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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: Home of Texas A &M University c • 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. Home of Texas A &M University a 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. Home of Texas A &M University Effect of Historic Preservation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, the tax records of the City of College Station, and the Brazos County Appraisal District as well as the official zoning map of the City of College Station. CERTIFICATES OF APPROPRIATENESS Applicability No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any structure or any property within a Historic Preservation Overlay District, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right -of -way which affects the appearance and cohesiveness of any structure or any property within a Historic Preservation Overlay District. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a certificate of appropriateness that will be required by the Unified Development Ordinance has first been issued by the Landmark Commission. The certificate of appropriateness shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of College Station. No permit for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall be granted by the Building Official without the review of a completed application for a certificate of appropriateness by the Landmark Commission. Application Requirements A complete application for Certificate of Appropriateness approval shall be submitted to the Administrator and shall include, where applicable: 1. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans; 4. Landscape protection plans; 5. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changed, if available; 7. Samples of materials to be used; 8. Specifications for architectural features and materials; and 9. Any other information that the Commission may deem necessary in order to visualize proposed work. Process 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 Home of Texas A &M University Commission additional information than that presented at a meeting, a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by publication of the agenda of the meeting. Final Action 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. Home of Texas A &M University Economic Hardship Application and Process After the denial of a certificate of appropriateness from the Landmark Commission, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Landmark Commission makes a finding that hardship exists. Application A complete application for claim of economic hardship shall be submitted to the Administrator. The Historic Preservation Officer will review the application for completeness and forward it to the Landmark Commission for their consideration. Action by the Landmark Commission 1. Public Hearing Following notice in accordance with the Unified Development Ordinance Section 3.1.F Required Public Notice, the Landmark Commission shall hold a public hearing. 2. Economic Hardship Review Following the hearing, the Landmark Commission has thirty (30) days in which to prepare a statement of finding to the Building Official, stating the reasons for granting or denying the hardship application. If no action has been taken by the Landmark Commission within thirty (30) days, such application shall be deemed granted by the Commission. 3. Criteria for Finding of Economic Hardship When a claim of economic hardship is made due to the effect of the Unified Development Ordinance regarding certificates of appropriateness, the owner must prove that: • The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; • The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and • Efforts to find a purchaser interested in acquiring the property and preserving it have failed. • The applicant shall consult in good faith with the Landmark Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Landmark Commission. Appeals An applicant for a certificate of appropriateness or finding of economic hardship dissatisfied with the action of the Landmark Commission related to the issuance or denial of a certificate of appropriateness or finding of economic hardship shall have the right to appeal to the City Council within thirty (30) calendar days after the date of such action. Ordinary Maintenance Nothing in the ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a property within a historic district which does not involved a change in design, material, or outward appearance. In -kind replacement or repair is included in this definition of ordinary maintenance. Demolition by Neglect No owner or person with an interest in real property included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Landmark Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roof or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration or crumbling of exterior stucco or mortar. 5. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. 6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Home of Texas A &M University Temporary Emergency Repairs If the Building Official determines that a building or structures in a Historic Preservation Overlay District poses an immediate threat to persons or property, the Building Official may order or conduct any temporary emergency repairs necessary to make the building or structure safe without the requirement of a certificate of appropriateness. The Building Official shall send a written report of such temporary emergency repairs to the Landmark Commission. However, once such temporary emergency repairs have been completed, no further work may be done on the building or structure unless a certificate of appropriateness is obtained. Home of Texas A &M University \'�-5T, D K5T, 40\<Q6 our owu"�\L a)pa.op�,n.�r