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Home My WebLink AboutJuly 29, 2014 AgendaCit of Denton City Hall y 215 E. McKinney St. Denton, Texas 76201 �,� ,la www.cityofdenton.com ��°`�� m�� Meeting Agenda City Council Tuesday, July 29, 2014 11:30 AM Facilities Management Training Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, July 29, 2014 at 11:30 a.m. in the Facilities Management Training Room at 869 S. Woodrow, Denton, Texas at which the following items will be considered: 1. Work Session Renorts A. ID14-0281 Receive a report, hold a discussion, and give staff direction concerning the current status of the 2014 mosquito season. Attachments: Exhibit 1 - Presentation B. ID14-0390 Hold a discussion and provide staff with direction regarding the creation of an ad hoc City Council Committee to interface with the Historic Landmark Commission and review the operations, procedures, powers, duties, policies and regulations related to Historic Landmark Preservation and Historic Districts in the City of Denton, Texas. Attachments: Exhibit 1- April 15, 2014 Aqenda Information Sheet 2. Concluding Items � � A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the goveming body that was attended or is scheduled to be attended by a member of the goveming body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: City ofDenton Page 1 Printed on 7/25/2014 City Council Meeting Agenda July 29, 2014 A. ID 14-0381 B. ID 14-0398 C. ID 14-0405 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the legal consequences of negotiation and extensions of non-annexation agreements in areas of the City's extraterritorial jurisdiction, and provide the City's attorneys with direction, where a public discussion of these legal matters would conflict with the duty of the City's attomeys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative or legal proceedings. Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling and production; other concems about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; settlement matters conceming gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to sanitary sewer overflows and resulting enforcement action, and provide the City's attomeys with direction, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative or legal proceedings. ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F1NAL ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING 1N ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN 1NT0 A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City ofDenton Page 2 Printed on 7/25/2014 City Council Meeting Agenda July 29, 2014 CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2014 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON FACILITIES MANAGEMENT TRAINING ROOM IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City ofDenton Page 3 Printed on 7/25/2014 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� Legislation Text File #: ID 14-0281, Version: 1 AGENDA INFORMATION SHEET DEPARTMENT: Environmental Services and Sustainability ACM: DATE: Howard Martin, 349-8232 July 29, 2014 SUBJECT Receive a report, hold a discussion, and give staff direction concerning the current status of the 2014 mosquito season. BACKGROUND The City of Denton has developed a Mosquito Surveillance and Response Plan (MSRP) which outlines a systematic approach for tracking mosquito populations and assessing the overall risk of West Nile Virus. This approach is based on mosquito population dynamics, detection of viruses in captured mosquitoes, and human case information. The MSRP also includes public information, larviciding activities, and procedural issues associated with spraying for mosquitoes. The approach ensures appropriate response levels by combining principals of integrated pest management, data from a comprehensive mosquito monitoring network, and procedural issues associated with a given risk level. These issues are briefly discussed below, along with information concerning the current status of the 2014 mosquito season. Mosquito Surveillance and Response Plan The City of Denton's Mosquito Surveillance and Response Plan (MSRP) was developed in 2002 in response to concerns about the spread of West Nile Virus (WNV) across the United States. The overall goal of the MSRP is to use data collected from mosquito surveillance activities to assess overall mosquito populations and mosquito virus infection rates. The current MSRP includes 5 Risk Levels, with each level indicating progressively greater human health risks from WNV. Each Risk Level is enacted when specific trigger conditions are met. Once enacted, the Risk Level outlines a series of responses that include recommendations for mosquito surveillance, public information and education, and mosquito control measures. Responses increase in scope and magnitude as Risk Levels increase. Although the MSRP is systematic in its approach to WNV Risk Levels, it is important to note that the MSRP is only intended to provide a decision-making framework for a complex human health issue involving many interacting factors, including the biology / ecology of mosquitoes, birds, and humans, as well as weather patterns. Flexibility is built into the MSRP to account for these variables / uncertainties. Risk levels in the current plan are: Risk Level 1 Normal Response: Risk Leve12 Enhanced Response: Probability of human outbreak is remote Probability of human outbreak is low City of Denton Page 1 of 4 Printed on 7/25/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0281, Version: 1 Risk Leve13 Public Health Concern: Probability of human outbreak is low to moderate Risk Leve14 Public Health Warning: Probability of human outbreak is moderate to high Risk Leve15 Public Health Alert: Human outbreak is confirmed Each mosquito season begins at Risk Leve12. Risk Level 1 is based on the condition of "normal mosquito activity with no evidence of arthropod-borne virus/disease detected during the past 3 years in vectors, humans, or other hosts", and it is unlikely that we will see this condition again in the region. Progressively greater levels of public education and outreach, source reduction, and larviciding using Bacillus thuringiensis israelensis (Bti) are the main responses for Risk Levels 2 through 4. The Risk Level 3 trigger is a single WNV positive mosquito sample. Risk level4 is triggered by multiple mosquito samples collected at different times and locations testing positive for WNV, or a single human case of WNV. Risk Leve15 is triggered by more than one human WNV case, and states that the City Council will recommend whether to implement ground level ultra-low volume (ULV) spraying as a response. The decision to spray is made by a Resolution of the City Council of Denton prior to the first application, for each mosquito season. Based on information available at the time of the Council decision, the Resolution may include specific requirements in addition to those outlined in the plan. Mosquito Monitoring Mosquito monitoring begins in mid April to early May each year, depending on the weather conditions. Over the last 12 years of monitoring, a single species of mosquito, Culex quinquefasciatus, has been responsible for more than 98 percent of the WNV detected in Denton mosquito samples. While the network is designed to capture all mosquito species, it emphasizes capturing Culex quinquefasciatus as the "target mosquito". Monitoring continues approximately weekly through the end of the season, which usually occurs in late October to mid -November. Monitoring is comprised of two components: "routine monitoring" and monitoring for local WNV testing. All mosquitoes collected during routine monitoring events are shipped to the Texas Department of State Health Services (TDSHS) for species identification and virus screening, which includes WNV. In 2013, the City of Denton and University of North Texas (LTNT) researchers implemented an additional monitoring and testing program using a Rapid Analyte Measurement Platform (RAMP) system. The RAMP system provides more rapid and flexible local West Nile Virus screening capabilities. Although the services provided by the TDSHS are extremely valuable to the overall monitoring program, due to the State's workload it can take a week or more before virus screening results are finalized and reported. The RAMP approach allows local researchers to produce WNV screening results within one day of collection, which is extremely beneficial for quickly adjusting local responses. In a"normal" season, 16 traps are deployed each week for routine monitoring, and 8 traps are deployed each week to collect mosquitoes for RAMP testing. Trap results are provided as an animated map on the City of Denton web page as information is received. The City of Denton web page also contains a large amount of additional public information, including the current Risk Level, information related to the "fight the bite" campaign, various methods for citizens to receive notifications, FAQs, and the MSRP itself. Larviciding During normal activity levels, staff inembers from Drainage, Watershed Protection / Stormwater, and Parks treat problem areas throughout the City with BTI larvicide, based on trap results, historical information, and visual observation. Code enforcement ensures that larviciding is conducted for unmaintained swimming pools and sources of stagnant water on private property. The City also provides limited quantities of BTI to citizens for use on their property. City of Denton Page 2 of 4 Printed on 7/25/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0281, Version: 1 Monitorin� and larvicidin� summar�for the 2014 mosquito season As of July 8, the following activities have occurred: • 2,935 BTI applications within the City of Denton drainage network • 84 BTI treatments provided to citizens • 192 traps deployed for routine monitoring • 80 traps deployed for RAMP testing • No WNV positive samples have been collected to date Information concerning total West Nile Virus cases in Texas as of July 8, 2014 is provided below. There have been 4 counties where WNV-positive mosquitoes have been captured (Dallas, Tarrant, Harris, and Montgomery), and one county with a human case of West Nile Fever (Travis County). A graph showing Denton mosquito densities by trap night for both total mosquitoes and for the target mosquito, and a graph showing the percentage of C. quinquefasciatus to total mosquitoes by trap event are also provided below . Trap data represents trapping events conducted through 07-01-14. Overall mosquito densities have been low to moderate, and the number of C. quinquefasciatus captured have been low. However, trap capture rates for C. quinquefasciatus compared to all other mosquito species captured has been generally increasing in recent weeks. This is a typical trend that tends to occur in this area as temperatures increase and rainfall decreases. The trend of increasing C. quinquefasciatus is an indicator that risk levels may increase in the coming weeks ;�,�x�4 � �°�� ao��o��n�� t fWoA� �6�� ctd�6��, �0�4 Positiv�: Cotrnfy � L,�` e:. n p��-�t , „ , �re , t'v,Yyaa?y; a wm'iaa�ac,�i�ararmon7�3azryt^� City of Denton Page 3 of 4 Printed on 7/25/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0281, Version: 1 1�rl:�l in��ruY�rr sarurl �°. a��r9p�r�M�ce�f^�rcgi��Nq�s �l��u�,�il� 9�w` ¢r�� a�i�t�i„ �Nw��aGr�,N��Y" Va�1..�4 lrti 3q 1: �;� . � � �� w��m��N� �� "�+,,� t� � � � � °m,, M� � � w „�, a,� m � � ,�p .,�,,.� ,.,� �� ,.. �� M'"""��.� �„�,°,.w°�„�,�w�.�.� .;��` �`�,� '��" .,,',�' ^w�" :'w�" \�` w,� ;\} ,�'' .."'� .�`� ,�n ,�} ,�'h ,�x: �!n ��"rv� �„, �, �,.s w, k�� ., ,.1+ ,4S` �^o�' ,�"n '�" ai�� ti� ,�'�' �"i y� � �,ti` �\�` ��, *� . . 4 +.7' . µ.: .,��.�d;�kk� ,,,��.�.�.,��k1f1HC� Equipment status �� h �i� T� tii;} 1* l t� �f n�,�'� +� 4`� �"� :,''w"� k^n ,�, �,� �`" ��°� I�'��r�enr�I�My�� cr6° C". zryA��r�i�n��r��.art�x t� tu�Cw�l r��r,w�aryaa��l�� Vp�� tr.�gn +��►�rauk� Y�dd°nna�N� 1i7�1�B• �� ,�"� '\'�' �"� ,��+ �'� ,�'� ,,�'� ,�n „'h y"� \"� ,.w'�� ,�"� .,��. �� .� �� ,� �;, �� „�� w�"" �,�" �ns, �cr� � i q` �.y4 q, kh �� 4'4' �'. Spray equipment is in good condition and is ready to respond if needed. The spraying equipment has been recently serviced and has been through annual calibration in accordance with application regulations. The spraying contractor has been contacted, and is prepared to enact spraying upon notification. Expenditures for the 2014 season For the 2014 season, the amount spent on mosquito control activities to date is approximately $24,680, as outlined in the following table. Table 1. 2014 Expenditures as of July 8, 2014 Description Expenditure T Monitoring Contract $16,124 RAMP program $6,613 P supplies $1,943 AL I$24,680.00 OPTIONS This update is being provided for informational purposes. Staff will be glad to provide additional information to the Council upon request. FISCAL INFORMATION The amount expended so far in the 2014 mosquito season is $24,680. The total estimated cost for the season is approximately $30,000 to $42,000, depending on whether spraying occurs and the total number of spray events needed. EXHIBIT l. 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McKinney St. Denton, Texas 76201 ,,,, www.cityofdenton.com � � �"�� '�� File #: ID 14-0390, Version: 1 DEPARTMENT: CM/ ACM: Date: Legal Anita Burgess July 29, 2014 Legislation Text Agenda Information Sheet SUBJECT Hold a discussion and provide staff with direction regarding the creation of an ad hoc City Council Committee to interface with the Historic Landmark Commission and review the operations, procedures, powers, duties, policies and regulations related to Historic Landmark Preservation and Historic Districts in the City of Denton, Texas. BACKGROUND On April 4, during the Historic Landmark Commission (HLC) work session Councilman Roden presented a proposal to create a Council Committee to explore policies and vision for Historic Preservation in the City. The Council Committee would open lines of communications between the HLC and Council and create collaboration on how to best address HLC issues. During the work session, the HLC presented several policies they believed warranted consideration for discussion by the Council Committee. The topics proposed for discussion included: aesthetic issues associated with the use of Solar Energy within Historic Districts; creation of a downtown overlay district; adopt elements of strategic planning and establish annual goals as part of the Preservation Plan update; increase inventory of landmark and historic structures; develop economic incentives for historic preservation; and balancing historic preservation interests with Economic Development. Councilman Roden also discussed the potential use of a citizen committee of stakeholders, as needed, on the implementation of Historic Preservation initiatives. The citizen committee could be created to participate on a specific issue or several issues. The citizen's committee would also be part of public education campaign to better communicate historic preservation initiatives to the community. The HLC expressed some concern with the creation of an additional Council Committee on Historic Preservation despite the identified benefits. The concern arises from the belief that the creation of another Council Committee adds another layer of governance between the HLC and City Council and may increase the potential for conflicts. Moreover, the use of a citizens committee may pose problems due to their potential lack of knowledge of historic preservation initiatives and local efforts to expand historic preservation. On April 15, 2014, the City Council was briefed during work session on several items (Exhibit 1). Over the past year, the HLC has dealt with broad issues that overlap with city wide policies, goals, and objectives. The HLC has expressed their desire to expand their role in the review of properties on the downtown square which City of Denton Page 1 of 3 Printed on 7/25/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0390, Version: 1 are a part of the National Registry of Historic Places (Exhibit 2) and not a local designation. This was also communicated in an Informal Staff Report to the City Council in June 2013 (Exhibit 3). Subsequently, the HLC has been developing for implementation an historic overlay district for the downtown to identify historic properties and historic elements of the downtown that should be preserved. More recently, the HLC reviewed a request for the installation of solar panels on historic structures that was subsequently denied. The basis for the denial was HLC concerns about the location of the solar panel on the section of the roof visible from public view. In addition, the HLC was concerned that there are inadequate design guidelines for installation of solar panels in historic designated areas of the City and approval of the request could set precedent with no established guidelines. Staff has been meeting with the neighborhood to develop policies for solar panels that will develop into a DDC amendment. This issue highlights the need for an update to the HLC Ordinance as the City Strategic Plan notes the preservation and maintenance of historic structures and culture in Denton as a goal, as does the City Sustainability Plan that notes to improve the energy efficiency of existing homes and buildings as a goal. The creation of a Council Committee to explore policies and vision for Historic Preservation would provide policy guidance and leadership on the noted subjects to align these outcomes with citywide goals. The Historic Landmark Commission (HLC) was created in April 1980, by Ordinance No. 80-030 (Exhibit 4) to, among other things, protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City's and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. The enabling language also includes the composition of the nine member committee and states that the HLC shall include at least one representative from each of the following organizations or professions: County Historical Commission The County Bar Association A Certified Public Accountant A registered Accountant An owner of real property in the City For some time the structure of the HLC has not met this requirement. As staff has continued their interaction with the HLC it has become apparent that updates and amendments to the Denton Development Code (DDC) are warranted to ensure that the DDC aligns with the goals and objectives of the HLC and the vision and direction of the City Council. OPTIONS 1. Move forward with the creation of a City Council Committee on Historic Preservation. 2. Refrain from creating a City Council Committee on Historic Preservations. 3. Postpone action on the creation of a City Council Committee on Historic Preservation. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 15, 2014 - City Council Work Session EXHIBITS 1. April 15, 2014, Agenda Information Sheet City of Denton Page 2 of 3 Printed on 7/25/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� File #: ID 14-0390, Version: 1 2. Downtown Square National Registry of Historic Places 3. June 2013 - Informal Staff Report 4. Ordinance No. 80-030 Prepared by and respectfully submitted: Brian Lockley Director, Planning and Development City of Denton Page 3 of 3 Printed on 7/25/2014 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� Exhibit 1 April 15, 2014, Agenda Information Sheet AGENDA INFORMATION SHEET AGENDA DATE: April 15, 2014 DIVISION: Planning and Development ACM: John Cabrales, Jr. � SUBJECT Receive a report, hold a discussion and give staff direction on the creation of a City Council Committee to explore policies and vision for historic preservation, and possible revisions to the Denton Development Code and the Denton Code of Ordinances. BACKGROUND The Historic Landmark Commission (HLC) was created in April 1980, by Ordinance No. 80.030 (Exhibit 1) to, among other things, protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City's and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. The enabling language also includes the composition of the nine member committee and states that the HLC shall include at least one representative from each of the following organizations or professions: County Historical Commission The County Bar Association A Certified Public Accountant A registered Accountant An owner of real property in the City In 1991, this language carried forward with the adoption of the Zoning Ordinance, and has continued with the adoption of the Denton Development Code (DDC) in 2002 (Exhibit 2). Since then, there has not been a significant review of the ordinance for an update. Over the past year, the HLC has dealt with broad issues that overlap with city wide policies, goals, and objectives. The HLC has expressed their desire to expand their role in the review of properties on the downtown square which are a part of the National Registry of Historic Places (Exhibit 3) and not a local designation. This was communicated in an Informal Staff Report to the City Council in July 2013 (Exhibit 4). Subsequently, the HLC has been developing for implementation an historic overlay district for the downtown to identify historic properties and historic elements of the downtown that should be preserved. More recently, the HLC reviewed a request for the installation of solar panels on historic structures that was subsequently denied. The basis for the denial was HLC concerns about the location of the solar panel on the section of the roof visible from public view. Agenda Information Sheet April 15, 2014 Page 2 of 2 In addition, the Commissioners were concerned that there are inadequate design guidelines for installation of solar panels in historic designated areas of the City and approval of the request could set precedent with no established guidelines. Staff has been meeting with the neighborhood to develop policies for solar panels that will develop into a DDC amendment. This issue highlights the need for an update to the HLC Ordinance as the City Strategic Plan notes the preservation and maintenance of historic structures and culture in Denton as a goal, as does the City Sustainability Plan that notes to improve the energy efficiency of existing homes and buildings as a goal. The City of Denton is a Certified Local Government (CLG) which means it has met the criteria for eligibility by the National Historic Preservation Act of 1966, the National Park Service, and Chapter 15.6 of the Texas Administrative Code. A benefit of the CLG is access to historic preservation fund grants to develop programs and services for local historic preservation. The City has executed a Certification Agreement with the Texas Historical Commission (Exhibit 5) that carries its own requirements that must be met to maintain the certification. A review of the HLC Ordinance would allow for a concurrent review of the Texas Administrative Code requirements for a CLG (Exhibit 6) to ensure consistency. EXHIBITS l. Ordinance Adopting the Historic Landmark Commission 2. Denton Development Code Historic Landmark Commission Authority 3. National Registry of Historic Places — Denton County Courthouse Square 4. Informal Staff Report Downtown Historic District 5. Texas Historical Commission Certification Agreement 6. Texas Administrative Code Chapter 15 Rules and Procedures for CLG Prepared by and respectfully submitted: ,.,,� ,.w, � � a�„� � � f �� Brian Lockley, AICP, CPM Planning and Development Director Exhibit 2 �ar�s �p��,�-�c,-� Downtown Square National Registry of Historic Places aa�an�� raa.,a�a-o�� i�-e61 �I!ilt�ti �`r$�'�� '��i'�CiY��11� �"� '��'1� �6"1'��'�"I+�f �I��+�i�� F��'�� aGl'1/NC� � �M' �, ' "^ ,� �. � � w� � . � � 1� �' ^ ��c�ir�t� 7 P�� 6 I7��r��€�r� Cour�ty Co��i�tl��bse ,��tr� H7stc�r�c P�z�Ei-ict I��Lton, �ei��a Ga�anty, Tex�s I)eL��xto�r�� :�r�unty �:eri�art��rartse Sq�uare Hostoric� �istrict — L7e�rt�aa�, "�exas +� i i ,��CCItl1 "St!"PPd �•. mm•. •^,�• ^ —. —. — — —' � �----_�.�.....��.. fl , .. , �� ,� „�� W_ . _,.N��,M�. ,� � � � r � �r�w��ti' � � � �, � � � � ��r �o� �� . IN _w._.. ...._m..� - I I� 4k'�e'tt [)irk Stretl � I � :��a�ra V�:� ', G t'� ' � � �V7 � � �� --- 118 � � �x� Ci 115..._ I ( I I � I � � � � — — I Elistaeic I]isxrict — — — — - C:anari�citin�; I'r�i�erties � hPr,��CordiriLu�i��;C"ru�craies � � w— ...._w.w n �...w p, �."�AAri�"t�i+��r�` .�� .W� � � s: [s A� � w�s-w�� f tl�a � � IV� � � h BI�-l12 � 14R�b , I � � � � �� tas� � �rrz � �� ! � � ti�lert Ffrrlrary ;S°tr�°et � . � ...,..,..,.__,.._ � �� ' � ``" � I� � a_ �a 1�}M � �, �. � I � � . , llifll7lfl.SiFCeI — — ,-- � .... �� — — — R , I I I w � s � C�a�nfer9er;�ac� hdunun�er�t � f.ar:��c erf]'cy6rn 13. L7r:mta�a� (k9t11 re:Inttmt�ntj� � L7ci�i¢aia E�:ow�iay� AI1-AYlnr h�emc��rl:�l � �YJC�i1 tiidtyvalks l..ai�Le C�-.4nrwr`mr<r, /r�e��. I+«�Enk> 1: �:ontri6tr�ti��gll�att-�niu�ri�uti��g �9�e� c�f l7�nCr�i�x E�.aiMr-�t�� C��bctEza�ise Sq�d,xre His�trrr�ic �is�ci,ct Exhibit 3 June 2013, Informal Staff Report Date: June 21, 2013 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT Report No. 2013-067 Consideration of the designation of the Courthouse Square area as a local historic district. BACKGROUND The Historic Landmark Commission prepared this Informal Staff Report and directed staff to forward it to the City Council for consideration concerning the designation of the Courthouse Square area as a local historic district. In fulfilling their defined duties as Historic Landmark Commissioners, the Commissioners accept that designation and preservation of our city's resources is of the utmost importance. The city's historic homes, buildings and districts have helped shape the character of this great city, and the Historic Landmark Commission (HLC) wants to continue pursuing efforts in preserving the quality of those entities. With this in mind, our downtown district hosts some of Denton's greatest historic structures in the entire city and generates a feeling of history to our community and visitors that is palpable. However, many of these buildings are not designated as historic and so leave themselves susceptible to losing their inherent historic value. The HLC would like to propose with Council support an effort between HLC, the City Council, and building/property owners to pursue, define and create a Local Historic District in the downtown Courthouse Square area. DISCUSSION This effort hopes to achieve the following for buildings, the building owners, our city, and its community: Protection/Preservation A historically designated home or building has more protection from demolition or alteration and will sustain its historic quality over a longer period of time. Economic Benefit Historic preservation makes economic sense. Studies have shown that investment in historic neighborhoods and a commercial center will stabilize property values, encourage redevelopment, stimulate business development, and generate tourist dollars. Character The inherent character in historic buildings helps define a unique aesthetic that cannot be manufactured and adds to the image of how the businesses within the Courthouse Square and surrounding area are perceived. 1 Date: June 21, 2013 Report No. 2013-067 Communitv The National Trust for Historic Preservation says: "Revitalizing our historic hometowns and Main Streets is not about nostalgia. It is about reinvesting in our older and historic neighborhoods. Preservation-based community development not only protects our heritage, but also is a viable alternative to sprawl that creates affordable housing, generates jobs, supports independent businesses, increases civic participation, and bolsters a community's sense of place." Sustainable Development Sustainable Development requires environmental responsibility, economic responsibility, and social/cultural responsibility. Preservation and renovation of existing building stock is the one type of development that merges these three elements, helping maintain vibrant, livable communities in addition to being environmentally and economically responsible. CONCLUSION We hope that by working together and redefining the perspective of historic designation and the benefits involved, this great pillar of history in Denton, TX can be defined and upheld as such by HLC and CounciL With Council support of this request, the HLC will commence discussions on developing the framework for creation of an historic district on the downtown Courthouse Square with the ultimate goal being the creation of a historic landmark overlay district. STAFF CONTACT Cindy Jackson, AICP Senior Planner Cindv.Jacl�sc�n�,ci�vc�fden�c�n.cc��n 940-349-8351 or Brian Lockley, AICP, CPM Director, Planning and Development Department brla�,lr��k1� �� 1t�r�fd��tr��,�r�� 940-349-8378 CC: Members of the Planning and Zoning Commission 2 Exhibit 4 Ordinance No. 80-030 No � - 30 .FIN ORDINANCE AMBNAING .APPBNAIX B OF THE CODE OF ORDINANCES, THE COMPREHBNSIVE ZONING ORDINANCE, OF THE CITY OF DENTON, TEXAS, SY ADDING TO APPENDIX B A NEW ARTICLE 28A ENTITLEA "ARTICLE 28A HISTORIC LANDMARK PRESBRVATION", DE�'TNTNG THL TERM HISTORIC � I,ANDMAItK, CREATING A HISTORIC I,ANDMARK COMMiSSTON AND PROVIIIING FOR ITS POWERS ANA RESPONSIBILITY, PR�VIDING FOR THE DESIGNA- TION OF HISTORIC LANDMARKS BY THE CITY AND ESTABLISHING CRITERIA FOR USE IN D$TBRMINING HTSTORIC LANDMARK DESIGNATTONS, REGULA'�ING THE REPAIR, RHMOVAL AND DF.MOLITION OR REMOVAL OF HISTORICAL LANpMARKS, DEFINING THE POWERS AND AUTHORTTY OF THE PLANNIh1G AND ZONING COh�fISSION OVER HTSTORIC LANDMARKS AND OF THE CITY COUNCIL, PROVIDING THAT HTSTORIC LANDMARK DESIGNATIONS SHALL NOT AFFECT PRESBNT ZONING USES, PROVIDING A PENALTY WHERBAS, the Csty of Denton, Texas has a history and a heritage unique and different from any other C�.ty �n Texas which is worthy of c�.vzc pr�de and preservation, and WHFREAS, the City Council recogn�zes its responsibillty to preserve and protect places and areas in the City of historacal and cultural zmportance and significance for the general welfar� of fihe community, NOW, THEREFORE, THE COUNCIL OF THE CTTY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I Appendix B oi the Code o£ Ordxnances of the City of Denton, Texas, the Comprehensive Zoning Ordinance of the City of Denton, is hereby amended by adding to Append�x B a new Article 28A to hereafter read as follows ARTICLE 28A HISTORIC LANDMARK PRESERVATION Sectzon 28A-1 "HISTORTC iANDMARK" DEFiNED As used in this article, the term "historic landmark" sha11 mean any building, structure, s1te, district, area, or land of axchitectural, historical, archaeolog�Cal or cultural import&nce or value, which the city council determines shall be protected, enhanced, and preserved �n the interest of the culture, prosper�ty, education and general welfare of the people Section 28A-2 DECLARATION OF POLICY The city couacil hereby iinds and aeclares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and g�neral welfare of the people The purposes of thls chapter are (a) To pxotect, enhance and perpetciate historic landmarks which represent or reflect distznctive and xmpartant elements of the city's and state's architectnral, archaeological, cultural, social, economic, ethnic and political history and to develop approprxate settings for such places (b) To safeguard the city's historic and cultuxal heritage, as embodied and reflected in such historic landmarks by appropriate regulatzons (c) To stabilize and impxove propexty values in such locations (d) To foster civic pride in the beauty and accomplish- ments of the past (e} To protect and enhance the c�ty's attract�ons to tourists and visitors and pxovide incxdental support and stimulus to business and industry (f) To strengthen the economy of the city (g) To promote the ase of historic landmarks £or the culture, prosperity, education, and general welfare of the people of the city and visitors of the city Section 28A-3 HISTORTC LANDMARKS-DESIGNATION The city council mxy designate buildings, structures, sites, districts, areas an� lands in the cxty as h�storxc landmarks and define, amend and de�ineate the boundaries thereof The suffix "H" sha11 indicate the zon�ng designation oi those buildings, struttures, s�tes, districts, areas and lands which the city council designate as historic landmarks Such designation shall be Zn addition to any other use designation established in the comprehensive zoning ordinance The zoning map shall relfect the des�gnation o� a historic landmark by the letter "H" as a suf£Yx to any other use PAGE 2 ,� designatzon estabZished under the comprehensive zoning ordinance Section 28A-4 SAME-CRITERIA TO BE USED IN DESIGNATIONS In making such designatzons as set forth in Section 28A-3, the City council shall consider, but shall no be limited to, one or more of the following criteria (a) Character, interest or value as part of the develop- ment, heritage or cultural characteristics of the Czty of Denton, State of Texas, or the Unzted States (b) Recognition as a recorded Texas histor�c landmark, a national historic landmark, or entered into the National Reg�ster o£ Hxstoric Places {c) Embodiment of distinguishang characteristics of an architectural type or specimen (d) Identification as the work of an architect or master builder whose �naivzdual work has influenced the development of th� city (e) Embodiment of elements of architecturai design, detail, materials or craftsmanship wh�ch represent a significant architectural innovation (f) Relat�onship to other dist�nctive bui�dsngs, sites or areas wh�ch are eligible for preservat�on accordzng to a plan based on architectural, hzstoric or cultural motif (g) Portrayal of the environment of a group of peopl� in an area of history characterrzed by a d�stinctive archztectural style (h) Archaeolog�eal value in that it has produced or can be expected to produce data affectang theories o£ historic or preh�storic interest (i) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, 5tate or United States PAGE 3 (�) Location as the site of a significani historic event (k) Identification with a person or persons who signifzcantly contributed to the culture and development of the city, $tate or United States (1) A building or structure that because of its Iocation has become of value to a neighborhood, community area, or the city (m) Value as an aspect of community sentiment or public pride Section 28A-5 HISTORIC LANbMARK CO�fISSION-CREATED (a} There zs hereby created a commisszon to be known as the Historic Landmark Commission of the City of Denton, here- inafter called the "landmark commzssion," composed of nine members appointed hy the city �auncil The landmark commission shall include at least one representative from each of the following organizat�ons or professions (�) Denton County Historical Commzssion (2) The Denton County Bar Association (3) An Architect (4) A Certified Public Accountant (5) An owner of real property in the City (b) The other members of the landmark commission shall be appointed from such other individuals and organizations as the c�ty council may in �ts dzscretion wish to consult or consider, prov�ded that no one business or professional znterest shall constitute a ma�ority membershlp of the commission (c) Members o£ the landmark commission shall be appolnted Eor two year terms, except that the origznal representatives From the five fields of exp�rtlse shall serve for a term of two years, and a11 other orzgxnal members of the landmark commission shall be appointed for a one year texm Thereafter all members of the landmark commission shall be appointed for two year terms Vacancies in an unexpired term sha�l be £illed by the city council for the remainder of the term PAG E 4 (d) In addition to the nine members ap�ointed by the city council, the £ollowing persons or their designates shall szt on the landmark comm�sszon as ex officio members 1 The Dzrector of Planning of the City of Denton 2 The Building Official of the City of Denton 3 The Chairman of the Denton County H�storicai Commission (e) None of the ex oEf�cio members shall have votang power, but shall assist the landmark commission in its various functions (f) The landmark commission shall meet as often as necessary to dispose of the business of the commission or upon ca11 by the commission cha�rman or upon petition of a simple ma�ority of commission members Five members present shall constitute a quorum for the transact�on o£ business and all Zssues sha11 be decided by a ma�or�ty of rhose members present and voting, except that in those instances where only a quorum of five is present at a meeting, all issues shall be dec�ded hy at least four affirmative votes The commxssion shall adopt appropriate rules and xegulations for the conduct of its business and the election of Zts chairman and other officers The manutes of each meeting sha11 be tiled �n the office of the city secretary (g) The city attorney shall be the legal advisor for the Historic Landmark Comm�ssion (h) The fact that one or more representatives from the five frelds of expertise may not at any given point be a member of the landmark commission, for whatever reason or reasons, shall not affect the validity of any decision or act oi the commission Sectzon 28A-6 SAME-FUNCTLON (a) The landmark commxssion shall thoroughly familiarize itself with buiXdings, structures, sites, districts, areas and lands within the city which may be eligible £or des�gnation as PAG E 5 historz� landmarks and shall prepar� an historic landmark preservation plan, hereinafter referred to as the "preservation plan," which sha11 (1) Bstablish cr�teria to be used in determining whether certazn buildings, structures, sites, districts, areas, lands and other ob�ects should be designated as historic landmarks (2) Establish guzdelrnes to be used in determination of whether to grant or deny certificates of appropriateness and certificates o£ demolition or remova� (3} Formulate a program for private and public action which wi11 state the role of various city agencies in preservation of histox�c landmarks (4) Suggest sources of £unds for preservatxon and xestoratlon activities and acquisitions, to znclude federal sources, state sources, private and foundation sources, as well as municipal sources (5) Recommend to the proper agencies inc�ntives designed ta encourage hxstorical preservation (b} ��e preservation plan shall be presented to the city planning commission for consideration and recommendation to the c�ty council for xnclusion in the comprehensive plan oi the C�ty (c) The landmark commission shal� recommend to the city planning commission oxdinances designatxng certain buildings, structures, sztes, districts, areas and lands in the city as historxc landmarks The landmark comm�ssion shall hold a public hearing on all proposed ordinances and the owner of any land incZuded in the proposed ordinance shall be given at least ten days written notice of the public hearing PAGE 6 (d) If the landmark commission finds that buildings, structures, sites, d�stricts, iands or axeas cannot be preserved without acquisitian, the landmark Commiss�on may recomm�nd to the czty council that the fee or a lesser interest o£ the property in questaon be acquired by gift, devise, purchase, em�nent domain or otherwise, pursuant to the c�ty charter and state and federal law (e) Where there are conditions under which the reqaired preservatlon of a historic landmark would cause undue hardship on the owner or owners, use district changes may be recommended by the landmark commission (f) The designation of a historic landmark may be amended or removed using the same procedure prov�ded in this article for the original designation (g) The landmark commission shall provide information and counseling to owners of designated hlstoric landmarks SeCtion 28A-7 ACTION BY THE CITY PLANNING COMMISSION (a) The city plann�ng commxss�on shall hold public hearings as provided for in Article 1011f, Vernon's Annotated Texas Statutes, to consider any historical Zandmark designation ordinance after receiving a recommendatzon for the landmark commission The notices provrded for in Article 1011f shall be sent to all owners of property which is proposed for "H" designation as well as to the ad�oining property owners specifaed in said article (b) Within thirty days after the hearing, the c�ty planning commission shall set forth in wr�ting its recommen- dat�on, including the findings of fact that constitute the basis for �ts decxs�on, and sha11 transmit its recommendatzon concerning the propased ordinance to the clty council along with the recommendation of the landmark commission Section 28A-8 RECORDING OF DESIGNATION Upon passage of a historic landmark designation ordinance, by the City Counc�l, the c�ty secretary shall f�le a copy of PAGB 7 the ordinance with City and Aenton County Tax Assessors together with a notice briefly stating the fact of the des�gnatzon and shall send a copy of such notice to the owner or owners o£ the affected property by certified mail Section 28A-9 EXTERIOR ALTERATIONS AND CHANGES-C�RTIFICATE OF APPROPRIATENESS, ORDINARY REPAIR OR MAINTENANCE, APPEAL No person or entity shall construct, reconstruct, alier, change, xestore, remove or demolish any exterior archztectural feature of a designated h�storzc landmark unless application be made to the Zandmark commission for a certificate o£ appropriateness and such a certificate be granted As used in this article, the term "exterior architectural feature" shall include but not be limited to architectural style and g�neral arrangement of such portion of the exterior of a structure as is des�,gned to be open to va�ew from a public way (a) Procedure when building permit is required (I) When applyang for a build�.ng permit for the exterior of a designated historic landmark, the appZacant shall submit two copies of all detailed plans, elevations, perspec- tives, specifications and other documents pertaining to the work to the building official, who shall £orward such applicatzon to the commiss�on cha�xman Any applzcant may appear at a regular or special meeting of the landmark commission before subm�tting an application and may consult with sai8 commission during the review of the permit appl�cation (2) The landmark cammission, upon ten days written notice to the appl�cant, shall hold a h�aring on the appli- cation Upon review of the application, xf the land�ark commission finds the proposed work of a nature which will not adversely af£ect any significant archltectural or historlcal feature of the designated historic landmark, and is appropr�ate PAGE 8 and consistent with the spirit and purposes of this artxcle, zt sha11 forward a certificate of appropriateness to the builarng officlal aftex the public hearing and the building official shail so advise the applicant a£ter the certif�cate is receaved (3) I£ the landmark commzssion finds that the pro- posed work wi11 adversely a£fect or destroy any significant architectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the sp�rit and purposes of this article, it shall notify the bu�lding official that th� apglication has been disapproved and shall notz£y the appl�cant of the disapproval and o£ the changes �n the application which are necessary to secure the approval of the application (4) Zf no action has been taken by the landmark comm�ssion within sixty days oE original receLpt by the landmark commission, a certificate of appropriateness shall be deemed issued by the landmark commission, and the building official shall so advise the applicant (5) No change sha11 be made in the application for any building perm�t after issuance of a certificate of approprxate- ness without resubmittal to the landmark commission and approval thereof an the same manner as provided above (6) After a decision is reached by the landmark commission deny�ng an applzcatxon £or a cert�£�cate of appro- priateness, a resubmittal of application will not be accepted for addrtional hearing within a twelve-month period from the date �f final decision except upon written request by the appl�cant �ndzcat�ng that there has been a change zn conditzons or that all changes in the application as recommended by the landmark commission have been made (b) Procedure when bu��dxng permit �s not requ�red (�} Thase proposed exterzor changes and alterations not re�uiring a building permit shall be submitted sn writing PAGE 9 directly to the historic landmark commission for a cert£icate of appropriateness whzch must be granted before such work can be undertaken Applacant sha11 submit a copy of all proposed alterations and changes to the commission The application must spec�fzcaily describe the alteration or change proposed Any applicant may apgear at a regular or special meeting of the landmark commission before submitting an appl�cation and may consult with said commission during the review of the application (2) The landmark commission, upon ten days wrxtten notice to the applicant, shall hold a hearing on the applicatzon Upon review of the application, if the landmark commission flnds the proposed work of a nature which will not adversely af£eCt any significant archztectural or historical feature of a designated historic landmark and is appropriate and consistent with the spirit and purposes of th�s article, �t sha11 forward a certificate of appropr�aten�ss to the applicant within thirty days of the receipt of said application (3) I£ the landmaxk comm�ssion finds that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the des�gnated hzstoric landmark or is inappropriate or inconsistent with the spirit and purposes of thzs article, it shall noti£y the appZicant w�thin thirty days of receipt of sa�d applzcatzon that the appl�cation has been disappxoved and shall include in such notification the changes necessary to secure approval of the application (4) If no action has been taken by the Iandmark commission within sixty days of the xeceipt of the applxcatzon, a certxf�cate of appropriateness shall be deemed issued by the landmark commission PAG� 10 (5) No change shall be made zn the application for issuance of a certiflcate of appropriateness without resubmittal to the landmark comm�ssion and approval thereof in the same manner as provided above (6) After a decision zs reached by the landmark commission denying an appZication for certificate of appropriateness, a resubmittal of application will not be accept�d for additional hearing within a twelve month perzod from the date of final decision except upon written request by the applicant indreating that there has been a �hange �n conditions or that all changes in the application as recomm�nded by the landmark commission have been made (�} Ordxnary repalr or maintenance Ordinary repair or maintenance wh�ch does not involve changes in architectural and historic value, style or general design is exempt from th� provisions of this section (d) Appeal Any appliCant or Ynterested person aggrieved by a ruling of the landmark commission under the provisions o£ this section may, within thirty days after the date of such ruling, appeal to the city council Section 28A-10 HISTORIC LANAMARKS-DEMOLITTON OR REMOVAL (a) I£ an applzcat�on is received for demolition or removal of a designated historic landmark, the building official shall immediately forward the application to the landmark commission The landmark comm�ssion shall hold a publxc hearzng on the application within thirty days after the applic�tion is initially filed with the building of�icial The applicant shall be given ten days written notice of the hearing The landmark commission shall consider the state of repair of the building, the reasonabieness of the cost of restoration or repair, the existing and/or potential usefulness, incZuding economic usefulness of the building, the purposes behind preserv�ng the stru�ture as a historic PAGE 11 landmark, the character of the ne�ghborhood, and alZ other factors it finds appropriate If the landmark commiss�on determines that 1n the interest of preserving hastorical values, the structure should not be demolished or removed, it shall notxfy the building offlcsal that the application has been d�sapproved, and the building official shall so advise the appllcant within five days therefrom If the landmark commis- sion determines that the interest of preservrng h�storical values will no� be adversely affected by such demolishment or removal or that the interest of preservLng historical values can best be served by the removal vf a structure to another specif�ed location, it shall issue its certificate of demolition or i�s certificate of removal, as may be appro- pxiate, to the building official, and the build�ng official shall so advise the app�xcant wxth�n �ive days therefrom (b) If no action has been taken by the landmark commission within stxty aays of original receipt by the landmark commis- sion of the applicatlon, a certif�cate of demolition or a �extz£icate of removal shall be deemed issued by the landmark commrssion and the buiZding official shall so adv�se the applicant (c) Aftex a dec�sion is reached by the landmark commission denying an application for a certrficate of demoZition or a certificate of removal, a resubmittal of application for such a certificate will not be accepted for additional hearing within a twelve-month period from the date of final decision (d) Any applicant or the owner of any property located wxthin three hundred feet of any landmark who �s aggrieved by a ruling of the landmark commission concerning same lan�mark under the prnvlsxon o£ Lhis sect�on may, wzthin sixty days after the ruling of the landmark commissron, appeal to the city council Following a public hearing to be held within thirty days of the filing of a notice of such appeal with the city secretary, the city council may, by a simple ma�ority vote, PAGE 12 uphold or overturn any ruling of the landmark comm�ssion made pursuant to this sactzon Section 28A-11 PROCHDURE FOR OBTAINING BUILDING PERMIT, REMOVAL PERMIT, DEMOLITION PERMIT ANb POR ALTERING THE EXTERIOR OF A BUILDING OR STRUCTURE DURING PENDENCY OF CONSIDERATIOH OF SUCH BUILDING OR STRUCTURE AS A HISTORIC LANDMARK OR AS PART OF A HISTORIC LANDMARK (a) From and after the date on which the question of whether or not any building, structure, or site within the City should be designated as a historic landmark is placed upon the agenda for any special or regular meeting of the landmark comm�ssion, or from and after the date on which such agenda is posted in accordance with the provision of Article 6252-17, V A T C S, as amended, or from and after the date that the landmark commiss�an appxoves or recommends a preservation plan or any amendment of any exxsting presexvat�on plan which embraces or includes the buila�ng, structure, or s�te within the city, whichever date first occars, na building permit allowing the construction, reconstruction, alteration, change, restoxa�zon, removal or demolition of any exterior arch�tectural feature of anp building or structure than existing including or embraced in whole or in part within the scope of such agenda consideration or such preservation plan or such amendment theraof, as the case may be and no permit allowing the demolition or removal o£ all or any part of any such building ar structure may be issued by any offrczal of the city, nor if no such permit is required, may any person or ent�ty consfiruct, reconstruct, alter, change, restore, remove or demolish any exter�or arch�tectural feature of any such building or structure, until the earliest of the following conditions have been met (1) A final and binding cert�ficate o£ appropriate- ness, removal or demolition, as may be appropriate, has been issued by the landmark commiss�on, (2) The landmark commission fails to make a recommen- dat�.on that some part or all of any such buzlding or structure PAGB 13 be designated a historic landmark or be included wxth3n a historic landmark or within a preservation plan or an amendment thereo� with�n sixty days following the earliest of the ahove described dates activating thzs section application under the circumstances, or, (3) A final and binding deciszon has been made by the city council that no part of any such bui�ding or structure shall be des�gnated a historic landmark or shall be zncluded within any des�gnated historic Iandmark Provided, however, that should the city council fail to act within ninety days from the date an appeal is filed, the requested permit shall be granted The ninety day time limitation may be waived by the appellant to allow the city council an add�tiona� thirty days in which to act (b) Tt shall be the duty of the landmark commiss�on to furnish the building oificial with a copy or written notice of each such written order or such agenda or such preservation p�an or amendment thereof, as the case may be, as promptly aftex the prepara�zon thereof as is practicable The failure to so furnish the building official wlth a copy or wr�tten natice thereof, however, shall not have the eFfect of val�dating any b�ild�ng permit, removal permit or demolztion permxt issued in ignorance of any such written order or agenda In any instance in which any such perm�t may not be required, �t sha11 be the duty of the landmark commissian to gzve notice of any such written order or such agenda or such preservation plan or amendment thexeof to the owner or owners of any building or structure included within the scope thereo£, which not�ce shall be deemed complete when actualZy given, orally or in writing, to such owner or awners, or when written not�ce thereof is deposited in the United States mail, postage pxepa�d, certifzed or registered, with return receipt reques�ed, addressed to such owner or owners, whichever event first occurs PAGE 14 (c) Any permit issued to any person or entzty from or a£ter the date of any such written order, or such agenda, or the approval or recommendation of such preservation pZan or amendment thereof, as the case may be, shall be null, vozd and of no force or effect until the earliest of the events described in sabparagraphs (1), (2) ana (3} of subsection (a) next above to occur (d) Notwithstanding any other provision of this chapter, no buildyng permit, removal permit or demoZition permit sha11 be �ssued by the building inspector for any structure located in a National Register District except as authorized by the subsection The building inspector shall notify the landmark commission fmmediately of any application requesting a building permit, removal permit or demolit�on permit for a structure located in a National Register District No such permit sha�l be �ssued by the building inspector before the Iandmark commission has made a recommendation or scheduled the structuxe on its agenda or before the expiration of forty (40) calendar days, whichever is sooner If a structure is made an agenda �tem, it shall �e scheduled for a public hearing as soon as ad�acent property owners are notlfiea For purposes of this subsection, "National Register District" is defined as a designated area possessing a signiflcant concentration, linkage or cont�nuity o£ sites, building structures or ob�ects which are separated geographically but are linke� by association or history, provided, �hat no area may be considered a National ReglstEr District for purposes of this subsection unless it has been designated zn the Federal Register pursuant to the National Preservation Act of 1965, as amended, prior to the effective date of this amendment, and until maps depicting such area are made available for inspection by the public in the offzce of the Building Inspection Department Notwithstanding any provision hereof, this section shall not apply to geographica� areas designated as historic distrzcts under the provisions o£ thss ordinance PAGE 15 Sect�on 28A-12 SAME-OMISSION OF NECESSARY REPAIRS (a) The exterlox o£ a des�gnated h�storic landmark shall be maintained to insure the structural soundness of such landmark (b) Tf th� landmark commission finds that there are reasonable grounds to believe that a designated historic landmark zs structurally unsound or in imminent danger of becoming structurally unsound, the landmark comm�sszon shall notify in writing the owner of record of the designated historic landmark of such fact (c) Upon the giv�ng of ten days wrztten notice io the owner of record of such designated historic landmark, the landmark commission shall hold a public hearing to determine if the designated historical building is structurally unsaund or in imminen� danger of becoming structurally unsound The landmark commission's report may include evidence of economic hardshxp or wilZful neglect (d) At the conclusion of the hearing, if the landmark commission finds that the des�gnated h�storic bu�lding is structuraZly unsound or in danger of becoming structurally unsound and that no valid reason exists as to why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall �n wxzting notify the record owner of the finding (e) The owner of record of a designated historic landmark who has been notzf�ed by the landmark commission that such landmark is structurally unsound or zn danger o£ so becomxng shall with�n ninety days of receipt of such notice, satisfy the histor�c landmark commission that reasonably necessary repairs to safeguard the structural soundness of the landmark have been eftect�d (f) Tf the landmark commission determ�nes that the buildrng is struct�rally unsound hut there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the PAGE 16 city council its recommendation as to what action, i£ any, should be taken on the structure (g) Any app�icant or interested person aggrieved by a ruling of the landmark commxss�on under the provisions of this section may, within thirty days after the date of such ruling, appeal to the city council SeCtion 28A-13 HISTORIC LANDMARK DESIGNATION TO COEXIST WITH OTHER USE CLASSIFICA'fIONS Use classi£ications as to all property which may be included in a historic landmark designation shall continue to be governed by the comprehensive zoning ordinance of the city and th� procedures therein establ.ished Section 28A-14 HISTORIC DISTRICTS DEFINEB, RESTRICTIONS IMPOSED THEREIN, CRITERIA FOR DISTRICT BOUNDARIES ESTABLISHED, REQUISITES FOR APPLIGATIONS FOR DISTRICTS SET FORTH, CRITBRTA FOR EVALUATING SAME PROVTDED, DTSTRTCT PRESERVATTON PLANS DEFINED, MIS- CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF LANDMARK COMMTSSION SET FORTH, PROCEDURE FOR MODIFICATION OF ORDINANCE PROVISIONS LSTABLTSHED {a) DEFINITION Districts which may be designated Historic Landmarks pursuant to Section 28A-1 shall here�n be referred to as "HISTORIC DISTRICTS" and shall mean geographzcaJly definable areas, possessing s�gnrficant concentration, linkage, or continuity of bua3.dings, structures, sites, areas or land which are united by architectural, his- torical, archaelogical, or cuitural amportance or szgn�£icance (b) RESTRICTIONS All buzldings, structures, sites, areas or lands Iocated with a designated historic district, whether individually dasignated historic or not, are sub�ect to these regulations No person pr entity shall construct, reconstruct, alter, change, restore, remove or demolish in any way the exterior features of such building, structure, or s�te, area or land until a permit has been granted by ihe building official o£ the C�ty o£ Denton Furthermore, no public improvements, including, but not limited to, street constructzon, signs, lighting, sidewalk construe�ion, parking facilities and traffic PAGE 17 system changes, except traffic control signs and devices, shall be made within or affecting a historic district without approval of the city council after recommendation has been submitted by th� landmark commission and appropriate city departments (c) DISTRICT BOUNDARIES The boundaries of historic districts sha11 be drawn so as to �nclud� a11 bulldings, structures, sit�s, areas or lands which meet one or more of the criteria set out in Section 28A-� herezn or whzch directly affect or relate to such buildings, stractures, sites, areas or lands meeting on one more of the Section 28A-3 criteria, provid�d that at least 51� of the total structures within the boundarzes are of architectural, historic, archaeological, or cultura� �mpartance or value (d) ESTABLISHMENT OF HISTORIC DISTRICTS (1) Applicatzons for conszderation of a h�storxc distri�t shall be based upon architectural, historical, archa�ological or cultural importance or value and accompanied by a report to the landmark commission containing the following informaiion {a) A lzst of speCifiC buildings, structures, sites, areas or lands of importance or value located w�thin the propos�d district boundarzes and a description o£ the particular importance or value of each such building, structure, site, area or land (b) A map showing the boundaries of the proposed historital distrxct drawn to a scale of 1"-200', and the location of each structure of importance or value identified by a number or Ietter designation (c) Sufficient photagraphs of each building, structure, site, area or land of importance or value showing the condition, color, size and architectural detail of each, and, PAGE 18 (d) A description of each buxlding, structure, site, area or land of importance or value showrng the condition, color, size and architectural detail of each, and where possible 1 date of construc�ion 2 builder or architect 3 chain of uses and ownership 4 architectural style 5 materials 6 constructzon technzque 7 recogn�tzon by State or National Government as architecturallp ar hzstorically significant, if so designated (2) Application for establishment of an histor�c district on the basis of cultural or archaeological importance or value shall be accompanied by a report containing the £ollowing inf ormati on (a) A map showing the boundaries of the proposed district drawn to a scale of 1"=200', (b) A description of the cultural or archaeolog�.cal importance or value of the building, stru�ture, site, area or land being proposed for hxstorzc designation, and (c) Any evidence which would show recognition by either the State of Texas and/or the National Government (3) Applications to increase the boundaries of an historic da.strzct may be made if one or more of the following conditions are met (a) When buildings, structures, sites, areas or lands of importance or value are related to the distract are requested for inc�usion (b) When facts prev�ously undisclosed to or unknown by the landmark commission are revealed wh�ch indicaie that a particular buxlding or site is possessed of special archxtectural, archaeological, cultural. or historical importance or value PAGB 19 (4) Applications to reduce the boundaries of an historic distr�ct may be made when one or more oi the following conditions have been met (a) When it can be shown that a particular building, structure, site, area or land has no historic, architectural, archaeologiCal or cultuxa� �mpoxtance or value to the viability of the district (b) When exclusion of buildings, structures, sites, areas or lands is necessary for ma�or new development that would support e�thex the axchztectural, histox�cal, archaeolog�cal, or cultural character or econom�c viability of the district (c) When it can be shown that no degradation of the dzstrzet e�ther physical, historical, architectural, archae- oingi�al, or cultural wi11 result from exclusion of property from the district (5) Application for inclusion or exclusion may be made when e�ther contznued exclusion or inclusion of pro�erty within the d�strict would render zt an econom�cal hardhsxp �ox reasonable continuation in its present exterior form In order to establish such economic hardship, the owner must show that no reasonable alternative use exists which allows the exterior af the building to remaan in its original style In evaluating economic reiurn, the Commission may request the owner to document the value, rents, returns, tax burden, and/or contracts, pertaining to the property (e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS In evaluating applications for historic drstricts, the landmark commission shall consider Sections 28A-3 and Section 28A-13(d) �f the landmark commission recommends the establishment of an historic distxict or dxstricts, it shall cause to be prepared an historic district designation ordlnance whlch sha11 contain, but not be limited to, the £ollowzng (1) A statement of purpose setting forth the commiss�on's reasons for recommend�ng designation of the district, and PAGE 20 � (2) A legal description of th� boundaries of the distr�Ct, (3) Maps, charts and photographs of the buzldings, structures, sites, areas, ox lands located w�thin the dzstrict, (4) F�ndings that support the critexia required in Section 28A-3 and 28A-13, if applicable, that establishes the particular �mportance or value of the distxict (5) Recommendations for the protection and preser- vation of the district refexred to herein as district preservation plan (f) DISTRICT PRESERVATION PLAN The dlstrict preservation plan shall include, hut shall not be limrted to the following (1} Zoning Classificatzon of Uses The commiss�on may examine the uses existiing within the district �n terms of their individual and continued effect upon the character, safety, economic and physical impact o£ the district and may recommend such changes in zoning, height and area reguiations {Z) Building Code Requirements The commission may rev�ew and recommend any amendments to the bu�lding regulations it feels necessary to preserve the arch�tectural and historzc integrzty and authenticity o� structures within each such district (3) Sign Regulations The Commission may review the provisions of the s�gn regulations that are permzssible within each such dlstrict and recommend such alterations in size, location, type and construction they feel appropriate In prepax�ng such recommendations, the Commission sha2i consider existing signs as well as criteria for future signs In the event that an existing sign or signs are deemed to have a negative zmpact on the character of the district, the Commission may recommend a method o£ removal or improvement of such sign or signs, reviewing such sign changes with owners or tenants prior to such recommendation PAGE 21 (4) Parking Regulations The commission may review the p�xk�ng regulations in ex�stence in the district and recomm�nd any changes in numbers, or locatzan of on-street and off-street parking requirements it feels necessary to enhance the district It shall review the adequacy of parking facilzties in or affecting the district and may offer recom- mendations for such public and/or private parking lots, garages or structures it deems to be in the best overail interest of the distri�t (5) Architectvral Regulations As a guide for those seeking a certificate of appropriateness pursaant to Section 28A-8, the historic landmark co�mission may, in conformance with the �pplicable zoning classi£ication, height and area limitation, and in keeping with the significant architectural, historical, archaeological or cultural elements of each such d�stri¢t recommend regulations affecting the exterior of the buildimg, including, but not limzt�d to, the following (a) Acceptable materials for new construction such as stucco, masanry, metal and glass curtain, (b) Appropriate architectural character, scale and detail £or new construction, (c) Acceptable appurtenances to new and existing struct�res such as gables, parapets, balconles and dormers, (d) Acceptable textures and ornamentation such as paznt colors and types, use of wood, stone, metal, plaster, plasti�s and other �an-made mater�als, use of shutters, wrought and cast xron, fznxshes of inetal, �olors of glass, such as silver, gold, bronze, s�oke, and other details or architectural ornamemtation i (e) Acceptable accessoriss on new or existing structWres such as lxght fixtures, gas lights, canopies, exterior carpentry, tile or wood, banners, £lags and pro�ections, and PAGE 22 (f) For those properties which are sites, areas, lands, buildings, structures, or vacant lots which are not of hlstorical, arch�tectural, archaeologzcal or cultural importance or value, development or xedevelopment may be at the owner's discretion as long as there �s no variance from the historic district pr�servation plan to materials, scale and detail, agpurtenances, textures, ornamentation and accessories, and the owner complies with exist�ng regulatzons In these instances, no review by the landmark commission would be required, and no certificate of appropriateness would apply (6) Translt and Traffic Operations The commission may review the transit and traEfic operations in and through the distriCt and provide recommendat�ons to the urban transpartatxon department and city council on routes, schedules, one-way and two-way street patterns, park and rise, shuttZe services and pedestrian facilities that will enhance and preserue the character of the district (7) Public Improvements The landmark comm�ssion may recommend to the city council acceptabie public architecturai and engineering des�gns including street lighting, street furniture, signs, landscaping, utality facilites such as electric poles and wires, telephone lines, �esign textures of sidewalks and streets, such as brzck, stone and ti1e, and such other elements as deemed necessary for enhancement and preservation of the district (g) Admin�strative Requirements of Landmark Commission (1) When a h�storic landmark commiss�on considers an area as a possible hYStoric district, it shall, prior to rendering its final recommendation xnd report, subm�t its report, including the district preservation plan or any proposed ordinance amendments to all city departments, boards and commisslons and other public agencies directly affected (2) In addition, it sha11, and przor to rendering its final recommendaiion, make the plan ava�lable to the landowners �n the pxoposed district In the event the area under PAGE 23 consideration has establ�shed an h�storic district commattee, the commission may include the cornments of such comm�ttee in its final raport If appropriate and desired, the commission should recommend that the c�ty council adopt the restrictions to assure that iuture public investment compl�es with the term af the district (3) Commisslon approved medallions for designated structures withzn the district shall be prepared and, sub�ect to the approval of the owners, may be a£fixed to the "H" des�gnated structures (h} Changes in Provisions herein Such regulat�ons, restrictions, and boundaxzes may from tzme to time be amended, supplemented, changed, modified, or repealed In case, however, o£ a written protest agaLnst such change, ssgned by the owners of twenty percent or more either of the area o£ the lots or land included in such proposed change, or of the lots or land immediately ad�oining the same and extending 200 feet therefrom, such amendment shall not became effective except by the favorable vote of three-fourths of all members of the city council SeCtion 28A-15 PENALTY (a} It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or mainfiain any building, structure, or land in a historic landmark designation in violation of the provisions of this ordinance, and the city in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construct�on, xestoxation, demolition, razing, or mazntenance, to restxain, correct, or abate such v�olation, to prevent any illegal act, business, or maintenance in and about such pre�ises (b) Aay person, firm, or corporation violating any provisions o£ thzs chapter shall be guil.ty of a misdemeanor, and sha11 be deemed guilty o£ a separaie offense for each day or PAGE 24 portion thereof during wh�ch any violatzon hereo£ �s comm�tted, continues or is permitted, and upon conviction of any such violation sha11 be punishable by a fzne not to exceed two hundred dollars SeCt�on 28A°16 NOTICE Any notice required to be grven under this t�tle, if nat actually delivered, sha11 be given by depositing the same in the United States mail, postage pzepaid, addressed to the person or entity to whom such notice is to Ue given at his last known address When notice is required to be gaven to an owner or owners of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner or owners who have renderad �heir said property for city taxes as the ownershzp appears on the last approved czty tax roll SECTiON II This ordinance shall become effect�ve from and after its date of passage and publication as reqaired by law PASSED AND APPROVED thi s the � day of ��/��i�. , , 19� �i%/�,_ �� , _/�. F: i i A T. G►� %�.y :: f � l a F[1l . ATTESP 0 HOLT, IT S RETARX TY pF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY, CiTY OF AENTON, TEXAS BY � ¢-1 �'d PAGE 25