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Downtown Area Committee 11-26-20021. 2. AGENDA SANGER DOWNTOWN AREA COMMITTEE TUESDAY, NOVEMBER 26, 2002 6:00 P.M. 201 BOLIVAR Call Meeting to Order. 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 Secre�ry /% �a� ��� /�;o��r� 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" anew 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 If I pushed through some area too fast, we can revisit it at the next meeting. Meeting dates: (ca11458-7114 -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 of the 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 slate'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; �.-L�,t.,k..z( (3) To stabilizd�ti 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 H istorical Commission constitute a part ofthe Comprehensive Plan ofthe City. B. i7e�tnirions ' ' i � i '• � .i•� � The following de#�itions shall apply to this ordirxance. :, Alteration: A p����ical cbange in or to the exterior of a building. Architectural con>�ol: Regulations governing the appearance or axchitectuxal style of buildings ar structures. � ? i + �''I t Building: A bui� � ' g, such as a house, barns, church, hotel, or similar construction is c � ated to shelter any fo ;�f human activity. Building also may be used to refer to a historically and functionally relit juntt, such as a courthouse and jail or a house and barn. ,�:. � `� i Case law: This i�' �, body of law develo throu h hearin and ' d ped g gs ,lu gments of specific �Ssues {cases) by courts �" ;law. I .,.� . ;l i Certificate of ap�5 ��priateness: A signed and dated document evidencing the approval df the Laridmazk Cp�2ala�on for work proposed by an owner of applicant. Comprehensive pl" : A docwnent or series of documents prepared by a planning or department se � , forth policies for the future of a community. Demolition: An� t or process which destroys a site or stztteture in its entirety, or �bach destroys a part ��`a site or structure and permanently impairs its structural, historic or architectural integ�r�. .. ��„ r �:.;,., • � • - � r :� '',ign review --' ,t acceptable alte i� ` written in a m� l ;, J District: A buildings, st development. �storic lantir out in Section ordinance. Historic history, Historic reso�; historical, and i •� i• 7_� Inventory: A ] specified criteria object: The tei that are primari Although it may or envimnmeut, Ordinary ; considered floor with Overlay zones: and is imposed ZOL1e iblUSi COrif Ponce power: safety, morals, � ;f i 1 1 'decision -malting process conducted by an established review eommitt�e of �` �t 1S glildeti by the termB Bet in the histonc preservation ordinance, i k �t.� t �f�.liues; These are a set of guidelines adapted by the commission that d � tails of designated properties. They are usually generously illustrated and That would be anderstood b most ro - Y P Pay owners. E, F .i; �� s .ct possesses a significant concentration, linkage, or continuity o� sites, E �, ` s, or objects united historically or aestheticall b � . y y plan or p$ysical :,: �'�: E1 stiu�re, building or site which satisfies two or more of the criteria set L ;;paragraph C.2, and which is designated as such in accordance wiflt this 3 �: A district ' ,sift, building, structure, or gbjcct significant in American ��; engineering, archeology, or culture at the national, state, or local Level. '? ;This generally is the same as a historic property. It.;tncludes axchiteetural, �ological properties as well as la:ociscape features.- r•i'- ,t'J at$enticity of a property's historic identity, evidenced by survival of pliysical� tjtxisted during the property's historic or prehistoric period. ,a_ s�;of historic properties that bane been identified and evaluated as meting significance. ;� abject is used to distinguish from buildings and structures those constru�tians artistic in nature or are relatively small in scale and simply constrr�cted. by nature or design, movable, an object is associated with a specific setting �h as statuary in a designed landscape. ! �� : ; lnee: This generally refers to activities relating to a property that wot�id be or commotz far maintaining the properly, such as the replacement of a porch ,. nor in -kind zgaterials, It also may include other activities such as painting. r �: _— �.��t of zoning requirements that is described in the ordinance tent, is zna�ped, :.: u �tlditiOn to those of the underlying district. Development within the ov," erlay �to the requirements of both zones or the more restrictive of the two. �:: ;, ; s °! �, authority of government to exercise cotmols to protect the public's health, ic��:general welfare. � :; Preservation: Thi�act or process of applying measures to sustain the ezis�ting form, integrity, and material of a ta�ilding or structure, and the existing form and vegetative cover of a site. It may include initi�l.'?tabilization work, where necessary, as well as ongoing zaaintenance of the historic building i�terials. �: Preservation plari�►ixtg: This refers to the planning for the continued identification and evaluation of histoy properties and for their protection and enhancement. :. ,�:. Z i; Rehabilitation: a act or process of aceurately recovering the form and details of a perty and its setting aaS ppeared at a particular period of time by means of the removal of late work or by the replacent of memissing earlier work. Significant MR., .11 ' A stricture, building,, ding, or site which satisfies two or more of the c�`ithia Set out in Sectioli ; , paragraph C. I . and which ' designated as such in accordance with this ordinance. ' Site: A site is theyocatiog of a significant event, a prehistoric or histoc �ccupatioa or activity, or a building or 4 " { elute, whether standing, Honed, or vanished, where the location; itself Possesses historic ak, cultural, or archeological value regardless of the value of any eagisting structure. j Structure: The at=ally as used herein includes buildings and other structii#es in addition to those intended for creating shelter. f, Section 2. Categories of Protection 1• A. Pstablishment 4; Catezes There shall be � i categories of protection for historically, culturally, architecturally or archaeologically . si i1 ificant properties in the City of Bastrop, as follows: {1} Si Landmark; (2) Histac Landmark. 4 4 B. General Criterr led (za Posy (2) Is patterns of local, (3) ConstlLlCtlOn. (7) Is Landmark, or is % 5+6 in order to determine whether structures qualify for designation as a or Historic Landmark are as follows: significance in history, architec�re, archeology, or culture, ted with events that have made a significant contribution to thei broad state, or national history. . f with the lives of persons significant in our past. the .distinctive characteristics of a type, period, c f Criteria for I 'dual Catmories i (1) Sig icMt Landmark - A structure, building or site maydesignated be as a Significant Landrif it meets two or more of the criteria set out in subsection B. (2) -H.i. ` 'c Landmark - A structure, building or site may be designated as an Htoric Landmark if it hadready met the criteria as a secant structure by the City of Bastrop and, if the owner of sa property agrees to the additional designation of Historic Landi=x and thereby agrees to comply with all procedures for a Certificate of Appropriateness. ! Dw Designation o `i 'fiCant Landmarks i (1) Th provisions pertaining to the designation of Significant Landmarks constitute a part of the compzensive zoning ordinance and the official zoning map of the City of Bastrop. (2) O �: ; rs of proposed Significant Landmarks shall be notified prior tb the Commission hear'. " on the recommended designation. Such hearing shall be conducted {n the same manner and a' ording to the same procedures as specifically provided in the general zoning ordinance of the of Bastrop. At the Commission's public hearing, owners, inte4ested parties, and tec experts may present testimony or documentary evidence which will become part of a record arding the historic, architectural, or cultural importance of the proposed sigIIlficant lar (3) Up; ; I recommendation of the Commission, the proposed Significant Landmark shall be submitted the Zoning Commission within thirty 00) days from the date of submittal of the designation(; : est. The Zoning Commission shall give notice and conduct its h+nng on the proposed div " atioti within forty-five (45) days of recei t of such reco nmendationkfrom the Commission. ch hearing shall be conducted in the same manner and according tb the same procedures if] provided in the general zoning ordinance of the City of Batrop. The Zoning Co sion shall make its recommendation to the City Council within fort -five (45) days subseq to the hearing on the proposed designation. ....ea,+re•.Mhn nnn (4) TheIcity Council shall schedule a hearing on the Commission's recommendation 11 to be held with ? forty-five (45) days of receipt of the recommendation of the Zoning Commission. Thy: Pty Council shall give notice, follow the publication procedure, hold hearing, and make its de26; ination in the same manner as provided in the general zoning ordinance of the City of Bas is (5) Upa':` designation of a structure as a Significant Landmark, the City Council shall cause the designateb a to be recorded in the Official Real Property Records of Bastrop C. unty, Texas. All zonii inaps shall be amended to indicate the location of the designated structures with an appropre mark, and the property owner shall be notified in writing of such designation. i (6) UpA designation of a structure as an Historic Landmark, the City council shall cause the designado to be reflected in the tax records of the City of Bastrop. All zoning maps shall be amended i6''indicate the location of the designated structures with an appropriate, =k, and the property oer shall be notified in writing of such designation. 7 :!.: .�.: (1) Foil Wing designation, of a structure as a Significant Landmark, the ownerlobvners of said structureay make application to the Commission for designation as an Historic Landmark. (2) Upon; receipt of a completed application for Historic Landmark designatioi and approval of said ication by the Commission, the owner/owners of said ro ma enter >? y; into- a contractual OFeeruent with tbe& Commrdssmi to maintain .the property according to design guidelines adopted the Landmark Commission. Upon completion of this agreement and with the approval of Eby Council, ft owner/owners of said property shall be entitled ;to all incentives contain in Section 3. F.. Relationship of 1Designations to Zoning (a� lae�i�natiouof a stractme by the City Council as a Significant Landmarlclor an Historic Landmarkils intended as a zoning overlay which supplements the pzlmarlC 11040 iaig zoning district 014'ification. The pernftW uses of the- property shalt be determined and controlled by the ase regulations set for the primary zoning district classification f6r the Prolem'• (b) If there is any conflict between the design guidelines. and any provision bf the Zoning Ordimance, the most restrictive regulation shall apply. (c} If re is ay conflict between the provisions of this Section and any other provision of the Zgung Ordinance, the most restrictive regulation shall apply, in the al9ses of a specific dire dt e to the contrary. The designation of a property shall be subject to review by the Commisi n, the Planning and Zoning Commission shall then recommend; such designation to G`i ` Council, who shall be the final authority, *in accordance with the Zoning Ordinance and St to Law. Creating Historic District The City Council Mn 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 r istoric" in their zoning designation and property therein shall continue to bear its use designation 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 i 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 .visions 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 Significant Area A Significant 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. . � r Section 3. Incentives for Historic Landmarl�s :� ; . A. Pumose of I�tives The purpose of ' � .section is to encourage historic preservation by providing incentives i'or the stabilization, re3.ta�litation and renovation of properties designated as Historic Landmarl�s. �> �. Incentives ' .1 � l (1) Eption from City Taxes on Structure - A strnctuze•designated as an historic landmark may be ��empt fzom a portion of the ad valorem taxes owed to the Ciry of Bastrop, commencing on first day of the tax year following such designation, and following p$ssage by Council of any � � dinance declari�ag such an exemption. The exemption shall relate o331y to taxes owed on ti assessed value of the cluaiifying sttucture. The exemption sh�ll be administered in ttid:�ozm of a refund by the City of a portion of the taxes paid on the quaI}fyuig ,., structure, All sub refunds shall be based on a uniform percentage of the assessed value, determined by the�ity Council, each budget year, which can be financed by the amoynt of general funds apt: ; printed far such refunds.. It is expressly provided, however, than such refunds shall be Riess than 1S o and no greater than 0.224 of the assessed value of the qualifying structui �`•, The assessed value of the land on which such structure is located shill not be exempt from �y ad valorem •taxes pursuant to this section. Eligibility for suc�i tax exemption shall rccire compliaa�ce with all requirements of this Ordinance, including Section 8. (2) I with an official costs of said m Preservation Ofl Approval by coE in need of tax n City l�ianager sl Chief Appraiser Director. There appliEabie tax itr in which the aar 1 - f � • . /: 01/. i •► •r -1- ./.. 1• 'f . / 11 • designated Hist� owner of an Hi: tax benefits. Tf however, no ref • :. ► .. . / . /1 . it : • . • . 1 : 1,- / �il - rJpon completiQu flf the Historic Landmark agreement, the Historic i shall forward the completed agreement to Gity Counrcii for final app>ova}. 'shall constitute a finding that the structure is an historically sigxufxcant site :Ii � , in accordance with Section 11.24 of the Texas Property Tax Code. The ;;insure that written n6tice of approval of the tax incentive is given to the `. � :the �stcop Cotmty Apprai�l District and` to the City of Bastrop France � ' ,�, the City of Bastrop shall provide the property with documiexttation- ofthe _ cv�eseing otr�Fat>� 1 of thetax year imtrndiately following the year :e ' � ent is finalized. ' ', . . �:� . �,� ction of Historic, nd strlc - In, order to . maintaizi eligibility for �iyance with this ordi�aance, the owner and his representative shall nat Ater or h � � destroy an Historic Landanark without an approved Certific$te of t�' Demolition lbemut during the period of the exemption. In the eves that the or totally or partially destroyed without an approved Certificate of ;'Demolition permit, the owner shall restore the structure to its original state �'�.i er be entitled to the incentives, immediately repaying to the City all oaf the e � `that were not paid because of the exemption plus interest calculatet� at an ercent (109b). { .11: 11 1 • �-ti 1 1 1� . 1111 .. •1 . 1/. / 1 1" 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; "`r�..(e) The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or refuse; i�9 g (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 (1) Rotted exterior wood shall be replaced and repainted; (m) Broken or partially missing gutters or downspouts shall be replaced or 1 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 i 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 Iand 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. P� � (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 historic value, style, or general design, color, or appearance provisions of this section. in architectural is exempt from and the �� jo 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 AppointmentFt t- Members shall serve from July 1 of the year of apTointment for staggered terms of two (2) years and may be appointed to Iuccessive terms )of office. The membe the commission shall be identified by place nurnbers-dhe (1) through seve (7). he even -numbered places shall expires in the even -numbered years; the odd- ered places shall expire in the odd numbered years. Newly appointed members shall be installed at the first regular commission meeting after their appointment. A. 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:...r� <.: �:(J ` The Commission shall meet on an as needed basis with advance notice posted according to the Texas Open Meeting Law. AddiiiorialIy, 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 ' j 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 _af ' ote of a majority of the appointive members in attendance. �,,.,,,..-=--�._ `;� ; (With at least two meetings per year to discuss...