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Downtown Area Committee 12-12-2002SANGER DOWNTOWN AREA COMMITTEE THURSDAY, DECEMBER 12, 2002 6:00 P.M. 412 BOLIVAR - SANGER ORGANIC DEPOT 1. Call Meeting to Order. 2. Approve Minutes. 3. Consider and Possible Action on the Proposed Changes to the City of Sanger Ordinances in Reference to the Historic Preservation and Downtown Area, 4. Adjourn. Rosalie Chavez, City Sectary Date and Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 45&7930 for further information. AGENDA SANGER DOWNTOWN AREA COMMITTEE TUESDAY, NOVEMBER 26, 2002 6:00 P.M. 1. Call Meeting to Order. 2. Approve Minutes: November 14, 2002 3. Consider and Possible Action and Review of the Proposed Changes to the City of Sanger Ordinances Relating to the Downtown/Historic Areas. 4. Adjourn. Rosalie Chavez, City ej Date and Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information, November 21, 2002 Downtown Committee Members, Thank you for all the input and quick work on Thursday. We will vote on what constitutes a quorum for our committee at the next meeting. I decided to "cut and paste" a new document based upon the preliminary decisions made on Thursday night instead of typing a completely new form, this way I can get the document to you while our thoughts are still fresh. I will type the changes before the next meeting. The following document is the "cut and paste" document we created. It combines paragraphs and ideas from primarily Bastrop, Sanger and Pharr. In many areas we did not discuss the actual phrases, only stating we liked this one better than another. As you read this document, consider what phrases you like best. Please review the document for redundant statements, thoughts, paragraphs and phrases. Pick the most appropriate one to place in the new document. Highlight any changes you see necessary. While all topics are still open for discussion, topics that have yet to be discussed are: Bastrop document - Certificate of Appropriateness Demolition Hardship Sanger document - pages 47-52 The order of the pages may also need to be revised. For example, I would like the qualifications of the commission to be closer to the beginning of the document so that page 49 of the Sanger document can be located closer to the current pages 5 and 6 of the "cut and paste" document. You may also find sequencing problems. Also to be decided upon is what %should be allowed for a tax exemption? I think I would still like a professional (i.e. real estate, architect, historian, engineer, etc.) of some sort on the commission if possible. areas. Boundaries of districts still need to be addressed. Be thinking about what you want in terms of streets or VT pushed through some area too fast, we can revisit it at the next meeting. Meeting dates: (call 458-7114 -Polly, if you can't attend or need to change the date, time, or place) November 26 6*00 4*00 pm Organic Depot Tuesday If we can get a quorum and also get an agenda posted today (Friday). I am afraid if we wait two weeks again, it will be like reading a new document once again. December 5 6:00 pm Organic Depot Thursday If there is no P and Z scheduled, I would like to work until at least 8 pm December 12 6:00 pm Organic Depot Thursday There is more than likely a P and Z at 7: 00 on December 12. Does the committee want to consider Tuesday or Wednesday of this week instead? December 19 6*00 pm (if needed) Organic Depot Thursday I hope we are through by Christmas and ready to submit the document to the City Council the first meeting in January. Sincerely, Section 1. Declaration of Policy & Purpose The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest ofthe culture, prosperity, education and general welfare ofthe people. It is recognized that the City of Pharr represents the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produces significant historic, architectural, and cultural resources that constitute their heritage. The purposes of this ordinance are: (1) To protect, restore, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, cultural, social, economic, ethnic and political history and to develop appropriate settings; (2) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; (3) T stabiliztLiit4� prove property values in the vicinity by encouraging the most appropriate use of property and landmarks; (4) To foster civic pride in the beauty and accomplishments of the past; (5) To protect and enhance the city's attractiveness and visual appearance to visitors and locals in order to support and stimulate retail business and residential development; (6) To strengthen and stimulate the local economy and promote the welfare of the city; and (7) To promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people of the City and visitors to the city. (8) To ensure the harmonious, orderly, efficient and integrated development of the City; Section 2. Pharr Historical Commission. General. These provisions pertaining to the establishment of a Historical Commission constitute a part ofthe Comprehensive Plan ofthe City. B. Definitions l _ The following de#itions shall apply to this ordinance. .AlteratSon: A plieal change in or to the exterior of a building. Architectural eonol: Regulations governing the appearance yr architectural style of or stntctures. � Building: Abusuch as a house, barn, church, hotel, or similar construction is c�ated to shelter any fo ': f human activity. Building also may be used to refer to a historicall and functionally �relat emit, such as a courthouse and jail or a house and barn. Case law: This i�e body of law developed through hearings and judgments of specific sues (cases) by courts ''law. Certificate of ap priateness: A signed and dated document evidencing the approval df the Landmark Cow . �on for wo>!k proposed by an owner of applicant. Comprehensive pil' ; : ,A document or series of documents prepared by a planning or departme;at se ' ,' forth policies for the future of a community. Demolition; An t or process which destroys a site or structure in its entirety, yr v�hich destroys a part ��a site or struetttre and permanently impairs its structural, historic or architectural integrity. J Designreview: ' decisions _ making process conducted by an established review committee of a local government at is guided by the terms set iin the historic preservation ordinance. design review guy lixtes; These are a set of guidelines adopted by the commission that d tails acceptable alterati of designated properties. They are usually generously ilhtsnrate4 and r` written in a manna ;'that would be understood by most property owners. District: A buildings, st development. Historic landn out in Section ordinance. Historic history, Historic resor historical, and Integrity: The characteristics t Inventory: A 1 spec'fled criteria C?bject: The tee that are priman Although it may or environment, Ordinary ; considered floor with Overlay zones: and is imposed zone must conf Folice powex: safety, morals, S. ct possesses a significant concentration, linkage, or continuity oc sites, es, or objects united historically or aesthetically by plan or p4ysical i A, Structure, building or site which satisfies two or more of the criteria set paragraph C.2, and which is designated as such in accordance wih this f A district, site, building, structure, or object significant in Atn�brican engineering, archeology, or culture at the national, state, or local Level. F This generally is the same as a historic property. it includes ax'chite6tural, ological properties as well as landscape features. a $enticity of a property's historic identity, evidenced by survival of pliysical ;existed during the property's historic or prehistoric period.it Hof historic properties that have been identified and evaluated as m�:etiug a significance. abject is used to distinguish from buildings and structures those constructions artistic irn nature or are relatively small in scale and simply cons"cted, by nature or design, movable, an object is associated with a specific setting ah as statuary *in a designed landscape. Vince: This generally refers to activities relating to a property that woiid be ar common for maintaining the property, such as the replacement of a porch r mookind materials. It also may include other activities such as painting, het of zoning requirements that is described in the ordinance text, is mapped, iidition to those of the underlying district. Development within the oSerlay to the requirements of bout zones or the more restrictive of the two. i authority of government to exercise controls to protect the public's health, :general welfare. Preservation: Tingact or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include Wti4p,l'j�tabilization work, where necessary, as well as ongoing maintenance of the historic building terials. Preservation pla!i1ng: This refers to the planning for the continued identification and evaluation of histoy properties and for their protection and enhancement. Ott •� Z I ' I I Rehabilitation: e act or process of accurately recovering the form and details of a prpperty and its setting as Jt� iippeared at a particular period of time by means of the removal of late$ work or by the replacet d qnt of missing earlier work. Significant maa . rk: A structure, building, or site which satisfies two or more of the et`iteria set out in Section; , paragraph C.1, and which is designated as such in accordance wits this ordinance. 'i Site* A site is they I*ation of a significant event, a prehistoric or btistooccupation or activity, or a building or ; Atucture, whether standing, rained, or vanished, where the location; itself possesses historic cultural, or archeological value regardless of the value of any existing structure. ':; j i Structure: The Coin `xtrrucWe" as used herein includes buildings and other structures in addition to those t`Gistructions usually intended for creating shelter. r Section 2. Categories of Protection A. Establishment Categories There shall be P categories of protection for historically, culturally, architecturally or archaeologically si ifitcant properties in. the City of Bastrop, as follows. (1) Sigcant Landmark; �tC1:c�� (2) His(Otic Landmark. r I B. General Criter The criteria to be ' Red in order to determine whether structures qualify for designation as a Significant or Historic Landmark are as follows: (z) Fosses significance is history, architecture, archeology, or culture. (2) Is;aisociated with events that have made a significant contribution to thelbroad patterns of local,ii r gional, state, or national history. i (3) Is 41. ociated with the lives of persons significant in our past. f R (4) Ej* tidies the .distinctive characteristics of a type, period, or method of construction. (5) Repsents the work of a master designer, builder, or craftsman. (� Repsents an established and familiar visual feature of the city. (7) Is Landmark, or is � gal. '•� � � ' or State Archeological (1) UI Significant Landr (2) H3 Landmark if it ha if the owner of thereby agrees to (1) a pant of the dual Categories f ant Landmark - A structure, building or site may be designated; as a if it meets two or more of the criteria set out in subsection B. c Landmark - A structure, building or site may be designated as an eady met the criteria as a swnficant structure by the City of Bastr property agrees to the additional designation of Historic Landn aply with all procedures for a Certificate of Appropriateness. provisions pertaining to the designation of Significant Landmarks c iensive zoning ordinance and the official zoning map of the City of 1 1 • 11 , LI 1 ! 1 fl : 1 : 1 1 • • , !-- n the recommended designation. Suc1 hearing shall be conducted of Bastrop, die Commission s public hearing, owners, t i ro 1 1' 1.' t • t t !W 0 • Sol, (3) Up`: ; 'recommendation of the Commission, the proposed Significant I,anc�mark shall be submitted the Zoning commission within thirty (30) days from the bate of submittal of the designation 11 ; est. The Zoning Commission shall give notice and conduct its lvaring on the proposes d 'on within forty-five (4S) days Qf receipt of sulch recommendation from the Commission* ch hearing shall be conducted in the same manner and according o the same procedures i i 4gecifically provided in the general Zoning ordinance of the City of B p. The Zoning Co sion shall make its recommendation to the City Council within fo -five (45) days subsequ to the bearing on the proposed designation. — -- --........,,,...,....,+,..,:,.tee•, ,,..,, (4) Th���ity Council shall schedule a hearing on the Commission's recommendation to be held withal forty-five (45) days of receipt of the recommendation of the Zoning Commission. Thu: Oty Council shall give notice, follow the publication procedure, hold and make its de ination in the same manner as provided in the general zoning ordinance of the City of Bastrd N 3 (5) Upa designation of a structure as a Significant Landmark, dmark, the City Council shall cause the designa,trt to be recorded in the Official Real Property Records of Bastrop County, Texas. An zoninWjnaps shall be amended to indicate the. location of the designated stnictures with an appropre mark, and the property owner shall be notified in writing of such designation, (6) Ups` designation of a structure as an Historic Landmark, tfie City Council shall cause the t%signa6 to be reflected in the tax records of the City of Bastrop. All zoning maps shall be amended tW; indicate the location of the designated structures with an appropriate ;mark, ignation. and the propertyder shall be notified in writing of such des (1) Folit wing designation of a structure as a Significant Landmark, the owner/owners of said structure ; y make application to the Commission for designation as an Historic Landmark. (2) Upofi? receipt of a completed application for Historic Landmark designatio*, and approval of said lication by the Commission, the owner/owners of said property may, enter into- a contractual ont with the Conundssmv to maintain the property according to design guidelines adopted the Landmark Commission. Upon completion of this agreement an with the approval of E' Council, the owner/owners of said property shall be entitled to all incentives contaiojea, in Section 3. F. Relationship of sig_nations to Zoning (a) De$natiou of a structure by the City Council as a Significant Landmarkl or an Historic Land Is intended as a zoning overlay which supplements the primary wndlying zoning. district cla: ihcation. The- permitteduses of the- property shalt be determined and controlled by thetl;.se regulations set for the primary zoning district classification fdr the property. (b) If ;there is any conflict between the design guidelines and M provision pf the Zoning C3rdu' wce, the most restrictive regulation shalt apply. :l . (c} If re is any conflict betwom the" provisions of this Section and any l other provision of the Zo'mg Ordinance, the most restrictive regulation shall apply, in the a, of a specific direct a to the contrary. The designation of a property shall be subject to review by the Commisss' in, the Planning and Zoning Commission shall then recommend such designation to C`i ` Council, who shall be the final authority, ins accordance with the Zoning Ordinance and S6 taw. 2}8.2 Creating Historic District The City Council may from time to time designate certain areas as historic districts, and define, amend, or eliminate the boundaries of same. Such districts shall bear the word tistoric" in their zoning designation and property therein shall continue to bear its use esignation as provided in the general zoning provisions of this ordinance. Before taking any such action, the Council shall submit the same to the City Planning and Zoning Commission for their recommendations and reports. The Planning and Zoning Commission shall give notices, conduct its hearing and make recommendations to the City Council in the same manner and according to the same procedures as specifically provided in the general zoning provisions of this ordinance. In like manner, the City Council shall give notices, follow the publication procedure, hold hearings, and make its determination in the manner as provided in the general zoning provisions of this ordinance. All procedures and provisions relative to zoning set forth in the general zoning provisions of this ordinance not in conflict with the terms of this Section are hereby adopted and made apart hereof Designating Significant District Boundaries Historical Downtown Area Historical .Area A Historical Area B w� Significant Area A Signcant Area B 28.18 Partial Tax Exemption For Historically Significant Sites (1) Definition - As used in this subsection 28.18, "Historic Site" means a historically significant site in need of tax relief to encourage its preservation. Such phrase does not necessarily mean a Historic District or Historic Landmark as used elsewhere in this Section. Section 3. Irlcentxves for $istoric f,andunarks The purpose of .section is to encourage historic preservation by providing incentives far the stabilization, reha , �litation and renovation of properties designated as Historic Landmazl�s. .Incentives 1 ' (1) ption from City Taxes on Structure - A structure edesignated as an historic landmark may be fl pt from a portion of the ad valorem taxes owed to the City of Bastrop, commencing on first day of the tax year following such designation, and following p$ssage by Council of ant dinance declaring such an exemption. The exemption shall prelate only to taxes owed on tI assessed value of the qualifying structure. The exemption shill be administered in tli $orm of a refund by the City of a portion of the taxes paid on the quaI}fymg structure. All suds refunds shall be based on a uniform percentage of the assessed value, determined by tht. pity Council, each budget year, which can be financed by the amo4nt of general funds app riated for such refunds. It is expressly provided, however, thati such refunds shall be iSO ess than 0,15% and no greater than 0.224 of the assessed value of the qualifying structu The assessed value of the land on which such structure is located shill not be exempt from ky ad valorem taxes pursuant to this section. Eligibility for suet tax ,xemption shall re fire compliance with all requirements of this Ordinance, including Section B. (2) Hist;"'c Landmark Marker - Owners of Historic Landmarks shall be presented with an official Ci. ' of Bastrop Historic Landmark marker to so designate their structure; All costs of said in shall be borne by the City. C. ReviglbLCitnFP u�tei� - Upon completion of the historic Landmark agreement, the Historic Preservation Offi shall forward the completed agreement to City Council for final approval Approval by co 4, shall constitute a finding that the structure is an historically sigxiifxcaut site in need of tax reli in accordance with Section 11.24 of the Texas Property Tax Code. The City Manager shq :,insure that written notice of approval of the tax incentive is given tb the Chief Appraiser :the Bastrop Cotutry Appraisal District and to the City of Bastrop Fiance Director. Therea r ik, the City of Bastrop shall provide the property with documentatioir cif the applicabletax ' commewing m January 1 of thetax year umncdiately following the year in which the agree' ;gent is finalized. .a� D Altc ation ark �bestruction of Historic —Landmark - In order to maintain eligibility for incentives in a ' ' with this ordinance, the owner and his representative shall not titer or totally or parti` destroy an Historic Landmark without an approved Certificate of ,Appropriateness ; Demolition Permit during the period of the exemption. In the event that the landmark is a1tO or totally or partially destroyed without an approved Certifiote of Appropriateness ' Demolition permit, the owner shall restore the structure to its original state and' he will no to :'er be entitled to the incentives, immediately repaying to the City all Hof the City Talc revenuo' ;that were not paid because of the exemption plus interest calculated at an annual rate of tw ercent (10%). E. Transferabili ,.s Be its - The benefits of this incentive program relating to stn>?cttues designated Histom' ;Landmark are transferable and run with the property sHowever, every new owner of an Hist6 , Landmark must enter into agreement with the Commission to maintain the tax benefits. If a: w owner does not enter into such an agreement, the tax benefits will tease; however, no refto of past tax benefit amounts will be due from the new owner. The following items shall be used in determining whether a Historic Site has been maintained in accordance with minimum property, structural, and health standards. (a) Any well, cesspool, or cistern shall be securely covered or closed; (b) Dead trees and tree limbs that are reasonably capable of causing injury to a person shall be removed; �'� (c) Any structure or portion of a structure which is vacant shall be securely closed so as to prevent unauthorized entry; (d) Paint or other coatings shall be applied at reasonable intervals so as to protect the exterior surfaces of a structure which are subject to decay; e) The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or refuse; (f) Screens and shutters existing at the time of historic designation or added subsequent thereto shall be maintained in good repair; (g) Broken windows shall be replaced or reglazed, (h) Exterior doors and doorways shall be maintained in good repair and operable condition, (i) Skirting around the structure, if any, shall be maintained in good repair; (j) Porch flooring and supports shall be maintained in a sound condition, capable of bearing an imposed load safely; (k) Railings and handrails of exterior stairs, steps, balconies, porches and other exterior features shall be maintained in a sound condition so as to afford safety; (1) Rotted exterior wood shall be replaced and repainted; (m) Broken or partially missing gutters or downspouts shall be replaced or repaired. (n) Loose bricks or stones in the exterior of a structure shall be reestablished or replaced and all joints weatherproofed by proper maintenance of painting; and (o) Fences and the exteriors of accessory buildings shall be maintained in reasonable repair, including painting if applicable. (6) Tax Assessment of Historic Sites and Determination of the Land Reasonably Necessary for Access and Use Thereof - The City Tax Assessor -Collector shall determine that portion of land which is reasonably necessary for access to and use of those historic structures for which applications for approval of exemptions are pending, and shall assess for taxation all such excess land in the same equal and uniform manner as all other taxable properties in the City. The determination of the City Tax Assessor -Collector shall be final with respect to the amount of land reasonably necessary for access to and use of } the historic structure for which tax exemption is sought. The City Tax Assessor -Collector shall, not later than June 1 of each year or as soon thereafter as is practicable and prior to the levy of taxes for the current year, forward the application for tax exemption to the City Council after having indicated thereon the assessed values of the historic structure and land necessary for access to and use thereof and the assessed value of the land determined to be in excess of that necessary for access to and use thereof. (7) Rendition and Assessment of Historic Sites for Ad Valorem Taxation The provisions of this subsection pertaining to partial exemption of historic properties do not change the provision of any other section of the City Code pertaining to taxation, and the applicant's properties shall be rendered and assessed in the same manner as any other property in the event the City Council elects to disapprove the application for exemption. (8) Additional Tax - Each year during which the historic site is granted a tax exemption pursuant to provisions of this subsection, the Tax Assessor -Collector shall note on his records the assessments which would have been made had the property not qualified for tax exempt status under this subsection that it is no longer a Historic Site due to failure to comply with this subsection, the property shall be subject to an additional tax, the difference between the taxes paid or payable, under the provisions of this section, and the amount of tax which would have been payable for the preceding three (3) years had the land not been approved for tax exemption under this subsection, or for a lesser number of years, if any, during which such land has been exempt. Taxes provided by this subsection shall be due and payable at once and if not paid within ninety (90) days thereafter, shall be deemed delinquent and shall be subject to the same penalty and interest as other taxes for each such year. 28.19 Exemptions From Provisions Of This Section Ordinary repair or maintenance which does not involve changes in architectural and historic value, style, or general design, color, or appearance is exempt from the provisions of this section. 28.5 Historic Preservation Commission Created (1) Creation of Commission There is hereby created a Historic Preservation Commission for historic districts and landmarks hereinafter called the Commission, consisting of seven (7) members. The members thereof shall be appointed by the City Council. (2) Terms of Appointment Members shall serve from July 1 of the _y_ear_of appointment for staggered terms of two (2) years and may be appointed to 'ksuccessive terms of office. The membe the commission shall be identified by place -numbers one (1) through sever(7). he even -numbered places shall expires in the even -numbered years; the odd-ftn1ji ered places shall expire in the odd numbered years. Newly appointed members shall be installed at the first regular commission meeting after their appointment. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the commission shall, at the discretion of the city council, render any such member liable to immediate removal from office. Qualifications of Commission To the extent possible, the City Council shall appoint members to the Commission from: 1. Business owner in the designated areas/landmarks 2. Property owner in the designated areas/landmarks 3. Residence owner in the designated areas/landmarks 4. Sanger Area Historical Society board member 5. One member At Large in the designated areas/landmarks 6. Two members At Large outside of the -designated areas/landmarks All members must live within the County of Denton. � The Chairman of the Commission shall be elected by a majority of the members of the Commission. The first Chairman shall be elected at the beginning of the first meeting held after the members are appointed and each successive Chairman shall be elected at the first meeting held after new appointments to the Commission are made each April. (5) Functions of Commission The Commission shall act in an advisory capacity only, and shall have no power to bind the City by contract or otherwise. It shall be the function of the Commission to advise the Building Official concerning all applications for permits in the historic districts and historic landmarks. 28.6 Meetings r The Commission shall meet on an as needed basis ,,'with advance notice posted according to the Texas Open Meeting Law. Additionally, meetings may be called upon request of the Chairman, or upon written request of three (3) members, or upon notice from the City Secretary that a matter requires the consideration of the Commission. Upon the filing of . an application for a building permit in a historic district, or historic landmark, the Commission shall hold a hearing within fourteen (14) days after the date of filing of such application. The Commission shall take final action on the application within thirty (30) days of the filing of said application. If action thereon is not taken within thirty (30) days after the date of filing of such application, it shall be deemed to have been recommended for approval and a certificate showing the filing date and the failure to take action on the application within thirty (30) days shall be issued by the Commission on demand. The applicant may withdraw the application before the thirty (30) day period expires and may resubmit it at a later time if additional time is required for the preparation of information or for research required by the Commission. A majority of the members shall constitute a quorum, and action taken at a meeting shall require the aff attivvv,, to of a majority of the appointive members in attendance. (With at least two meetings per year to discuss...