HomeMy WebLinkAboutStaff Comments 011,1111114
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1101 Texas Avenue, PO Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
June 19, 2008
TO: Members of the Planning &Zoning Commission
FROM: Molly Hitchcock, AICP, Planning Administrator
SUBJECT: Historic Preservation Enabling Ordinance
Item summary: Public hearing, presentation, possible action, and discussion on amendments
to Chapter 12, City of College Station Code of Ordinances, Unified Development Ordinance
Article 2 Development Review Bodies, Article 3 Development Procedures, Section 4.1
Establishment of Districts, Article 5 District Purpose Statements and Supplemental Standards,
Article 10 Enforcement, and Section 11.2 Defined Terms as they relate to the creation of a
Landmark Commission and Historic Preservation Overlay District.
Item background: At the direction of City Council, Staff has been working on the creation of a
historic preservation enabling ordinance that is intended to provide for the protection and
preservation of places and areas of historical, cultural, and architectural importance and
significance in College Station. While the City currently collects historic information and
recognizes properties with historical markers, the current program is a social recognition and
does not involve actual regulation of actions that change the property. Through the application
of a Historic Preservation Overlay zoning district, property within a Historic Preservation district
would be subject to higher standards for and greater regulation of construction, reconstruction,
alteration, restoration, and rehabilitation.
A draft enabling ordinance from the Texas Historical Commission, enacted ordinances from
other Texas communities, discussions with the Texas Historical Commission and other
communities, discussions with local stakeholders, and input from the City's consultant, Quimby
McCoy Historic Preservation Architecture, have all contributed to the proposed ordinance for
College Station.
In summary, the Historic Preservation (HP) Overlay draft ordinance provides for the following:
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Typically, a rezoningis considered
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apply a Historic Preservation
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Overlay zoning district would first be considered by the Landmark Commission before going to
the P&Z.
Heightened regulation for properties under the overlay
To ensure the integrity of the historic value of a site, virtually all changes to aproperty or
structure that would be visible from a public right-of-way would be subject to regulation.
Construction, reconstruction, restoration, rehabilitation, and material and color changes would
be subject to the Landmark Commission's consideration of a Certificate of Appropriateness
(COA). Appeals to Commission's decision on a COA would be to City Council.
Any proposed demolition or removal of any structure or portion thereof would have to obtain a
Certificate of Demolition (COD). For a COD to be approved, a property owner would have to
prove that:
1. The structure would be replaced with a new structure that is more appropriate and
compatible with the Historic Preservation Overlay district,
2. No economically viable use of the property exists,
3. The structure poses an imminent threat to public health or safety, and/or
4. The structure is noncontributing to the Historic Preservation Overlay district.
Provisions are also proposed to prevent demolition by neglect of property in the overlay.
Specific penalties for noncompliance
A person that violates the ordinance as it relates to COAs and CODs would be held criminally
responsible for their actions. They would be required to restore or replicate the damage to the
property, and fines collected would be forwarded to a Historic Preservation Fund that would be
used to promote and implement historic preservation measures in the community.
Staff hosted two community meetings on February 13, 2008 to receive input on the proposed
language. The majority of those comments were in general supportfor the ordinance. There
were concerns about the membership of the Landmark Commission that resulted in changes to
the draft. There was also some discussion of having a percentage of homeowners apply for a
larger district, similar to an application for a single-family overlay. Since the Historic
Preservation Overlay could be applied to one or any number of properties and because the
overlay would be the most restrictive in the City, the ordinance draft was left as proposed. If a
property owner does not want to pursue the overlay for his/her property, the rezoning could be
initiated by City Council, the P&Z, or the Administrator.
Attachments:
1. Proposed UDO Section 2.4, Landmark Commission (new UDO section)
2. Redlined UDO Section 2.6 Administrator
3. Redlined UDO Section 2.9 Summary of Review Authority
4. Redlined UDO Section 3.1 General Approval Procedures
5. Redlined UDO Section 3.2 Zoning Map Amendment(Rezoning)
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