certain City employees.
In particular, this legislation clarifies the definition of quorum to mean that a majority of Italian Village Commission members appointed to and serving on the commission are physically present at the meeting. Additionally, this legislation creates a "sunset provision" whereby an application for a certificate of appropriateness will be deemed granted if the commission fails to muster a quorum within 45 days after a completed application is filed with the Historic Preservation Office or for two successive scheduled meetings of any kind. Similarly, an application will be deemed granted if an application is considered at a meeting where a quorum is present and the commission fails to approve or deny the application except where the applicant requests a continuance.
Because this proposed language is inconsistent with existing provisions contained in Chapter 3116 of the City Code as well as the codes pertaining to other architectural review commissions, this ordinance specifies that the changes adopted herein shall supercede any inconsistent language contained in other chapters of the City Code. At the end of one year, the city shall evaluate whether it is appropriate to apply the provisions to all other area commissions exercising architectural review authority At some future point, the City may consider adopting additional code changes to address this inconsistency.
FISCAL IMPACT: None
EMERGENCY DESIGNATION: This legislation is being submitted as an emergency measure in order to implement the settlement terms in a timely fashion.
Title
To amend Chapter 3327 of the Columbus City Codes, 1959, to clarify the definition of quorum in the context of meetings of the Italian Village Commission and to establish the circumstances under which a certificate of appropriateness must be issued by the Italian Village Commission as the result of inaction on a completed application; and to declare an emergency.
Body
WHEREAS, Ordinance No. 1431-2004 authorized the City Attorney to negotiate settlement terms with The New Victorians, Inc. and the payment of $127,500 to resolve five pending lawsuits filed against the members of the Italian Village Commission and certain City employees; and
WHEREAS, as part of the settlement agreement, the City Attorney has agreed to recommend certain code changes to address procedural concerns pertaining to the operation of the Italian Village Commission with respect to consideration of applications for certificates of appropriateness; and
WHEREAS, these changes clarify the definition of quorum and establish the circumstances under which a certificate of appropriateness must be issued by the Italian Village Commission as the result of inaction on a completed application; and
WHEREAS, the procedural changes proposed herein are consistent with due process requirements; and
WHEREAS, the code changes shall only apply to the Italian Village Commission and its operations and shall supercede any inconsistent existing code language found in Chapter 3116 of the Columbus City Codes, 1959, or any other chapter of the City Code; and
WHEREAS, At the end of one year, the city shall evaluate whether it is appropriate to apply the provisions to all other area commissions exercising architectural review authority; and
WHEREAS, this measure is being submitted as an emergency measure in order to implement the terms of the settlement agreement in a timely fashion; and
WHEREAS, an emergency exists in the usual daily operations of the City in that it is immediately necessary to enact the aforementioned code changes in order to timely implement the terms of the settlement agreement and for the further preservation of the public health, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Section 3327.02 of the Columbus City Codes, 1959, be and is hereby amended and shall read as follows:
3327.02 Organization.
As soon as convenient, after the members are appointed by the mayor, the commission shall meet and organize by the election of a chairman and secretary. The commission shall adopt rules of procedure bylaws governing its procedure and provide for regular and special meetings. A majority of the members appointed to and serving on the commission shall be required for official action and constitute a quorum. The commission shall take official action only by a vote of a majority of the members voting on the question on the table, during a public meeting at which there is a quorum. A quorum exists when a majority of the members appointed to and serving on the commission are physically present at the meeting. All commission meetings shall be open to the public. A record of proceedings shall be maintained and available for inspection. Notices of all commission meetings shall be published in the City Bulletin. (Ord. 15 19-89.)
Section 2. That proposed Section 3327.075 of the Columbus City Codes, 1959, be and is hereby enacted and shall read as follows:
3327.075 Issuance of certificate.
(A) At the public hearing the commission shall issue a concept approval pending the submission of final construction drawings to be approved by the commission.
(B) At the public hearing the commission shall issue a certificate of appropriateness to the applicant if one of the following conditions applies:
(1) The alteration, construction, site improvement, or demolition is appropriate as defined by the architectural standards in C.C. 3116.11, 3116.12, 3116.13 or 3116.14, respectively, the pertinent typical architectural characteristics and such guidelines as the commission shall have adopted; or
(2) Although inappropriate such proposal due to unusual and compelling circumstances as defined in C.C. 3116.01 and by C.C. 3116.16 criteria affects only the subject structure and not the listed property or district generally and such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this chapter or of the chapter pertinent to the subject property; or
(3) Failure to issue such certificate will result in a substantial economic hardship for the applicant as defined in C.C. 3116.01 and by C.C. 3116.15 criteria and such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this chapter or of the chapter pertinent to the subject property; or
(4) The commission conducts a meeting at which a quorum is present, and the commission fails to approve or deny the application for certificate of appropriateness, unless the applicant requests a continuance; or
(5) Following the filing of a complete application, pursuant to C.C. 3116.06 and C.C. 3116.07, the commission fails to muster a quorum for two successive scheduled meetings of any kind, or for 45 calendar days following the filing of the completed application, whichever period is shorter.
(C) Approval of a certificate of appropriateness requires an affirmative vote by a majority of the members physically present and voting at a commission meeting. An affirmative vote by any fewer than a majority of the members physically present and voting at a commission meeting shall constitute a denial.
(D) If the proposed alteration will not affect any architectural feature of the structure or listed property, the commission may, without public hearing, review the application and issue a certificate of appropriateness subject to reasonable terms and conditions.
Section 3. At the end of one year, the city shall evaluate whether it is appropriate to apply the provisions outlined in Sections 1 and 2 above to all other area commissions exercising architectural review authority.
Section 4. Section 3. That the aforementioned code changes shall supercede any inconsistent language contained in Chapter 3116 of the Columbus City Codes, 1959 or any other chapter of the City Code not expressly named herein.
Section 5. Section 4. That because these code changes are being adopted pursuant to a settlement agreement and time is of the essence, any readings before the Development Commission or any other body that may be required are hereby waived.
Section 6. Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby submitted as an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.