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HomeMy WebLinkAboutMisc. HERITAGE PROGRAMS PROGRESS REPORT Parks & Recreation Department Anne Boykin October 1-31, 2008 Note: Anne has been out on FMLA leave most of this month. EXTERNAL Acquisitions for Project HOLD—1 page scanned • Boykin 50`h Anniversary photo Contacts - 0 Presentations—4 • Service Excellence Tour—Presented historical information in coordination with the City tour on board the tour bus. • Exploring History Lunch Lecture—80 guests came to hear about the "Museum of the American G.I."with Emmett Fox and Robin Silva. Also, a brief presentation was made by Steve Beachy on the Brazos Valley Veterans Memorial • Council Reunion—60 guests attended "Seventy Years of Leadership"the first ever Council Reunion in honor of the City's 70th birthday, Oct. 16, at Café Eccel, the city's first dedicated City Hall. • Taped a segment of Sharon Colson's show on KAMU Research Requests—3 • 2008 Employee Banquet—researched historical city events for 2008, 2003, 1998, 1993, 1988, 1983, 1978 to be used as part of the program • Voting Card —David Dunn, from Austin, requested a photograph of a piece of election memorabilia from the "Scenes of the Sixties" exhibit • Steve Beachy asked for information on how to locate the names of all veterans from the Brazos Valley area.NARA responded to an inquiry with information. Publicity— 16 viewings • Exploring History Lunch Lecture showing on CSTV-19 on Tuesdays, 10 am and 10 pm. Oral History Interviews—0 Publications—4 • Press coverage with a photo of mayors at "Seventy Years of Leadership"appeared Oct. 26, 2008, in The Eagle • Sent a press release concerning the Exploring History Lunch Lecture • Sent a press release concerning Old Reliance Cemetery State Marker presentation Historic Markers—0 • Currently, 85 Historic Home Markers, 8 Building Markers and 2 Historic Subject Marker Community Outreach - 1. • Attended Brazos Valley Veterans Memorial Board meeting at the American Pavilion INTERNAL Intern—0 hours No intern at this time. Volunteers—0 hours Article 2. Development Review Bodies Section 2.4 Design Review Board 2.4 Landmark Commission A. Creation A Landmark Commission is hereby established by the City of College Station for the purpose of enhancing the City's ability to identify and protect historically and/or culturally significant districts, areas, sites, buildings, and structures by bringing expertise from the community in those areas related to the designation of Historic Preservation Overlay Districts and protection of the contributing elements within them. B. Membership and Terms 1. The Landmark Commission shall consist of seven (7) regular members and two (2) alternate members. Six (6) of the regular members and the two (2) alternate members shall be appointed by the City Council. City Council shall apportion membership according to the following fields of expertise or specialized knowledge: a. One (1) member shall represent one of the following fields or professions: (1) History or (2) Archaeology b. Two (2) members shall be the owners of the following: (1) Property in the City of College Station Historic Marker Program or (2) Property within a Historic Preservation Overlay District. If no Historic Preservation Overlay District has yet been applied to property in the City of College Station, a property owner(s) of land platted prior to 1970 may be considered. c. Two (2) members shall represent any combination of the following fields or professions: (1) Architecture: an architect, previously registered architect, architect registered in another state, or professor in the field of architecture; (2) Landscape architecture: a landscape architect, previously registered landscape architect, landscape architect registered in another state, or professor in the field of landscape architecture; (3) Urban planning: a certified planner, previously certified planner, a planner with at least three (3) years of municipal planning experience, or professor in the field of urban planning; or (4) Historical preservation specialist: an experienced professional who provides technical and strategic expertise to promote the viability, reuse, and integrity of historic buildings and/or property. d. One (1) member shall represent one of the following fields or professions: (1) Banking, finance, or economics; (2) Real estate; or (3) Law. e. One (1) alternate shall represent the membership criteria identified above in subsection b. f. One (1) alternate shall represent any of the fields identified above in subsections a, c, or d. The seventh regular member shall be the Chairman of the Historic Preservation Advisory Committee or his designee. The City Council shall prioritize Landmark Commission candidates within each subsection above by their demonstrated expertise and interest in historic preservation. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified above in subsections a, b, c, or d cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens-at-large that have demonstrated interest in historic preservation to fill such places. 2-5 Unified Development Ordinance 9/22/08 City of College Station Article 2. Development Review Bodies Section 2.4 Design Review Board 2. Members shall be appointed for three-year terms or until their successors are appointed. Initially, one (1) member from subsection b and one (1) member from subsection c shall have terms of only one (1) year; the members of subsections a and d shall have terms of only two (2) years; and one member from subsection b and one member from subsection c shall have terms of three (3) years. After the initial appointments, two (2) members shall be appointed each year. 3. The Landmark Commission shall comply with the OPEN MEETINGS AcT. C. Officers, Meetings, Quorum 1. Officers A Chairperson shall be appointed annually by the City Council. The Commission shall select a Vice-Chair from among its members, as needed. 2. Meetings Members of the Landmark Commission shall meet monthly and the Chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report. 4. Rules of Proceeding The Landmark Commission shall adopt its own rules of procedure. 5. Minutes The Landmark Commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. D. Powers and Duties The Landmark Commission shall have the following powers and duties: 1. Duties a. Review and approve surveys conducted and maintained by the City that include an inventory of significant historic, architectural, and cultural resources within the City of College Station according to guidelines established by the Texas Historical Commission; b. Utilize such surveys to identify potential property appropriate for the application of Historic Preservation Overlays; c. Review and approve surveys conducted and maintained by the City that include an inventory of all properties located within a Historic Preservation Overlay District within the City of College Station; d. Nominate properties to the National Register of Historic Places; e. Establish an ad hoc three-person Economic Review Panel when a property owner in a Historic Preservation Overlay District requests a Certificate of Demolition based on the reason that no economically viable use of the property exists. The Economic Review Panel must be comprised of three independent experts knowledgeable in one or more of the following fields: the economics of real estate, building renovation, or redevelopment. "Independent"as used in this subparagraph means that the expert has no financial interest in the property, its renovation, or redevelopment; is not an employee of the property owner; is not a 2-6 Unified Development Ordinance 9/22/08 City of College Station Article 2. Development Review Bodies Section 2.4 Design Review Board city employee; is not a member of the Landmark Commission; and is not compensated for serving on the Economic Review Panel. The Economic Review Panel must consist of one person selected by the Landmark Commission, one person selected by the property owner, and one person selected by the first two appointees. If the first two appointees cannot agree on a third appointee within thirty (30) calendar days after submission of all of the required documentation supporting the application, the third appointee will be selected by the Administrator within five (5) days. Within thirty-five (35) calendar days after submission of all of the required documentation supporting the application, all appointments to the Economic Review Panel shall be made; f. Act in an advisory role to the City Council of the City of College Station, all appointed boards and commissions, and City departments regarding the protection of local historic, architectural, and cultural resources; g. Review and make recommendations to the appropriate County Historical Commission of all proposed National Registration nominations for properties within the City of College Station; and h. Prepare and submit annually to the City Council a report summarizing the work completed during the previous year. a. Recommendations The Landmark Commission shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following: a. The effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan as it relates to historic preservation; b. The adoption of text amendments as they relate to the designation of Historic Preservation Overlay Districts and the processes and standards for properties within Historic Preservation Overlay Districts; and c. The designation of Historic Preservation Overlay Districts. The Landmark Commission shall make recommendations to the City Council for the following: a. The utilization of state, federal, or private funds to promote the preservation of Historic Preservation Overlay Districts within the City of College Station, and b. The acceptance of the dedication of Historic Preservation Easements for the purpose of historic preservation. b. Final Action The Landmark Commission shall hear and take final action on the following: a. Applications for Certificates of Appropriateness, b. Applications for Certificates of Demolition, and c. Certifications of properties of Demolition by Neglect, notices to owners of certified Demolition by Neglect properties, and referrals for enforcement. E. Staff The Administrator shall provide staff, including a Historic Preservation Officer, as needed, to the Landmark Commission. Per Ordinance No. 3110 (September 11, 2008) 2-7 Unified Development Ordinance 9/22/08 City of College Station a * CITY OF COLLEGE STATION February 6, 2008 Dear Neighbor, This letter is to inform you that the Planning & Development Services Department is currently working on new overlay zoning district that would enable historic preservation through zoning regulation in College Station. The proposed overlay zoning district is intended to provide additional development, redevelopment, maintenance, and demolition standards and review processes for properties and neighborhoods over 40 years old and deemed to be historically, culturally, or architecturally significant. Citizens are invited to participate in a meeting to discuss the proposed district and to provide input on the proposed standards and review processes that may be included in the historic preservation enabling ordinance. The City will be hosting meetings on Wednesday February 13, 2008 at noon and 5:30 p.m. at the City of College Station Council Chambers, located at 1101 Texas Avenue in College Station. We hope that you will be able to attend one of these meetings. A copy of the proposed changes are available for your review on our website at http://www.cstx.gov/home/index.asp?page=2775. For additional information please contact me in the Planning & Development Services Department by telephone at 979.764.3570 or e-mail mhitchcock@cstx.gov. If you are unable to attend a meeting, please feel free to email us any comments. Thank you for your interest and we look forward to seeing you on February13tH Sincerely, Molly Hitchcock, AICP Planning Administrator .4., Filti c5-, _ , S � ,,, 0, c . c . ) es 0>.._ g 1 r LI I I _ k. • a qv cA 11 Z cA o COI ciII' 'C 1 �y Or N _ ti A P U .="D P • r-- , 414.,....L\44- �i LIT L a co A t�,s w L `\ O I k'' Pt ' � , r•..i -a •• nf...t „ -NI . . . ..., wig ct, 1 co, -� --..,— ,t t— .is..._ .,.. 1 , . ....-, ,-, , Q1/4, a Cr \At ` 1 1� Ai .a 11- ti C -I ) N 3 Q cv-N N dh (114ahrifill151111111141 CITY OF COLLEGE STATION Planning&Development Services HISTORIC PRESERVATION OVERLAY PROPOSAL To move forward with a historic preservation program in the City of College Station,ordinance amendments are being proposed that will create a regulatory approach to the preservation and protection of valued historic resources. Historic properties are proposed to be protected through an overlay zoning district. Such a method will allow for additional measures of oversight on sensitive properties on top of the base zoning district that already exists. The overlay will not change any regulations regarding land use,but can establish design guidelines and processes for review so that that development on these properties can be respectful of the contributions the district makes to the history of the City of College Station. The package of amendments to the Unified Development Ordinance is proposed to contain the following elements: HISTORIC PRESERVATION OFFICER The Administrator will designate a Historic Preservation Officer,whom will be the staff contact person for issues related to the historic preservation overlay and certificates of appropriateness,and will serve as the liaison to the Landmark Commission. LANDMARK COMMISSION Responsibilities The City Council will appoint a Landmark Commission that will be responsible for: 1. Future surveys and inventory maintenance of significant historic, architectural,and cultural landmarks and all properties located in historic districts within the City of College Station; 2. An annual report to the City Council that summarizes their work in the previous year; 3. Recommendations to the Planning& Zoning Commission for: • Effective coordination for the implementation of the Comprehensive Plan as it related to historic preservation; • The adoption of criteria for the designation of historic,architectural, and cultural landmarks and the delineation of historic districts;and • The designation of historic preservation overlay districts. 4. Recommendations to the City Council for: • The utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City of College Station and • The acceptance of the donation of preservation easements for the purpose of historic preservation. 5. Final action on: • Applications for certificates of appropriateness, • Applications for claims of economic hardship,and • Preparation of specific design guidelines for the review of landmarks and districts. Membership The Landmark Commission will consist of seven regular members and two alternate members. Six of the regular members and the two alternate members shall be appointed by the City Council. The seventh regular member shall be the Chairman of the Historic Preservation Advisory Committee or his designee. City Council shall apportion membership according to the following fields of expertise or specialized knowledge: Home of Texas A&M University 1. One member shall represent one of the following fields or professions: • History or • Archaeology 2. One member shall be the owner of one of the following: • Property in a historic district or • Property in the City of College Station Historic Marker Program. 3. Two members shall represent any combination of the following fields or professions: • Architecture, • Landscape architecture, or • Urban planning. 4. Two members shall represent any combination of the following fields or professions: • Banking, finance, or economics; • Real estate;or • Law. The two alternates may represent any of the fields identified above in subsections 1,2,3, or 4. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified above in subsections 1,2, 3, or 4 can not be timely filled with a qualified candidate, the City Council may appoint citizens-at-large to fill such places. Members shall be appointed for two-year terms or until their successors are appointed. Initially,one member from subsection 3 and both members of subsection 4 shall have terms of only one year. After the initial appointments, three members shall be appointed each year. The Landmark Commission will be a governmental body and will comply with the Open Meetings Act. HISTORIC PRESERVATION OVERLAY DISTRICT The Historic Preservation Overlay District (HP) is intended to provide for the protection, enhancement,and perpetuation of landmarks or districts of historical and cultural importance and significance. Such action is necessary to promote the economic, cultural, educational, and general welfare of the public. Specifically, this district will have the following expressed purposes: 1. To protect and enhance the landmarks and districts which represent distinctive elements of College Station's historic, architectural, and cultural heritage; 2. To foster civic pride in the accomplishments of the past; 3. To protect and enhance College Station's attractiveness to visitors and the support and stimulus to the economy thereby provided; 4. To insure the harmonious, orderly, and efficient growth and development of the city; 5. To promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;and 6. To encourage stabilization,restoration, and improvements of such properties and their values. The Historic Preservation Overlay District may be applied to districts or areas and to individual property.The area/property/structure of significance shall be at least forty (40) years old. A property or district may be designated if it: 1. Possesses significance in history,architecture, archeology,and culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local,regional, state, or national history; 3. Is associated with events that have made a significant impact in our past; 4. Embodies the distinctive characteristics of a type,period,or method of construction; 5. Represents the work of a master designer,builder, or craftsman; and/or 6. Represents an established and familiar visual feature of the neighborhood or city. Home of Texas A&M University REZONING APPLICATION AND PROCESS A rezoning request for a Historic Preservation Overlay District (HP) will have to provide all of the information typical for a rezoning(e.g.,legal property description), and will follow the typical process for a rezoning,with a few additions. Application First and foremost,historic surveys and inventories will be necessary to determine what physically contributes to the historic story of College Station. The City has invested in this process by hiring Quimby McCoy Preservation Architecture to perform"windshield"surveys of two of the oldest areas in town—the neighborhoods to the east and south of the Texas A&M University campus. The consultant will be able to identify areas of potential significance and will make recommendations for further research and possible inclusion in a historic district. In addition to an inventory and survey, application requests for an HP rezoning shall provide: 1. A current photograph of each property included in the rezoning, and its improvements; 2. Historical photographs;and 3. Other documentary evidence regarding the historic,architectural, or cultural importance of the proposed historic district. Process Preapplication Conference Review and Report by Historic Preservation Officer An application for a Historic Preservation Overlay District zoning shall be reviewed by the Historic Preservation Officer (HPO),who shall review the proposed amendment in light of the Comprehensive Plan, subject to typical rezoning criteria (described in Section 3.2 Zoning Application Submittal Map Amendment of the Unified Development Ordinance) and those criteria outlined above in Staff "Historic Preservation Overlay District". The HPO will evaluate if the proposed rezoning Review contains property(ies) and an environmental setting which meets one or more of the criteria for designation of a landmark or historic district and/or constitutes a distinct section of the Landmark Commission City of College Station. The HPO will then give a report to the Landmark Commission at a • scheduled public hearing. 4, / 1 Planning& Referral To Landmark Commission Zoning The Historic Preservation Officer,upon receipt of petition to amend the Official Zoning Map Commission in regards to the Historic Preservation Overlay District, shall refer the same to the Landmark ` J Commission for study, hearing,and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission. City Council Recommendation by Landmark Commission The Landmark Commission shall publish,post, and mail public notice of the public hearing for their consideration of a Historic Preservation Overlay rezoning. The Landmark Commission shall hold a public hearing and recommend to the Planning and Zoning Commission such action as the Landmark Commission deems proper. Referral To Planning and Zoning Commission For a petition to amend the Official Zoning Map in regards to Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study,hearing,and report with the report of the Landmark Commission. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. The process then becomes the same as a regular rezoning. The Planning and Zoning Commission will advertise and hold a public hearing,consider the application, and evaluate it based upon input from the Historic Preservation Officer, the Landmark Commission, and the public, and the rezoning and Historic Preservation Overlay District criteria. They will forward their recommendation to the City Council,who will advertise and hold a public hearing and take all of the information and recommendations into consideration before making a final decision. Home of Texas A&M University Effect of Historic Preservation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District,the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, the tax records of the City of College Station, and the Brazos County Appraisal District as well as the official zoning map of the City of College Station. CERTIFICATES OF APPROPRIATENESS Applicability No person shall carry out any construction,reconstruction,alteration,restoration,rehabilitation,relocation, or demolition of any structure or any property within a Historic Preservation Overlay District, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps,paving,or other exterior elements visible from a public right-of-way which affects the appearance and cohesiveness of any structure or any property within a Historic Preservation Overlay District. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a certificate of appropriateness that will be required by the Unified Development Ordinance has first been issued by the Landmark Commission. The certificate of appropriateness shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of College Station. No permit for the demolition of a historic landmark or property within a historic district,including secondary buildings and landscape features, shall be granted by the Building Official without the review of a completed application for a certificate of appropriateness by the Landmark Commission. Application Requirements A complete application for Certificate of Appropriateness approval shall be submitted to the Administrator and shall include,where applicable: 1. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans; 4. Landscape protection plans; 5. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changed,if available; 7. Samples of materials to be used; 8. Specifications for architectural features and materials;and 9. Any other information that the Commission may deem necessary in order to visualize proposed work. Process Preapplication Conference Prior to the submission of an application for certificate of appropriateness, all potential applicants may request a preapplication conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by the Unified Development Ordinance (UDO);however, they do not fulfill the requirements for formal review or submittal as set forth in the UDO. Review and Report by the Historic Preservation Officer Application If the proposed plan is determined to be consistent with all applicable provisions of the Submittal Unified Development Ordinance and the City's Comprehensive Plan, or if the plan is T Staff recommended for denial or conditional approval, the Historic Preservation Officer shall report { Review such consistency,inconsistency, or proposed conditions to the Landmark Commission. CCompleteneso Review Review by the Landmark Commission The Landmark Commission shall review the plan in a public meeting and may approve, approve with conditions, or deny the application. If the Landmark Commission requires Landmark Home of Texas A&M University Commission additional information than that presented at a meeting,a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by publication of the agenda of the meeting. Final Action by the Landmark Commission If the proposed plan is determined to be consistent with all applicable provisions of the Unified Development Ordinance,including the applicable district provisions of the Historic Preservation Overlay District (see above),and the review criteria below, the Landmark Commission shall approve the plan. A determination that all such requirements and provision have not been satisfied shall result in disapproval of the plan. Criteria for Approval of a Certificate of Appropriateness In considering an application for a certificate of appropriateness, the Landmark Commission shall be guided by any adopted design guidelines and the following from The Secretary of the Interior's Standards for Rehabilitation of Historic Buildings: 1. Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object,or site and its environment. 2. The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed.The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, objects,and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create and earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure,object, or site and its environment. These changes may have acquired significance in their own right,and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. 6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition,design, color, texture, and other visual qualities. 7. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical,physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements form other buildings or structures. 8. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 9. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to,any project. 10. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical,architectural, or cultural material, and such design is compatible with the size, scale,color,material, and character of the property,neighborhood,or environment. 11. Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired. Expiration of Approval For plans that do not require the issuance of a building permit,work to complete the plans shall commence and be completed within twenty-four (24) months. The Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of substantial progress and the lack of changed or changing conditions in the area. For plans that require the issuance of a building permit,if a building permit has not been issued for the proposed work within twenty-four(24) months, the Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of the lack of changed or changing conditions in the area. A certificate of appropriateness shall be valid as long as there is a valid building permit. Home of Texas A&M University Economic Hardship Application and Process After the denial of a certificate of appropriateness from the Landmark Commission,an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Landmark Commission makes a finding that hardship exists. Application A complete application for claim of economic hardship shall be submitted to the Administrator. The Historic Preservation Officer will review the application for completeness and forward it to the Landmark Commission for their consideration. Action by the Landmark Commission 1. Public Hearing Following notice in accordance with the Unified Development Ordinance Section 3.1.F Required Public Notice, the Landmark Commission shall hold a public hearing. 2. Economic Hardship Review Following the hearing,the Landmark Commission has thirty(30) days in which to prepare a statement of finding to the Building Official, stating the reasons for granting or denying the hardship application. If no action has been taken by the Landmark Commission within thirty (30) days, such application shall be deemed granted by the Commission. 3. Criteria for Finding of Economic Hardship When a claim of economic hardship is made due to the effect of the Unified Development Ordinance regarding certificates of appropriateness,the owner must prove that: • The property is incapable of earning a reasonable return,regardless of whether that return represents the most profitable return possible; • The property cannot be adapted for any other use,whether by the current owner or by a purchaser,which would result in a reasonable return;and • Efforts to find a purchaser interested in acquiring the property and preserving it have failed. • The applicant shall consult in good faith with the Landmark Commission,local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Landmark Commission. Appeals An applicant for a certificate of appropriateness or finding of economic hardship dissatisfied with the action of the Landmark Commission related to the issuance or denial of a certificate of appropriateness or finding of economic hardship shall have the right to appeal to the City Council within thirty (30) calendar days after the date of such action. Ordinary Maintenance Nothing in the ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a property within a historic district which does not involved a change in design,material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance. Demolition by Neglect No owner or person with an interest in real property included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would,in the judgment of the Landmark Commission,produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roof or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration or crumbling of exterior stucco or mortar. 5. Ineffective waterproofing of exterior walls,roof, or foundations,including broken windows or doors. 6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Home of Texas A&M University Temporary Emergency Repairs If the Building Official determines that a building or structures in a Historic Preservation Overlay District poses an immediate threat to persons or property, the Building Official may order or conduct any temporary emergency repairs necessary to make the building or structure safe without the requirement of a certificate of appropriateness. The Building Official shall send a written report of such temporary emergency repairs to the Landmark Commission. However, once such temporary emergency repairs have been completed,no further work may be done on the building or structure unless a certificate of appropriateness is obtained. Home of Texas A&M University l OA -/\/\*A (3°°1 .1 (*.#1111111111111114 ( lijut/V/"1 3 Irk-01/4_Ai,-A. CITY OF COLLEGE STATION //��or'VLI ►/Z Planning&Development Services � YV�v `` G � c HISTORIC PRESERVATION OVERLAY PROPOSAL To move forward with a historic preservation program in the City of College Station,ordinance amendments are being proposed that will create a regulatory approach to the preservation and protection of valued historic resources. Historic properties are proposed to be protected through an overlay zoning district. Such a method will allow for additional measures of oversight on sensitive properties on top of the base zoning district that already exists. The overlay will not change any regulations regarding land use,but can establish design guidelines and processes for review so that that development on these properties can be respectful of the contributions the district makes to the history of the City of College Station. The package of amendments to the Unified Development Ordinance is proposed to contain the following elements: HISTORIC PRESERVATION OFFICER The Administrator will designate a Historic Preservation Officer,whom will be the staff contact person for issues 5.\. , related to the historic preservation overlay and certificates of appropriateness,and will serve as the liaison to the \'o Landmark Commission. LANDMARK COMMISSION Ci Responsibilities (, cc,/ The City Council will appoint a Landmark Commission that will be responsible for: S•' 1. Future surveys and inventory maintenance of significant historic,architectural, and cultural landmarks and all X, / c properties located in historic districts within the City of College Station; 4 2. An annual report to the City Council that summarizes their work in the previous year; 3. Recommendations to the Planning&Zoning Commission for: 0 ) . • Effective coordination for the implementation of the Comprehensive Plan as it related to historic , >( preservation; c • The adoption of criteria for the designation of historic,architectural,and cultural landmarks and the delineation of historic districts;and • The designation of historic preservation overlay districts. 4. Recommendations to the City Council for: • The utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City of College Station and • The acceptance of the donation of preservation easements for the purpose of historic preservation. 5. Final action on: ` • Applications for certificates of appropriateness, V • Applications for claims of economic hardship,and • Preparation of specific design guidelines for the review of landmarks and districts. Membership 0 c..)1 The Landmark Commission will consist of seven regular members and two alternate members. Six of the regular members and the two alternate members shall be appointed by the City Council. The seventh regular member shall ' be the Chairman of the Historic Preservation Advisory Committee or his designee. City Council shall apportion c 1 membership according to the following fields of expertise or specialized knowledge: , / Home of Texas A&M University s Nr,\Thor"N. V\ CA NA-2.. V\°,,,\C •,\O'Ci% --• 1. One member shall represent one of the following fields or professions: I • History or • Archaeology 2. One member shall be the owner of one of the following: . ex 04/1,42A-1 a C eat, • Property in a historic district or era p�x7'r i i V • Property in the City of College Station Historic Marker Program. 3. Two members shall represent any combination of the following fields or professions: • Architecture, I • Landscape architecture,or • Urban planning. 4. Two members shall represent any combination of the&wing fields or professions: • Banking, finance, or economics; in..-,(44.4 I • Real estate; or Cli • Law. ` ►tet.r� wus yam. NAS The two alternates may represent any of the fields identified above in subsections 1,2, 3, or 4. In the event any of the memberships assigned to a particular field-of expertise or specialized knowledge identified above in subsections 1,2, 3, or 4 can not be timely filled with a qualified candidate, the City Council may appoint citizens-at-large to fill such places. Members shall be appointed fori t.t rms or until their successors are appointed. Initially,one member from subsection 3 and both members .'i su•sec on 4 shall have terms of only one year. After the initial appointments, three members shall be appointed each year. The Landmark Commission will be a governmental body and will comply with the Open Meetings Act. HISTORIC PRESERVATION OVERLAY DISTRICT The Historic Preservation Overlay District (HP) is intended to provide for the protection, enhancement,and perpetuation of landmarks or districts of historical and cultural importance and significance. Such action is necessary to promote the economic, cultural, educational, and general welfare of the public. Specifically, this district will have the following expressed purposes: 1. To protect and enhance the landmarks and districts which represent distinctive elements of College Station's historic, architectural, and cultural heritage; 2. To foster civic pride in the accomplishments of the past; 3. To protect and enhance College Station's attractiveness to visitors and the support and stimulus to the economy thereby provided; 4. To insure the harmonious, orderly, and efficient growth and development of the city; 5. To promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;and 6. To encourage stabilization,restoration, and improvements of such properties and their values. The Historic Preservation Overlay District may be applied to districts or areas and to individual property.The area/property/structure of significance shall be at least forty (40)years old. A property or district may be designated if it: 1. Possesses significance in history,architecture,archeology,and culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local,regional, state, or national history; 3. Is associated with events that have made a significant impact in our past; 4. Embodies the distinctive characteristics of a type,period, or method of construction; 5. Represents the work of a master designer, builder, or craftsman;and/or 6. Represents an established and familiar visual feature of the neighborhood or city. Home of Texas A&M University REZONING APPLICATION AND PROCESS A rezoning request for a Historic Preservation Overlay District(HP)will have to provide all of the information typical for a rezoning(e.g.,legal property description), and will follow the typical process for a rezoning,with a few additions. Application First and foremost,historic surveys and inventories will be necessary to determine what physically contributes to the historic story of College Station. The City has invested in this process by hiring Quimby McCoy Preservation Architecture to perform"windshield" surveys of two of the oldest areas in town—the neighborhoods to the east and south of the Texas A&M University campus. The consultant will be able to identify areas of potential significance and will make recommendations for further research and possible inclusion in a historic district. In addition to an inventory and survey, application requests for an HP rezoning shall provide: 1. A current photograph of each property included in the rezoning, and its improvements; 2. Historical photographs;and 3. Other documentary evidence regarding the historic, architectural,or cultural importance of the proposed historic district. Process Preapplication Conference Review and Report by Historic Preservation Officer An application for a Historic Preservation Overlay District zoning shall be reviewed by the Historic Preservation Officer (HPO),who shall review the proposed amendment in light of the Comprehensive Plan,subject to typical rezoning criteria (described in Section 3.2 Zoning Application Submittal Map Amendment of the Unified Development Ordinance) and those criteria outlined above in Staff "Historic Preservation Overlay District". The HPO will evaluate if the proposed rezoning Review contains property(ies) and an environmental setting which meets one or more of the criteria for designation of a landmark or historic district and/or constitutes a distinct section of the Landmark Commission City of College Station. The HPO will then give a report to the Landmark Commission at a scheduled public hearing. \ J r 1 Planning& Referral To Landmark Commission Zoning The Historic Preservation Officer,upon receipt of petition to amend the Official Zoning Map Commission in regards to the Historic Preservation Overlay District, shall refer the same to the Landmark Commission for study,hearing,and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission. City Council Recommendation by Landmark Commission The Landmark Commission shall publish,post,and mail public notice of the public hearing for their consideration of a Historic Preservation Overlay rezoning. The Landmark Commission shall hold a public hearing and recommend to the Planning and Zoning Commission such action as the Landmark Commission deems proper. Referral To Planning and Zoning Commission For a petition to amend the Official Zoning Map in regards to Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study,hearing,and report with the report of the Landmark Commission. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. The process then becomes the same as a regular rezoning. The Planning and Zoning Commission will advertise and hold a public hearing, consider the application,and evaluate it based upon input from the Historic Preservation Officer, the Landmark Commission,and the public,and the rezoning and Historic Preservation Overlay District criteria. They will forward their recommendation to the City Council,who will advertise and hold a public hearing and take all of the information and recommendations into consideration before making a final decision. Home of Texas A&M University Effect of Historic Preservation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, the tax records of the City of College Station,and the Brazos County Appraisal District as well as the official zoning map of the City of College Station. CERTIFICATES OF APPROPRIATENESS Applicability No person shall carry out any construction,reconstruction, alteration,restoration,rehabilitation,relocation, or demolition of any structure or any property within a Historic Preservation Overlay District,nor shall any person make any material change in the light fixtures, signs, sidewalks, fences,steps,paving,or other exterior elements visible from a public right-of-way which affects the appearance and cohesiveness of any structure or any property within a Historic Preservation Overlay District. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a certificate of appropriateness that will be required by the Unified Development Ordinance has first been issued by the Landmark Commission. The certificate of appropriateness shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of College Station. No permit for the demolition of a historic landmark or property within a historic district,including secondary buildings and landscape features, shall be granted by the Building Official without the review of a completed application for a certificate of appropriateness by the Landmark Commission. Application Requirements A complete application for Certificate of Appropriateness approval shall be submitted to the Administrator and shall include,where applicable: 1. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans; 4. Landscape protection plans; 5. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changed,if available; 7. Samples of materials to be used; 8. Specifications for architectural features and materials;and 9. Any other information that the Commission may deem necessary in order to visualize proposed work. Process Preapplication Conference Prior to the submission of an application for certificate of appropriateness, all potential applicants may request a preapplication conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards,or regulations required by the Unified Development Ordinance (UDO);however, they do not fulfill the requirements for formal review or submittal as set forth in the UDO. Review and Report by the Historic Preservation Officer Application If the proposed plan is determined to be consistent with all applicable provisions of the Submittal Unified Development Ordinance and the City's Comprehensive Plan, or if the plan is I staff recommended for denial or conditional approval, the Historic Preservation Officer shall report [ Review such consistency,inconsistency, or proposed conditions to the Landmark Commission. Completeness Review Review by the Landmark Commission The Landmark Commission shall review the plan in a public meeting and may approve, approve with conditions, or deny the application. If the Landmark Commission requires Landmark Home of Texas A&M University Commission additional information than that presented at a meeting,a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by publication of the agenda of the meeting. Final Action by the Landmark Commission If the proposed plan is determined to be consistent with all applicable provisions of the Unified Development Ordinance,including the applicable district provisions of the Historic Preservation Overlay District (see above),and the review criteria below,the Landmark Commission shall approve the plan. A determination that all such requirements and provision have not been satisfied shall result in disapproval of the plan. Criteria for Approval of a Certificate of Appropriateness In considering an application for a certificate of appropriateness, the Landmark Commission shall be guided by any adopted design guidelines and the following from The Secretary of the Interior's Standards for Rehabilitation of Historic Buildings: 1. Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object,or site and its environment. 2. The distinguishing original qualities or character of a building, structure,object, or site and its environment shall not be destroyed.The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create and earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object,or site and its environment. These changes may have acquired significance in their own right,and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. 6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture,and other visual qualities. 7. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical,physical,or pictorial evidence rather than on conjectural designs or the availability of different architectural elements form other buildings or structures. 8. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 9. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to,any project. 10. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural,or cultural material,and such design is compatible with the size, scale, color,material,and character of the property,neighborhood,or environment. 11. Whenever possible,new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building,structure, object, or site would be unimpaired. Expiration of Approval For plans that do not require the issuance of a building permit,work to complete the plans shall commence and be completed within twenty-four (24) months. The Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of substantial progress and the lack of changed or changing conditions in the area. For plans that require the issuance of a building permit,if a building permit has not been issued for the proposed work within twenty-four(24) months, the Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of the lack of changed or changing conditions in the area. A certificate of appropriateness shall be valid as long as there is a valid building permit. Home of Texas A&M University Economic Hardship Application and Process After the denial of a certificate of appropriateness from the Landmark Commission,an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Landmark Commission makes a finding that hardship exists. Application A complete application for claim of economic hardship shall be submitted to the Administrator. The Historic Preservation Officer will review the application for completeness and forward it to the Landmark Commission for their consideration. Action by the Landmark Commission 1. Public Hearing Following notice in accordance with the Unified Development Ordinance Section 3.1.F Required Public Notice, the Landmark Commission shall hold a public hearing. 2. Economic Hardship Review Following the hearing, the Landmark Commission has thirty(30) days in which to prepare a statement of finding to the Building Official, stating the reasons for granting or denying the hardship application. If no action has been taken by the Landmark Commission within thirty (30) days, such application shall be deemed granted by the Commission. 3. Criteria for Finding of Economic Hardship When a claim of economic hardship is made due to the effect of the Unified Development Ordinance regarding certificates of appropriateness, the owner must prove that: • The property is incapable of earning a reasonable return,regardless of whether that return represents the most profitable return possible; • The property cannot be adapted for any other use,whether by the current owner or by a purchaser,which would result in a reasonable return;and • Efforts to find a purchaser interested in acquiring the property and preserving it have failed. • The applicant shall consult in good faith with the Landmark Commission,local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Landmark Commission. Appeals An applicant for a certificate of appropriateness or finding of economic hardship dissatisfied with the action of the Landmark Commission related to the issuance or denial of a certificate of appropriateness or finding of economic hardship shall have the right to appeal to the City Council within thirty (30) calendar days after the date of such action. Ordinary Maintenance Nothing in the ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a property within a historic district which does not involved a change in design,material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance. Demolition by Neglect �� ` , ` 3 di°w No owner or person with an interest in real property included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would,in the judgment of the Landmark Commission,produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roof or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration or crumbling of exterior stucco or mortar. 5. Ineffective waterproofing of exterior walls,roof, or foundations,including broken windows or doors. 6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Home of Texas A&M University Temporary Emergency Repairs If the Building Official determines that a building or structures in a Historic Preservation Overlay District poses an immediate threat to persons or property,the Building Official may order or conduct any temporary emergency repairs necessary to make the building or structure safe without the requirement of a certificate of appropriateness. The Building Official shall send a written report of such temporary emergency repairs to the Landmark Commission. However,once such temporary emergency repairs have been completed,no further work may be done on the building or structure unless a certificate of appropriateness is obtained. Home of Texas A&M University Griffi144 CITY OF COLLEGE STATION fr Planning&Development Services ,��k HISTORIC PRESERVATION OVERLAY PROPOSAL ! "' s To move forward with a historic preservation program in the City of College Station,ordinance amendments are being proposed that will create a regulatory approach to the preservation and protection of valued historic resources. Historic properties are proposed to be protected through an overlay zoning district. Such a method will allow for additional measures of oversight on sensitive properties on top of the base zoning district that already exists. The overlay will not change any regulations regarding land use,but can establish design guidelines and processes for review so that that development on these properties can be respectful of the contributions the district makes to the history of the City of College Station. The package of amendments to the Unified Development Ordinance is proposed to contain the following elements: HISTORIC PRESERVATION OFFICER The Administrator will designate a Historic Preservation Officer,whom will be the staff contact person for issues related to the historic preservation overlay and certificates of appropriateness,and will serve as the liaison to the Landmark Commission. LANDMARK COMMISSION Responsibilities The City Council will appoint a Landmark Commission that will be responsible for: 1. Future surveys and inventory maintenance of significant historic, architectural,and cultural landmarks and all properties located in historic districts within the City of College Station; 2. An annual report to the City Council that summarizes their work in the previous year; 3. Recommendations to the Planning&Zoning Commission for: p iEffective coordination for the implementation of the Comprehensive Plan as it related to historic preservation; The adoption of criteria for the designation of historic,architectural, and cultural landmarks and the delineation of historic districts;and The designation of historic preservation overlay districts. 4. commendations to the City Council for: ` The utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City of College Station and The acceptance of the donation of preservation easements for the purpose of historic preservation. 5 s m, al action onf Applications for certificates of appropriateness, lik Applications for claims of economic hardship,and Preparation of specific design guidelines for the review of landmarks and districts. Membership The Landmark Commission will consist of seven regular members and two alternate members. Six of the regular members and the two alternate members shall be appointed by the City Council. The seventh regular member shall Home of Texas A&M University be the Chairman of the Historic Preservation Advisory Committee or his designee. City Council shall apportion membership according to the following fields of expertise or specialized knowledge: 1. One member shall represent one of the following fields or professions: • History or • Archaeology 2. One member shall be the owner of one of the following: �? • Propertyin a historic district or • Property in the City of College Station Historic Marker Program. 3. Two members shall represent any combination of the following fields or professions: • Architecture, • Landscape architecture, or • Urban planning. 4. Two members shall represent any combination of the following fields or professions: •- Banking, finance, or economics; • Real estate;or • Law. The two alternates may represent any of the fields identified above in subsections 1,2,3, or 4. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified above in subsections 1,2,3, or 4 can not be timely filled with a qualified candidate, the City Council may appoint citizens-at-large to fill such places. Members shall be appointed for two-year terms or until their successors are appointed. Initially, one member from subsection 3 and both members of subsection 4 shall have terms of only one year. After the initial appointments, three members shall be appointed each year. The Landmark Commission will be a governmental body and will comply with the Open Meetings Act. HISTORIC PRESERVATION OVERLAY DISTRICT The Historic Preservation Overlay District (HP) is intended to provide for the protection, enhancement,and perpetuation of landmarks or districts of historical and cultural importance and significance. Such action is necessary to promote the economic, cultural, educational, and general welfare of the public. Specifically, this district will have the following expressed purposes: 1. To protect and enhance the landmarks and districts which represent distinctive elements of College Station's historic, architectural,and cultural heritage; 2. To foster civic pride in the accomplishments of the past; 3. To protect and enhance College Station's attractiveness to visitors and the support and stimulus to the economy thereby provided; 4. To insure the harmonious, orderly, and efficient growth and development of the city; 5. To promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;and 6. To encourage stabilization,restoration, and improvements of such properties and their values. The Historic Preservation Overlay District may be applied to districts or areas and to individual property.The area/property/structure of significance shall be at least forty(40) years old. A property or district may be designated if 1. Possesses significance in history, architecture, archeology,and culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local,regional, state, or national history; 3. Is associated with events that have made a significant impact in our past; 4. Embodies the distinctive characteristics of a type,period,or method of construction; 5. Represents the work of a master designer, builder, or craftsman;and/or Home of Texas A&M University -Represents an established and familiar visual feature of the neighborhood or city. REZONING APPLICATION AND PROCESS A rezoning request for a Historic Preservation Overlay District(HP)will have to provide all of the information typical for a rezoning(e.g.,legal property description), and will follow the typical process for a rezoning,with a few additions. Application First and foremost,historic surveys and inventories will be necessary to determine what physically contributes to the historic story of College Station. The City has invested in this process by hiring Quimby McCoy Preservation Architecture to perform"windshield" surveys of two of the oldest areas in town—the neighborhoods to the east and south of the Texas A&M University campus. The consultant will be able to identify areas of potential significance and will make recommendations for further research and possible inclusion in a historic district. In addition to an inventory and survey,application requests for an HP rezoning shall provide: 1. A current photograph of each property included in the rezoning, and its improvements; 2. Historical photographs;and 3. Other documentary evidence regarding the historic,architectural, or cultural importance of the proposed historic district. Process Preapplication Conference Review and Report by Historic Preservation Officer An application for a Historic Preservation Overlay District zoning shall be reviewed by the Historic Preservation Officer (HPO),who shall review the proposed amendment in light of the Comprehensive Plan,subject to typical rezoning criteria (described in Section 3.2 Zoning Application Submittal Map Amendment of the Unified Development Ordinance) and those criteria outlined above in "Historic Preservation OverlayDistrict". The HPO will evaluate if the proposed rezoningstaff p p Review contains property(ies) and an environmental setting which meets one or more of the criteria for designation of a landmark or historic district and/or constitutes a distinct section of the Landmark Commission City of College Station. The HPO will then give a report to the Landmark Commission at a • scheduled public hearing. / \ Planning& Referral To Landmark Commission zoning The Historic Preservation Officer,upon receipt of petition to amend the Official Zoning Map Commission in regards to the Historic Preservation Overlay District, shall refer the same to the Landmark Commission for study,hearing, and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission. City Council • .�c.,\c� eco �.sx a� Home of Texas A&M University Recommendation by Landmark Commission The Landmark Commission shall publish,post, and mail public notice of the public hearing for their consideration of a Historic Preservation Overlay rezoning. The Landmark Commission shall hold a public hearing and recommend to the Planning and Zoning Commission such action as the Landmark Commission deems proper. Referral To Planning and Zoning Commission For a petition to amend the Official Zoning Map in regards to Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study,hearing,and report with the report of the Landmark Commission. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. The process then becomes the same as a regular rezoning. The Planning and Zoning Commission will advertise and hold a public hearing, consider the application,and evaluate it based upon input from the Historic Preservation Officer, the Landmark Commission, and the public,and the rezoning and Historic Preservation Overlay District criteria. They will forward their recommendation to the City Council,who will advertise and hold a public hearing and take all of the information and recommendations into consideration before making a final decision. \1\1\ Ettect of Historic Viesetvation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, the tax records of the City of College Station, and the Brazos County Appraisal District as well as the official zoning map of the City of College Station. —'v`dir CERTIFICATES OF APPROPRIATENESS �j Applicability No person shall carry out any construction,reconstruction,alteration,restoration,rehabilitation,relocation, or demolition of any structure or any property within a Historic Preservation Overlay District,nor shall any person make any material change in the light fixtures, signs,sidewalks, fences,steps,paving,or other exterior elements visible from a public right-of-way which affects the appearance and cohesiveness of any structure or any property within a Historic Preservation Overlay District. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a certificate of appropriateness that will be required by the Unified Development Ordinance has first been issued by the Landmark Commission. The certificate of appropriateness shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of College Station. No permit for the demolition of a historic landmark or property within a historic district,including secondary buildings and landscape features,shall be granted by the Building Official without the review of a completed application for a certificate of appropriateness by the Landmark Commission. Application Requirements A complete application for Certificate of Appropriateness approval shall be submitted to the Administrator and shall include,where applicable: 1. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans; 4. Landscape protection plans; 5. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changed,if available; 7. Samples of materials to be used; 8. Specifications for architectural features and materials;and 9. Any other information that the Commission may deem necessary in order to visualize proposed work. Home of Texas A&M University Process Preapplication Conference Prior to the submission of an application for certificate of appropriateness, all potential applicants may request a preapplication conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by the Unified Development Ordinance (UDO);however,they do not fulfill the requirements for formal review or submittal as set forth in the UDO. Review and Report by the Historic Preservation Officer Application If the proposed plan is determined to be consistent with all applicable provisions of the Submittal Unified Development Ordinance and the City's Comprehensive Plan, or if the plan is l Staff recommended for denial or conditional approval, the Historic Preservation Officer shall report i Review such consistency,inconsistency, or proposed conditions to the Landmark Commission. completeness Review Review by the Landmark Commission The Landmark Commission shall review the plan in a public meeting and may approve, approve with conditions,or deny the application. If the Landmark Commission requires additional information than that presented at a meeting,a decision may be postponed until a Landmark specified date when the specified information may be provided. Notice shall be provided by Commission publication of the agenda of the meeting. Final Action by the Landmark Commission If the proposed plan is determined to be consistent with all applicable provisions of the Unified Development Ordinance,including the applicable district provisions of the Historic Preservation Overlay District (see above),and the review criteria below, the Landmark Commission shall approve the plan. A determination that all such requirements and provision have not been satisfied shall result in disapproval of the plan. Criteria for Approval of a Certificate of Appropriateness In considering an application for a certificate of appropriateness, the Landmark Commission shall be guided by any adopted design guidelines and the following from The Secretary of the Interior's Standards for Rehabilitation of Historic Buildings: 1. Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building,structure,object, or site and its environment. 2. The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed.The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, objects,and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create and earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. 6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. 7. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical,physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements form other buildings or structures. 8. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 9. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to,any project. (( r Home of Texas A&M University 10. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical,architectural, or cultural material,and such design is compatible with the size, scale, color,material, and character of the property,neighborhood,or environment. 11. Whenever possible,new additions or alterations to buildings, structures, objects,or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building,structure, object, or site would be unimpaired. Expiration of Approval For plans that do not require the issuance of a building permit,work to complete the plans shall commence and be completed within twenty-four(24) months. The Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of substantial progress and the lack of changed or changing conditions in the area. For plans that require the issuance of a building permit,if a building permit has not been issued for the proposed work within twenty-four(24) months, the Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of the lack of changed or changing conditions in the area. A certificate of appropriateness shall be valid as long as there is a valid building permit. Economic Hardship Application and Process After the denial of a certificate of appropriateness from the Landmark Commission,an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Landmark Commission makes a finding that hardship exists. Application A complete application for claim of economic hardship shall be submitted to the Administrator. The Historic Preservation Officer will review the application for completeness and forward it to the Landmark Commission for their consideration. Action by the Landmark Commission 1. Public Hearing Following notice in accordance with the Unified Development Ordinance Section 3.1.F Required Public Notice, the Landmark Commission shall hold a public hearing. 2. Economic Hardship Review Following the hearing, the Landmark Commission has thirty (30) days in which to prepare a statement of finding to the Building Official, stating the reasons for granting or denying the hardship application. If no action has been taken by the Landmark Commission within thirty(30) days, such application shall be deemed granted by the Commission. 3. Criteria for Finding of Economic Hardship When a claim of economic hardship is made due to the effect of the Unified Development Ordinance regarding -rtificates of appropriateness, the owner must prove that: The property is incapable of earning a reasonable return,regardless of whether that return represents the most profitable return possible; The property cannot be adapted for any other use,whether by the current owner or by a purchaser,which would result in a reasonable return;and Efforts to find a purchaser interested in acquiring the property and preserving it have failed. The applicant shall consult in good faith with the Landmark Commission,local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Landmark Commission. Home of Texas A&M University Appeals An applicant for a certificate of appropriateness or finding of economic hardship dissatisfied with the action of the Landmark Commission related to the issuance or denial of a certificate of appropriateness or finding of economic hardship shall have the right to appeal to the City Council within thirty (30) calendar days after the date of such action. Ordinary Maintenance Nothing in the ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a property within a historic district which does not involved a change in design,material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance. Demolition by Neglect No owner or person with an interest in real property included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would,in the judgment of the Landmark Commission,produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roof or other horizontal members. 3. Deterioration of exterior chimneys. ' � 4. Deterioration or crumbling of exterior stucco or mortar. V' " 5. Ineffective waterproofing of exterior walls,roof,or foundations,including broken windows or doors. 6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Temporary Emergency Repairs If the Building Official determines that a building or structures in a Historic Preservation Overlay District poses an immediate threat to persons or property, the Building Official may order or conduct any temporary emergency repairs necessary to make the building or structure safe without the requirement of a certificate of appropriateness. The Building Official shall send a written report of such temporary emergency repairs to the Landmark Commission. However, once such temporary emergency repairs have been completed,no further work may be done on the building or structure unless a certificate of appropriateness is obtained. • Home of Texas A&M University )\ \A "' < / \ . Les °k 4o-vx,4 ,S/gik _ Historic Preservation Enabling Ordinance Meeting February 13, 2008 1 PROPOSAL • Historic Preservation Officer • Landmark Commission • Historic Preservation Overlay District • Rezoning Application and Process • Certificates of Appropriateness 2 MH1 Historic Preservation Officer Historic Preservation Officer 'Staff contact for all historic preservation overlay issues •liaison to Landmark Commission Historic Preservation Advisory Committee •Continue to collect historic resources and educate the public about our history 'Continue the current marker program 3 Landmark Commission • Historical surveys and inventory maintenance • Annual Reports • Recommendations to PEtZ • Recommendations to City Council • Final Action - Certificates of Appropriateness - Claims of Economic Hardship - Design guidelines Several responsibilities, including •Recommendations to the Planning & Zoning Commission re: •The adoption of criteria for the designation of landmarks and the delineation of historic districts •The designation of historic preservation overlay districts •Recommendations to City Council for: •Utilization of funds for preservation purposes •Acceptance of preservation easements •Final actionton: •COAs •Claims of economic hardship •Preparation of specific design guidelines for the review of districts 7-member board 4 Historic Preservation Overlay District • Applies to districts or individual properties • Area/property/structure of significance at least 40 years old • Historically significant qualities Applies to districts or individual properties Initiated by City Council, P&Z, the Administrator, or the property owner At least 40 years old Read criteria 5 Rezoning Application and Process Preapplication Conference Application Submittal Staff Review l Landmark Commission J Planning& Zoning Commission J City Council Explain process 6 Certificates of Appropriateness Not required for most ordinary maintenance Required for: • Construction • Reconstruction • Alteration • Restoration • Rehabilitation • Relocation • Demolition • Material changes to exteriors visible from ROW COAs needed to pretty much do anything that will affect the outside appearance of the property. Normal maintenance would not require a COA. 7 Certificates of Appropriateness Application Submittal Completeness Review Staff 1 Review Landmark Commissio n 'In Explain process. No public hearing just a consideration by the commission. 8 Economic Hardship Application and Process • Public hearing before Landmark Commission • Landmark Commission has 30 days to prepare statement of finding based on certain criteria -41 If a person is denied a COA, they may apply for economic hardship consideration. Owner has to prove certain issues •Property incapable of earning a reasonable return •Can't be adapted for any other use that would result in a reasonable return 'Efforts to find a purchaser interested in preserving it have failed Public hearing. 30 days to prepare a statement of finding. 9 Historic Preservation Enabling Ordinance Meeting February 13, 2008 10 CITY OF COLLEGE STATION Planning 6'Development Services 1101 Texas Avenue South,P.O. Box 9960 College Station,Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM December 18, 2007 TO: HPC members FROM: Molly Hitchcock,AICP Planning Administrator SUBJECT: Historic Preservation Overlay To move forward with a historic preservation program in the City of College Station,ordinance amendments are being proposed that will create a regulatory approach to the preservation and protection of valued historic resources. Historic properties are proposed to be protected through an overlay zoning district. Such a method will allow for additional measures of oversight on sensitive properties on top of the base zoning district that already exists. The overlay will not change any regulations regarding land use,but can establish design guidelines and processes for review so that that development on these properties can be respectful of the contributions the district makes to the history of the City of College Station. The package of amendments to the Unified Development Ordinance will contain the following elements: HISTORIC PRESERVATION OFFICER The Administrator will designate a Historic Preservation Officer,whom will be the staff contact person for issues related to the historic preservation overlay and certificates of appropriateness, and will serve as the liaison to the Landmark Commission. LANDMARK COMMISSION Responsibilities The City Council will appoint a Landmark Commission that will be responsible for: 1. Future surveys and inventory maintenance of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City of College Station; 2. An annual report to the City Council that summarizes their work in the previous year; 3. Recommendations to the Planning&Zoning Commission for: • Effective coordination for the implementation of the Comprehensive Plan as it related to historic preservation; • The adoption of criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts;and Home of Texas A&M University • The designation of historic preservation overlay districts. 4. Recommendations to the City Council for: • The utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City of College Station and • The acceptance of the donation of preservation easements for the purpose of historic preservation. 5. Final action on: • Applications for certificates of appropriateness, • Applications for claims of economic hardship,and • Preparation of specific design guidelines for the review of landmarks and districts. Membership The Landmark Commission will consist of seven regular members and two alternate members. Six of the regular members and the two alternate members shall be appointed by the City Council. The seventh regular member shall be the Chairman of the Historic Preservation Advisory Committee or his designee. City Council shall apportion membership according to the following fields of expertise or specialized knowledge: 1. One member shall represent one of the following fields or professions: • History or • Archaeology 2. One member shall be the owner of one of the following: • Property in a historic district or • Property in the City of College Station Historic Marker Program. 3. Two members shall represent any combination of the following fields or professions: • Architecture, • Landscape architecture, or • Urban planning. 4. Two members shall represent any combination of the following fields or professions: • Banking, finance, or economics; • Real estate; or • Law. The two alternates may represent any of the fields identified above in subsections 1,2, 3, or 4. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified above in subsections 1,2, 3,or 4 can not be timely filled with a qualified candidate, the City Council may appoint citizens-at-large to fill such places. Members shall be appointed for two-year terms or until their successors are appointed. Initially, one member from subsection 3 and both members of subsection 4 shall have terms of only one year. After the initial appointments, three members shall be appointed each year. The Landmark Commission will be a governmental body and will comply with the Open Meetings Act. HISTORIC PRESERVATION OVERLAY DISTRICT The Historic Preservation Overlay District (HP) is intended to provide for the protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance. Such action is necessary to promote the economic, cultural, educational, and general welfare of the public. Specifically, this district will have the following expressed purposes: 1. To protect and enhance the landmarks and districts which represent distinctive elements of College Station's historic,architectural, and cultural heritage; 2. To foster civic pride in the accomplishments of the past; 3. To protect and enhance College Station's attractiveness to visitors and the support and stimulus to the economy thereby provided; ,, 4. To insure the harmonious, orderly, and efficient growth and development of the city; Home of Texas A&M University 5. To promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;and 6. To encourage stabilization,restoration,and improvements of such properties and their values. The Historic Preservation Overlay District may be applied to districts or areas and to individual property.The area/property/structure of significance shall be at least forty(40) years old. A property or district may be designated if it:: 1. Possesses significance in history,architecture, archeology,and culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local,regional, state, or national history; 3. Is associated with events that have made a significant impact in our past; 4. Embodies the distinctive characteristics of a type,period, or method of construction; 5. Represents the work of a master designer,builder, or craftsman;and/or 6. Represents an established and familiar visual feature of the neighborhood or city. REZONING APPLICATION AND PROCESS A rezoning request for a Historic Preservation Overlay District(HP)will have to provide all of the information typical for a rezoning(e.g.,legal property description),and will follow the typical process for a rezoning,with a few additions. Application First and foremost,historic surveys and inventories will be necessary to determine what physically contributes to the historic story of College Station. The City has invested in this process by hiring Quimby McCoy Preservation Architecture to perform"windshield" surveys of two of the oldest areas in town—the neighborhoods to the east and south of the Texas A&M University campus. The consultant will be able to identify areas of potential significance and will make recommendations for further research and possible inclusion in a historic district. In addition to an inventory and survey,application requests for an HP rezoning shall provide: 1. A current photograph of each property included in the rezoning,and its improvements; 2. Historical photographs;and 3. Other documentary evidence regarding the historic,architectural, or cultural importance of the proposed historic district. Preapplication Process Conference Review and Report by Historic Preservation Officer An application for a Historic Preservation Overlay District zoning shall be reviewed by the i Historic Preservation Officer (HPO),who shall review the proposed amendment in light of the Comprehensive Plan,subject to typical rezoning criteria (described in Section 3.2 Zoning Application Submittal Map Amendment of the Unified Development Ordinance) and those criteria outlined above in Staff "Historic Preservation Overlay District". The HPO will evaluate if the proposed rezoning Review contains property(ies) and an environmental setting which meets one or more of the criteria for designation of a landmark or historic district and/or constitutes a distinct section of the Landmark Commission City of College Station. The HPO will then give a report to the Landmark Commission at a \ scheduled public hearing. / 1 Planning 6 Referral To Landmark Commission Zoning The Historic Preservation Officer,upon receipt of petition to amend the Official Zoning Map Commission in regards to the Historic Preservation Overlay District,shall refer the same to the Landmark Commission for study,hearing, and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission. City Council Home of Texas A&M University Recommendation by Landmark Commission The Landmark Commission shall publish,post, and mail public notice of the public hearing for their consideration of a Historic Preservation Overlay rezoning. The Landmark Commission shall hold a public hearing and recommend to the Planning and Zoning Commission such action as the Landmark Commission deems proper. Referral To Planning and Zoning Commission For a petition to amend the Official Zoning Map in regards to Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study,hearing, and report with the report of the Landmark Commission. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. The process then becomes the same as a regular rezoning. The Planning and Zoning Commission will advertise and hold a public hearing, consider the application,and evaluate it based upon input from the Historic Preservation Officer,the Landmark Commission, and the public, and the rezoning and Historic Preservation Overlay District criteria. They will forward their recommendation to the City Council,who will advertise and hold a public hearing and take all of the information and recommendations into consideration before making a final decision. Effect of Historic Preservation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, the tax records of the City of College Station, and the Brazos County Appraisal District as well as the official zoning map of the City of College Station. CERTIFICATES OF APPROPRIATENESS Applicability No person shall carry out any construction,reconstruction, alteration,restoration,rehabilitation,relocation, or demolition of any structure or any property within a Historic Preservation Overlay District,nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps,paving,or other exterior elements visible from a public right-of-way which affects the appearance and cohesiveness of any structure or any property within a Historic Preservation Overlay District. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a certificate of appropriateness that will be required by the Unified Development Ordinance has first been issued by the Landmark Commission. The certificate of appropriateness shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of College Station. No permit for the demolition of a historic landmark or property within a historic district,including secondary buildings and landscape features, shall be granted by the Building Official without the review of a completed application for a certificate of appropriateness by the Landmark Commission. Application Requirements A complete application for Certificate of Appropriateness approval shall be submitted to the Administrator and shall include,where applicable: 1. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans; 4. Landscape protection plans; 5. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changed,if available; 7. Samples of materials to be used; 8. Specifications for architectural features and materials;and 9. Any other information that the Commission may deem necessary in order to visualize proposed work. Home of Texas A&M University Process Preapplication Conference Prior to the submission of an application for certificate of appropriateness, all potential applicants may request a preapplication conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by the Unified Development Ordinance (UDO);however,they do not fulfill the requirements for formal review or submittal as set forth in the UDO. Review and Report by the Historic Preservation Officer application If the proposed plan is determined to be consistent with all applicable provisions of the Submittal Unified Development Ordinance and the City's Comprehensive Plan, or if the plan is r Staff recommended for denial or conditional approval, the Historic Preservation Officer shall report * Review such consistency,inconsistency,or proposed conditions to the Landmark Commission. Completeness Review Review by the Landmark Commission The Landmark Commission shall review the plan in a public meeting and may approve, approve with conditions, or deny the application. If the Landmark Commission requires additional information than that presented at a meeting,a decision may be postponed until a Landmark specified date when the specified information may be provided. Notice shall be provided by commission publication of the agenda of the meeting. Final Action by the Landmark Commission If the proposed plan is determined to be consistent with all applicable provisions of the Unified Development Ordinance,including the applicable district provisions of the Historic Preservation Overlay District(see above),and the review criteria below,the Landmark Commission shall approve the plan. A determination that all such requirements and provision have not been satisfied shall result in disapproval of the plan. Criteria for Approval of a Certificate of Appropriateness In considering an application for a certificate of appropriateness, the Landmark Commission shall be guided by any adopted design guidelines and the following from The Secretary of the Interior's Standards for Rehabilitation of Historic Buildings: 1. Every reasonable effort shall be made to adapt the property in a manner`which requires minimal alteration of the building, structure, object, or site and its environment. 2. The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed.The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, objects,and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create and earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure,object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. 6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible. In the event replacement is necessary,the new material should reflect the material being replaced in composition,design, color,texture, and other visual qualities. 7. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical,physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements form other buildings or structures. 8. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 9. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to,any project. Home of Texas A&M University 10. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical,architectural, or cultural material, and such design is compatible with the size, scale, color,material,and character of the property,neighborhood,or environment. 11. Whenever possible,new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object,or site would be unimpaired. Expiration of Approval For plans that do not require the issuance of a building permit,work to complete the plans shall commence and be completed within twenty-four(24) months. The Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of substantial progress and the lack of changed or changing conditions in the area. For plans that require the issuance of a building permit,if a building permit has not been issued for the proposed work within twenty-four(24) months, the Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of the lack of changed or changing conditions in the area. A certificate of appropriateness shall be valid as long as there is a valid building permit. Economic Hardship Application and Process After the denial of a certificate of appropriateness from the Landmark Commission,an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Landmark Commission makes a finding that hardship exists. Application A complete application for claim of economic hardship shall be submitted to the Administrator. The Historic Preservation Officer will review the application for completeness and forward it to the Landmark Commission for their consideration. Action by the Landmark Commission 1. Public Hearing Following notice in accordance with the Unified Development Ordinance Section 3.1.F Required Public Notice, the Landmark Commission shall hold a public hearing. 2. Economic Hardship Review Following the hearing, the Landmark Commission has thirty (30) days in which to prepare a statement of finding to the Building Official, stating the reasons for granting or denying the hardship application. If no action has been taken by the Landmark Commission within thirty(30) days, such application shall be deemed granted by the Commission. 3. Criteria for Finding of Economic Hardship When a claim of economic hardship is made due to the effect of the Unified Development Ordinance regarding certificates of appropriateness, the owner must prove that: • The property is incapable of earning a reasonable return,regardless of whether that return represents the most profitable return possible; • The property cannot be adapted for any other use,whether by the current owner or by a purchaser,which would result in a reasonable return;and • Efforts to find a purchaser interested in acquiring the property and preserving it have failed. • The applicant shall consult in good faith with the Landmark Commission,local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Landmark Commission. Home of Texas A&M University Appeals An applicant for a certificate of appropriateness or finding of economic hardship dissatisfied with the action of the Landmark Commission related to the issuance or denial of a certificate of appropriateness or finding of economic hardship shall have the right to appeal to the City Council within thirty (30) calendar days after the date of such action. Ordinary Maintenance Nothing in the ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a property within a historic district which does not involved a change in design,material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance. Demolition by Neglect No owner or person with an interest in real property included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would,in the judgment of the Landmark Commission,produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roof or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration or crumbling of exterior stucco or mortar. 5. Ineffective waterproofing of exterior walls,roof, or foundations,including broken windows or doors. 6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Temporary Emergency Repairs If the Building Official determines that a building or structures in a Historic Preservation Overlay District poses an immediate threat to persons or property, the Building Official may order or conduct any temporary emergency repairs necessary to make the building or structure safe without the requirement of a certificate of appropriateness. The Building Official shall send a written report of such temporary emergency repairs to the Landmark Commission. However, once such temporary emergency repairs have been completed,no further work may be done on the building or structure unless a certificate of appropriateness is obtained. Home of Texas A&M University April 18, 2008 Pre-registration Deadline for Texas Historic Commission Annual Historic Preservation Conference May 1-3, 2008 Texas Historic Commission Annual Historic Preservation Conference Corpus Christi, Texas 10. Possible action and discussion on future agenda items -A Historic Preservation Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 11. Adjourn. (c) Funds for Certified Local Governments. The Act provides that at least 10% of the State s annual Historic Preservation Fund allocation from the Department of the Interior shall be designated for transfer to Certified Local Government programs. Although all Certified Local Governments shall be eligible to receive funds from this allocation,there is no requirement that funds be awarded to all local governments that are eligible. (d) The need for rules. The following rules provide the procedures by which local governments may become Certified Local Governments and by which application may be made for federal funds. The rules are also intended to assure that the performance of a certified local government is consistent with the identification, evaluation, and preservation priorities of the Texas Historical Commission s statewide, comprehensive, historic preservation planning process. (e) County participation. Counties shall participate in the Certified Local Government process through compliance with the Texas Local Government Code, Chapter 318, which empowers the Commissioners Court of each county to appoint a County Historical Commission, and specifies the duties of such a commission. (f) Minimum requirements for certification of local governments. (1) Cities and towns shall enforce appropriate state and local legislation for the designation and protection of historic properties. Ordinances of these municipal governments shall provide for the following: \/ (A) authorization for historic preservation under the Texas Local Government Code, Chapter 211, Municipal Zoning Authority as amended; 2 (B) statement of purpose and evidence of substantial achievement in carrying out same; (C) designation of a city official, staff person, or other appropriate resident of the municipal entity as local preservation officer; (D) establishment by ordinance of a review commission, board, or committee for historic preservation and the granting of specified powers to it; (E) definition of the process and criteria for the designation of historic districts or individual historic properties with clear delineation of the legal boundaries of such designated resources, (F) establishment of standards and criteria for the review of alterations, demolition, or new construction in designated historic districts or to individual historic landmarks, such as with the adoption of the Secretary of the Interior s Standards for Historic Preservation Projects and/or the Standards for Rehabilitation; (G) provision for delaying the demolition of an individual property in a designated district for a period of no less than sixty days; and (H) provision for penalties for noncompliance, and right to due process. (2) Counties shall enforce appropriate state legislation for the protection of historic properties. By-laws adopted by an appointed County Historical Commission shall provide for the following: (A) designation of a county official, staff person, or other appropriate resident of the county as local preservation officer; (B) statement of purpose; (C) establishment of a review board or committee for historic preservation and the granting of specified responsibilities to it; 3 (D) definition of a process of surveying (identifying), evaluating, registering, documenting and protecting (treatment) of individual historic properties and districts; (E)provision for developing and maintaining an inventory of surveyed (identified) individual historic properties and districts; (F) establishment of a system for the periodic review of Recorded Texas Historic Landmarks, State Archaeological Landmarks, or individual historic properties or districts listed in the National Register of Historic Places located in the county; and (G) adoption of the Secretary of the Interior s Standards and Guidelines for Archaeology and Historic Preservation as the standards for all County Historical Commission activities. (3) The local government shall establish an adequate and qualified review commission, board, or committee for historic preservation composed of professional and lay members. The commission,board, or committee shall fulfill the following requirements: (A) the review commission,board, or committee shall have no fewer than five members and no more than fifteen. (B) Members of the review commission,board, or committee shall be residents of the county or municipal entity for which they serve, and shall represent the general ethnic make-up of that community. (C) All review commission,board, or committee members shall have a demonstrated interest, competence, or knowledge in historic preservation. To the extent available in the community, the local government is to appoint professional members from the disciplines of architecture, history, architectural history, planning, archeology, or other disciplines related to historic preservation 4 such as urban planning, American studies, American civilization, cultural geography, or cultural anthropology. N (D) When a professional in the fields of history, architecture, architectural history,planning, or archeology is not represented in the membership of the review commission, board, or committee, then the commission,board, or committee shall seek outside expertise in the appropriate discipline when considering National Register nominations and actions that will affect historic properties which are normally evaluated by a professional in such disciplines. This expertise may be obtained through using a consultant in advance on each occasion he or she is required. A government may be certified without the minimum number or types of disciplines noted in subparagraph (c) of this paragraph ,provided it can demonstrate to the commission s satisfaction that a reasonable effort was made to fill those positions, and that such expertise was not available in the community. (E)Terms of office shall be staggered, with initial terms of one, two, and three years to prevent a simultaneous turnover of all review commission, board, or committee members. Subsequent terms shall be for a period of at least two years. (F) Meetings of the review commission,board, or committee shall be held monthly unless no applications for work have been received, or unless no commission action is required. (G) A handbook, approved by the Texas Historical Commission, shall be provided each commission,board, or committee member. (H) The review commission, board, or committee shall be represented each year at a minimum of one informational or educational meeting which is sponsored by the Texas Historical Commission, and which pertains to the current work and functions of the review 5 commission,board, or committee or to other related historic preservation topics. The Texas Historical Commission shall make available orientation materials and training to all local commissions, boards, or committees. (I) Written minutes shall be maintained which record all actions of the review commission,board, or committee and copies shall be distributed to the members of the review commission,board, or committee and to the Texas Historical Commission within sixty days of the date of a commission,board, or committee meeting. (J) The review commission,board, or committee shall monitor and report to the Texas Historical Commission any actions affecting any county courthouse, Recorded Texas Historic Landmark, State Archaeological Landmark,National Register property, and any locally designated landmark. (4) The local government shall implement and maintain a system for the survey and inventory of historic properties which shall be coordinated with, and be complementary to, the historic sites inventory of the Texas Historical Commission,and which shall be subject to the following provisions. (A) The program of survey and inventory instituted by the local government for properties within its jurisdiction shall be approved by the Texas Historical Commission; it shall be consistent with statewide, comprehensive, historic preservation planning and other appropriate planning processes. (B) All inventory material shall be maintained securely and shall be accessible to the public, except that the location of archeological sites shall be withheld to discourage looting. (C) The survey shall be integrated into the Texas Historical Commission s planning process, shall be used as part of the 6 process of designating local landmarks, and shall be involved in the review of National Register nominations. (D) Inventory information shall be made current periodically to reflect changes, alterations, and demolitions. (E)A building-by-building survey and inventory shall be made for each historic district. (5) The local government shall provide for public participation in the local historic preservation program, including the process of nominating properties to the National Register of Historic Places. (A) All meetings shall be held in conformance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. (B) Careful minutes shall be kept of all meetings of the review commission. The reasons for commission, board, or committee decisions are to be fully stated in the minutes, which are to be kept on file and available for review by the public. (6) The local government shall satisfactorily perform the responsibilities mandated in paragraphs (1-5) of this subsection, and those specifically delegated to it by the State Historic Preservation Officer. The State Historic Preservation Officer does not delegate to any Certified Local Government the authority to nominate properties directly to the National Register of Historic Places. ) (7) The local government may assume additional responsibilities agreed to by the State Historic Preservation Officer. 7 (8) The State Historic Preservation Officer, or his designee, shall have a reasonable opportunity to review all records and materials pertinent to the implementation of these regulations. (g) Participation by Certified Local Governments in the process of nominating properties to the National Register. (1) All documentation and materials necessary for the nomination of properties to the National Register of Historic Places shall be received by the National Register Programs office of the Texas Historic Commission. The department shall notify the Certified Local Government of proposed nominations if there is a reasonable certainty that the proposal will result in the implementation of the nomination process. (2) If the properties to be nominated lie within the jurisdiction of a Certified Local Government,the National Register Programs office shall transmit the nomination materials to the historic preservation review commission,board, or committee within 30 days after the department has determined that the nomination materials are complete and correct. This will be accompanied by a preliminary National Register Programs office staff recommendation in regard to the form, content, and merit of the proposed nomination. (3) The historic preservation review commission, board, or committee and the chief elected official of the Certified Local Government shall separately notify the National Register Programs office,the owner of the property, and the applicant as to their opinions in regard to the proposed nomination within 60 days of the receipt of the nomination materials. In the 60 day period, the Certified Local Government shall provide a reasonable opportunity for public comment. 8 (4) In the event that the historic preservation review commission, board, or committee and the chief elected official agree that the proposed nomination meets the criteria for listing properties on the National Register Programs of Historic Places,the National Register Programs office will place the proposed nomination before the State Board of Review at the earliest possible quarterly meeting for its consideration. (5) In the event the historic preservation review commission, board, or committee and the chief elected official disagree that the proposed nomination meets the criteria for listing in the National Register of Historic Places, the National Register Programs office will place the proposed nomination before the State Board of Review at the earliest possible quarterly meeting. (6) In the event the historic preservation review commission, board, or committee and the chief elected official agree that the proposed nomination does not meet the criteria for listing on the National Register of Historic Places, the historic preservation review commission, board, or committee will return the nomination materials to the National Register Programs office who shall take no further action unless, within 30 days of the receipt of such nomination materials to the National Register office, an appeal is filed with the National Register Programs office. If such an appeal is filed, the National Register Programs office shall place the nomination before the State Board of Review at the earliest possible quarterly meeting. (7) In the case of proposed nominations to the National Register of Historic Places,the Certified Local Government shall be responsible for: (A) verification of the accuracy of the nomination including the names of all owners of properties included in the nomination, and 9 (B) holding public information meetings concerning the proposed nomination. (h) Process for certification of local governments. (1). The chief elected official of a city or town shall request certification from the State Historical Preservation Officer. The request for certification shall include the following: (A) a written assurance by the local chief elected official that the local government is fulfilling the standards for certification outlined in paragraphs (f)(1)-(5) of this section; (B) a copy of the local historic preservation ordinance, (C) a list, with appropriate location maps, of areas currently designated as historic properties under the local ordinance, along with statements about the historical significance of the properties, (D) resumes for each member of the local review commission for historic preservation including, where appropriate, data documenting the expertise of members in the professional fields related to historic preservation, and (E) a copy of the local historic preservation plan, if available, or a statement describing the local preservation program including the activities of survey, designation, and protection. \(,)'.IThe chief elected official of a county shall request certification from the state historic preservation officer. The request for certification shall include the following: (A) a written assurance by the local chief elected official that the local government is fulfilling the appropriate standards for certification outlined in paragraphs (f)(1)-(5) of this section; 10 (B) a copy of the County Historical Commission s by-laws including designation of a review board or committee with specific responsibilities as outlined in subsection (f)(1)-(5) of this section; (C) a list, with appropriate location maps, of recorded Texas Historic Landmarks, State Archeological Landmarks, and any individual properties or districts surveyed(identified) and/or listed on The National Register of Historic Places with statements about the historical significance of the properties; (D) resumes or completed standard forms outlining the experience of each member of the local review board for the committee for historic preservation including, where appropriate, data documenting the expertise of members in the professional fields related to historic preservation; and (E) a copy of the local historic preservation plan, if available, or a statement of goals and objectives for the local preservation program, including the activities of survey(identification), evaluation, registration, documentation, and protection (treatment). (3) The State Historic Preservation Officer shall respond to the chief elected local official within 60 days of receipt of an adequately documented written request for such certification. (4) The local government shall be certified to participate in the national historic preservation program when certified by the State Historic Preservation Officer and the Secretary of the Interior, as follows: When government fulfills the requirements for certification, that officer will forward the decision to the United States Secretary of the Interior, or his designee. If the Secretary does 11 not take exception to the request within 15 working days of receipt of such notice from the State Historic Preservation Officer,the local government shall be regarded as certified. (5) Upon approval of a request for certification, according to the approved certification process, the State Historic Preservation Officer shall prepare a written certification agreement that lists the specific responsibilities of the local governments when certified. The following shall be contained within the written certification agreement: (A) The four minimum responsibilities required of all Certified Local Governments as outlined in paragraphs (f)(1)-(5) of this section. (B) Any additional responsibilities delegated to all Certified Local Governments in the State. (C) Any other delegated responsibilities. (6) The State Historic Preservation Officer shall forward to the Secretary of the Interior a copy of the approved request and a copy of the certification agreement. (i) Process for monitoring Certified Local Governments. (1) The State Historic Preservation Officer shall conduct, at least once every 3 years, a review of Certified Local Governments to assure that each government fulfills its responsibilities as provided for in this section. The State Historic Preservation Officer or the certified local government may request a review on an annual or biannual basis with consent from the other party. (2) The State Historic Preservation Officer shall review the annual review reports submitted by the local governments and other documents as necessary. 12 (3) The State Historic Preservation Officer shall review reports and documents pertaining to the fiscal management of Historic Preservation Fund monies. Auditing will be carried out by state auditors. (4) The Certified Local Government shall make all relevant records and materials available to the State Historic Preservation Officer, including copies of all documentation of expenses. (5) The performance of the Certified Local Government shall be reviewed by the State Historic Preservation Officer on the basis of recognized standards for historic preservation activities. These standards shall include but not be limited to the Secretary of the Interior s Standards and Guidelines for Archeology and Historic Preservation; National Register criteria for evaluation in reviewing the local government s role in the National Register Program; state survey grant requirements in assessing the local government s execution of the survey requirement of the Certified Local Government regulations; and the Secretary of the Interior s Standards for Historic and/or Standards for Rehabilitation in considering the city s and town s role in overseeing work to locally designated landmarks and districts. (j) Process for revoking certification. (1) If the State Historic Preservation Officer determines that a Certified Local Government is inadequately fulfilling its responsibilities, the State Historic Preservation Officer shall document such determination and recommend to the Certified Local Government steps which may be taken to remove the inadequacy. (2) The Certified Local Government shall have between 30 and 120 days, the exact number to be set at the discretion of the State Historic Preservation 13 Officer, in which to implement improvements and corrections acceptable to the State Historic Preservation Officer. (3) If, after the number of days set in paragraph (2) of this subsection improvement has not occurred,that officer shall recommend to the Secretary of the Interior the revocation of certification of the Certified Local Government, citing specific reasons for the recommendation. (4) Upon the revocation of certification by the Secretary of the Interior,the State Historic Preservation Officer shall begin procedures for the suspension and termination of financial assistance to that local governmental entity in accordance with the National Register Programs Manual. (k) Eligibility for receipt of historic preservation funds. (1) Any Certified Local Government shall be eligible to apply for, and to receive, grants from the local share of the state s Historic Preservation Fund which is allocated annually. Any year in which the total appropriation for state grants from the Historic Preservation Fund exceeds $65,000,000, one-half of the excess shall also be transferred to Certified Local Governments according to procedures to be provided by the secretary. (A) Certified Local Governments receiving Historic Preservation Fund monies shall be considered subgrantees of the State of Texas. (B) Historic Preservation Fund monies allocated to Certified Local Governments may not be applied as matching shares for any other federal grant. (2) Historic Preservation Fund monies allocated to Certified Local Governments are to be used only for activities that are eligible for Historic Preservation 14 Fund assistance and that are consistent with a statewide comprehensive historic preservation planning process. (1) Federal requirements for state and local financial responsibility. (1) Local financial management systems of a Certified Local Government shall be run in accordance with the federal Office of Management and Budget Circular A-102, Attachment G, Standards for Grantee Financial Management Systems. (2) Local financial management systems shall be auditable in accordance with the General Accounting Office s Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. (3) The state acknowledges its responsibility, through financial audit, for the proper accounting of the Historic Preservation Fund share Management and Budget Circular A-102, Attachment P, Audit Requirements. (4) Certified Local Governments shall adhere to all requirements of the National Park Service s National Register Programs Manual. (A) Indirect costs may be charged as part of a grant to a Certified Local Government only if that government s subgrantee meets the requirements of the National Register Programs Manual. (B) Unless the Certified Local Government has a current indirect cost rate approved by the cognizant federal agency, only direct costs may be claimed. (5) The state and the Certified Local Government shall adhere to all requirements mandated by the United States Congress regarding the use of allocated federal and matching funds for this program. 15 (6) The Texas Historical Commission shall ensure that the funds awarded to any applicant are sufficient to produce a specific impact. The funds must be sufficient to generate effects directly as a result of the grant to the local government. The requirement for producing measurable results may not be waived even if there are many otherwise eligible applicants. (7) The Texas Historical Commission shall make a reasonable effort to distribute these monies among the maximum number of eligible local jurisdictions to the extent that such distribution is consistent with 36CFR61.7 (f) (1). The State shall make a reasonable effort to ensure that there is a reasonable distribution of monies between urban and rural areas, and that no Certified Local Government receives a disproportionate share of allocation. (m) Application procedures for grants. (1) The pre-application form. (A) Certified Local Governments seeking grant assistance must file a signed pre-application form with the Texas Historical Commission, from which blank forms can be obtained, in order to be eligible. (B) A pre-application form should briefly describe the need, the proposed work, probable professionals to be involved, expected costs with matching capabilities, anticipated project duration, and any deadlines and specific schedules the applicant will adhere to. If a grant is awarded, a project proposal for specific work based upon a set time schedule will be required for review and approval prior to project commencement. (C) The deadline for receipt of these completed pre-application forms at the office of the Texas Historical Commission is 16 normally June 1 of each year, but for current deadlines, contact the Certified Local Government office of the Texas Historical Commission. (D) As with other grants allocated through the Texas Historical Commission, these grants must be matched on a 50-50 basis. Since the funding is federal in origin, only nonfederal monies may be used as a match, with the exception of General Revenue Sharing and Community Development Block Grant monies. (E) Funding decisions for the allocation of Certified Local Government monies shall be based upon consideration by the Texas Historical Commission of popular support for the local historic preservation program, the level of historic preservation activity on the part of the local commission, including the designation of local landmarks and the survey of the community s historic resources; as well as other factors deemed appropriate by the Texas Historical Commission. (F) Funds will be allocated to Certified Local Governments on a competitive basis based upon priorities of the State Historic Preservation Officer and the State Historic Preservation Plan. Such priorities may be subject to change based upon changes in federal historic preservation program priorities. Review of applications will focus on but will not be limited to the administration of the local historic preservation program with respect to continued survey activity, evaluation of National Register nominations, and implementation of a local historic preservation plan and landmark designation authority. (G) Announcement of the allocation and award of Certified Local Government Grants will be made by the Texas Historical Commission as early as possible in each fiscal year, but because 17 the actual date of this award is dependent upon federal funding, the date of announcement may vary from year to year. A rigid time schedule for completing projects should therefore, not be proposed. (H) The criteria for evaluation and the final ranking of all pre- applications with their respective allocations from the Commission,will be available upon request. (2) The project proposal. (A) Each grant award is contingent upon submittal of an acceptable project proposal within two months of the date of announcement. Grant awards for projects failing to submit an acceptable project proposal by this deadline will automatically revert to the Texas Historical Commission. (B) The project proposal shall describe in detail what is to be accomplished with the grant award, and shall be submitted for the approval of the Texas Historical Commission prior to project implementation. This proposal is to include: (i) a description of the existing circumstances prompting the need for this grant, (ii) a description of the scope of the proposed work that can be expected to be accomplished, (iii) a listing of project personnel and their professional qualifications, and (iv) a budget summary and a detailed budget breakdown and narrative. A budget narrative is to accompany the proposed budget and explain expenditures by item. -µms Calculations justifying all entries shall be shown, and all sources of matching funds identified. Applicants are to 18 match the amount requested with nonfederal cash funds on a 50-50 basis. (C) Project proposals are to be submitted to the Texas Historical Commission for review and approval as soon as feasible in order to expedite the project and to avoid delays caused by backlogs at the deadline. (3) Meeting with recipients. (A) A meeting at the offices of the Texas Historical Commission will be required for all grant recipients, and will be attended by the local project supervisor and the grant recipient s fiscal officer. The purpose of the meeting is to establish priorities and a timetable for completion, formalize a budget, and draw up reimbursement procedures. (B) A time and a date for the meeting will be arranged following submittal of the project proposal. (C)No project proposals will be reviewed by the Texas Historical Commission after the review deadline. No work should begin prior to receiving, from the Texas Historical Commission, a written approval of the project proposal. No expenses incurred before such approval date are reimbursable. (4) The project contract. A contractual agreement, approved by the office of the Texas attorney general, specifying the approximate scope of work, a timetable for completion, and a list of budgetary concerns will be prepared by the Texas Historical Commission on the basis of the project proposal and consultations with the grant recipient. This contract shall also contain the minimum requirements for Certified Local Governments as outlined in paragraphs (f)(1)- 19 (5) of this section. The agreement shall be signed by the parties involved, including the appropriate legal representatives. (5) Reimbursement procedures. As the grantee chooses, reimbursement may be made as a single lump sum at the completion of the project, or periodically upon receipt of verification of accrued expenditures. In either case the request for reimbursement submitted to the Texas Historical Commission is to contain: (A) a written request for reimbursement listing (i) the number of the request(1st, 2°d, etc.), (ii) the project period covered, (iii)costs previously reported, (iv) costs presently listed, and (B)verification of the claimed expenses and proof of payment in accordance with Federal Management Circular A-87 and Office of Management and Budget Circular A-102, revised. (6) Project review. A periodic review will be made by staff of the Texas Historical Commission to monitor project progress and to assist with difficulties encountered. Additional reviews may be requested by the Texas Historical Commission or the local grantee at any time. Following a review, the contract may be amended by mutual agreement if necessary. Amendments may become necessary if the project is proceeding more rapidly or slowly than anticipated; work may be added to, or deleted from, the contract. (7) Project certification and final report. Twenty-five percent of the money amount of the grant awards will be retained by the Texas Historical Commission and paid to the grantee upon certification of the completed project and receipt of a detailed and documented final report. All material will 20 be reviewed within 21 days of submission to the Texas Historical Commission. (8) Fiscal records. The grant recipient is responsible for maintaining all financial records (receipts, invoices, and timetables) in accordance with Federal Management Circular A-87 and Office of Management and Budget Circular A- 102, revised, for period of three years beyond the project end date. 21 Revised 7/00 22 THC CLG FAQs Q. Once the application to become a CLG is submitted, how long does it take to become certified? The Texas Historical Commission (THC) will respond to the request for certification within sixty (60) days of receipt of an adequately documented request for certification. If approved by the THC, the application is then forwarded to the Secretary of the Interior, who has fifteen (15) working days to respond. If no comment is received, the local government will be considered certified. Q. What must be included in a historic preservation ordinance? At a minimum, a local ordinance must include: \/• A statement of purpose substantially similar to the language in the purpose clause of the state enabling legislation, Chapter 211 of the Texas Local Government Code Sections 211.001, 211.003, 211.005. • A clear delineation of any designated historic district boundaries \• Definitions of appropriate terms used in the ordinance, i.e., alteration, area of influence, ordinary maintenance, etc. OfSpecific membership and duties of the historic district commission N• Mandatory review of exterior alterations and demolitions of designated historic properties \/• Adoption of the Secretary of the Interior's Standards for Rehabilitation to be used by the Commission in reviewing applications for Certificates of Appropriateness Provision for procedural due process including public hearings and public notification. • Specific time frames for reviews and consideration of alternatives • Provisions for noncompliance ` . Who_can be a member of a landmark commission or architectural review board? ` Members of'tca he local commission or board must meet certain qualifications. These ikiclude: V• Having demonstrated interest, competence or knowledge in historic preservation • To the extent available in the community, members should be preservation-related professionals. • Must be residents of the county or municipality for which they serve. Q. What if my community does not have the requisite number of preservation related professionals? \ v In this case, the local government must demonstrate that it has made a reasonable effort to fill these positions with a preservation-related professional. Q. What are the duties of a landmark commission or architectural review board? At a minimum, duties of a local commission or board must include: \• Conducting a continuing survey of cultural resources in the community according to guidelines established by the THC N• Establishing written guidelines for the preservation of structures designated as historic under local or state legislation. Also judging compatibility of requests for permits of alteration or demolition of designated historic properties. The Secretary of the Interior's Standards for Rehabilitation shall be the basic guidelines for review N. Acting in an advisory role to other officials and departments of local government regarding the protection of local cultural resources • Acting as liaison on behalf of the local government to individuals and organizations concerned with historic preservation Working toward the continuing education of citizens within the CLG's jurisdiction regarding historic preservation issues and concerns V • Reviewing all proposed National Registration nominations for properties within the boundaries of the CLG's jurisdiction. e Qc. often must a landmark commissioner or architectural review board meet? 0.5 The THC requires the landmark commission or architectural review board of a CLG community to meet once a month unless no business is at hand. �(oLL. Q. W ct can I, an average citizen, do to help establish a historic district in my area? To begin with, you will need to gain the support of both your elected officials and the citizens of your l potential historic district. Take time to speak to the citizens, hold a public meeting, and explain the /X` advantages of historic districts. Remember, a historic district is established to benefit the public. The public is always welcome at meetings and should be encouraged to attend and participate. Q. What role does a CLG play in the National Register of Historic Places process? One of the minimum duties of a landmark commission is to review all proposed National Registration nominations for properties within the boundaries of the CLG's jurisdiction (CLGs can be administered by a city or county). To which laws must CLGs and landmark commissions or architectural review boards pay specific attention? Of course, all State and Federal laws are applicable, but specific attention must be paid to Texas Open Meetings laws, the Freedom of Information Act, gift laws and, naturally, the local historic district ordinance. Q. What does "Section 106 Review" mean? Section 106 refers to a particular part of the National Historic Preservation Act of 1966 that requires -° every Federal agency to "take into account" how each of its undertakings could affect historic properties. Section 106 Review refers to the federal review process designed to ensure that historic properties are considered during federal project planning. The review process is administered by the Advisory Council on Historic Preservation, an independent agency, in consultation with the State Historic Preservation Officer. The Council must be afforded a reasonable opportunity to comment on such projects. Any project involving federal funds is subject to Section 106 Review. It is important to note that Section 106 Review extends to properties that possess significance and are determined eligible for listing on the National Register, but have not yet been listed. Q. What are preservation tax incentives? Preservation tax incentives are available for any qualified project that the Secretary of the Interior designates as a certified rehabilitation of a certified historic structure. A certified historic structure is any building that is listed individually in the National Register or located in a registered historic district and certified as being of historic significance to the district. A certified rehabilitation is any rehabilitation of a certified historic structure that is certified as being consistent with the historic character of the property and the district in which it is located. Property owners are eligible for a 20 percent tax credit on rehabilitation costs if all criteria are met. To be eligible for tax incentives for rehabilitation, a project must meet the basic tax requirements of the Internal Revenue Codes as well as the certification requirements. Q. What is the Purpose of CLG Grants? The grants are to assist local governments in documenting and promoting the preservation of historic and archaeological sites. Examples of eligible projects include conducting architectural and archaeological surveys, nominating properties to the National Register of Historic Places, printing alking tour booklets, and preparing historic preservation plans. Q. What can CLG grant money be used for? These pass-through grants can be used for local historic preservation projects, including surveys of historic properties/districts, preparation of nominations to the National Register of Historic Places. Other examples of what Texas CLG grant money has been used for include: • Surveys of historic areas within a community to establish National Register historic districts • Cemetery surveys • Educational workshops • Development of design guidelines for use by landmark commissions in their review of new construction and alterations to properties within historic districts • Preparation of local preservation ordinances • Preservation plans for the protection of local historic resources • Walking tour brochures for historic districts and areas Q. What other criteria govern whether a local historic preservation project is eligible for funding? There are two other factors that determine if a project is eligible for funding: • all CLG grants must result in a completed, tangible product and/or measurable result • all must be carried out in accordance with the applicable Secretary of the Interior's Standards for Archeology and Historic Preservation (a copy of the Standards may be obtained from the THC) Q. Who May Apply for the Grants? sties and counties which have been "certified" by the THC and the National Park Service are eligible to k apply for grants. Certification includes enforcing state or local historic preservation legislation and appointing a historic preservation or landmark commission. The THC assists local governments in meeting certification requirements. There are currently over 40 CLGs in Texas. Q. What is the Local Government's Responsibility? ) Local governments are required to match the grant amount on a 50/50 basis with local funds, ( donations, and services. They are also required to maintain adequate financial and administrative records. This is often done by volunteer members of the local historic preservation commission, and some local governments assign a paid employee to assist with the grant management. , y , � awl m� °�« ADMINISTRATION .,anitary or heating facilities or other essential equipment ger to the building occupants or those in the proximity of any required by this code, or because the location of the struc- structure because of explosives,explosive fumes or vapors or ture constitutes a hazard to the occupants of the structure or the presence of toxic fumes,gases or materials,or operation of to the public. defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants 108.1.4 Unlawful structure.An unlawful structure is one to vacate the premises forthwith.The code official shall cause found in whole or in part to be occupied by more persons to be posted at each entrance to such structure a notice reading than permitted under this code, or was erected, altered or occupied contrary to law. as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official."It shall be unlawful for 108.2 Closing of vacant structures.If the structure is vacant any person to enter such structure except for the purpose of and unfit for human habitation and occupancy, and is not in securing the structure, making the required repairs, removing danger of structural collapse,the code official is authorized to the hazardous condition or of demolishing the same. post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance.Upon 109.2 Temporary safeguards. Notwithstanding other provi- ' sions of this code,whenever,in the opinion of the code official, failure of the owner to close up the premises within the time specified in the order,the code official shall cause the premises there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done,including the to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost boarding up of openings,to render such structure temporarily thereof shall be charged against the real estate upon which the safe whether or not the legal procedure herein described has structure is located and shall be a lien upon such real estate and been instituted;and shall cause such other action to be taken as the code official deems necessary to meet such emergency. may be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a 109.3 Closing streets. When necessary for public safety, the structure or equipment under the provisions of this section, code official shall temporarily close structures and close, or notice shall be posted in a conspicuous place in or about the order the authority having jurisdiction to close, sidewalks, structure affected by such notice and served on the owner or the streets, public ways and places adjacent to unsafe structures, person or persons responsible for the structure or equipment in and prohibit the same from being utilized. dance with Section 107.3.If the notice pertains to equip- 109.4 Emergency repairs.For the purposes of this section,the .,it shall also be placed on the condemned equipment.The code official shall employ the necessary labor and materials to notice shall be in the form prescribed in Section 107.2. perform the required work as expeditiously as possible. 108.4 Placarding.Upon failure of the owner or person respon- 109.5 Costs of emergency repairs.Costs incurred in the per- sible to comply with the notice provisions within the time formance of emergency work shall be paid by the jurisdiction. given,the code official shall post on the premises or on defec- The legal counsel of the jurisdiction shall institute appropriate tive equipment a placard bearing the word"Condemned"and a action against the owner of the premises where the unsafe statement of the penalties provided for occupying the premises, structure is or was located for the recovery of such costs. operating the equipment or removing the placard. 109.6 Hearing. Any person ordered to take emergency mea- 108.4.1 Placard removal. The code official shall remove sures shall comply with such order forthwith.Any affected per- the condemnation placard whenever the defect or defects son shall thereafter,upon petition directed to the appeals board, upon which the condemnation and placarding action were be afforded a hearing as described in this code. based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by SECTION 110 this code. DEMOLITION 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as 110.1 General.The code official shall order the owner of any ordered bythe code ofbyith premises upon which is located any structure,which in the code I Any person who shall occupy a official's judgment is so old,dilapidated or has become so out placarded premises or shall operate placarded equipment,and of repair as to be dangerous, unsafe, insanitary or otherwise any owner or any person responsible for the premises who shall unfit for human habitation or occupancy, and such that it is let anyone occupy a placarded premises or operate placarded I unreasonable to repair the structure, to demolish and remove equipment shall be liable for the penalties provided by this code. such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option;or where there has SECTION 109 been a cessation of normal construction of any structure for a EMERGENCY MEASURES period of more than two years, to demolish and remove such structure. 1,...1 Imminent danger.When,in the opinion of the code offs- cial,there is imminent danger of failure or collapse of a build 110.2 Notices and orders.All notices and orders shall comply ing or structure which endangers life,or when any structure or with Section 107. part of a structure has fallen and life is endangered by the occu- 110.3 Failure to comply. If the owner of a premises fails to pation of the structure,or when there is actual or potential dan- comply with a demolition order within the time prescribed,the 4 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1