HomeMy WebLinkAbout01/24/2011 - Regular Agenda Packet - Landmark CommissionTable of Contents
Agenda ...................................2
November 8, 2010
November 8, 2010 Minutes . . . . . . . . . . . . . . . . . . . . 4
Presentation, possible action, and discussion on the Landmark
Commission Rules of Procedure. (LK)
Draft Rules of Procedure . . . . . . . . . . . . . . . . . . . . . 7
Presentation and discussion on an overview of the Historic
Preservation Enabling Ordinance and the powers and duties of
the Landmark Commission. (LK)
Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Presentation and discussion on the 2010 College Station
Residential Demolition Permit Report. (LK)
Demolition Report . . . . . . . . . . . . . . . . . . . . . . . . . 34
Maps ................................35
1
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1. Call meeting to order.
AGENDA
LANDMARK COMMISSION
Regular Meeting
Monday, January 24, 2011, at 5:00 PM
City Hall
Second Floor Conference Room
1101 Texas Avenue
College Station, Texas
2. Hear Visitors. At this time, the Chairman will open the floor to citizens wishing to
address the Commission on historic preservation issues not already scheduled on today's
agenda. The citizen presentations will be limited to three minutes in order to
accommodate everyone who wishes to address the Commission and to allow adequate
time for completion of the agenda items. The Commission will receive the information,
ask city staff to look into the matter, or will place the matter on a future agenda for
discussion. (A recording is made of the meeting; please give your name and address for
the record).
3. Consideration, discussion, and possible action on Absence Requests from meetings.
4. Consideration, discussion, and possible action to approve Meeting Minutes.
November 8, 2010
5. Presentation and discussion regarding the Landmark Commission Calendar of Upcoming
Meetings.
April 25, 2011, 5 pm City Council Chambers
July 25, 2011, 5 pm City Council Chambers
October 24, 2011, 5 pm City Council Chambers
6. Presentation, possible action, and discussion on the Landmark Commission Rules of
Procedure. (LK)
7. Presentation and discussion on an overview of the Historic Preservation Enabling
Ordinance and the powers and duties of the Landmark Commission (LK).
8. Presentation and discussion on the residential demolition permit report. (LK)
9. Discussion and possible action on future agenda items - A Landmark Commission
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
2
deliberation shall be limited to a proposal to place the subject on an agenda for a
subsequent meeting.
10. Adjourn.
Notice is hereby given that a of the LandMark Commission, College
Station, Texas will be held on the Monday, January 24, 2011 at at the City Hall
Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects
will be discussed, to wit: See Agenda.
Posted this the day of , , at
CITY OF COLLEGE STATION, TEXAS
By
Sherry Mashburn, City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Landmark
Commission of the City of College Station, Texas, is a true and correct copy of said Notice
and that I posted a true and correct copy of said notice on the bulletin board at City Hall,
1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.2ov. The
Agenda and Notice are readily accessible to the general public at all times. Said Notice and
Agenda were posted on , , at and remained so posted continuously for at
least 72 hours preceding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City
Hall on the following date and time: by
Dated this day of ,
CITY OF COLLEGE STATION, TEXAS
By
Subscribed and sworn to before me on this the day of
Notary Public- Brazos County, Texas
My commission expires:
This building is wheelchair accessible. Handicap parking spaces are available. Any
request for sign interpretive service must be made 48 hours before the meeting. To make
arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov.
3
CITE' OF COLLLG]? STATION
Home of Texas A&M University"
MINUTES
LANDMARK COMMISSION
Monday, November 8, 2010, 5:00 p.m.
College Station City Hall
Council Chambers
1101 Texas Avenue
College Station, Texas 77840
Commission Members Present: Chairman Gaines West, Bobby Mirza, William Lancaster,
Joseph Williams, Hillary Jessup, Shawn Carlson, Jerry
Cooper, Steven Schloss and Earl Apgar
Staff Present: Molly Hitchcock, Lindsay Kramer, Lauren Hovde, and
Mandi Alford
Others Present: Bob McGehee, Salllie McGehee, and Mary Lancaster
AGENDA ITEM NO. 1: Call meeting to order.
Chairman Gaines West called the meeting to order at 5:00 p.m.
AGENDA ITEM NO. 2: Hear visitors.
None
AGENDA ITEM NO. 3: Consider absence request
None
AGENDA ITEM NO. 4: Possible action and discussion to approve meeting minutes for
March 22, 2010 and June 28, 2010.
Commissioner Cooper motioned to approve the March 22, 2010 meeting minutes; Commissioner
Williams seconded the motion, which passed unopposed (8-0).
Commissioner Carlson motioned to approve the June 28, 2010 meeting minutes: Commissioner
Williams seconded the motion, which passed unopposed (8-0).
AGENDA ITEM NO. 5: Presentation and discussion regarding the Landmark
Commission Calendar of Upcoming Meetings.
4
Commissioners were in agreement to meet Monday, January 24, 2011 at 5:00 p.m. in Council
Chambers located in City Hall.
During the discussion of agenda item no. 6, Mr. William Lancaster arrived at the meeting.
AGENDA ITEM NO. 6: Presentation, possible action, and discussion of the National
Trust for Historic Preservation 2010 Annual Conference Sessions. (LK and LH)
Senior Planner Kramer and Staff Planner Hovde gave a brief summary on their sessions attended
at the conference, with emphasis on sustainability and "green" historic buildings.
No action taken.
AGENDA ITEM NO. 7: Presentation and discussion of an update on the Oakwood
Neighborhood historic preservation efforts. (LK)
Senior Planner Kramer gave a brief overview on the status of the study stating that the City is
still working with the neighborhood to determine if the neighborhood wishes to pursue a historic
overlay designation.
Senior Planner Kramer gave a brief statement regarding a survey sent out to the Eastgate
Neighborhood asking open-ended questions regarding what is important for a historic district.
Answers to the survey are being categorized into 3 categories: historic preservation,
neighborhood conservation, and other responses.
AGENDA ITEM NO. 8: Discussion and possible action on future agenda items - A
Landmark Commission 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. (LK)
Historic designations for City- owned property
Reports of houses being demolished and rebuilt in the area from Oakwood Subdivision west of
Wellborn and south to Park Place
Rules and Procedures
Overview of the Historic Overlay Ordinance
AGENDA ITEM NO. 9: Adjourn.
Commissioner Williams motioned to adjourn the meeting; Commissioner Schloss seconded the
motion, which passed unopposed (9-0)
APPROVED:
5
Gaines West, Chairman
ATTEST:
Mandi Alford, Staff Assistant
CITY OF COLLEGE ST NI-ION
Planning & Development Services
City of College Station N Landmark Commission
Rules of Procedure
Draft
Article 1. Authority
1.1 Section 2.4.C.4 of the City of College Station Unified Development Ordinance
authorizes the Landmark Commission to adopt its own rules of procedure.
Article 2. Purpose, Powers and Duties
2.1 Purpose
The purpose of the Commission is to exercise the powers authorized by the College
Station City Council under the City of College Station Code of Ordinances and
applicable State statutes regarding historic preservation and related matters.
2.2 Powers and Duties
The Landmark Commission shall have the powers and duties authorized in Article 2,
Development Review Bodies of the Unified Development Ordinance and any other
applicable ordinances or laws to make recommendations regarding proposed historic
preservation overlay zoning, and determine the issuance of Certificates of
Appropriateness and Demolition. The Landmark Commission may also establish
subcommittees as needed.
Article 3. Organization and Officers
3.1 Appointment
The Landmark Commission shall consist of those members appointed by the City
Council in accordance with the UDO, and assigned to Positions 1-7 for the purpose of
recordkeeping. Appointments are made at times as determined by the City Council.
Upon taking the Official Oath of Office given by the City Secretary or designee, the
Commissioners shall attend meetings in an official capacity.
A Chairperson shall be appointed annually by the City Council.
3.2 Membership and Terms
A. Terms
Landmark Commission December 31, 2010
Draft Rules of Procedure 7
Page 1 of 4
Terms of members of the Landmark Commission shall be as provided in the
Unified Development Ordinance. Commissioners with expiring terms seeking
reappointment must formally reapply in writing for consideration. Staff shall
inform Commissioners of term expiration by January 31St of the year in which
their term expires.
B. Term Limits
Terms of office shall be as provided in the Unified Development Ordinance.
E. Alternates
Alternates shall be allowed pursuant to the requirements of the Unified
Development Ordinance. Alternates shall be invited to participate in meetings,
at the discretion of the Chairperson, as voting members whenever there is
any absent Commissioner, even if there is a sufficient quorum. The order of
which alternate is chosen to participate as a voting member shall be rotated
evenly between alternates. If the designated alternate is not able to attend
when a voting position is open, the Chairperson may offer the position to the
next alternate. Alternates may attend all meetings as non-voting members.
D. Vacancies
Vacancies shall be filled as provided in the Unified Development Ordinance.
Article 4. Meetings and Procedures
4.1 Meetings
Members of the Landmark Commission shall meet quarterly as determined by the
Chairman. All meetings of the Commission where a quorum is present shall be open
to the public. Special meetings or workshops of the Landmark Commission may be
called by the Chair or upon request of a majority of the Commission to the chair.
4.2 Quorum
A quorum is a majority of the number of members of the Commission. Four (4)
members shall constitute a quorum for the transaction of any business. Any
recommendation advanced to the Planning and Zoning Commission and the City
Council without a majority of positive votes from those members present shall be
deemed a negative report. No business shall be conducted or action taken without a
quorum of the Commission present.
4.3 Absences
In accordance with College Station Ordinance No. 2406, Commissioners shall submit
an absence request to the staff liaison.
4.4 Conflict-of-Interest
The conflict-of-interest laws require that a member file an affidavit and abstain from
participating in, and voting on, items in which a member has a substantial interest.
Members of the Commission should refer to SECTIONS 114, 115, AND 116 OF THE
COLLEGE STATION CITY CHARTER, CHAPTERS 171 ET SEQ. AND 212.017 OF THE
TEXAS LOCAL GOVERNMENT CODE to determine whether the member may have a
conflict of interest. Additionally, a member is encouraged to contact the
Landmark Commission December 31, 2010 Page 2 of 4
Draft Rules of Procedure 8
Administrator, being the Planning and Development Services Director or designee,
and/or the City Attorney prior to the meeting at which the item will be considered by
the Commission.
4.5 Order of Business
The order of business shall generally be conducted as follows:
A. Regular Meeting
Hear Citizens.
Recognition of Affidavits of Conflict-of-Interest.
Regular Agenda Items.
Discussion and possible action on future agenda items.
Adjourn.
C. Order of Presentation
Generally, regular items on the agenda shall adhere to the following
sequence, unless modified as necessary by the Chair:
Public Hearing Items:
0 Presentation of staff report
0 Questions of staff by the Commission
0 Open Public Hearing
0 Applicant invited to address the Commission
0 Public invited to address the Commission
0 Close Public Hearing
0 Discussion and Action by the Commission
Non-Public Hearing Items:
0 Presentation of staff report
0 Questions of staff by the Commission
0 Applicant invited to address the Commission at the discretion of the Chair
0 Discussion and Action by the Commission
4.6 Rules of Order
The Commission shall adopt Robert's Rules of Order for the conduct of its meetings.
4.7 Minutes
The Landmark Commission shall keep minutes of its proceedings, showing the vote
of each member upon each question, or, if absent or failing to vote, indicating that
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. Minutes shall be signed by the Chairman after the Commission approves
them.
4.8 Staff
The Administrator shall provide staff, as needed, to the Landmark Commission.
4.9 City Attorney
Landmark Commission December 31, 2010 Page 3 of 4
Draft Rules of Procedure 9
The City Attorney is the legal advisor and attorney for the City and all offices and
departments. The Administrator shall consult and cooperate with the City Attorney
on legal issues pertaining to historic preservation matters. The City Attorney or
his/her designee may attend Landmark Commission meetings as necessary.
Article S. Continuing Education
5.1 Continuing Education
As citizen volunteers appointed to the Landmark Commission, Commissioners are
encouraged to attend training and continuing education opportunities, as provided by
the City of College Station, the Texas Historical Commission, or other professional
organizations.
5.2 Annual Training
Orientation will occur on an annual basis to train new members of the Landmark
Commission. This orientation will include review of the Rules of Procedure and the
City's ordinances pertaining to historic preservation.
Article 6. Amendments
6.1 Amendments
The Commission may amend the Rules of Procedure at its discretion by a majority
vote of the Commission.
6.2 Conflict
In the case of any conflict between any Ordinance or applicable law and these Rules,
the Ordinance or applicable law shall take precedence.
PASSED, ADOPTED and APPROVED this _ day of 2011.
APPROVED:
Chair, Landmark Commission
ATTEST:
Sherry Mashburn, City Secretary
Landmark Commission December 31, 2010 Page 4 of 4
Draft Rules of Procedure 10
Article 2. Development Review Bodies
Section 2.4 Landmark Commission
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
2-5
Unified Development Ordinance 19{'20/10 City of College Station, Texas
Article 2. Development Review Bodies
Section 2.4 Landmark Commission
may appoint citizens-at-large that have demonstrated interest in historic preservation
to fill such places.
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
2-6
Unified Development Ordinance 19220/10 City of College Station, Texas
Article 2. Development Review Bodies
Section 2.4 Landmark Commission
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
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.
2. 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.
3. 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 1~320/10 City of College Station, Texas
Article 2. Development Review Bodies
Section 2.9 Summary of Review Authority
2.10 Summary of Review Authority
The following table summarizes the authority of the various review bodies and staff.
PROCEDURE Dev.
Council Comm. Bd. of Adj. Rev. Bd. Comm. &Grnwy Admin. Official Engr.
CITY COUNCIL (CC)
Oversize Participation
D
R
Development Agreement
D
RR
R
Conditional Use permit
D
R
RR
Zoning Map Amendment
D
R
RR
Zoning Map Amendment (HP)
D
R
RR
PDD / P-MUD Concept Plan
D
R
RR
Text Amendment
D
R
R
RR
Comp. Plan Amendment
D
R
R
RR
Impact Fee / CIP Priorities
D
R
R
PLANNING & ZONING COMMIS
P&Z
SION
Zoning Map Amendment (HP)
Master Plans
R
D
R
RR
RR
R
Preliminary Plat
D
RR
R
Final Plat
D
RR
R
Development Plat
D
RR
R
Waiver of Subdivision Standard
D
RR
R
ZONING BOARD OF ADJUSTME
ZBA
NT
Variance
D
RR
RR
RR
Administrative Appeal
D
R
Zoning Map Interpretation
D
R
2-15
Unified Development Ordinance 09/20/1)4 City of College Station, Texas
Article 2. Development Review Bodies
2.10 Summary of Review Authority (cont.)
The following table summarizes the authority of the various review bodies and staff.
PROCEDURE Dev.
&Grnwy Admin. Building
Council Comm.
Bd. of Adj. Rev. Bd. Comm. Official Engr
-
DESIGN REVIEW BOARD (DRB)
WPC District Site Plan
A
D
R
WPC District Building/Sign Review
A
D
R
WPC Parking Waivers
A
D
R
NG Waivers
D
R
Non-Residential Arch. Stand. Waiver
D
RR
Gateway Grants
A
D
RR
LANDMARK COMMISSION (LC)
Certificates of Appropriateness
A
D
RR
Certificates of Demolition
A
D
RR
ADMINISTRATOR
Interpretation
A**
A
D
Sign Permit
A
D
Site Plan
A
A*
D
Administrative Adjustment
A
D
WPC District Building or Sign, Minor
A
D
Minor or Amending Plat
A
D
R
PD Concept Plan Minor Amend.
A
D
Certificate of Appropriateness,
Routine
A
D
NG Roof Color Palette Amendment
A
D
Alternative Parking Plans
A
D
R
BUILDING OFFICIAL (BO)
Building Permit
D
Certificate of Occupancy
R D
Certificate of Completion
R D
R
DEVELOPMENT ENGINEER (DE)
Development Permit
D
Driveway Application
A
D
Alternative Const. Material
A
D
*Section 3.5.E. Site Plan Review Criteria and 3.6.E. Wolf Pen Creek Design District General Site Plan Review Criteria only.
**Subdivision Regs. only. KEY: A=Appeal R=Recommend D=Final Action/Decision RR=Review/Report
Per Ordinance No. 3110 (September 11, 2008)
Per Ordinance No. 3265 (August 12, 2010)
2-16
Unified Development Ordinance 09/20/11D5 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.1 General Approval Procedures
G. Simultaneous Processing of Applications
Two or more forms of review and approval are typically required in the development
process. Development proposals that require applications for Zoning Map Amendments
(Rezoning) are required to be acted upon by the City Council before plat and other
development applications will be accepted for review by the City. In addition, Preliminary
Plats are to be acted upon by the Planning & Zoning Commission before a subsequent Final
Plat is considered. Other applications for development approvals may, at the option of the
Administrator, be processed simultaneously, so long as the approval procedures for each
individual application can be completed pursuant to the requirements of this UDO. Such
processing shall occur at the applicant's own risk.
H. Dormant Projects
1. Any individual permit, authorization or approval required in this UDO expires twenty-
four (24) months from the date of making complete application for same or from the
date vesting occurs pursuant to Chapter 245 Texas Local Government Code if no
progress has been made towards completion of the project or if the expiration date is
not otherwise extended pursuant to the terms of this UDO.
2. For projects requiring more than one permit, authorization or approval, there shall be
an expiration date of five (5) years from the date the first complete application is filed
for the project or from the date vesting occurs pursuant to Chapter 245 Texas Local
Government Code if no progress is made towards completion of the project or if the
expiration date is not otherwise extended pursuant to the terms of this UDO.
3. For purposes of this Section, progress towards completion of the project is as defined
by Chapter 245 Texas Local Government CODE.
I. Appeals
An appeal of any final decision shall be filed with the appropriate entity within thirty (30)
days. If no appeal is filed within thirty (30) days, the decision shall be final.
3.2 Zoning Map Amendment (Rezoning)
Preapplication
Conference
A. Purpose
To establish and maintain sound, stable, and desirable development
within the territorial limits of the City, the Official Zoning Map may be Application
amended based upon changed or changing conditions in a particular Submittal
area or in the City generally, or to rezone an area or extend the
boundary of an existing zoning district. All amendments shall be in
accordance with the Comprehensive Plan as may, from time to time,
be amended. Planning a
Zoning
Commission
B. Initiation of Amendments
An amendment to the Official Zoning Map may be initiated by:
1. City Council on its own motion;
City
2. The Planning and Zoning Commission; council
3. The Administrator; or
4. The property owner(s).
C. Amendment Application
Review
A complete application for a zoning map amendment shall be submitted to the Administrator
as set forth in the General Approval Procedures Section in Article 3 of this UDO and herein.
3-4
Unified Development Ordinance 0912&/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.2 Zoning Map Amendment (Rezoning)
As applicable, applicants shall submit the information, documents, and materials set forth in
the Traffic Impact Analyses Section in Article 7 of this UDO.
1. Application requests for a Planned Development District (PDD) and Planned Mixed-Use
District (P-MUD) shall provide the following additional information:
a. A written statement of the purpose and intent of the proposed development;
b. A list and explanation of the potential land uses permitted; and
c. A concept plan as described in Concept Plan Review Section in Article 3 of this
UDO.
2. Application requests for a Neighborhood Prevailing Overlay District (NPO) shall provide
the following additional information:
a. An original plat of the subdivision; and
b. A petition including dated signatures by fifty percent plus one (50% + 1) of
current property owners in the neighborhood in support of the overlay; and
c. Contact information for all Neighborhood Association or Homeowners Association
committee members.
3. Application requests for a Neighborhood Conservation Overlay District (NCO) shall
provide the following additional information:
a. An original plat of the subdivision;
b. A petition including dated signatures by fifty percent plus one (50% + 1) of the
property owners in the neighborhood in support of the overlay;
C. Contact information for all Neighborhood Association or Homeowners Association
committee members;
d. A list of six (6) property owners in the neighborhood to serve on neighborhood
stakeholder committee; and
e. A checklist of the proposed items to be included in the Conservation Study.
4. Application request for a Historic Preservation Overlay District shall provide the
following additional information:
a. An inventory and survey of structures to be included in the rezoning, submitted
on a form provided by the Historic Preservation Officer;
b. A current photograph of each property included in the rezoning, and its
improvements;
C. Historical photographs, where available; and
d. A completed Designation Report. Upon initiation of the historic designation
procedure, the Historic Preservation Officer shall coordinate research to compile
a written report regarding the historical, cultural, and architectural significance
of the place or area proposed for historic designation at the request of the
applicant, but the rezoning application will not be considered complete until the
report has been completed. A Designation Report shall include a statement on
each of the following to the extent that they apply:
1) A listing of the architectural, archaeological, paleontological, cultural,
economic, social, ethnic, political, or historical characteristics upon which
the nomination is based;
2) A description of the historical, cultural and architectural significance of the
structures and sites;
3) Identification of contributing and noncontributing resources to the
proposed district; and
4) A description of the boundaries of the proposed Historic Preservation
Overlay District, including subareas and areas where new construction will
be prohibited.
Per Ordinance No. 3110 (September 11, 2008)
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Unified Development Ordinance 09AZZ/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.2 Zoning Map Amendment (Rezoning)
D. Approval Process
1. Preapplication Conference
Prior to the submission of an application for a Zoning Map Amendment, applicants are
encouraged to schedule and attend an optional preapplication conference in
accordance with and for the purposes as set forth elsewhere in this UDO for
preapplication conferences.
If the Administrator determines that the map amendment request is not in conformity
with the Comprehensive Plan, he shall not accept the application for the map
amendment, and no further processing shall occur until the map amendment is in
conformity.
2. Required Meetings
a. Neighborhood Meeting
Prior to the submission of an application for a Zoning Map Amendment for a NPO
or NCO Overlay Rezoning, all potential applicants shall request to set up a
Neighborhood Meeting with City Staff.
b. Historic Preservation Officer
Prior to the submission of an application for a Zoning Map Amendment for a
Historic Preservation Overlay District rezoning, all potential applicants shall
request a Neighborhood Meeting with the Historic Preservation Officer. The
purpose of the meeting is to present information about the proposed overlay and
explain the process of rezoning to the neighborhood.
Per Ordinance No. 3110 (September 11, 2008)
3. Review and Report by Administrator
With the exception of applications for Historic Preservation Overlay Districts, once the
application is complete, the Administrator shall review the proposed amendment to the
Official Zoning Map in light of the Comprehensive Plan, subject to the criteria
enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning
Commission on the date of the scheduled public hearing.
Per Ordinance No. 3110 (September 11, 2008)
4. Review and Report by Historic Preservation Officer
An application for a Historic Preservation Overlay District rezoning shall be reviewed
by the Historic Preservation Officer, who shall review the proposed amendment in light
of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning
Districts, and the Historic Preservation Overlay District Section in Article 5, and give a
report to the Landmark Commission on the date of the scheduled public hearing.
Per Ordinance No. 3110 (September 11, 2008)
5. Referral To Landmark Commission
The Historic Preservation Officer, upon receipt of an application to amend the Official
Zoning Map to a 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.
Per Ordinance No. 3110 (September 11, 2008)
6. Recommendation by Landmark Commission
The Landmark Commission shall publish, post, and mail public notice in accordance
with the General Approval Procedures Section in Article 3 of this UDO. The Landmark
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Unified Development Ordinance 0912B/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.2 Zoning Map Amendment (Rezoning)
Commission shall hold a public hearing and make a recommendation to the Planning
and Zoning Commission.
Per Ordinance No. 3110 (September 11, 2008)
7. Referral To Planning and Zoning Commission
With the exception of applications for Historic Preservation Overlay Districts, the
Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer
the same to the Commission for study, hearing, and report. For an application to
amend the Official Zoning Map to a 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.
Per Ordinance No. 3110 (September 11, 2008)
8. Recommendation by Planning and Zoning Commission
The Planning and Zoning Commission shall publish, post, and mail public notice in
accordance with the General Approval Procedures Section in Article 3 of this UDO. The
Commission shall hold a public hearing and recommend to the City Council such action
as the Commission deems proper.
9. City Council Action
a. Notice
The City Council shall publish, post, and mail public notice in accordance with
the General Approval Procedures Section in Article 3 of this UDO, and hold a
public hearing before taking final action on an application to amend the Official
Zoning Map.
Per Ordinance No. 3110 (September 11, 2008)
b. Public Hearing
The City Council shall hold a public hearing and approve, approve with
modifications, or disapprove the application to amend the Official Zoning Map.
C. Effect of Protest to Proposed Amendment
If a proposed change to this UDO or rezoning is protested in accordance with
Chapter 211 of the TExas LOCAL GOVERNMENT CODE, the proposed change must
receive, in order to take effect, the affirmative vote of at least three-fourths of
all members of the City Council. The protest must be written and signed by the
owners of at least twenty percent (20%) of either the area of lots covered by the
proposed change, or of the area of the lots or land immediately adjoining the
area covered by the proposed change and extending two hundred feet (200')
from that area.
d. Review Criteria
In determining whether to approve, approve with modifications, or disapprove
the proposed Official Zoning Map amendment, the City Council shall consider the
following matters regarding the proposed amendment:
1) Consistency with the Comprehensive Plan;
2) Compatibility with the present zoning and conforming uses of nearby
property and with the character of the neighborhood;
3) Suitability of the property affected by the amendment for uses permitted
by the district that would be made applicable by the proposed
amendment;
4) Suitability of the property affected by the amendment for uses permitted
by the district applicable to the property at the time of the proposed
amendment;
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Unified Development Ordinance 09129/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.2 Zoning Map Amendment (Rezoning)
5) Marketability of the property affected by the amendment for uses
permitted by the district applicable to the property at the time of the
proposed amendment; and
6) Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use.
7) In addition, for proposed amendments to Historic Preservation Overlay
Districts, the City Council shall consider if the proposed amendment
contains property(ies) and an environmental setting which meets two or
more of the criteria for designation of a Historic Preservation Overlay
District as described in the Historic Preservation Overlay District Section in
Article 5 of this UDO.
Per Ordinance No. 3110 (September 11, 2008)
e. 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, Texas, 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.
Per Ordinance No. 3110 (September 11, 2008)
E. Limitation on Reapplication
If an application for rezoning is denied by the City Council, another application for
reclassification of the same property or any portion thereof shall not be considered within a
period of one-hundred and eighty (180) days from the date of denial, unless the Planning
and Zoning Commission finds that one of the following factors are applicable:
Per Ordinance No. 3110 (September 11, 2008)
1. There is a substantial change in circumstances relevant to the issues and/or facts
considered during review of the application that might reasonably affect the decision-
making body's application of the relevant review standards to the development
proposed in the application;
2. New or additional information is available that was not available at the time of the
review that might reasonably affect the decision-making body's application of the
relevant review standards to the development proposed;
3. A new application is proposed to be submitted that is materially different from the
prior application (e.g., proposes new uses or a substantial decrease in proposed
densities and intensities); or
4. The final decision on the application was based on a material mistake of fact.
F. Repeal of a Single-Family Overlay District
A repeal of a single-family overlay district may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. By petition of fifty percent plus one (50% + 1) of the property owner(s) in the subject
district.
A repeal of a single-family overlay district is considered a rezoning and is subject to the
Zoning Map Amendment requirements herein.
3-8
Unified Development Ordinance 09W/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.8 Development Permit
5. Notification of Decision
a. The applicant shall be notified in writing of the action prescribed above. If the
development permit has been disapproved, the specific reasons for disapproval
shall be indicated in the notification. If additional information is required of the
applicant, the specific requirements shall be indicated in the notification. A final
determination of the approval or disapproval of the development permit,
considering the additional information, shall be made and written notification to
the applicant given within ten working days after acceptance of the complete
application.
b. Any proposal which includes areas of special flood hazard within the following
special drainage areas shall receive written notice of approval or disapproval of
the development permit from the Development Engineer within sixty (60)
working days after receipt of the proposal:
1) The entirety of Carter's Creek;
2) The main channel of Lick Creek;
3) Wolf Pen Creek from the Earl Rudder Freeway to the confluence with
Carter's Creek; and
4) The Brazos River.
3.9 Certificate of Appropriateness
A. Applicability
1. Prior to any construction, reconstruction, alteration,
Application
restoration, or rehabilitation of any structure or any property
Submittal
within a Historic Preservation Overlay District, or any
material change in the light fixtures, signs, sidewalks, fences,
Staff
Review
steps, paving, or other exterior elements visible from a public
right-of-way that affects the appearance and cohesiveness of
Completeness
any structure or any property within a Historic Preservation
Review
Overlay District, an applicant must obtain a Certificate of
Appropriateness in accordance with this Section.
2. No building permit shall be issued for proposed work within a
Historic Preservation Overlay District until a Certificate of
Landmark
Appropriateness has first been issued as required by the
Commission
UDO. 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.
B. Application Requirements
A complete application for a Certificate of Appropriateness shall be submitted to the
Administrator as set forth in the General Approval Procedures Section in Article 3 of this
UDO. The application 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 showing landscaping features and vegetation species, sizes, and
locations;
4. Landscape protection plans;
5. Location and photographs of the property and adjacent properties;
6. Elevation drawings of the proposed changes, if available;
7. Samples of materials to be used;
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Unified Development Ordinance 092M/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.9 Certificate of Appropriateness
8. Specifications for architectural features and materials; and
9. Any other information that the Landmark Commission or Historic Preservation Officer
may deem necessary in order to visualize proposed work.
C. Certificate of Appropriateness Approval Process
Certificate of Appropriateness applications shall be processed in accordance with the
following requirements:
1. 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 preapplication conference is to respond to any questions that the
applicant may have regarding any application procedures, standards, or regulations
required by this UDO; however, the preapplication conference does not fulfill the
requirements for formal review or submittal as set forth in this UDO.
2. Review and Report by the Historic Preservation Officer
Upon receipt of an application for a Certificate of Appropriateness, the Historic
Preservation Officer shall determine whether the application is to be reviewed under
the Standard Certificate of Appropriateness Review Procedure or the Routine
Maintenance Work Procedure. If the application is to be reviewed under the Standard
Certificate of Appropriateness Review Procedure, the following applies. If the
application is to be reviewed under the Routine Maintenance Work Procedure, the
procedure in subsection E. below will apply.
Under the Standard Certificate of Appropriateness Review Procedure, the Historic
Preservation Officer will review the application to determine if the proposed plan is
consistent with all applicable provisions of this UDO and the City's Comprehensive
Plan. The Historic Preservation Officer will forward his report on the application to the
Landmark Commission with a recommendation for approval, denial or conditional
approval.
3. Review by the Landmark Commission
The Landmark Commission shall review the application 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 specified date when the specified information may
be provided. Notice shall be provided by publication of the agenda of the meeting.
4. Final Action by the Landmark Commission
If the application is determined to be consistent with all applicable provisions of this
UDO, including the applicable district provisions of the Historic Preservation Overlay
District Section in Article 5 of this UDO and the review criteria below, the Landmark
Commission shall approve the plan. A determination that all requirements and
provisions have not been satisfied shall result in disapproval of the plan.
D. Criteria for Approval of a Certificate of Appropriateness
The Landmark Commission shall approve a Certificate of Appropriateness if it finds:
1. For Contributing Resources
a. The proposed work is consistent with The Secretary of the Interior's Standards
for Rehabilitation, The Secretary of the Interior's Guidelines for Rehabilitating
Historic Buildings, Preservation Briefs, and all related interpretative documents
published by the US Department of Interior;
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Unified Development Ordinance 0922/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.9 Certificate of Appropriateness
b. The proposed work will not have an adverse effect on the architectural features
of the structure;
C. The proposed work will not have an adverse effect on the Historic Preservation
Overlay district; and
d. The proposed work will not have an adverse effect on the future preservation,
maintenance, and use of the structure or the Historic Preservation Overlay
District.
2. For Non-Contributing Resources
The proposed work is compatible with the Historic Preservation Overlay District.
E. Certificate of Appropriateness Routine Maintenance Work Review Procedure
1. If, upon review of an application for a Certificate of Appropriateness, the Historic
Preservation Officer determines that an applicant is seeking a Certificate of
Appropriateness to authorize only routine maintenance work, the Historic Preservation
Officer shall review the Certificate of Appropriateness application to determine whether
the proposed work complies with the regulations contained in this Section and
approve, approve with conditions, or deny the application. The Historic Preservation
Officer may also forward the application to the Landmark Commission for any reason.
2. Routine Maintenance Work on a property is considered to be:
a. The installation of a chimney located on an accessory building, or on the rear
fifty percent (50%) of a main building and not part of a corner side fagade;
b. The installation of an awning located on an accessory building, or on the rear
fagade of a primary structure;
C. The installation of a wood or chain link fence that is not painted or stained;
d. The installation of gutters and downspouts of a color that matches or
compliments the dominant trim or roof color;
e. The installation of skylights and solar panels;
f. The installation of storm windows and doors;
g. The restoration of original architectural elements;
3. The applicant may appeal the Historic Preservation Officer's decision by submitting to
the Historic Preservation Officer a written request for appeal within ten (10) calendar
days of the decision. Upon the written request for appeal, the Landmark Commission
will review the application under the Standard Certificate of Appropriateness Review
Procedure.
F. 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 from the date of approval
of the application. The Historic Preservation Officer may authorize a single extension of a
Certification 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 from the date of approval of
the application, the Historic Preservation Officer may authorize a single extension of a
Certification of Appropriateness up to six (6) months upon demonstration of the lack of
changed or changing conditions in the area. A Certification of Appropriateness shall be valid
as long as there is a valid building permit.
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Unified Development Ordinance 09223 /10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.9 Certificate of Appropriateness
G. Appeals
An applicant for a Certification of Appropriateness dissatisfied with the action of the
Landmark Commission related to the issuance or denial of a Certification of Appropriateness
shall have the right to appeal to the City Council within ten (10) calendar days after the date
of such action. In considering an appeal, the City Council shall consider the same standards
and evidence that the Landmark Commission was required to consider in making the
decision.
H. Limitation on Reapplication
If a final decision is reached denying a Certificate of Appropriateness, no further applications
may be considered for the subject matter of the denied Certificate of Appropriateness for
one (1) year from the date of the final decision unless the Landmark Commission waives the
time limitation because the Landmark Commission finds that there are changed
circumstances sufficient to warrant a new hearing.
I. Revocation
The Historic Preservation Officer may, in writing, revoke a Certificate of Appropriateness if:
1. The Certificate of Appropriateness was issued on the basis of incorrect information
supplied by the applicant, or
2. The work is not performed in accordance with the Certificate of Appropriateness.
J. Amendment to a Certificate of Appropriateness
A Certificate of Appropriateness may be amended by submitting a new Certificate of
Appropriateness application to the Historic Preservation Officer. The application shall then
be subject to either the Standard Certificate of Appropriateness Review Procedure or the
Routine Maintenance Work Procedure.
K. Ordinary Maintenance
Other than the Routine Maintenance Work listed above, a Certificate of Appropriateness shall
not be required for the ordinary maintenance and repair of any exterior architectural feature
of a property within a Historic Preservation Overlay District which does not involve a change
in design, material, or outward appearance such as:
1. The replacement of a roof of the same or an original material that does not include a
change in color;
2. The application of paint that is the same as the existing;
3. Minor repair using the same material and design as the original;
4. The repair of sidewalks and driveways using the same type and color of materials;
5. The process of cleaning (including but not limited to low-pressure water blasting and
stripping, but excluding sandblasting and high-pressure water blasting); and
6. The painting, replacing, duplicating, or stabilizing deteriorated or damaged non-
original architectural features (including but not limited to roofing, windows, columns,
and siding) in order to maintain the structure and to slow deterioration.
L. Temporary Emergency Repairs
If the Building Official determines that a building or structure in a Historic Preservation
Overlay District poses an immediate threat to persons or property, the Building Official may
take any action authorized under the CITY OF COLLEGE STATION CODE OF ORDINANCES to make the
building or structure safe without the requirement of a Certification of Appropriateness. The
Building Official shall send a written report of such actions to the Landmark Commission.
Per Ordinance No. 3110 (September 11, 2008)
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Unified Development Ordinance 0924/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.10 Certificate of Demolition
3.10 Certificate of Demolition
A. Applicability
1. Prior to any demolition or removal of any structure or portion
Application
thereof on any property within a Historic Preservation Overlay
Submittal
District, an applicant must obtain a Certificate of Demolition in
accordance with this Section.
staff
Review
2. No building permit shall be issued for proposed work within a
Completeness
Historic Preservation Overlay District until a Certificate of
Review
Demolition required by the UDO has first been issued by the
Landmark Commission. The Certificate of Demolition shall be in
addition to, and not in lieu of, any building permit that may be
Economic Review
required by any other ordinance of the City of College Station.
Panel (when
necessary)
3. No permit for the demolition of a structure or property within a
Historic Preservation Overlay District, including secondary
buildings and landscape features, shall be granted by the Building
Official without the review of a completed application for and
approval of a Certificate of Demolition by the Landmark
Commission.
Landmark
Commission
B. Application Requirements
A property owner seeking demolition or removal of a structure,
including secondary buildings and landscape features, on a property in
a Historic Preservation Overlay District shall submit a complete
application for a Certificate of Demolition to the Administrator as set forth in the General
Approval Procedures Section in Article 3 of this UDO. The application shall include:
1. An affidavit in which the owner swears or affirms that all information submitted in the
application is true and correct.
2. An indication that the demolition or removal is sought for one or more of the following
reasons:
a. To replace the structure with a new structure that is more appropriate and
compatible with the Historic Preservation Overlay District;
b. No economically viable use of the property exists;
C. The structure poses an imminent threat to public health or safety; or
d. The structure is noncontributing to the Historic Preservation Overlay District
because it is newer than the period of historic significance.
3. An application "To replace the structure with a new structure that is more appropriate
and compatible with the Historic Preservation Overlay District" shall also include:
a. Records depicting the original construction of the structure, including drawings,
pictures, or written descriptions where available;
b. Records depicting the current condition of the structure, including drawings,
pictures, or written descriptions;
C. Any conditions proposed to be placed voluntarily on the new structure that
would mitigate the loss of the structure;
d. Complete architectural drawings of the new structure; and
e. A guarantee agreement between the owner and the City that demonstrates the
owner's intent and financial ability to construct the new structure. The
guarantee must:
1) Contain a statement of intent to construct the proposed structure by a
specific date in accordance with architectural drawings approved by the
City through the Certificate of Appropriateness process;
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Unified Development Ordinance 09229 /10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.10 Certificate of Demolition
2)
Require the owner or construction contractor to post a performance and
payment bond, letter of credit, escrow agreement, cash deposit, or other
arrangement acceptable to the Administrator to ensure construction of the
new structure; and
3)
Be approved as to form by the City Attorney.
4. An application that "No economically viable use of the property exists" shall also
include:
a. The
past and current uses of the structure and property;
b. The
name of the owner.
1)
If the owner is a legal entity, the type of entity and states in which it is
registered.
2)
The date and price of purchase or other acquisition of the structure and
property, and the party from whom acquired, and the owner's current
basis in the property.
3)
The relationship, if any, between the owner and the party from whom the
structure and property were acquired. (If one or both parties to the
transaction were legal entities, any relationships between the officers and
the board of directors of the entities must be specified.);
4)
The assessed value of the structure and property according to the two
most recent tax assessments;
5)
The amount of real estate taxes on the structure and property for the
previous two (2) years;
6)
The current fair market value of the structure and property as determined
by an independent licensed appraiser;
7)
All appraisals obtained by the owner and prospective purchasers within the
previous two (2) years in connection with the potential or actual purchase,
financing, or ownership of the structure and property;
8)
All listings of the structure and property for sale or rent within the previous
two (2) years, prices asked, and offers received;
9)
A profit and loss statement for the property and structure containing the
annual gross income for the previous two (2) years; itemized expenses
(including operating and maintenance costs) for the previous two (2)
years, including proof that adequate and competent management
procedures were followed; the annual cash flow for the previous two (2)
years; and proof that the owner has made reasonable efforts to obtain a
reasonable rate of return on the owner's investment and labor;
10) A mortgage history of the property during the previous five (5) years,
including the principal balances and interest rates on the mortgages and
the annual debt services on the structure and property;
11) All capital expenditures during the current ownership;
12) Records depicting the current conditions of the structure and property,
including drawings, pictures, or written descriptions;
13) A study of restoration of the structure or property, performed by a licensed
architect, engineer or financial analyst, analyzing the physical feasibility
(including architectural and engineering analyses) and financial feasibility
(including pro forma profit and loss statements for a ten (10) year period,
taking into consideration redevelopment options and all incentives
available) of adaptive use of restoration of the structure and property;
14) Any consideration given by the owner to profitable adaptive uses for the
structure and property;
15) Construction plans for any proposed development or adaptive reuse,
including site plans, floor plans, and elevations;
16) Any conditions proposed to be placed voluntarily on new development that
would mitigate the loss of the structure; and
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Unified Development Ordinance 0926/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.10 Certificate of Demolition
17) Any other evidence that shows that the affirmative obligation to maintain
the structure or property makes it impossible to realize a reasonable rate
of return.
5. An application to demolish or remove a structure that "Poses an imminent threat to
public health or safety" shall also include:
a. Records depicting the current condition of the structure, including drawings,
pictures, or written descriptions;
b. A study regarding the nature, imminence, and severity of the threat, as
performed by a licensed architect or engineer; and
c. A study regarding both the cost of restoration of the structure and the feasibility
(including architectural and engineering analyses) of restoration of the structure,
as performed by a licensed architect or engineer.
6. An application to demolish or remove a structure that is "Noncontributing to the
Historic Preservation Overlay District because the structure is newer than the period of
historic significance" shall also provide:
a. Documentation that the structure is noncontributing to the Historic Preservation
Overlay District;
b. Documentation of the age of the structure; and
c. A statement of the purpose of the demolition.
7. Any other evidence the property owner wishes to submit in support of the application.
8. Any other evidence requested by the Landmark Commission or the Historic
Preservation Officer.
C. Certificate of Demolition Approval Process
Certificate of Demolition applications shall be processed in accordance with the following
requirements:
1. Preapplication Conference
Prior to the submission of an application for Certificate of Demolition, all potential
applicants may request a preapplication conference with the Administrator. The
purpose of the preapplication conference is to respond to any questions that the
applicant may have regarding any application procedures, standards, or regulations
required by this UDO; however, the preapplication conference does not fulfill the
requirements for formal review or submittal as set forth in this UDO.
2. Application
When a complete application for a Certificate of Demolition has been submitted to the
City, the application will begin a mandatory sixty (60) day stay of demolition. The
Certificate of Demolition approval process will continue concurrently with the stay of
demolition, but the Landmark Commission shall not take final action before the stay of
demolition has expired.
3. Review and Report by the Historic Preservation Officer
If the application is determined to be consistent with all applicable provisions of this
UDO and the City's Comprehensive Plan, or if the application is recommended for
denial or conditional approval, the Historic Preservation Officer shall report such
consistency, inconsistency, or proposed conditions to the Landmark Commission.
4. Review by an Economic Review Panel
For an application that "No economically viable use of the property exists", within
thirty-five (35) days after appointment of the Economic Review Panel as provided in
the Landmark Commission Section of Article 2 of this UDO shall review the submitted
documentation; hold a public hearing; consider all options for renovation, adaptive
reuse, and redevelopment; and forward a written recommendation to the Landmark
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Unified Development Ordinance 09aT110 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.10 Certificate of Demolition
Commission. The Historic Preservation Officer shall provide administrative support to
the Economic Review Panel. The Economic Review Panel's recommendation shall be
based on the same standard for approval to be used by the Landmark Commission.
An application that no economically viable use of the property exists will not be
considered complete until the Economic Review Panel has made its recommendation to
the Landmark Commission. If the Economic Review Panel is unable to reach a
consensus, the report will indicate the majority and minority recommendations. If the
Economic Review Panel does not meet within thirty-five (35) days after appointment,
a recommendation of no economically viable use of the property will be forwarded to
the Landmark Commission.
5. Review by the Landmark Commission
The Landmark Commission shall review the application for Certificate of Demolition 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 specified date when the specified
information may be provided. Notice shall be provided by publication of the agenda of
the meeting.
6. Final Action by the Landmark Commission
If the application is determined to be consistent with all applicable provisions of this
UDO, including the applicable district provisions of the Historic Preservation Overlay
District Section in Article 5 of this UDO, 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. The property
owner has the burden of proof to establish by clear and convincing evidence the
necessary facts to warrant favorable action by the Landmark Commission.
D. Criteria for Approval of a Certificate of Demolition
In considering an application for a Certificate of Demolition, the Landmark Commission shall
deny the application unless it makes the following findings:
1. The Landmark Commission shall deny an application for a Certificate of Demolition to
replace a structure with a new structure unless it finds that:
a. The new structure is more appropriate and compatible with the Historic
Preservation Overlay District than the structure to be demolished or removed;
and
b. The owner has the financial ability and intent to build the new structure. The
Landmark Commission must first approve the Certificate of Appropriateness for
the proposed new structure and the guarantee agreement to construct the new
structure before it may consider the application for a Certificate of Demolition.
2. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure because of no economically viable use of the property unless it
finds that:
a. The structure is incapable of earning a reasonable economic return unless the
demolition or removal is allowed (a reasonable economic return does not have to
be the most profitable return possible);
b. The structure cannot be adapted for any other use, whether by the owner or by
a purchaser, which would result in a reasonable economic return; and
c. The owner has failed during the last two (2) years to find a developer, financier,
purchaser, or tenant that would enable the owner to realize a reasonable
economic return, despite having made substantial ongoing efforts to do so.
3. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure that poses an imminent threat to public health or safety unless it
finds that:
3-33
Unified Development Ordinance 0928/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.10 Certificate of Demolition
a. The structure constitutes a documented major and imminent threat to public
health and safety;
b. The demolition or removal is required to alleviate the threat to public health and
safety; and
c. There is no reasonable way, other than demolition or removal, to eliminate the
threat in a timely manner.
4. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure that is noncontributing to the Historic Preservation Overlay District
because it is newer than the period of historic significance unless it finds that:
a. The structure is noncontributing to the Historic Preservation Overlay District;
b. The structure is newer than the period of historic significance for the Historic
Preservation Overlay District; and
C. Demolition of the structure will not adversely affect the historic character of the
property or the integrity of the Historic Preservation Overlay District.
E. Appeals
1. Any interested person may appeal the decision of the Landmark Commission to the
City Council by filing a written notice with the Administrator within ten (10) calendar
days after the decision of the Landmark Commission. If no appeal is made of a
decision to approve a Certificate of Demolition within the ten (10) day period, the
Building Official shall issue the permit to allow demolition or removal. If an appeal is
filed, the City Council shall hear and decide the appeal within sixty-five (65) calendars
days of its filing.
2. In considering an appeal, the City Council shall consider the same standards and
evidence that the Landmark Commission was required to consider in making the
decision.
F. Limitation on Reapplication
If a final decision is reached denying a Certificate of Demolition, no further applications may
be considered for the subject matter of the denied Certificate of Demolition for one (1) year
from the date of the final decision unless the Landmark Commission waives the time
limitation because the Landmark Commission finds that there are changed circumstances
sufficient to warrant a new hearing.
G. Expiration of Approval
A Certificate of Demolition expires if the work authorized by the Certificate of Demolition is
not commenced within 180 days from the date of final approval. A final, one-time extension
for the commencement of work of 90 days may be granted by the Administrator upon
written request by the applicant showing circumstances beyond the control of the applicant.
If the Certificate of Demolition expires, a new Certificate of Demolition must first be obtained
before the work can commence.
H. Demolition by Neglect
1. Prohibition
No owner or person with an interest in real property included within a Historic
Preservation Overlay 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 or
structural compromise which would, in the judgment of the Landmark Commission,
produce a detrimental effect upon the character of the Historic Preservation Overlay
District as a whole or the life and character of the property itself. Examples of such
deterioration include, but are not limited to:
a. Deterioration of the foundation.
b. Deterioration of floor supports or the addition of floor supports that are insufficient
to carry the loads imposed.
3-34
Unified Development Ordinance 092129 /10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.10 Certificate of Demolition
c. Deterioration of walls, windows, doors, or other vertical supports, or the addition
of such supports that are of insufficient size or strength to carry the loads
imposed.
d. Deterioration of roof or other horizontal members.
e. Deterioration of exterior chimneys.
f. Deterioration or crumbling of exterior stucco or mortar.
g. Ineffective waterproofing of exterior walls, roof, or foundations, including broken
windows or doors.
h. Defective weather protection or lack of weather protection for exterior wall
coverings, including lack of paint or other protective coating.
i. Any fault, defect, or condition in the structure that renders it structurally unsafe or
not properly watertight.
j. 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.
2. Procedure
a. Purpose
The purpose of the Demolition by Neglect procedure is to allow the Landmark
Commission to work with the property owner to encourage maintenance and
stabilization of the structure and identify resources available before any
enforcement action is taken.
b. Request for Investigation
Any interested party may request that the Historic Preservation Officer
investigate whether a property is being Demolished by Neglect.
C. First Meeting With the Property Owner
Upon receipt of a request, the Historic Preservation Officer and City Building
Official shall meet with the property owner or the property owner's agent with
control of the structure to inspect the structure and discuss the resources
available for financing any necessary repairs. After the meeting, the Historic
Preservation Officer shall prepare a report for the Landmark Commission on the
condition of the structure, the repairs needed to maintain and stabilize the
structure, any resources available for financing the repairs, and the amount of
time needed to complete the repairs.
d. Certification and Notice
After review of the report in a public meeting, the Landmark Commission may
vote to certify the property as a Demolition by Neglect case. If the Landmark
Commission certifies the structure as a Demolition by Neglect case, the
Landmark Commission shall notify the property owner or the property owner's
agent with control over the structure of the repairs that must be made. The
notice must require that repairs be started within thirty (30) days and set a
deadline for completion of the repairs. The notice shall be sent by certified mail.
e. Second Meeting With the Property Owner
The Historic Preservation Officer and the City Building Official shall meet with the
property owner or the property owner's agent with control over the structure at
least within sixty (60) days after the notice was sent to inspect any repairs.
f. Referral for Enforcement
If the property owner or the property owner's agent with control over the
structure fails to start repairs by the deadline set in the notice, fails to make
continuous progress toward completion, or fails to complete repairs by the
deadline set in the notice, the Landmark Commission may refer the Demolition
by Neglect case to the City's Code Enforcement Division for appropriate
enforcement action to prevent Demolition by Neglect.
3-35
Unified Development Ordinance 0930/10 City of College Station, Texas
Article 3. Development Review Procedures
Section 3.10 Certificate of Demolition
I. Demolition by Condemnation
Reasonable attempts to engage a property owner in a Demolition by Neglect procedure shall
be made when there is concern for the deterioration of a structure, but when a structure or
equipment is found by the City Building Official to be a dangerous structure, the provisions
of the City of College Station Code of Ordinances regulating dangerous structures will apply.
J. Historic Preservation Fund
1. The City of College Station, in cooperation with community organizations, shall
develop appropriate funding structures and shall administer the historic preservation
fund.
2. The historic preservation fund is composed of the following funds:
a. Outside funding (other than City general funds or capital funds), such as grants
and donations, made to the City for the purpose of historic preservation and
funding partnerships with community organizations.
b. Damages recovered pursuant to TEXAS LOCAL GOVERNMENT CODE SECTION 315.006
from persons who illegally demolish or adversely affect historic structures.
3. The outside funding may be used for financing the following activities:
a. Necessary repairs in Demolition by Neglect cases;
b. Full or partial restoration of low-income residential and nonresidential
structures;
C. Full or partial restoration of publicly owned historic structures;
d. Acquisition of historic structures, places, or areas through gift or purchase;
e. Public education of the benefits of historic preservation or the regulations
governing Historic Preservation Overlay Districts; and
f. Identification and cataloging of structures, places, areas, and districts of
historical, cultural, or architectural value along with factual verification of their
significance.
4. Damages recovered pursuant to Texas Local Government Code Section 315.006 must
be used only for the following purposes:
a. Construction, using as many of the original materials as possible, of a structure
that is a reasonable facsimile of a demolished historic structure;
b. Restoration, using as many of the original materials as possible, of the historic
structure; and
c. Restoration of another historic structure.
Per Ordinance No. 3110 (September 11, 2008)
3.11 Building Permit
A. Building Permit Required
No building or other structure shall hereafter be erected, moved,
added to, structurally altered, repaired, demolished, or occupancy
changed without a permit issued by the Building Official except in
conformity with the provisions of this section and the 2006
INTERNATIONAL BUILDING CODE as adopted and amended by the City,
unless otherwise provided for in the CITY OF COLLEGE STATION CODE OF
ORDINANCES. No Building Permit issued under the provisions of this
Article for land use or construction in the City shall be considered
valid unless signed by the Building Official.
Per Ordinance No. 3110 (September 11, 2008)
B. Application for Building Permit
Application
Submittal
Staff
Review
Completeness
Review
Building
Official
1. Applications for Building Permits for single-family, duplex, or
3-36
Unified Development Ordinance 09n/10 City of College Station, Texas
Article S. District Purpose Statements and Supplemental Standards
Section 5.9 Single-Family Overlay Districts
types based on the most frequent method of garage connection within the
subject neighborhood:
a) Attached to the
single-family
structure; or
b) Detached from
the single-family
structure.
I
I I
I ■ I
I I
I
I
Attached Garage Detached Garage
L - - - - - - - - - - - - - - - - -
10) Garage Location
If garage location is selected for inclusion, the neighborhood stakeholder
committee may select one of the following garage locations based on the
most frequent location of garages in relation to the primary single-family
structure within the subject neighborhood:
a) In front of the
single-family
structure; or
b) To the side of the
single-family
structure; or
c) To the rear of the
single-family
structure.
I . I
I
I
I
I
Front of home Side of home Rear pf home I
L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
11) Off-Street Parking
If off-street parking is selected for inclusion, the neighborhood stakeholder
committee may set a minimum off-street parking standard of 3 spaces per
residential unit, however, it may not be included without also including
maximum lot coverage, garage access, connection, and location in the
Conservation Study.
12) Building Materials
If Building Materials is selected for inclusion, the neighborhood stakeholder
committee may select required building materials and set a minimum
percentage for the use of those materials for facades facing a right-of-way.
Required materials may only include types of building materials used in
the subject neighborhood. The Conservation Study should include a listing
of all types of materials used in the district as well as the median
percentage on building facades facing a right-of-way. The percentage of
use of a required material may only be placed on facades facing a right-of-
way and may not exceed the median existing percentage of the materials
on building facades facing a right-of-way.
13) Fencing
If Fencing is selected for inclusion, the neighborhood stakeholder
committee may select required materials and maximum height.
5.10 Historic Preservation Overlay District
A. Purpose
The Historic Preservation Overlay District is intended to provide for the protection and
preservation of places and areas of historical, cultural, and architectural importance and
significance. Such action is necessary to promote the economic, cultural, educational, and
general welfare of the public. Specifically, this district has the following expressed purposes:
5-34
Unified Development Ordinance 0932/10 City of College Station, Texas
Article S. District Purpose Statements and Supplemental Standards
Section 5.9 Single-Family Overlay Districts
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.
B. Applicability
The Historic Preservation Overlay District may be applied to districts, areas, or individual
property, regardless of the base zoning district or current use of the property(ies), that:
1. Are at least forty (40) years old;
2. Meet at least two (2) of the criteria listed below; and
3. Possess integrity that is evident through historic qualities including Location, Design,
Setting, Materials, Workmanship, Feeling, and Association.
C. Criteria for Designation of Historic Preservation Overlay Districts
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;
6. Represents an established and familiar visual feature of the neighborhood or city; or
7. Is eligible for listing on the National Register of Historic Places, Recorded Texas
Historic Landmark, or a State Archaeological Landmark, as determined by the Texas
Historical Commission.
D. Removal of a Historic Preservation Overlay District
Upon recommendation of the Landmark Commission to the Planning and Zoning Commission
based upon new and compelling evidence and negative evaluation according to the same
criteria and following the same procedures set forth in this UDO for designation, the
Planning and Zoning Commission may recommend to the City Council and the City Council
may remove an Historic Preservation Overlay District made under this section.
Per Ordinance No. 3110 (September 11, 2008)
5-35
Unified Development Ordinance 0933/10 City of College Station, Texas
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