HomeMy WebLinkAbout2008 Historic Preservation Overlay ProposalCITY 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:
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One member shall represent one of the following fields or professions:
Q J History or
Archaeology
0 One member shall be the owner of one of the following:
10— • 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.
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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
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
Map Amendment of the Unified Development Ordinance) and those criteria outlined above in
"Historic Preservation Overlay District ". The HPO will evaluate if the proposed rezoning
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
City of College Station. The HPO will then give a report to the Landmark Commission at a
scheduled public hearing.
Referral To Landmark Commission
The Historic Preservation Officer, upon receipt of petition to amend the Official Zoning Map
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.
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.
Refe»al 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.
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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
Prrapplication 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 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
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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 b v 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.
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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.
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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.
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