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Downtown Area Committee 07-23-2003AGENDA SANGER DOWNTOWN AREA COMMITTEE WEDNESDAY, DULY 23, 2003 6*00 P.M. 201 BOLIVAR 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 and City Attorney Recommendations, 4. Adjourn. Chavez, City Date and Time Posted 10��1 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) 4584930 for further information. NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L,P. Robert L. Dillard, III rdillard@njdhs.com Rose Chavez City Secretary City of Sanger 201 Bolivar Street P.O. Box 1729 Sanger, Texas 76266 Re : Historic Commission Dear Rose: Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214)965-9900 Fax (214) 965-0010 E-mail NJDHS@NJDHS.com June 12, 2003 ROBERT L. DILLARD, JR. (1913-2000) H. LOUIS NICHOLS LAWRENCE W. JACKSON OF COUNSEL At your request, I have reviewed the proposed policy with regard to creating a system in the City to protect historic landmarks and structures. My overall impression is that this document is a plan for creation of a historic preservation commission and mixes zoning functions and regulatory or building functions which should probably be separated when an ordinance is prepared. In my view, there should be two separate processes here. One is the creation of a zoning district, whether as a straight zone or as an overlay, within which the historic structures and landmarks are protected and regulated. This step must follow. the statutory requirements for amendment of your comprehensive zoning ordinance. The next logical step in that process would be to apply the zone or overlay to specific properties in the City. That process would also have to follow the required zoning amendment process. That step would include personal notices to property owners whose property is proposed to be placed under such a zone or overlay. Although creation of a commission and provision of regulatory matters can be done in the context of a zoning ordinance, it is also possible to provide such regulations separately. Some cities do that in the same manner they regulate manufactured housing. Another thought is that the historic commission, its membership, make up, and procedures could be separated from the zoning criteria of the historic preservation zone or overlay. I think the exact function or power of the historic preservation commission that is created by this document is confusing and unclear. In some places it provides that the commission is Rose Chavez Page 2 advisory only and in other places it requires that certain actions by property owners must be approved by the commission. These are inconsistent. If the commission is to be advisory only, then it will provide advice to the planning and zoning commission and the City Council with regard to historic preservation in the City. If it exercises some power to approve plans involving construction or demolition of a historic structure, then it is more than advisory and becomes part of the zoning or building process as a matter of law. If it is truly advisory only, then its advice or review functions are not binding on the building official, the planning and zoning commission, or the City Council. As to the specifics of the document, I will mention a few questions that are generated by it. In the definitions section, there should be a definition of "Commission" which is created and called an historic preservation commission by Section 2B. Then the phrase "landmark commission" is used with regard to an historic/significant landmark agreement. Under the definition of "historic zones", there is a requirement that new construction, renovation, or demolition must be reviewed and "approved" by the commission. This is more than an advisory function for the commission. Then there is the sentence: "The provisions of this document must be addressed." It is not clear what document is referred to. Section 2 is styled "Sanger Historical Commission" and the same term is used in Subsection A. However, Subsection B creates an "Historic Preservation Commission". We need to determine the exact name of this body and use it consistently throughout the document. Subsection E is confusing because it states that the commission shall act in an advisory capacity only but then it requires the commission to "advise the building official" about applications for permits. Presumably, the commission can advise the building official that an application is inadequate. If the building official were free to disregard this advice, then perhaps the commission is advisory only. If the building official is expected to follow that advice, then perhaps this commission is more than just advisory. It is unclear to me what the primary functions of the commission will be. If the commission is to review the City historic areas and landmarks and recommend placement of those areas in an historic zone or an historic overlay district, that recommendation might generate a zoning case with regard to that particular area of the City. The preservation plan described in Subsection 2F is unclear as to what role it plays in the zoning of an area prior to property being designated or zoned for historic preservation. It is the process and the timing of such a step that are unclear to me. Again in Subsection 2G you have a requirement for the commission that is beyond advisory only. 2G states that the commission shall take final action on an application for a building permit in the historic district within 30 days. This certainly appears to be a mandatory step which will be binding on the building official. 56955 NICHOLS, JACKSON, DILLARD, HAGER &SMITH, L.L.P. Rose Chavez Page 3 This is certainly supported by Section 3 which says that the building official shall not take action on the permit until he has received a "recommendation" from the commission. Sections 4 and 5 attempt to create zoning categories and Section 5%. actually attempts to establish zoning districts for each of those categories. As stated above, each of these processes must follow the notice, public hearing, recommendation and amending ordinance provisions of the comprehensive zoning ordinance. The process to be used really becomes involved in Section 4 and probably exceeds the City's power by attempting to add an additional step to the statutory steps for zoning set out in Chapter 211 of the Texas Local Government Code. The City is not authorized to add a step to the zoning process. However, it can provide that the commission may review, study and make recommendations as to the initiation of a zoning case to designate certain property in the City for one of these categories, such as significant landmark. Once that is done, the recommendation can go forward to the planning and zoning commission to initiate a case if it so chooses or if the City Council directs it to do so. I think you should not add all the provisions that you have with regard to the zoning process in Section 4 since these are already established by the comprehensive zoning ordinance and these in Section 4 conflict with the zoning ordinance somewhat. As stated above, the actual designation of specific geographical areas such as you have contained in Section 5C must be done after notice to all property owners in the affected areas, plus all owners within 200 feet of those areas as you are required to do in any zoning case. It appears that the HSLA required by Section 6 will be for property already designated within one of the districts and for which a building permit is sought for alterations or construction of some kind. That is a little unclear from Section 6. This section and the following sections are primarily concerned with enforcement of the criteria established for the creation of each district or overlay. It appears that the criteria for the different districts should be established as a matter of ordinance after presentation of the preservation plan the commission is required to present for approval. The preservation criteria set out in this document are rather vague. Our main concern is that you end up with a system that is clear to anyone reading it and that is enforceable to obtain the objectives that are stated. I hope these comments will be of some help in moving toward that end. If you have any further questions or wish to have any specific conference with regard to the details of this plan, please let me know. RLD/jh Very truly yours, NICHOLS, JACKSON, DILLARD, '� HAGER &SMITH, L.L.P. Robert L. Dillard, III NICHOLS, JACKSON, DILLARD, HAGER &SMITH, L.L.P. 56955